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THIRTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 18, 2002
The Senate was called to order at 9:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Finkbeiner, Parlette, Tim Sheldon and Zarelli. On motion of Senator Hewitt, Senators Finkbeiner, Parlette and Zarelli were excused. On motion of Senator Eide, Senator Tim Sheldon was excused.
The Sergeant at Arms Color Guard, consisting of Pages Catlin Patterson and Stacy Schuck, presented the Colors. David Buri, Legislative Assistant to Senator Larry Sheahan, offered the prayer.
MOTION
On motion of Senator the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
February 15, 2002
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1005,
SECOND SUBSTITUTE HOUSE BILL NO. 1849,
SUBSTITUTE HOUSE BILL NO. 2031,
SUBSTITUTE HOUSE BILL NO. 2308,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2324,
HOUSE BILL NO. 2332,
SUBSTITUTE HOUSE BILL NO. 2366,
SUBSTITUTE HOUSE BILL NO. 2378,
HOUSE BILL NO. 2392,
HOUSE BILL NO. 2394,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2470,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2473,
SUBSTITUTE HOUSE BILL NO. 2477,
SUBSTITUTE HOUSE BILL NO. 2492,
SUBSTITUTE HOUSE BILL NO. 2512,
SUBSTITUTE HOUSE BILL NO. 2513,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2522,
HOUSE BILL NO. 2527,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2532,
SECOND SUBSTITUTE HOUSE BILL NO. 2534,
HOUSE BILL NO. 2553,
SUBSTITUTE HOUSE BILL NO. 2589,
SUBSTITUTE HOUSE BILL NO. 2610,
SUBSTITUTE HOUSE BILL NO. 2611,
SUBSTITUTE HOUSE BILL NO. 2617,
SUBSTITUTE HOUSE BILL NO. 2648,
HOUSE BILL NO. 2678,
SECOND SUBSTITUTE HOUSE BILL NO. 2697,
SUBSTITUTE HOUSE BILL NO. 2710,
SUBSTITUTE HOUSE BILL NO. 2736,
ENGROSSED HOUSE BILL NO. 2841,
SUBSTITUTE HOUSE BILL NO. 2893,
ENGROSSED HOUSE BILL NO. 2918,
HOUSE JOINT MEMORIAL NO. 4024, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6817 by Senators Carlson, Benton, Oke, Morton, Stevens, Zarelli and Honeyford
AN ACT Relating to restoring public confidence in the profession of public accountancy; amending RCW 18.04.015, 18.04.055, 18.04.065, 18.04.195, 18.04.295, 18.04.305, and 18.04.345; amending 2001 c 294 s 23 (uncodified); and declaring an emergency.
Referred to Committee on Labor, Commerce and Financial Institutions.
SCR 8433 by Senators Jacobsen, Prentice, Costa, Keiser, Fraser, Fairley, Snyder, Thibaudeau, Haugen, Oke, Rasmussen, Kohl-Welles and Swecker
Creating a joint select committee to study the retention and expansion of the aerospace industry in Washington.
Referred to Committee on Labor, Commerce and Financial Institutions.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1005 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Morris and Lantz)
Allowing the granting of easements on state-owned aquatic lands for local public utility lines.
Referred to Committee on Economic Development and Telecommunications.
2SHB 1849 by House Committee on Appropriations (originally sponsored by Representatives Pearson, Jackley, Doumit, Eickmeyer, Rockefeller, Cox, Barlean, Armstrong, Bush and O'Brien) (by request of Parks and Recreation Commission)
Requiring the parks and recreation commission to have a record check performed on certain job applicants.
Referred to Committee on Natural Resources, Parks and Shorelines.
SHB 2031 by House Committee on Finance (originally sponsored by Representatives Cairnes, Crouse, Poulsen, Morris, Reardon, Delvin and Barlean)
Limiting the taxation of payphone services.
Referred to Committee on Economic Development and Telecommunications.
SHB 2308 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville, Schoesler, Anderson, Dunshee, Lovick, Lantz, Santos, Rockefeller, Berkey, Conway, Wood, Edwards, Cooper, Hunt, Fromhold, Dickerson, Cody, Simpson, Upthegrove, Kagi and McIntire)
Encouraging recycling and waste reduction.
Referred to Committee on Environment, Energy and Water.
ESHB 2324 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Hatfield, Doumit, Kessler, Kirby, Edwards and Orcutt)
Making it a crime to fail to protect children and dependent persons.
Referred to Committee on Judiciary.
HB 2332 by Representatives Romero, McDermott, Schmidt, Woods, Ruderman, Miloscia, Esser and Kagi (by request of Secretary of State Reed)
Directing a statewide voter registration data base.
Referred to Committee on State and Local Government.
SHB 2366 by House Committee on Appropriations (originally sponsored by Representatives Ogden, Woods, Romero, Skinner and Chase) (by request of Secretary of State Reed)
Funding and authorizing expenditures of the secretary of state.
Referred to Committee on State and Local Government.
SHB 2378 by House Committee on Children and Family Services (originally sponsored by Representatives Dickerson, Kagi, Tokuda, Chase, Kenney and Schual-Berke)
Revising the definition of "abuse or neglect."
Referred to Committee on Human Services and Corrections.
HB 2392 by Representatives Delvin, Doumit, Alexander, Morell, Eickmeyer, Linville, Lovick, Haigh and Esser (by request of Joint Committee on Pension Policy)
Transferring service credit and contributions into the Washington state patrol retirement system.
Referred to Committee on Ways and Means.
HB 2394 by Representatives Alexander, Cooper, Doumit, Delvin, Conway, Linville, Haigh and Simpson (by request of Joint Committee on Pension Policy)
Separating from public employees' retirement system plan 1.
Referred to Committee on Ways and Means.
ESHB 2470 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Campbell, Cairnes, Cooper, Hunt, Hurst, Quall, Armstrong, Delvin, Tokuda and Kenney)
Revising provisions for plumbing contractors.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2473 by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, Boldt, Dickerson, Kenney, Ogden, Chase, Dunn, Veloria, McDermott and Fromhold) (by request of Governor Locke)
Revising provisions for the governance of the Washington state school for the deaf.
Referred to Committee on Education.
SHB 2477 by House Committee on Judiciary (originally sponsored by Representatives O'Brien, Ballasiotes and Lovick) (by request of Department of Corrections)
Removing requirement for department of corrections to file satisfaction of judgments.
Referred to Committee on Judiciary.
SHB 2492 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Gombosky, Fromhold, Lantz, Rockefeller, Hunt, Cox, Jarrett, Edwards, Chase, Wood, McDermott and Haigh) (by request of State Treasurer Murphy)
Revising provisions for college payment programs.
Referred to Committee on Higher Education.
SHB 2512 by House Committee on State Government (originally sponsored by Representatives Upthegrove, Schmidt, Miloscia, Romero, Edwards, Jackley, Kenney, Ogden, Chase, Morris, McDermott and Schual-Berke) (by request of Governor Locke)
Creating the uniform regulation of business and professions act.
Referred to Committee on Labor, Commerce and Financial Institutions.
SHB 2513 by House Committee on Commerce and Labor (originally sponsored by Representatives Wood, Clements and Conway)
Regulating timeshare interest reservations.
Referred to Committee on Labor, Commerce and Financial Institutions.
ESHB 2522 by House Committee on State Government (originally sponsored by Representatives Sullivan, Romero, Lovick, Murray, Upthegrove, Miloscia, Chase, Rockefeller, Lantz, Simpson, Kagi, McIntire, Wood, Santos, Linville and Edwards)
Encouraging the purchase of clean technologies.
Referred to Committee on Environment, Energy and Water.
HB 2527 by Representatives Sullivan, Dunshee, Edwards, DeBolt, Reardon, Kirby, Cooper, Crouse, Mielke, Miloscia, Chase and Wood
Revising certain day labor limits to account for inflation.
Referred to Committee on State and Local Government.
ESHB 2532 by House Committee on Judiciary (originally sponsored by Representatives Linville, Crouse, Morris, Berkey, Morell and Wood)
Allowing the use of electronic mail telecommunications technology by nonprofit corporation committees.
Referred to Committee on Judiciary.
2SHB 2534 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Kagi, Chase, Tokuda, Jarrett, Conway, Morell, Ogden, Edwards, Kessler, Haigh, Veloria, McIntire, Schual-Berke, Wood, Santos, McDermott and Linville)
Gaining independence for students by creating the educational assistance grant program for financially needy students with dependents.
Referred to Committee on Higher Education.
HB 2553 by Representatives Morris, Pflug, Dunshee, Clements, Conway, Chase, Rockefeller and Veloria
Increasing the number of eligible tribes for cigarette tax contracts.
Referred to Committee on Labor, Commerce and Financial Institutions.
SHB 2589 by House Committee on Health Care (originally sponsored by Representatives Linville, Mulliken, Cody, Skinner, Veloria and Kenney)
Providing for licensure of audiologists and speech-language pathologists.
Referred to Committee on Health and Long-Term Care.
SHB 2610 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Darneille, Morell, Tokuda, O'Brien, Upthegrove, Kirby and Campbell)
Providing criminal penalties for endangerment of children and dependent persons with a controlled substance.
Referred to Committee on Judiciary.
SHB 2611 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Lysen, Casada, Romero, Kenney, Berkey, Sullivan, Wood, Linville, Hunt, Kagi, Dickerson, Darneille, McDermott, Haigh, O'Brien, Chase, Fromhold, Veloria, Cody, Lovick, Upthegrove, Orcutt, Kirby, McIntire, Miloscia, Nixon, Campbell, Santos, Schual-Berke and Conway)
Establishing a do not call list.
Referred to Committee on Economic Development and Telecommunications.
SHB 2617 by House Committee on State Government (originally sponsored by Representatives Linville, Romero, DeBolt, Quall, Kirby, Alexander, Morris, Dunshee, Bush, Hunt, Tokuda, Miloscia and McDermott)
Requiring further information about certain political campaign contributors.
Referred to Committee on State and Local Government.
SHB 2648 by House Committee on Capital Budget (originally sponsored by Representatives Murray, Esser, Reardon and McIntire)
Requiring additional information from certain capital budget applicants.
Referred to Committee on Ways and Means.
HB 2678 by Representatives Upthegrove, McDermott, Chase and Kagi
Requiring institutions of higher education to put in place an active prompt on their web sites that link to the secretary of state's voter registration web site.
Referred to Committee on Higher Education.
2SHB 2697 by House Committee on Appropriations (originally sponsored by Representatives Reardon, Anderson, Berkey, Pflug, Sullivan, Nixon, Esser, Delvin, Jarrett, Upthegrove and Simpson)
Incorporating effective economic development planning into growth management planning.
Referred to Committee on State and Local Government.
SHB 2710 by House Committee on Commerce and Labor (originally sponsored by Representatives Van Luven, Veloria, Esser, Tokuda, Santos, Cooper, Morell and Nixon)
Applying the consumer protection act to the sale of halal food products.
Referred to Committee on Labor, Commerce and Financial Institutions.
SHB 2736 by House Committee on Capital Budget (originally sponsored by Representatives Murray, Esser, McIntire, Lantz, Jarrett, Ogden, Lysen, Chase, Haigh and Kenney) (by request of University of Washington)
Authorizing the University of Washington and Washington State University to make financing arrangements for research facilities.
Referred to Committee on Higher Education.
EHB 2841 by Representatives Chase, Cox, Kenney, Jarrett, Fromhold, Lysen, Edwards, Upthegrove, Rockefeller, Haigh, Esser and McDermott
Requiring a student member on the higher education coordinating board.
Referred to Committee on Higher Education.
SHB 2893 by House Committee on Commerce and Labor (originally sponsored by Representatives Clements and Conway)
Regulating the business relationship between suppliers and dealers of certain machinery and equipment.
Referred to Committee on Labor, Commerce and Financial Institutions.
EHB 2918 by Representative Wood
Authorizing certain organizations to conduct bingo.
Referred to Committee on Labor, Commerce and Financial Institutions.
HJM 4024 by Representatives Dunshee, Edwards, Jackley and Schmidt
Requesting State Route 99 be named the William P. Stewart Memorial Highway.
Referred to Committee on Transportation.
SECOND READING
SENATE BILL NO. 6536, by Senators Hargrove, Long and Costa
Requiring all DSHS personnel to carry an active caseload.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6536 was substituted for Senate Bill No. 6536 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. 6536 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6536.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6536 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 44.
Voting nay: Senator Thibaudeau - 1.
Excused: Senators Finkbeiner, Parlette, Sheldon, T. and Zarelli - 4.
SUBSTITUTE SENATE BILL NO. 6536, 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. 6590, by Senators McAuliffe, Rossi and Kohl-Welles
Improving K-12 preparedness and performance through promoting better oral health.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 6590 was substituted for Senate Bill No. 6590 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. 6590 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6590.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6590 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Finkbeiner, Hochstatter, Honeyford, McDonald and Morton - 5.
SUBSTITUTE SENATE BILL NO. 6590, 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 Costa, Senator Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 6380, by Senators Winsley, Fraser, Carlson, Spanel, Jacobsen, Regala, Rasmussen, McAuliffe and Kohl-Welles (by request of Joint Committee on Pension Policy)
Creating new survivor benefit division options for divorced members of the law enforcement officers' and fire fighters' retirement system, the teachers' retirement system, the school employees' retirement system, the public employees' retirement system, and the Washington state patrol retirement system.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the following striking amendment by Senators Winsley and Fraser was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.26.162 and 1991 sp.s. c 12 s 2 are each amended to read as follows:
(1)(a) An ex spouse of a law enforcement officers' and fire fighters' retirement system retiree shall qualify as surviving spouse under RCW 41.26.160 if the ex spouse:
(((a))) (i) Has been provided benefits under any currently effective court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation entered after the member's retirement and prior to December 31, 1979; and
(((b))) (ii) Was married to the retiree for at least thirty years, including at least twenty years prior to the member's retirement or separation from service if a vested member.
(((2))) (b) If two or more persons are eligible for a surviving spouse benefit under this subsection, benefits shall be divided between the surviving spouses based on the percentage of total service credit the member accrued during each marriage.
(((3))) (c) This ((section)) subsection shall apply retroactively.
(2)(a) An ex spouse of a law enforcement officers' and fire fighters' retirement system plan 1 retiree who:
(i) Divorced the member after being married to the member for at least thirty years, including at least twenty years prior to the member's retirement or separation from service if a vested member;
(ii) Entered into a court order or court-approved property settlement agreement incident to the divorce that awarded a portion of the member's benefits to the ex spouse;
shall continue to receive that portion of the member's benefit after the member's death as if the member was still alive.
(b) This subsection shall apply retroactively, however no payments shall be made to an ex spouse of a deceased member qualifying under this subsection for any period prior to the effective date of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 41.26 RCW under subchapter heading "plan 1" to read as follows:
(1) No later than July 1, 2003, the department shall adopt rules to allow a member who meets the criteria set forth in subsection (2) of this section to choose an actuarially equivalent benefit that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of a spouse ineligible for survivor benefits under RCW 41.26.160 or 41.26.161.
(2) To choose an actuarially equivalent benefit according to subsection (1) of this section, a member shall:
(a) Have the retirement allowance payable to the retiree not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670;
(b) Have no qualified ex spouse under RCW 41.26.162(1); and
(c) Choose an actuarially reduced benefit during a one-year period beginning one year after the date of marriage to the survivor benefit-ineligible spouse.
(3) A member who married a spouse ineligible for survivor benefits under RCW 41.26.160 or 41.26.161 prior to the effective date of the rules adopted under this section and satisfies the conditions of subsection (2)(a) and (b) of this section has one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(4) No benefit provided to a child survivor beneficiary under RCW 41.26.160 or 41.26.161 is affected or reduced by the member's selection of the actuarially reduced spousal survivor benefit provided by this section.
(5)(a) Any member who chose to receive a reduced retirement allowance under subsection (1) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection if:
(i) The retiree's survivor spouse designated in subsection (1) of this section predeceases the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree from the beginning of the month following the date of the beneficiaries death shall be increased by the following:
(i) One hundred percent multiplied by the result of (b)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor.
Sec. 3. RCW 41.50.670 and 1998 c 341 s 513 are each amended to read as follows:
(1) Nothing in this chapter regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an obligee to direct payments of retirement benefits to satisfy a property division obligation ordered pursuant to a court decree of dissolution or legal separation or any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation as provided in RCW 2.10.180, 2.12.090, 41.04.310, 41.04.320, 41.04.330, 41.26.053, 41.26.162, 41.32.052, 41.35.100, 41.34.070(((3))) (4), 41.40.052, 43.43.310, or 26.09.138, as those statutes existed before July 1, 1987, and as those statutes exist on and after July 28, 1991. The department shall pay benefits under this chapter in a lump sum or as a portion of periodic retirement payments as expressly provided by the dissolution order. A dissolution order may not order the department to pay a periodic retirement payment or lump sum unless that payment is specifically authorized under the provisions of chapter 2.10, 2.12, 41.26, 41.32, 41.35, 41.34, 41.40, or 43.43 RCW, as applicable.
(2) The department shall pay directly to an obligee the amount of periodic retirement payments or lump sum payment, as appropriate, specified in the dissolution order if the dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states in the following form:
If . . . . . . (the obligor) receives periodic retirement payments as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars from such payments or . . . percent of such payments. If the obligor's debt is expressed as a percentage of his or her periodic retirement payment and the obligee does not have a survivorship interest in the obligor's benefit, the amount received by the obligee shall be the percentage of the periodic retirement payment that the obligor would have received had he or she selected a standard allowance.
If . . . . . . (the obligor) requests or has requested a withdrawal of accumulated contributions as defined in RCW 41.50.500, or becomes eligible for a lump sum death benefit, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars plus interest at the rate paid by the department of retirement systems on member contributions. Such interest to accrue from the date of this order's entry with the court of record.
(3) This section does not require a member to select a standard allowance upon retirement nor does it require the department to recalculate the amount of a retiree's periodic retirement payment based on a change in survivor option.
(4) A court order under this section may not order the department to pay more than seventy-five percent of an obligor's periodic retirement payment to an obligee.
(5) Persons whose court decrees were entered between July 1, 1987, and July 28, 1991, shall also be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if the dissolution orders comply or are modified to comply with this section and RCW 41.50.680 through 41.50.720 and, as applicable, RCW 2.10.180, 2.12.090, 41.26.053, 41.32.052, 41.35.100, 41.34.070, 41.40.052, 43.43.310, and 26.09.138.
(6) The obligee must file a copy of the dissolution order with the department within ninety days of that order's entry with the court of record.
(7) A division of benefits pursuant to a dissolution order under this section shall be based upon the obligor's gross benefit prior to any deductions. If the department is required to withhold a portion of the member's benefit pursuant to 26 U.S.C. Sec. 3402 and the sum of that amount plus the amount owed to the obligee exceeds the total benefit, the department shall satisfy the withholding requirements under 26 U.S.C. Sec. 3402 and then pay the remainder to the obligee. The provisions of this subsection do not apply to amounts withheld pursuant to 26 U.S.C. Sec. 3402(i).
Sec. 4. RCW 41.50.700 and 1991 c 365 s 16 are each amended to read as follows:
(1) Except under subsection (3) of this section, the department's obligation to provide direct payment of a property division obligation to an obligee under RCW 41.50.670 shall cease upon the death of the obligee or upon the death of the obligor, whichever comes first. However, if an obligor dies and is eligible for a lump sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the withdrawal of accumulated contributions pursuant to a court order that complies with RCW 41.50.670.
(2) The direct payment of a property division obligation to an obligee under RCW 41.50.670 shall be paid as a deduction from the member's periodic retirement payment. An obligee may not direct the department to withhold any funds from such payment.
(3) The department's obligation to provide direct payment continues for the life of an ex spouse from a preretirement divorce meeting the criteria of RCW 41.26.162(2).
Sec. 5. RCW 41.26.460 and 2000 c 186 s 1 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.26.430 or disability retirement under RCW 41.26.470, a member shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.26.530(1) and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the ages provided in RCW 41.26.430 and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 6. RCW 41.32.530 and 2000 c 186 s 2 are each amended to read as follows:
(1) Upon an application for retirement for service under RCW 41.32.480 or retirement for disability under RCW 41.32.550, approved by the department, every member shall receive the maximum retirement allowance available to him or her throughout life unless prior to the time the first installment thereof becomes due he or she has elected, by executing the proper application therefor, to receive the actuarial equivalent of his or her retirement allowance in reduced payments throughout his or her life with the following options:
(a) Standard allowance. If he or she dies before he or she has received the present value of his or her accumulated contributions at the time of his or her retirement in annuity payments, the unpaid balance shall be paid to his or her estate or to such person, trust, or organization as he or she shall have nominated by written designation executed and filed with the department.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person who has an insurable interest in the member's life. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(c) Such other benefits shall be paid to a member receiving a retirement allowance under RCW 41.32.497 as the member may designate for himself, herself, or others equal to the actuarial value of his or her retirement annuity at the time of his retirement: PROVIDED, That the board of trustees shall limit withdrawals of accumulated contributions to such sums as will not reduce the member's retirement allowance below one hundred and twenty dollars per month.
(d) A member whose retirement allowance is calculated under RCW 41.32.498 may also elect to receive a retirement allowance based on options available under this subsection that includes the benefit provided under RCW 41.32.770. This retirement allowance option shall also be calculated so as to be actuarially equivalent to the maximum retirement allowance and to the options available under this subsection.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.32.470 and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.32.480(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and the nonmember ex spouse are not (i) subject to the minimum benefit provisions of RCW 41.32.4851, or (ii) the minimum benefit annual increase amount eligibility provisions of RCW 41.32.489 (2)(b) and (3)(a).
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 7. RCW 41.32.785 and 2000 c 186 s 4 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.32.765 or retirement for disability under RCW 41.32.790, a member shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. Such benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.32.815 and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.32.765(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 8. RCW 41.32.851 and 2000 c 186 s 5 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.32.875 or retirement for disability under RCW 41.32.880, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. Upon the death of the retired member, all benefits shall cease.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to such person or persons as the retiree shall have nominated by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and joint and fifty percent survivor option.
(2) ((A member, if married, must provide the written consent of his or her spouse to the option selected under this section. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section)) (a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty-percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.32.875(1) and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.32.875(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A RCW after the date of the dissolution order creating separate benefits for a member and nonmember ex spouse shall be paid solely to the member.
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 9. RCW 41.35.220 and 2000 c 186 s 6 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.35.420 or 41.35.680 or retirement for disability under RCW 41.35.440 or 41.35.690, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. ((However,))
(i) For members of plan 2, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(ii) For members of plan 3, upon the death of the retired member, the member's benefits shall cease.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member of plan 2 who meets the length of service requirements of RCW 41.35.420, or a member of plan 3 who meets the length of service requirements of RCW 41.35.680(1), and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the ages provided in RCW 41.35.420(1) for members of plan 2, or RCW 41.35.680(1) for members of plan 3, and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A RCW after the date of the dissolution order creating separate benefits for a member and nonmember ex spouse shall be paid solely to the member.
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 10. RCW 41.40.188 and 2000 c 186 s 7 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.40.180 or retirement for disability under RCW 41.40.210 or 41.40.230, a member shall elect to have the retirement allowance paid pursuant to one of the following options calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(c) A member may elect to include the benefit provided under RCW 41.40.640 along with the retirement options available under this section. This retirement allowance option shall be calculated so as to be actuarially equivalent to the options offered under this subsection.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.40.180(1) and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.40.180(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The separate single life benefits of the member and the nonmember ex spouse are not (i) subject to the minimum benefit provisions of RCW 41.40.1984, or (ii) the minimum benefit annual increase amount eligibility provisions of RCW 41.40.197 (2)(b) and (3)(a).
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 11. RCW 41.40.660 and 2000 c 186 s 8 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.40.630 or retirement for disability under RCW 41.40.670, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3)(a) Any member who retired before January 1, 1996, and who elected to receive a reduced retirement allowance under subsection (1)(b) or (2) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection, if they meet the following conditions:
(i) The retiree's designated beneficiary predeceases or has predeceased the retiree; and
(ii) The retiree provides to the department proper proof of the designated beneficiary's death.
(b) The retirement allowance payable to the retiree, as of July 1, 1998, or the date of the designated beneficiary's death, whichever comes last, shall be increased by the percentage derived in (c) of this subsection.
(c) The percentage increase shall be derived by the following:
(i) One hundred percent multiplied by the result of (c)(ii) of this subsection converted to a percent;
(ii) Subtract one from the reciprocal of the appropriate joint and survivor option factor;
(iii) The joint and survivor option factor shall be from the table in effect as of July 1, 1998.
(d) The adjustment under (b) of this subsection shall accrue from the beginning of the month following the date of the designated beneficiary's death or from July 1, 1998, whichever comes last.
(4) No later than July 1, 2001, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.40.720 and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.40.630(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) Any benefit distributed pursuant to chapter 41.31A RCW after the date of the dissolution order creating separate benefits for a member and nonmember ex spouse shall be paid solely to the member.
(d) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 12. RCW 41.40.845 and 2000 c 247 s 314 are each amended to read as follows:
(1) Upon retirement for service as prescribed in RCW 41.40.820 or retirement for disability under RCW 41.40.825, a member shall elect to have the retirement allowance paid pursuant to one of the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout such member's life. ((However, if the retiree dies before the total of the retirement allowance paid to such retiree equals the amount of such retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.)) Upon the death of the member, the member's benefits shall cease.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a person nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and the member's spouse do not give written consent to an option under this section, the department shall pay a joint and fifty percent survivor benefit calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) The department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted under this section and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2002, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted under this section and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(5) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who meets the length of service requirements of RCW 41.40.820(1) and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the age provided in RCW 41.40.820(1) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (4) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
Sec. 13. RCW 43.43.270 and 2001 c 329 s 6 are each amended to read as follows:
For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an allowance which shall continue as long as the member lives.
(2) If a member should die while in service the member's lawful spouse shall be paid an allowance which shall be equal to fifty percent of the average final salary of the member. If the member should die after retirement the member's lawful spouse shall be paid an allowance which shall be equal to the retirement allowance then payable to the member or fifty percent of the final average salary used in computing the member's retirement allowance, whichever is less. The allowance paid to the lawful spouse shall continue as long as the spouse lives: PROVIDED, That if a surviving spouse who is receiving benefits under this subsection marries another member of this retirement system who subsequently predeceases such spouse, the spouse shall then be entitled to receive the higher of the two survivors' allowances for which eligibility requirements were met, but a surviving spouse shall not receive more than one survivor's allowance from this system at the same time under this subsection. To be eligible for an allowance the lawful surviving spouse of a retired member shall have been married to the member prior to the member's retirement and continuously thereafter until the date of the member's death or shall have been married to the retired member at least two years prior to the member's death. The allowance paid to the lawful spouse may be divided with an ex spouse of the member by a dissolution order as defined in RCW 41.50.500(3) incident to a divorce occurring after July 1, 2002. The dissolution order must specifically divide both the member's benefit and any spousal survivor benefit, and must fully comply with RCW 41.50.670 and 41.50.700.
(3) If a member should die, either while in service or after retirement, the member's surviving unmarried children under the age of eighteen years shall be provided for in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member or retired member. The combined benefits to the surviving spouse and all children shall not exceed sixty percent of the final average salary of the member or retired member; and
(b) If there is no surviving spouse or the spouse should die, the child or children shall be entitled to a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary of the member or retired member. Payments under this subsection shall be prorated equally among the children, if more than one.
(4) If a member should die in the line of duty while employed by the Washington state patrol, the member's surviving children under the age of twenty years and eleven months if attending any high school, college, university, or vocational or other educational institution accredited or approved by the state of Washington shall be provided for in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to a benefit equal to five percent of the final average salary of the member. The combined benefits to the surviving spouse and all children shall not exceed sixty percent of the final average salary of the member;
(b) If there is no surviving spouse or the spouse should die, the unmarried child or children shall be entitled to receive a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary. Payments under this subsection shall be prorated equally among the children, if more than one; and
(c) If a beneficiary under this subsection reaches the age of twenty-one years during the middle of a term of enrollment the benefit shall continue until the end of that term.
(5) The provisions of this section shall apply to members who have been retired on disability as provided in RCW 43.43.040 if the officer was a member of the Washington state patrol retirement system at the time of such disability retirement.
Sec. 14. RCW 43.43.271 and 2001 c 329 s 5 are each amended to read as follows:
(1) A member commissioned on or after January 1, 2003, upon retirement for service as prescribed in RCW 43.43.250 or disability retirement under RCW 43.43.040, shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout the member's life. However, if the retiree dies before the total of the retirement allowance paid to the retiree equals the amount of the retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married, must provide the written consent of his or her spouse to the option selected under this section, except as provided in (b) of this subsection. If a member is married and both the member and member's spouse do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse as the beneficiary. This benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless spousal consent is not required as provided in (b) of this subsection.
(b) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790 has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spousal consent provisions of (a) of this subsection do not apply.
(3) No later than January 1, 2003, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse from a postretirement marriage as a survivor during a one-year period beginning one year after the date of the postretirement marriage provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670.
(ii) A member who entered into a postretirement marriage prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who has completed at least five years of service and the member's divorcing spouse be divided into two separate benefits payable over the life of each spouse.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried at the time of retirement remains subject to the spousal consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse shall be eligible to commence receiving their separate benefit upon reaching the ages provided in RCW 43.43.250(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse if the nonmember ex spouse was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670.
(c) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution."
MOTIONS
On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 5 of the title, after "system;" strike the remainder of the title and insert "amending 41.26.162, 41.50.670, 41.50.700, 41.26.460, 41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.40.845, 43.43.270, and 43.43.271; and adding a new section to chapter 41.26 RCW."
On motion of Senator Winsley, the rules were suspended, Engrossed Senate Bill No. 6380 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6380.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6380 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Voting nay: Senator Finkbeiner - 1.
Excused: Senator Thibaudeau - 1.
ENGROSSED SENATE BILL NO. 6380, 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 Costa, the Senate advanced to the seventh order of business.
THIRD READING
SECOND SUBSTITUTE SENATE BILL NO. 5909, by Senate Committee on Ways and Means (originally sponsored by Senators Fraser, Regala, Spanel and Thibaudeau)
Revising financial responsibility requirements for vessels.
The bill was read the third time and placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of 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, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 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.
MOTION
On motion of Senator Costa, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6423, by Senators Costa and McCaslin
Clarifying how criminal history should be used in sentencing decisions.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 6423 was substituted for Senate Bill No. 6423 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6423 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6423.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6423 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6423, 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. 6343, by Senators Kline, Roach, Poulsen, Sheahan, Regala, Hochstatter and Oke
Assuring payment of traffic infraction penalties.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 6343 was substituted for Senate Bill No. 6343 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6343 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6343.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6343 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6343, 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. 6664, by Senators Costa and Hargrove
Requiring offenders to propose a release plan.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Senate Bill No. 6664 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6664.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6664 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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. 6664, 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. 6740, by Senators Rasmussen, Swecker, Shin and Parlette
Authorizing irrigation districts to accept various methods of payment.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6740 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6740.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6740 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Finkbeiner - 1.
Excused: Senator Johnson - 1.
SENATE BILL NO. 6740, 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. 6597, by Senators Winsley, Gardner, Kohl-Welles, B. Sheldon and Keiser
Authorizing additional school district capital demonstration projects.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 6597 was substituted for Senate Bill No. 6597 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6597 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6597.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6597 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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.
SUBSTITUTE SENATE BILL NO. 6597, 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. 8036, by Senators B. Sheldon, Shin, Carlson, Haugen, Sheahan, Spanel, Oke, Franklin, Rasmussen, Jacobsen, Eide, Winsley, Costa, T. Sheldon, Kastama, Thibaudeau, Gardner, Hale, Swecker, West, Prentice, McAuliffe, Kline, Fraser, Keiser, Johnson, Roach and Kohl-Welles
Requesting a memorial to remember the internment of Japanese-Americans during World War II.
MOTIONS
On motion of Senator Betti Sheldon, Substitute Senate Joint Memorial No. 8036 was substituted for Senate Joint Memorial 8036 and the substitute joint memorial was placed on second reading and read the second time.
On motion of Senator Betti Sheldon, the rules were suspended, Substitute Senate Joint Memorial No. 8036 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8036.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8036 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, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8036, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Honeyford, Senator Hewitt was excused.
SECOND READING
SENATE BILL NO. 6249, by Senators Jacobsen, Kastama, Rasmussen and Roach
Establishing the distinguished flying cross license plate.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 6249 was substituted for Senate Bill No. 6249 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. 6249 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6249.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6249 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Hewitt - 1.
SUBSTITUTE SENATE BILL NO. 6249, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Jacobsen, the following resolution was adopted:
SENATE RESOLUTION 8741
By Senators Jacobsen, Johnson, Spanel, Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Zarelli
WHEREAS, The Distinguished Flying Cross Medal of Honor is awarded to officers or enlisted persons of the Armed Forces of the United States who distinguished themselves in actual combat in support of operations by "heroism or extraordinary achievement while participating in an aerial flight"; and
WHEREAS, The Distinguished Flying Cross, authorized by an Act of Congress on July 2, 1926, was awarded first to Captain Charles A. Lindbergh, for his solo flight of 3,600 miles across the Atlantic Ocean in 1927, a feat which electrified the world and made Lindy one of America's most popular heroes; and
WHEREAS, The first Distinguished Flying Cross to be awarded to a Navy man was to Commander Richard E. Byrd, of the United States Navy Air Corps, on May 9, 1926, for his exciting flight to and from the North Pole; and
WHEREAS, Amelia Earhart also received the Distinguished Flying Cross; hers was the only such award to a civilian, as an executive order on March 1, 1927, ruled that Distinguished Flying Cross Awards should not be conferred on civilians; and
WHEREAS, The state of Washington has produced several notables who received the Distinguished Flying Cross in combat. Pappy Boyington, a member of the Flying Tigers, and Commander of the famed Black Sheep Squadron; James Wiley, a member of the famed Red Tailed Devils, known as Tuskeegee Airmen; John Ehrlichman, a Seattle lawyer and aide to President Nixon; Dennis Braddock, Secretary of the Department of Social and Health Services; and many more; and
WHEREAS, The Northwest Chapter of the Distinguished Flying Cross Society is a nonprofit organization dedicated to honoring the history and traditions of those who have been awarded the Distinguished Flying Cross.
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and commend those Washington citizens who have received the highest military honor for aviators, an honor in precedence above the Purple Heart and just below the Congressional Medal of Honor; and
BE IT FURTHER RESOLVED, That the Washington State Senate stand in support of the Northwest Chapter of the Distinguished Flying Cross Society, the second fastest growing chapter in the United States after only six months of existence; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Northwest Chapter of the Distinguished Flying Cross Society.
Senators Jacobsen, Oke and Eide spoke to Senate Resolution 8741.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced members of the Northwest Chapter of the Distinguished Flying Cross Society, who were seated in the gallery.
President Owen assumed the Chair.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6665, by Senators Johnson and Keiser
Establishing cost-benefit criteria for SR 167.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6665 was substituted for Senate Bill No. 6665 and the substitute bill was placed on second reading and read the second time.
Senator Johnson moved that the following amendment by Senators Johnson, Keiser, Eide and Kastama be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the expansion and realignment of state route 167, which has been designated as a highway of statewide significance, is of vital interest to the state's economy. To ensure the free movement of people and goods along this corridor is a transportation priority, and the department of transportation shall plan and design an improved and expanded corridor from its intersection with state route 405 in the north to a new terminus at the Port of Tacoma via proposed state route 509 in the south. At a minimum, the planning must include:
(1) Environmental permit processes must be conducted in accordance with the criteria, standards, timelines, and other processes developed by the transportation permit efficiency and accountability committee established under chapter 47.06C RCW, and may include watershed based mitigation;
(2) Planning must be undertaken in preparation for the ultimate project to be designed and constructed using the design-build processes established under RCW 47.20.780 and 47.20.785. The cost-benefit analysis process and demand modeling tools provided in sections 401 through 406, chapter 5, Laws of 2002 may be used in this planning.
(3) Nothing in this section delays, restricts, or limits design, right-of-way purchase, planning, construction, or other work associated with state route 167 improvement projects which has already been completed or is on-going. The design and plan process called for in this section shall be conducted in such a way as to integrate previous or on-going work on projects associated with improving state route 167 to avoid delay to any such project.
NEW SECTION. Sec. 2. This act is null and void if new transportation revenues do not become law in 2002."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Johnson, Keiser, Eide and Kastama to Substitute Senate Bill No. 6665.
The motion by Senator Johnson carried and the striking amendment was adopted.
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute Senate Bill No. 6665 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. 6665.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6665 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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. 6665, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5416, by Senate Committee on Human Services and Corrections (originally sponsored by Senators Patterson, Stevens, Long, Hargrove, Rossi, Winsley, McAuliffe and Rasmussen)
Requiring screening of pregnant and lactating women for nonprescription use of controlled substances.
MOTION
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5416 was returned to second reading and read the second time.
MOTION
On motion of Senator Costa, the following striking amendment by Senators Hargrove, Costa and Long was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.83E RCW to be codified between RCW 70.83E.010 and 70.83E.020 to read as follows:
In an effort to reduce the harmful effects of drug-affected infants:
(1) A woman's primary health care provider shall screen a pregnant or lactating woman for nonprescription use of controlled substances. Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW.
(2) Health care providers shall:
(a) Screen pregnant women for nonprescription use of controlled substances if they seek medical attention at the time of delivery and indicate that they have received little or no prenatal health care. Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW; and
(b) Convey to the infant's primary health care provider screening findings that would suggest the need for testing of the infant, or conduct the testing.
(3) This section does not apply to drug-affected infants born before the effective date of this act.
Sec. 2. RCW 70.83E.020 and 1998 c 93 s 2 are each amended to read as follows:
The department of health, in consultation with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women addicted to drugs or alcohol who are at risk of producing a drug-affected ((baby)) infant. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drug-affected ((baby)) infant.
"MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "infants;" strike the remainder of the title and insert "amending RCW 70.83E.020; and adding a new section to chapter 70.83E RCW."
On motion of Senator Costa, Engrossed Substitute Senate Bill No. 5416 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. 5416.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5416 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 42.
Voting nay: Senators Fairley, Franklin, Kohl-Welles, McAuliffe, Roach, Thibaudeau and Zarelli - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5416, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6698, by Senators Thibaudeau and Deccio
Exempting reflexologists from regulation as massage practitioners.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 6698 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. 6698.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6698 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 1; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.
Voting nay: Senators Benton, Hale, Haugen, Honeyford, McDonald, Morton, Rasmussen and West - 8.
Absent: Senator Deccio - 1.
SENATE BILL NO. 6698, 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. 6490, by Senators Roach, Kline, Rasmussen, Keiser, Regala, Benton, Honeyford, Oke, Hale, McDonald, Johnson, McCaslin, Kastama, Sheahan and Stevens
Increasing penalties for taking a motor vehicle without permission.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6490 was substituted for Senate Bill No. 6490 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the following amendments by Senators Roach and Kline were considered simultaneously and were adopted: On page 10, beginning on line 7, strike the following: "Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))"
On page 10, beginning on line 36, strike the following:"((Taking Motor Vehicle Without Permission (RCW 9A.56.070)))"
and insert the following:
"Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))"
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6490 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. 6490.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6490 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 40.
Voting nay: Senators Fairley, Franklin, Fraser, Haugen, McAuliffe, Prentice, Snyder, Spanel and Thibaudeau - 9.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6490, 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. 6602, by Senators Costa, Long, Poulsen and Kastama
Revising the crime of extortion in the second degree.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 6602 was substituted for Senate Bill No. 6602 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6602 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. 6602.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6602 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, 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. 6602, 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. 6675, by Senators Prentice, Fairley, Rasmussen, Fraser, Keiser, Costa, Franklin and Spanel
Prohibiting health care facilities from requiring employees to perform overtime work.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions amendments were considered simultaneously and were adopted:
On page 1, line 15, after "means" strike "an individual" and insert "a licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW"
On page 1, line 17, after "wage" strike ", but does not include a physician"
MOTION
On motion of Senator Prentice, the following striking amendment by Senators Prentice and Deccio was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited with reasonable safeguards in order to ensure that the public will continue to receive safe, quality care.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this section and sections 3 and 4 of this act unless the context clearly requires otherwise.
(1) "Employee" means a licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW employed by a health care facility who is involved in direct patient care activities or clinical services and receives an hourly wage.
(2) "Employer" means an individual, partnership, association, corporation, state institution, political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.
(3) "Health care facility" means the following facilities, or any part of the facility, that operates on a twenty-four hours per day, seven days per week basis: Hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health care facilities as defined in RCW 70.175.020, and psychiatric hospitals licensed under chapter 71.12 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state. If a nursing home regulated under chapter 18.51 RCW or a home health agency regulated under chapter 70.127 RCW is operating under the license of a health care facility, the nursing home or home health agency is considered part of the health care facility for the purposes of this subsection.
(4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift within a twenty-four hour period not to exceed twelve hours in a twenty-four hour period or eighty hours in a consecutive fourteen-day period.
(5) "On-call time" means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.
(6) "Reasonable efforts" means that the employer, to the extent reasonably possible, does all of the following but is unable to obtain staffing coverage:
(a) Seeks individuals to volunteer to work extra time from all available qualified staff who are working;
(b) Contacts qualified employees who have made themselves available to work extra time;
(c) Seeks the use of per diem staff; and
(d) Seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.
(7) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.
NEW SECTION. Sec. 3. (1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.
(2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.
(3) This section does not apply to overtime work that occurs:
(a) Because of any unforeseeable emergent circumstance;
(b) Because of prescheduled on-call time;
(c) When the employer documents that the employer has used reasonable efforts to obtain staffing. An employer has not used reasonable efforts if overtime work is used to fill vacancies resulting from chronic staff shortages; or
(d) When an employee is required to work overtime to complete a patient care procedure already in progress where the absence of the employee could have an adverse effect on the patient.
NEW SECTION. Sec. 4. The department of labor and industries shall investigate complaints of violations of section 3 of this act. A violation of section 3 of this act is a class 1 civil infraction in accordance with chapter 7.80 RCW, except that the maximum penalty is one thousand dollars for each infraction up to three infractions. If there are four or more violations of section 3 of this act for a health care facility, the employer is subject to a fine of two thousand five hundred dollars for the fourth violation, and five thousand dollars for each subsequent violation. The department of labor and industries is authorized to issue and enforce civil infractions according to chapter 7.80 RCW.
NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 49.28 RCW."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "work;" strike the remainder of the title and insert "adding new sections to chapter 49.28 RCW; creating a new section; and prescribing penalties."
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6675 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. 6675.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6675 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.
Voting nay: Senators Hewitt, Hochstatter, Honeyford, Horn, McCaslin, McDonald, Morton, Sheahan and Stevens - 9.
ENGROSSED SENATE BILL NO. 6675, 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 11:27 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:00 p.m. by President Owen.
MOTIONS
On motion of Senator Hewitt, Senators Horn and Winsley were excused.
On motion of Senator Eide, Senators Fairley and Gardner were excused.
SECOND READING
SENATE BILL NO. 6481, by Senators Prentice and Winsley
Regulating insurance for rental vehicles.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6481 was substituted for Senate Bill No. 6481 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. 6481 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. 6481.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6481 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Zarelli - 43.
Absent: Senators Kline and Thibaudeau - 2.
Excused: Senators Fairley, Gardner, Horn and Winsley - 4.
SUBSTITUTE SENATE BILL NO. 6481, 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 Kastama, Senator Kline was excused.
SECOND READING
SENATE BILL NO. 6640, by Senators Rasmussen, Swecker, Snyder, Jacobsen, Franklin, Kohl-Welles, Winsley and Roach
Classifying members of the Washington national guard as resident students.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6640 was substituted for Senate Bill No. 6640 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. 6640 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. 6640.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6640 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Sheldon, T. - 1.
Excused: Senators Fairley and Kline - 2.
SUBSTITUTE SENATE BILL NO. 6640, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Kastama was excused.
On motion of Senator Hewitt, Senator Hochstatter was excused.
SECOND READING
SENATE JOINT MEMORIAL NO. 8029, by Senators Kohl-Welles, Rasmussen, Swecker, Hewitt, Sheahan, Prentice, Honeyford, Hargrove, Spanel, Hale, Brown, Snyder, Haugen, McAuliffe and Kline
Petitioning to end restrictions on trade with Cuba.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Joint Memorial No. 8029 was substituted for Senate Joint Memorial No. 8029 and the substitute joint memorial was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Joint Memorial No. 8029 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 Substitute Senate Joint Memorial No. 8029.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8029 and the joint memorial passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 38.
Voting nay: Senators Benton, Johnson, Morton, Oke, Roach, Rossi, Sheldon, T., Stevens and Zarelli - 9.
Excused: Senators Hochstatter and Kastama - 2.
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8029, having received the constitutional majority, was declared passed.
There being no objection, the President advanced the Senate to the seventh order of business.
THIRD 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 third time and 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. 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, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
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.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 5797, by Senators Prentice, Deccio, Fairley, Thibaudeau and Costa
Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.
MOTIONS
On motion of Senator Thibaudeau, Second Substitute Senate Bill No. 5797 was substituted for Senate Bill No. 5797 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Second Substitute Senate Bill No. 5797 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5797.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5797 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 39.
Voting nay: Senators Hewitt, Honeyford, Long, Morton, Rasmussen, Roach, Sheldon, T., Stevens, West and Zarelli - 10.
SECOND SUBSTITUTE SENATE BILL NO. 5797, 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. 6353, by Senators Haugen, Oke and Jacobsen
Increasing the fee for the migratory bird stamp from six dollars to eight dollars.
MOTIONS
On motion of Senator Jacobsen, Second Substitute Senate Bill No. 6353 was substituted for Senate Bill No. 6353 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Second Substitute Senate Bill No. 6353 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6353.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6353 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 37.
Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Roach, Sheahan, Sheldon, T., Stevens and Zarelli - 12.
SECOND SUBSTITUTE SENATE BILL NO. 6353, 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 McCaslin: “Mr. President, a point of parliamentary inquiry. I realize that you can’t discuss the bill during the voting on it, but we have an example of misinformation–accidently–misinformation on the screen, that really doesn’t tell the Senators what the bill is about, what do you do then? You can go ahead and vote it in or out. I suppose you could always vote on the prevailing side and raise a point, but during the course of the vote, if it is wrong, is there any remedy to that?”
REPLY THE PRESIDENT
President Owen: “Senator, right now the procedure is to show the title of the original bill. If you wish the procedure to change that, then it would be up to the body to make a decision and come up with a method to do it. The President believes that there is adequate information to provide you information on the bills available to you. However, if you choose to make a change that would have to be done by the body. ”
MOTION
On motion of Senator Kastama, Senators Eide and McAuliffe were excused.
SECOND READING
SENATE BILL NO. 6504, by Senators Kohl-Welles, Horn, Shin, Carlson, B. Sheldon, McAuliffe, Parlette, Jacobsen, Franklin and Sheahan
Changing provisions relating to institutions of higher education.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6504 was substituted for Senate Bill No. 6504 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. 6504 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. 6504.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6504 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Eide and McAuliffe - 2.
SUBSTITUTE SENATE BILL NO. 6504, 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. 6648, by Senator Hargrove
Improving coordination of services when criminal mistreatment occurs.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 6648 was substituted for Senate Bill No. 6648 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6648 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. 6648.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6648 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Absent: Senators Snyder and Thibaudeau - 2.
SUBSTITUTE SENATE BILL NO. 6648, 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 Kline was excused.
SECOND READING
SENATE BILL NO. 6528, by Senators Keiser, Eide and Costa
Allowing governmental entities that award publicly funded contracts to select contractors using the lowest responsible bidder method.
MOTIONS
On motion of Senator Keiser, Substitute Senate Bill No. 6528 was substituted for Senate Bill No. 6528 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Keiser, the following amendments were considered simultaneously and were adopted:On page 1, line 10, after "projects" insert "estimated to cost more than two hundred thousand dollars"
On page 2, beginning on line 2, after "(3)" strike all material through "specified;" on line 3, and insert "Whether the bidder has demonstrated the ability to perform within the time specified by previous contracts;"
On page 2, line 17, after "nonresponsible" insert "and the bidder shall forfeit any bid deposit submitted to the contracting agency in support of the bid"
MOTION
On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6528 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. 6528.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6528 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 36.
Voting nay: Senators Benton, Carlson, Finkbeiner, Hewitt, Hochstatter, Honeyford, Johnson, McDonald, Parlette, Sheldon, T., Stevens and Zarelli - 12.
Excused: Senator Kline - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6528, 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 Kastama, Senator Eide was excused.
SECOND READING
SENATE BILL NO. 5949, by Senators Haugen and Swecker
Erecting and maintaining motorist information sign panels.
MOTIONS
On motion of Senator Haugen, Second Substitute Senate Bill No. 5949 was substituted for Senate Bill No. 5949 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 5949 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5949.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5949 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Eide and Kline - 2.
SECOND SUBSTITUTE SENATE BILL NO. 5949, 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. 6598, by Senators Kohl-Welles, Horn, Jacobsen, Winsley, Johnson, Prentice, Rossi, Hewitt, Eide, McAuliffe, Rasmussen and Finkbeiner
Creating the Washington natural science and wildlife education partnership fund.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 6598 was substituted for Senate Bill No. 6598 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. 6598 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. 6598.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6598 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, McCaslin and Morton - 6.
Excused: Senator Eide - 1.
SUBSTITUTE SENATE BILL NO. 6598, 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. 6464, by Senators Jacobsen, Horn and Kohl-Welles
Authorizing the creation of a city transportation authority.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 6464 was substituted for Senate Bill No. 6464 and the substitute bill was placed on second reading and read the second time.
Senator Jacobsen moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means a city transportation authority created pursuant to this act.
(2) "Authority area" means the territory within a city as designated in the ordinance creating the authority.
(3) "Bonds" means bonds, notes, or other evidences of indebtedness.
(4) "Public monorail transportation function" means the transportation of passengers and their incidental baggage by means of public monorail transportation facilities as authorized in this chapter.
(5) "Public monorail transportation facilities" means a transportation system that utilizes train cars running on a guideway, together with the necessary passenger stations, terminals, parking facilities, related facilities or other properties, and facilities necessary and appropriate for passenger and vehicular access to and from people-moving systems, not including fixed guideway light rail systems.
(6) "Qualified elector" means any person registered to vote within the city boundaries.
NEW SECTION. Sec. 2. (1) A city transportation authority to perform a public monorail transportation function may be created in every city with a population greater than three hundred thousand to perform a public monorail transportation function. The authority shall embrace all the territory in the authority area. A city transportation authority is a municipal corporation, an independent taxing "authority" within the meaning of Article 7, section 1 of the state Constitution, and a "taxing district" within the meaning of Article 7, section 2 of the state Constitution.
(2) Any city transportation authority and proposed taxes established pursuant to this chapter, either by ordinance or petition as provided in this chapter, must be approved by a majority vote of the electors residing within the proposed authority area voting at a regular or special election.
NEW SECTION. Sec. 3. (1) A city that undertakes to propose creation of an authority must propose the authority by ordinance of the city legislative body. The ordinance must:
(a) Propose the authority area and the size and method of selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not compose a majority of the members of the authority's governing body;
(b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the authority;
(c) Propose an initial array of taxes to be voted upon by the electors within the proposed authority area; and
(d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of formation of the authority, until a permanent governing body is selected, but in no event longer than fourteen months.
(2) An authority may also be proposed to be created by a petition setting forth the matters described in subsection (1) of this section, and signed by one percent of the qualified electors of the proposed authority area.
(3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed taxes, either by ordinance or by petition as provided in this chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining, among other things, the authority's officers and the method of their selection, and other matters the governing body deems appropriate.
NEW SECTION. Sec. 4. The authority is subject to all standard requirements of a governmental entity pursuant to RCW 35.21.759.
NEW SECTION. Sec. 5. Every authority has the following powers:
(1) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of public monorail transportation facilities, including passenger terminal and parking facilities and properties, and other facilities and properties as may be necessary for passenger and vehicular access to and from public monorail transportation facilities, together with all lands, rights of way, and property within or outside the authority area, and together with equipment and accessories necessary or appropriate for these facilities, except that property, including but not limited to other types of public transportation facilities, that is owned by any city, county, county transportation authority, public transportation benefit area, metropolitan municipal corporation, or regional transit authority may be acquired or used by an authority only with the consent of the public entity owning the property. The entities are authorized to convey or lease property to an authority or to contract for their joint use on terms fixed by agreement between the entity and the authority;
(2) To fix rates, tolls, fares, and charges for the use of facilities and to establish various routes and classes of service. Rates, tolls, fares, or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens and handicapped persons;
(3) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, and other country, city, other political subdivision or governmental instrumentality, or governmental agency, or any private person, firm, or corporation for the purpose of receiving any gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or maintenance of public monorail transportation facilities as follows:
(a) Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law, the governing body of a city transportation authority may contract with one or more vendors for the design, construction, operation, or maintenance, or other service related to the development of a monorail public transportation system including, but not limited to, monorail trains, operating systems and control equipment, guideways, and pylons, together with the necessary passenger stations, terminals, parking facilities, and other related facilities necessary and appropriate for passenger and vehicular access to and from the monorail train.
(b) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications or proposals for services from qualified vendors, the authority must publish notice of its requirements and request submission of qualifications statements or proposals. The notice must be published in the official newspaper of the city creating the authority at least once a week for two weeks, not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice must state in summary form: (i) The general scope and nature of the design, construction, operation, maintenance, or other services being sought related to the development of the proposed monorail, tram, or trolley public transportation system; (ii) the name and address of a representative of the city transportation authority who can provide further details; (iii) the final date for the submission of qualifications statements or proposals; (iv) an estimated schedule for the consideration of qualifications statements or proposals, the selection of vendors, and the negotiation of a contract or contracts for services; (v) the location of which a copy of any requests for qualifications statements or requests for proposals will be made available; and (vi) the criteria established by the governing body of the authority to select a vendor or vendors, which may include, but is not limited to, the vendor's prior experience, including design, construction, operation, or maintenance of other similar public transportation facilities, respondent's management capabilities, proposed project schedule, availability and financial resources, costs of the services to be provided, nature of facility design proposed by the vendors, system reliability, performance standards required for the facilities, compatibility with existing public transportation facilities operated by the authority or any other public body or other providers of similar services to the public, project performance guarantees, penalties, and other enforcement provisions, environmental protection measures to be used by the vendor, consistency with the applicable regional transportation plans, and the proposed allocation of project risks.
(c) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications statements or proposals submitted by vendors, it may designate a representative to evaluate the vendors who submitted qualifications statements or proposals and conduct discussions regarding qualifications or proposals with one or more vendors. The governing body or its representative may request submission of qualifications statements and may later request more detailed proposals from one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The governing body or its representative will evaluate the qualifications or proposals, as applicable. If two or more vendors submit qualifications or proposals that meet the criteria established by the governing body of the authority, discussions and interviews must be held with at least two vendors. Any revisions to a request for qualifications or request for proposals must be made available to all vendors then under consideration by the governing body of the authority and must be made available to any other person who has requested receipt of that information.
(d) Based on the criteria established by the governing body of the authority, the representative will recommend to the governing body a vendor or vendors that are initially determined to be the best qualified to provide one or more of the design, construction, operation or maintenance, or other service related to the development of the proposed monorail public transportation system.
(e) The governing body of the authority or its representative may attempt to negotiate a contract with the vendor or vendors selected for one or more of the design, construction, operation or maintenance, or other service related to the development of the proposed monorail public transportation system on terms that the governing body of the authority determines to be fair and reasonable and in the best interest of the authority. If the governing body, or its representative, is unable to negotiate a contract with any one or more of the vendors first selected on terms that it determines to be fair and reasonable and in the best interest of the authority, negotiations with any one or more of the vendors must be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set forth in this section. If the governing body decides to continue the process of selection, negotiations will continue with a qualified vendor or vendors in accordance with this section at the sole discretion of the governing body of the authority until an agreement is reached with one or more qualified vendors, or the process is terminated by the governing body. The process may be repeated until an agreement is reached.
(f) Prior to entering into a contract with a vendor, the governing body of the authority must make written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the governing body of the authority to use this method for awarding contracts for one or more of the design, construction, or operation or maintenance of the proposed monorail public transportation system as compared to all other methods of awarding such contracts.
(g) Each contract must include a project performance bond or bonds or other security by the vendor.
(h) The provisions of chapters 39.12 and 39.19 RCW apply to a contract entered into under this section as if the public transportation systems and facilities were owned by a public body.
(i) The vendor selection process permitted by this section is supplemental to and is not construed as a repeal of or limitation on any other authority granted by law.
(j) Contracts for the construction of facilities, other than contracts for facilities to be provided by the selected vendor, with an estimated cost greater than two hundred thousand dollars must be awarded after a competitive bid process consistent with chapter 39.04 RCW or awarded through an alternative public works contracting procedure consistent with chapter 39.10 RCW;
(4) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, any governmental agency, or any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, designing, constructing, operating any public transportation facility, or performing any service related to transportation which the authority is authorized to operate or perform, on terms as may be agreed upon by the contracting parties;
(5) To acquire any existing public transportation facility by conveyance, sale, or lease. In any acquisition from a county, city, or other political subdivision of the state, the authority will receive credit from the county or city or other political subdivision for any federal assistance and state matching assistance used by the county or city or other political subdivision in acquiring any portion of the public transportation facility. Upon acquisition, the authority must assume and observe all existing labor contracts relating to the public transportation facility and, to the extent necessary for operation of the public transportation facility, all of the employees of the public transportation facility whose duties are necessary to efficiently operate the public transportation facility must be appointed to comparable positions to those which they held at the time of the transfer, and no employee or retired or pensioned employee of the public transportation facility will be placed in any worse position with respect to pension seniority, wages, sick leave, vacation, or other benefits than he or she enjoyed as an employee of the public transportation facility prior to the acquisition. Furthermore, the authority must engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired facility and may enter into labor contracts with the employee labor organization;
(6) To contract for, participate in, and support research, demonstration, testing, and development of public monorail transportation facilities, equipment, and use incentives, and have all powers necessary to comply with any criteria, standards, and regulations which may be adopted under state and federal law, and to take all actions necessary to meet the requirements of those laws. The authority has, in addition to these powers, the authority to prepare, adopt, and carry out a comprehensive public monorail plan and to make other plans and studies and to perform programs as the authority deems necessary to implement and comply with those laws;
(7) To establish local improvement districts within the authority area to finance public monorail transportation facilities, to levy special assessments on property specially benefited by those facilities, and to issue local improvement bonds to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection, enforcement, and all other matters relating to the local improvement districts, assessments, collection, and bonds are as provided in the statutes governing local improvement districts of cities and towns. The duties devolving upon the city treasurer in those statutes are imposed on the treasurer of the authority;
(8) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without limitation the power to sue and be sued, to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the authority, to enter into contracts, and to employ the persons as the authority deems appropriate. An authority may also sell, lease, convey, or otherwise dispose of any real or personal property no longer necessary for the conduct of the affairs of the authority.
NEW SECTION. Sec. 6. Each authority will establish necessary and appropriate funds and accounts consistent with the uniform system of accounts developed pursuant to RCW 43.09.210. The authority may designate a treasurer or may contract with any city with territory within the authority area for treasury and other financial functions. The city must be reimbursed for the expenses of treasury services. However, no city whose treasurer serves as treasurer of an authority is liable for the obligations of the authority.
NEW SECTION. Sec. 7. The authority must adopt a public transportation plan for public transportation facilities to be provided by the authority and the facilities must be provided substantially in accordance with that plan. The plan, and any adopted plan amendments, will be submitted for approval to the legislative authority of the city. Prior to adoption of the plan, the authority will provide a minimum of sixty days during which sufficient public hearings will be held to provide interested persons an opportunity to participate in development of the plan. The plan or any amendment is not effective until approval is granted or until ninety days has elapsed since the plan or amendment has been submitted for approval and the city has neither approved not disapproved the plan or amendment within those ninety days. The plan as approved by the legislative authority, or after the passage of ninety days, when the vote has neither been approved nor disapproved, shall be put before the qualified electors of the authority area.
NEW SECTION. Sec. 8. Every authority has the power to:
(1) Levy excess levies upon the property included within the authority area, in the manner prescribed by Article VII, section 2 of the state Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds;
(2) Issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter-approved general obligation indebtedness equal to one and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015. An authority may additionally issue general obligation bonds, together with outstanding voter-approved and nonvoter-approved general obligation indebtedness, equal to two and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015, when the bonds are approved by three-fifths of the qualified electors of the authority at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. These elections will be held as provided in RCW 39.36.050;
(3) Issue revenue bonds payable from any revenues other than taxes levied by the authority, and to pledge those revenues for the repayment of the bonds. Proceeds of revenue bonds may only be expended for the costs of public monorail transportation facilities, for financing costs, and for capitalized interest during construction plus six months thereafter. The bonds and warrants will be issued and sold in accordance with chapter 39.46 RCW.
No bonds issued by an authority are obligations of any city, county, or the state of Washington or any political subdivision thereof other than the authority, and the bonds will so state, unless the legislative authority of any city or county or the legislature expressly authorizes particular bonds to be either guaranteed by or obligations of its respective city or county or of the state.
NEW SECTION. Sec. 9. (1) Every authority has the power to levy and collect a special excise tax not exceeding two and one-half percent on the value of every motor vehicle owned by a resident of the authority area for the privilege of using a motor vehicle. Before utilization of any excise tax money collected under this section for acquisition of right of way or construction of a public monorail transportation facility on a separate right of way, the authority must adopt rules affording the public an opportunity for corridor public hearings and design public hearings, which provide in detail the procedures necessary for public participation in the following instances: (a) Prior to adoption of location and design plans having a substantial social, economic, or environmental effect upon the locality upon which they are to be constructed; or (b) on the public transportation facilities operating on a separate right of way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules the authority must adhere to the provisions of the administrative procedure act.
(2) A "corridor public hearing" is a public hearing that: (a) Is held before the authority is committed to a specific route proposal for the public transportation facility, and before a route location is established; (b) is held to afford an opportunity for participation by those interested in the determination of the need for, and the location of, the public transportation facility; and (c) provides a public forum that affords a full opportunity for presenting views on the public transportation facility route location, and the social, economic, and environmental effects on that location and alternate locations. However, the hearing is not deemed to be necessary before adoption of a transportation plan as provided in section 7 of this act or a vote of the qualified electors under subsection (5) of this section.
(3) A "design public hearing" is a public hearing that: (a) Is held after the location is established but before the design is adopted; (b) is held to afford an opportunity for participation by those interested in the determination of major design features of the public monorail transportation facility; and (c) provides a public forum to afford a full opportunity for presenting views on the public transportation system design, and the social, economic, and environmental effects of that design and alternate designs, including people-mover technology.
(4) An authority imposing a tax under subsection (1) of this section may also impose a sales and use tax, in addition to any tax authorized by RCW 82.14.030, upon retail car rentals within the city that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax must not exceed 1.944 percent of the base of the tax. The base of the tax will be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The revenue collected under this subsection will be distributed in the same manner as sales and use taxes under chapter 82.14 RCW.
(5) Before any authority may impose any of the taxes authorized under this section, the authorization for imposition of the taxes must be approved by the qualified electors of the authority area.
NEW SECTION. Sec. 10. (1) Every authority has the power to fix and impose a fee, not to exceed one hundred dollars per vehicle, for each vehicle that is subject to relicensing tab fees under RCW 46.16.0621 and for each vehicle that is subject to RCW 46.16.070 with an unladen weight of six thousand pounds or less, and that is determined by the department of licensing to be registered within the boundaries of the authority area. The department of licensing must provide an exemption from the fee for any vehicle the owner of which demonstrates is not operated within the authority area.
(2) The department of licensing will administer and collect the fee. The department will deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected, for administration and collection expenses incurred by it. The remaining proceeds will be remitted to the custody of the state treasurer for monthly distribution to the authority.
(3) The authority imposing this fee will delay the effective date at least six months from the date the fee is approved by the qualified voters of the authority area to allow the department of licensing to implement administration and collection of the fee.
(4) Before any authority may impose any of the fees authorized under this section, the authorization for imposition of the fees must be approved by a majority of the qualified electors of the authority area voting.
NEW SECTION. Sec. 11. (1) Every authority has the power to impose annual regular property tax levies in an amount equal to one dollar and fifty cents or less per thousand dollars of assessed value of property in the authority area when specifically authorized to do so by a majority of the voters voting on a proposition submitted at a special election or at the regular election of the authority. A proposition authorizing the tax levies will not be submitted by an authority more than twice in any twelve-month period. Ballot propositions must conform with RCW 29.30.111. The number of years during which the regular levy will be imposed may be limited as specified in the ballot proposition or may be unlimited in duration. In the event an authority is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the limitations provided in RCW 84.52.043 and 84.52.050, exceed these limitations, the authority's property tax levy shall be reduced or eliminated consistent with RCW 84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.
NEW SECTION. Sec. 12. All taxes and fees levied and collected by an authority must be used solely for the purpose of paying all or any part of the cost of acquiring, designing, constructing, equipping, maintaining, or operating public monorail transportation facilities or contracting for the services thereof, or to pay or secure the payment of all or part of the principal of or interest on any general obligation bonds or revenue bonds issued for authority purposes. Until expended, money accumulated in the funds and accounts of an authority may be invested in the manner authorized by the governing body of the authority, consistent with state law.
If any of the revenue from any tax or fee authorized to be levied by an authority has been pledged by the authority to secure the payment of any bonds as herein authorized, then as long as that pledge is in effect the legislature will not withdraw from the authority the authorization to levy and collect the tax or fee.
NEW SECTION. Sec. 13. The special excise tax imposed under section 9(1) of this act will be collected at the same time and in the same manner as relicensing tab fees under RCW 46.16.0621 and section 10 of this act. Every year on January 1st, April 1st, July 1st, and October 1st the department of licensing shall remit special excise taxes collected on behalf of an authority, back to the authority, at no cost to the authority. Valuation of motor vehicles for purposes of the special excise tax imposed under section 9(1) of this act must be consistent with chapter 82.44 RCW.
Sec. 14. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:
Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, section 11 of this act, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.
In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.
Sec. 15. RCW 84.52.052 and 1996 c 230 s 1615 are each amended to read as follows:
The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, fire protection district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, ((or)) cultural arts, stadium, and convention district, or city transportation authority.
Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held in the year in which the levy is made.
A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."
NEW SECTION. Sec. 16. Sections 1 through 13 of this act constitute a new chapter in Title 36 RCW."
MOTION
On motion of Senator Haugen, the following amendments to the striking amendment were considered simultaneously and adopted:
On page 12, after line 25 of the amendment, insert the following:
"NEW SECTION. Sec. 13. The city transportation authority may be dissolved by a vote of the people residing within the boundaries of the authority if the authority is faced with significant financial problems. Any referendum petition to dissolve the city transportation authority must be filed with the city council and contain provisions for dissolution of the authority. Within seven days, the city prosecutor must review the validity of the petition and submit its report to the petitioner and city council. If the petitioner's claims are deemed valid by the city prosecutor, within ten days of the petitioner's filing, the city council will confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title must be posed as a question and an affirmative vote on the measure results in authority retention and a negative vote on the measure results in the authority's dissolution. The petitioner will be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner has ninety days in which to secure on petition forms, the signatures of not less than fifteen percent of the registered voters in the authority area and to file the signed petitions with the filing officer. Each petition form must contain the ballot title and the full text of the measure to be referred. The filing officer will verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing officer shall submit the initiative to the authority area voters at a general or special election held on one of the dates provided in RCW 29.13.010 as determined by the city council, which election will not take place later than one hundred twenty days after the signed petition has been filed with the filing officer."
On page 15, line 36 of the amendment, strike "13" and insert "14"
Renumber the remaining sections consecutively and correct any internal references accordingly.
MOTION
Senator McDonald moved that the following amendment to the striking amendment by Senators Horn, McDonald, Haugen and Kastama be adopted:
On page 15, after line 37, insert the following:
"NEW SECTION. Sec. 17 This act is null and void if a regional transportation act does not become law by December 31, 2002."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Horn, McDonald, Haugen and Kastama on page 15, after line 37, to the striking amendment to Substitute Senate Bill No. 6464.
Senator McDonald demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on adoption of the amendment by Senators Horn, McDonald, Haugen and Kastama on page 15, after line 37, to the striking amendment to Substitute Senate Bill No. 6464.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was adopted by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West, Winsley and Zarelli - 26.
Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker and Thibaudeau - 23.
The President declared the question before the Senate to be adoption of the striking amendment, as amended, to Substitute Senate Bill No. 6464.
The motion by Senator Jacobsen carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 84.52.010 and 84.52.052; and adding a new chapter to Title 36 RCW."
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute Senate Bill No. 6464 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Deccio: “Senator Poulsen, you used the term, ‘Eastside Republicans.’ Would you please define exactly what you mean by that?”
Senator Poulsen: “I didn’t want to mention the good Senator from the eastside of Lake Washington by name. I certainly was referring to Senator McDonald, specifically, and not you. Thank you.”
REPLY BY THE PRESIDENT
President Owen: “And that raises a point of order. The President would remind members to refer and to keep your remarks relative to the issues and not to the members in the body.”
Further debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Jacobsen, in Senator McDonald’s remarks, he referred to ‘an up to two percent in motor vehicle excise tax.’ He said, ‘on vehicles operated in Seattle,’ and I am just wondering if you can clarify for me, do you have to be a resident and register the car at that address in Seattle to have that tax levied on you or will some of my constituents from the seventeenth district find themselves having this tax levied on them, because they may drive to Seattle on occasions?”
Senator Jacobsen: “Senator Benton, it would be only for cars registered in Seattle. It is the same thing with Sound Transit with the extra tax; it is only in certain zip codes and then they sort that out when you buy the car. I might add in the testimony in committee, it pointed out that they had no intention of using any of the taxes fully, so it implied that they are all going to be raised, isn’t accurate.”
Senator Benton: “Okay, thank you.”
Further 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. 6464.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6464 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 26.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 23.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6464, 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 Jacobsen, Engrossed Substitute Senate Bill No. 6464 was ordered to be immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Hewitt, Senator Hale was excused.
SECOND READING
SENATE BILL NO. 6439, by Senators Gardner, Haugen, McCaslin and Winsley (by request of Governor Locke and Attorney General Gregoire)
Protecting certain domestic security records.
MOTIONS
On motion of Senator Gardner, Substitute Senate Bill No. 6439 was substituted for Senate Bill No. 6439 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. 6439 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. 6439.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6439 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Fairley, Kohl-Welles, Poulsen and Sheldon, T. - 4.
Excused: Senator Hale - 1.
SUBSTITUTE SENATE BILL NO. 6439, 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. 6798, by Senators Horn and Gardner
Revising provisions relating to street vacations.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 6798 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. 6798.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6798 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senators Hargrove and Swecker - 2.
SENATE BILL NO. 6798, 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. 6609, by Senators Snyder, Deccio, T. Sheldon, Morton, Rasmussen, Honeyford, Hale and Hargrove
Allowing cost recovery in cases involving disputed department of ecology studies.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6609 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. 6609.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6609 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Keiser, Long, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Snyder, Stevens, Swecker, West, Winsley and Zarelli - 35.
Voting nay: Senators Eide, Fairley, Fraser, Kastama, Kline, Kohl-Welles, McAuliffe, Poulsen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 13.
Absent: Senator Deccio - 1.
SENATE BILL NO. 6609, 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 Carlson and Sheahan was excused.
SECOND READING
ENGROSSED SUBSTITUTE SENATE BILL NO. 5336, by Senate Committee on Higher Education (originally sponsored by Senators Kohl-Welles, Horn, Shin, McAuliffe, B. Sheldon, Constantine and Kline)
Creating the public interest attorney loan repayment program.
MOTIONS
On motion of Senator Kohl-Welles, Second Substitute Senate Bill No. 5336 was substituted for Engrossed Substitute Senate Bill No. 5336 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute Senate Bill No. 5336 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5336.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5336 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 27.
Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheldon, T., Stevens, Swecker, West and Zarelli - 20.
Excused: Senators Carlson and Sheahan - 2.
SECOND SUBSTITUTE SENATE BILL NO. 5336, 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. 6577, by Senators Gardner, Roach and Costa
Prohibiting substitution of subcontractors on larger public works contracts.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6577 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. 6577.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6577 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 41.
Voting nay: Senators Benton, Honeyford, Johnson, Long, McDonald, Rossi, Stevens and Zarelli - 8.
SENATE BILL NO. 6577, 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. 5831, by Senators Swecker, Fairley, Oke, Constantine, Regala, Rasmussen and Hochstatter
Allowing the use of body-gripping traps under certain circumstances.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5831 was substituted for Senate Bill No. 5831 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove, Snyder, West, Morton and Sheahan be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:
(1) RCW 77.15.192 (Definitions) and 2001 c 1 s 2 (Initiative Measure No. 713);
(2) RCW 77.15.194 (Unlawful traps) and 2001 c 1 s 3 (Initiative Measure No. 713);
(3) RCW 77.15.196 (Unlawful poison) and 2001 c 1 s 4 (Initiative Measure No. 713);
(4) RCW 77.15.198 (Violation of RCW 77.15.194 or 77.15.196--Penalty) and 2001 c 1 s 5 (Initiative Measure No. 713);
(5) Section 1, chapter 1, Laws of 2001 (Initiative Measure No. 713) (uncodified); and
(6) Section 6, chapter 1, Laws of 2001 (Initiative Measure No. 713) (uncodified)."
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Sheahan: “A parliamentary inquiry, Mr. President. How many votes does it take to pass the amendment and how many votes on final passage?”
RULING BY THE PRESIDENT
President Owen: "Senator, the question arises because this is an amendment to an initiative and it is within two years of the passage of this initiative. Therefore, the passage of the bill will take a two-thirds vote. To amend the bill takes a simple majority.”
Senator Sheahan: “Thank you.”
Further debate ensued.
POINT OF ORDER
Senator McCaslin: “A point of order, Mr. President. I thought we were on an amendment, not the bill. He is talking about the bill.”
President Owen: “Senator Kline, please be sure your remarks are pertinent to the amendment.”
Further debate ensued.
POINT OF ORDER
Senator Prentice: “A point of order, Mr. President, the Senator should be instructed that he should stick to addressing the amendment.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Snyder, West, Morton and Sheahan to Substitute Senate Bill No. 5831.
The motion by Senator Hargrove carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "Relating to" strike the remainder of the title and insert "Initiative Measure No. 713; repealing RCW 77.15.192, 77.15.194, 77.15.196, and 77.15.198; repealing 2001 c 1 s 1 (Initiative Measure No. 713) (uncodified); and repealing 2001 c 1 s 6 (Initiative Measure No. 713) (uncodified)."
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute Senate Bill No. 5831 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. 5831.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5831 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 38.
Voting nay: Senators Brown, Eide, Fairley, Fraser, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Sheldon, B. and Thibaudeau - 11.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5831, 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 Hargrove, Engrossed Substitute Senate Bill No. 5831 was ordered to be immediately transmitted to the House of Representatives.
SECOND READING
SENATE BILL NO. 6704, by Senators Kline, Hargrove, Kastama, Winsley, Oke, Keiser and Johnson
Increasing penalties for terrorist acts.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 6704 was substituted for Senate Bill No. 6704 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Kline moved that the following striking amendment by Senators Kline, Zarelli and Johnson be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to provide law enforcement and judicial agencies with the capacity to prevent and prosecute acts committed with terrorist intent. The legislature declares that the statutes creating crimes in this act are to be construed with lenity and in all respects to be done with deference to each person's state and federal constitutional guarantees.
NEW SECTION. Sec. 2. For the purposes of this chapter, "terrorist intent" means the intent to significantly disrupt the general civilian population or the conduct of government by committing an act which: (1) Manifests an extreme indifference to human life; or (2) causes or is intended to cause permanent or protracted loss of use of private or public property.
NEW SECTION. Sec. 3. (1) A person is guilty of a hoax terrorist act if he or she knowingly and falsely:
(a) Claims to have committed a felony with terrorist intent; or
(b) Makes any statement or takes any other action that causes or is intended to cause a reasonable belief that a felony with terrorist intent has been or will be committed.
(2) A hoax terrorist act is a class A felony.
Sec. 4. RCW 9.94A.535 and 2001 2nd sp.s. c 12 s 314 are each amended to read as follows:
The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. Whenever a sentence outside the standard sentence range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard sentence range shall be a determinate sentence unless it is imposed on an offender sentenced under RCW 9.94A.712. An exceptional sentence imposed on an offender sentenced under RCW 9.94A.712 shall be to a minimum term set by the court and a maximum term equal to the statutory maximum sentence for the offense of conviction under chapter 9A.20 RCW.
If the sentencing court finds that an exceptional sentence outside the standard sentence range should be imposed, the sentence is subject to review only as provided for in RCW 9.94A.585(4).
A departure from the standards in RCW 9.94A.589 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed by the offender or the state as set forth in RCW 9.94A.585 (2) through (6).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law, was significantly impaired. Voluntary use of drugs or alcohol is excluded.
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.
(d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;
(v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time, or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835.
(g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.
(h) The current offense involved domestic violence, as defined in RCW 10.99.020, and one or more of the following was present:
(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;
(ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or
(iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.
(i) The operation of the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(j) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(k) The offense resulted in the pregnancy of a child victim of rape.
(l) The defendant knew that the victim of the current offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.
(m) The current offense was committed with terrorist intent as defined in section 2 of this act. This subsection (2)(m) does not apply to crimes committed under chapter 70.74 RCW or committed under section 10 or 11 of this act.
Sec. 5. RCW 9.94A.030 and 2001 2nd sp.s. c 12 s 301, 2001 c 300 s 3, and 2001 c 7 s 2 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(8) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(9) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.
(14) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(15) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(21) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(25) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(28) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(29) "Nonviolent offense" means an offense which is not a violent offense.
(30) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(31) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.
(33) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(34) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(35) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(37) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; ((or))
(ix) Possession of radioactive material for terrorist purposes;
(x) Releasing radioactive material;
(xi) Possession of agents for terrorist purposes;
(xii) Unlawful use of agents for terrorist purposes; or
(xiii) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(40) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(44) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
NEW SECTION. Sec. 6. A new section is added to chapter 10.95 RCW to read as follows:
A person is guilty of aggravated murder in the first degree if he or she is a terrorist offender and shall be punished in accordance with the provisions of this chapter. For the purposes of this section, "terrorist offender" means an offender who commits a felony that results in the death of one or more persons and for which a special allegation of terrorist intent has been filed and proven beyond a reasonable doubt under section 13 of this act.
Sec. 7. RCW 10.95.040 and 1981 c 138 s 4 are each amended to read as follows:
(1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020 or section 6 of this act, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty should be imposed when there is reason to believe that there are not sufficient mitigating circumstances to merit leniency.
(2) The notice of special sentencing proceeding shall be filed and served on the defendant or the defendant's attorney within thirty days after the defendant's arraignment upon the charge of aggravated first degree murder unless the court, for good cause shown, extends or reopens the period for filing and service of the notice. Except with the consent of the prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing proceeding, the defendant may not tender a plea of guilty to the charge of aggravated first degree murder nor may the court accept a plea of guilty to the charge of aggravated first degree murder or any lesser included offense.
(3) If a notice of special sentencing proceeding is not filed and served as provided in this section, the prosecuting attorney may not request the death penalty.
Sec. 8. RCW 9.94A.515 and 2001 2nd sp.s. c 12 s 361, 2001 c 300 s 4, 2001 c 217 s 12, and 2001 c 17 s 1 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)
Releasing radioactive material (section 11(1) of this act)
Unlawful use of agents for terrorist purposes (section 10(1) of this act)
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))
Possession of agents for terrorist purposes (section 10(2) of this act)
Possession of radioactive material for terrorist purposes (section 11(2) of this act)
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)
Sexually Violent Predator Escape (RCW 9A.76.115)
IX Assault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Hit and Run--Death (RCW 46.52.020(4)(a))
Hoax terrorist act (section 3 of this act)
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))
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(3)(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(3)(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, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (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(3)(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)
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
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. 9. RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4));
(vii) Any felony committed with terrorist intent, as defined in section 2 of this act.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than two years after its commission.
(j) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.
NEW SECTION. Sec. 10. (1) A person is guilty of unlawful use of agents for terrorist purposes if the person willfully and with terrorist intent uses, places, introduces, broadcasts, disseminates, or releases any biological agent, chemical agent, or toxin.
(2) A person is guilty of possession of agents for terrorist purposes if the person knowingly and with terrorist intent possesses any biological agent, chemical agent, or toxin.
(3) For the purposes of this section:
(a) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring microorganism, virus, infectious substance, biological product, or toxin or vector, or any naturally occurring or bioengineered component thereof, capable of causing:
(i) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(ii) Deterioration of food, water equipment, supplies, or material of any kind; or
(iii) Significant deterioration of the environment.
(b) "Chemical agent" means any weapon, device, material, or substance that is designed or intended to cause widespread death or physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.
(c) "Habitable building" means any building in which persons may reside or assemble for recreational or employment purposes.
(d) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(i) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(ii) Any poisonous isomer or biological product, homolog, or derivative of such a substance.
(4)(a) Unlawful use of agents for terrorist purposes is a class A felony.
(b) Unlawful possession of agents for terrorist purposes is a class A felony.
NEW SECTION. Sec. 11. (1) A person is guilty of releasing radioactive material with terrorist intent if the person releases, broadcasts, or disseminates ionizing radiation with terrorist intent.
(2) A person is guilty of possession of radioactive material with terrorist intent if the person knowingly possesses a source of ionizing radiation with terrorist intent.
(3)(a) Releasing radioactive material with terrorist intent is a class A felony.
(b) Possession of radioactive material with terrorist intent is a class A felony.
NEW SECTION. Sec. 12. A new section is added to chapter 9A.82 RCW to read as follows:
(1) The prosecuting attorney may file a special allegation of terrorist intent in any criminal case, other than violations of the Washington state explosives act, chapter 70.74 RCW, or section 10 or 11 of this act, when sufficient admissible evidence exists that would justify a finding of terrorist intent by a reasonable and objective fact finder.
(2) If the special allegation is filed, the state shall prove beyond a reasonable doubt that the accused committed the crime with terrorist intent, as defined in section 2 of this act. The court shall make a finding of fact of whether or not terrorist intent was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with terrorist intent. This finding shall not be applied to violations of the Washington state explosives act, chapter 70.74 RCW, or section 10 or 11 of this act.
(3) The prosecuting attorney shall not withdraw the special allegation of terrorist intent without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems that make proving the special allegation doubtful.
NEW SECTION. Sec. 13. A new section is added to chapter 10.95 RCW to read as follows:
(1) The prosecuting attorney may file a special allegation of terrorist intent in any criminal case, other than violations of the Washington state explosives act, chapter 70.74 RCW, or section 10 or 11 of this act, when sufficient admissible evidence exists that would justify a finding of terrorist intent by a reasonable and objective fact finder.
(2) If the special allegation is filed, the state shall prove beyond a reasonable doubt that the accused committed the crime with terrorist intent, as defined in section 2 of this act. The court shall make a finding of fact of whether or not terrorist intent was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant committed the crime with terrorist intent. This finding shall not be applied to violations of the Washington state explosives act, chapter 70.74 RCW, or section 10 or 11 of this act.
(3) The prosecuting attorney shall not withdraw the special allegation of terrorist intent without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems that make proving the special allegation doubtful.
NEW SECTION. Sec. 14. A new section is added to chapter 9A.20 RCW to read as follows:
(1) Notwithstanding the provisions of RCW 9A.20.021, no person convicted of a classified felony with a finding of terrorist intent as provided under section 12 of this act shall be punished by confinement or fine exceeding the following:
(a) For a class B felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine; or
(b) For a class C felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.
(2) This section applies to only those crimes committed on or after the effective date of this act.
Sec. 15. RCW 9A.20.021 and 1982 c 192 s 10 are each amended to read as follows:
(1) Felony. Except when section 14 of this act applies, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed on or after July 1, 1984.
Sec. 16. RCW 70.74.285 and 1997 c 120 s 4 are each amended to read as follows:
For the purposes of RCW 70.74.270, 70.74.272, and 70.74.280 "terrorist act" means an act ((that is intended to: (1) Intimidate or coerce a civilian population; (2) influence the policy of a branch or level of government by intimidation or coercion; (3) affect the conduct of a branch or level of government by intimidation or coercion; or (4) retaliate against a branch or level of government for a policy or conduct of the government)) committed with the intent to significantly disrupt the general civilian population or the conduct of government by committing an act which: (1) Manifests an extreme indifference to human life; or (2) causes or is intended to cause permanent or protracted loss of use of private or public property.
Sec. 17. RCW 9A.82.010 and 2001 c 222 s 3 and 2001 c 217 s 11 are each reenacted and 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;
(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; or
(kk) Any felony or any anticipatory crime whose object is a felony, committed with terrorist intent, whether or not committed for financial gain.
(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) "Terrorist intent" means "terrorist intent" as defined in section 2 of this act or RCW 70.74.285 and for which a special allegation of terrorist intent has been proven under section 12 of this act.
(18) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.
(((18))) (19) "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))) (20) "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))) (21)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee under (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))) (22) "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. 18. RCW 9A.82.090 and 2001 c 222 s 13 are each amended to read as follows:
During the pendency of any criminal case charging a violation of RCW 9A.82.060 or a violation of RCW 9A.82.080, or any offense committed with terrorist intent whether or not committed for financial gain, the superior court may, in addition to its other powers, issue an order pursuant to RCW 9A.82.100 (2) or (3). Upon conviction of a person for a violation of RCW 9A.82.060 or a violation of RCW 9A.82.080, or any offense committed with terrorist intent whether or not committed for financial gain, the superior court may, in addition to its other powers of disposition, issue an order pursuant to RCW 9A.82.100.
Sec. 19. RCW 9A.82.100 and 2001 c 222 s 14 are each amended to read as follows:
(1)(a) A person who sustains injury to his or her person, business, or property by an act of criminal profiteering that is part of a pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, or by a violation of RCW 9A.82.060 or 9A.82.080 may file an action in superior court for the recovery of damages and the costs of the suit, including reasonable investigative and attorney's fees.
(b) The attorney general or county prosecuting attorney may file an action: (i) On behalf of those persons injured or, respectively, on behalf of the state or county if the entity has sustained damages, or (ii) to prevent, restrain, or remedy a pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080.
(c) An action for damages filed by or on behalf of an injured person, the state, or the county shall be for the recovery of damages and the costs of the suit, including reasonable investigative and attorney's fees.
(d) In an action filed to prevent, restrain, or remedy a pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080, the court, upon proof of the violation, may impose a civil penalty not exceeding two hundred fifty thousand dollars, in addition to awarding the cost of the suit, including reasonable investigative and attorney's fees.
(2) The superior court has jurisdiction to prevent, restrain, and remedy a pattern of criminal profiteering, or any offense committed with terrorist intent whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080 after making provision for the rights of all innocent persons affected by the violation and after hearing or trial, as appropriate, by issuing appropriate orders.
(3) Prior to a determination of liability, orders issued under subsection (2) of this section may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture, or other restraints pursuant to this section as the court deems proper. The orders may also include attachment, receivership, or injunctive relief in regard to personal or real property pursuant to Title 7 RCW. In shaping the reach or scope of receivership, attachment, or injunctive relief, the superior court shall provide for the protection of bona fide interests in property, including community property, of persons who were not involved in the violation of this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to forfeiture under RCW 9A.82.100(4)(f).
(4) Following a determination of liability, orders may include, but are not limited to:
(a) Ordering any person to divest himself or herself of any interest, direct or indirect, in any enterprise.
(b) Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the Constitutions of the United States and this state permit.
(c) Ordering dissolution or reorganization of any enterprise.
(d) Ordering the payment of actual damages sustained to those persons injured by a violation of RCW 9A.82.060 or 9A.82.080, or any offense committed with terrorist intent whether or not committed for financial gain, or an act of criminal profiteering that is part of a pattern of criminal profiteering, and in the court's discretion, increasing the payment to an amount not exceeding three times the actual damages sustained.
(e) Ordering the payment of all costs and expenses of the prosecution and investigation of a pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080, civil and criminal, incurred by the state or county, including any costs of defense provided at public expense, as appropriate to the state general fund or the antiprofiteering revolving fund of the county.
(f) Ordering forfeiture first as restitution to any person damaged by an act of criminal profiteering, or any offense committed with terrorist intent whether or not committed for financial gain, that is part of a pattern of criminal profiteering then to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the extent not already ordered to be paid in other damages, of the following:
(i) Any property or other interest acquired or maintained in violation of RCW 9A.82.060 or 9A.82.080 to the extent of the investment of funds, and any appreciation or income attributable to the investment, from a violation of RCW 9A.82.060 or 9A.82.080.
(ii) Any property, contractual right, or claim against property used to influence any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080.
(iii) All proceeds traceable to or derived from an offense included in the pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate commission of the offense.
(g) Ordering payment to the state general fund or antiprofiteering revolving fund of the county, as appropriate, of an amount equal to the gain a person has acquired or maintained through an offense included in the definition of criminal profiteering.
(5) In addition to or in lieu of an action under this section, the attorney general or county prosecuting attorney may file an action for forfeiture to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the extent not already ordered paid pursuant to this section, of the following:
(a) Any interest acquired or maintained by a person in violation of RCW 9A.82.060 or 9A.82.080 to the extent of the investment of funds obtained from a violation of RCW 9A.82.060 or 9A.82.080 and any appreciation or income attributable to the investment.
(b) Any property, contractual right, or claim against property used to influence any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080.
(c) All proceeds traceable to or derived from an offense included in the pattern of criminal profiteering activity, or any offense committed with terrorist intent whether or not committed for financial gain, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate the commission of the offense.
(6) A defendant convicted in any criminal proceeding is precluded in any civil proceeding from denying the essential allegations of the criminal offense proven in the criminal trial in which the defendant was convicted. For the purposes of this subsection, a conviction shall be deemed to have occurred upon a verdict, finding, or plea of guilty, notwithstanding the fact that appellate review of the conviction and sentence has been or may be sought. If a subsequent reversal of the conviction occurs, any judgment that was based upon that conviction may be reopened upon motion of the defendant.
(7) The initiation of civil proceedings under this section shall be commenced within three years after discovery of the pattern of criminal profiteering activity or after the pattern should reasonably have been discovered, or in the case of any offense committed with terrorist intent, within three years after final disposition of any criminal charges relating to the offense, whichever is later.
(8) The attorney general or county prosecuting attorney may, in a civil action brought pursuant to this section, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the presiding chief judge of the superior court in which the action is pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign the action for hearing, participate in the hearings and determination, and cause the action to be expedited.
(9) The standard of proof in actions brought pursuant to this section is the preponderance of the evidence test.
(10) A person other than the attorney general or county prosecuting attorney who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. The notice shall identify the action, the person, and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under this section or intervene in a pending action nor does it authorize the person to name the state or the attorney general as a party to the action.
(11) Except in cases filed by a county prosecuting attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general's opinion the action is of special public importance. Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.
(12) In addition to the attorney general's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting RCW 9A.82.010, 9A.82.080, 9A.82.090, 9A.82.110, or 9A.82.120, or this section.
(13) A private civil action under this section does not limit any other civil or criminal action under this chapter or any other provision. Private civil remedies provided under this section are supplemental and not mutually exclusive.
(14) Upon motion by the defendant, the court may authorize the sale or transfer of assets subject to an order or lien authorized by this chapter for the purpose of paying actual attorney's fees and costs of defense. The motion shall specify the assets for which sale or transfer is sought and shall be accompanied by the defendant's sworn statement that the defendant has no other assets available for such purposes. No order authorizing such sale or transfer may be entered unless the court finds that the assets involved are not subject to possible forfeiture under RCW 9A.82.100(4)(f). Prior to disposition of the motion, the court shall notify the state of the assets sought to be sold or transferred and shall hear argument on the issue of whether the assets are subject to forfeiture under RCW 9A.82.100(4)(f). Such a motion may be made from time to time and shall be heard by the court on an expedited basis.
(15) In an action brought under subsection (1)(a) and (b)(i) of this section, either party has the right to a jury trial.
Sec. 20. RCW 9A.82.120 and 2001 c 222 s 16 are each amended to read as follows:
(1) The state, upon filing a criminal action under RCW 9A.82.060 or 9A.82.080, or alleging any offense committed with terrorist intent whether or not committed for financial gain, or a civil action under RCW 9A.82.100, may file in accordance with this section a criminal profiteering lien. A filing fee or other charge is not required for filing a criminal profiteering lien.
(2) A criminal profiteering lien shall be signed by the attorney general or the county prosecuting attorney representing the state in the action and shall set forth the following information:
(a) The name of the defendant whose property or other interests are to be subject to the lien;
(b) In the discretion of the attorney general or county prosecuting attorney filing the lien, any aliases or fictitious names of the defendant named in the lien;
(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal place of business of the person named in the lien;
(d) A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court's file number for the proceeding;
(e) The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed;
(f) A statement that the notice is being filed pursuant to this section;
(g) The amount that the state claims in the action or, with respect to property or other interests that the state has requested forfeiture to the state or county, a description of the property or interests sought to be paid or forfeited;
(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property that is subject to forfeiture to the state or property in which the defendant has an interest that is available to satisfy a judgment entered in favor of the state; and
(i) Such other information as the attorney general or county prosecuting attorney filing the lien deems appropriate.
(3) The attorney general or the county prosecuting attorney filing the lien may amend a lien filed under this section at any time by filing an amended criminal profiteering lien in accordance with this section that identifies the prior lien amended.
(4) The attorney general or the county prosecuting attorney filing the lien shall, as soon as practical after filing a criminal profiteering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a criminal profiteering lien filed in accordance with this section.
(5)(a) A criminal profiteering lien is perfected against interests in personal property in the same manner as a security interest in like property pursuant to RCW 62A.9-302, 62A.9-303, 62A.9-304, 62A.9-305, and 62A.9-306 or as otherwise required to perfect a security interest in like property under applicable law. In the case of perfection by filing, the state shall file, in lieu of a financing statement in the form prescribed by RCW 62A.9-402, a notice of lien in substantially the following form:
NOTICE OF LIEN
Pursuant to RCW 9A.82.120, the state of Washington claims a criminal profiteering lien on all real and personal property of:
Name: . . . . . . . . . . .
Address . . . . . . . . . . .
. . . . . . . . . . .
State of Washington
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By (authorized signature)
On receipt of such a notice from the state, a filing officer shall, without payment of filing fee, file and index the notice as if it were a financing statement naming the state as secured party and the defendant as debtor.
(b) A criminal profiteering lien is perfected against interests in real property by filing the lien in the office where a mortgage on the real estate would be filed or recorded. The filing officer shall file and index the criminal profiteering lien, without payment of a filing fee, in the same manner as a mortgage.
(6) The filing of a criminal profiteering lien in accordance with this section creates a lien in favor of the state in:
(a) Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained, or thereafter acquired in the name of the defendant identified in the lien;
(b) Any interest of the defendant, in personal property situated in this state, then maintained or thereafter acquired in the name of the defendant identified in the lien; and
(c) Any property identified in the lien to the extent of the defendant's interest therein.
(7) The lien created in favor of the state in accordance with this section, when filed or otherwise perfected as provided in subsection (5) of this section, has, with respect to any of the property described in subsection (6) of this section, the same priority determined pursuant to the laws of this state as a mortgage or security interest given for value (but not a purchase money security interest) and perfected in the same manner with respect to such property; except that any lien perfected pursuant to Title 60 RCW by any person who, in the ordinary course of his business, furnishes labor, services, or materials, or rents, leases, or otherwise supplies equipment, without knowledge of the criminal profiteering lien, is superior to the criminal profiteering lien.
(8) Upon entry of judgment in favor of the state, the state may proceed to execute thereon as in the case of any other judgment, except that in order to preserve the state's lien priority as provided in this section the state shall, in addition to such other notice as is required by law, give at least thirty days' notice of the execution to any person possessing at the time the notice is given, an interest recorded subsequent to the date the state's lien was perfected.
(9) Upon the entry of a final judgment in favor of the state providing for forfeiture of property to the state, the title of the state to the property:
(a) In the case of real property or a beneficial interest in real property, relates back to the date of filing the criminal profiteering lien or, if no criminal profiteering lien is filed, then to the date of recording of the final judgment or the abstract thereof; or
(b) In the case of personal property or a beneficial interest in personal property, relates back to the date the personal property was seized by the state, or the date of filing of a criminal profiteering lien in accordance with this section, whichever is earlier, but if the property was not seized and no criminal profiteering lien was filed then to the date the final judgment was filed with the department of licensing and, if the personal property is an aircraft, with the federal aviation administration.
(10) This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under RCW 9A.82.100 or appropriate to protect the interests of the state or available under other applicable law.
(11) In a civil or criminal action under this chapter, the superior court shall provide for the protection of bona fide interests in property, including community property, subject to liens of persons who were not involved in the violation of this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to forfeiture pursuant to RCW 9A.82.100(4)(f).
NEW SECTION. Sec. 21. Sections 2, 3, 10, and 11 of this act constitute a new chapter in Title 9A RCW."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline, Zarelli and Johnson to Substitute Senate Bill No. 6704.
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 "terrorism;" strike the remainder of the title and insert "amending RCW 9.94A.535, 10.95.040, 9A.04.080, 9A.20.021, 70.74.285, 9A.82.090, 9A.82.100, and 9A.82.120; reenacting and amending RCW 9.94A.030, 9.94A.515, and 9A.82.010; adding new sections to chapter 10.95 RCW; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 9A.20 RCW; adding a new chapter to Title 9A RCW; creating a new section; and prescribing penalties."
On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 6704 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. 6704.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6704 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.
Voting nay: Senators Fairley, Gardner, Hochstatter, Kohl-Welles, Prentice, Regala and Thibaudeau - 7.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6704, 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. 6458, by Senators Long and Costa
Revising provisions relating to jury fees.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 6458 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. 6458.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6458 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 6458, 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. 6496, by Senators Kohl-Welles, Kline, McCaslin and Winsley
Regulating vehicular pursuit.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 6496 was substituted for Senate Bill No. 6496 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6496 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. 6496.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6496 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senators Hargrove and Horn - 2.
SUBSTITUTE SENATE BILL NO. 6496, 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. 6735, by Senators Rasmussen, Prentice, Benton, Keiser, Hochstatter, Honeyford, Winsley, Gardner and Regala
Providing for direct deposit of unemployment compensation benefits.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 6735 was substituted for Senate Bill No. 6735 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. 6735 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6735.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6735 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Hochstatter - 1.
SUBSTITUTE SENATE BILL NO. 6735, 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 Second Substitute Senate Bill No. 6034, deferred on second reading February 15, 2002, after an amendment on page 5, line 19, was ruled out of order.
MOTION
Senator West moved that the following amendment by Senators West, Tim Sheldon and Finkbeiner be adopted:
On page 5, line 11, after "RCW 82.14B.030(2)", insert "or to any unit of local government where a moratorium on the siting of cellular towers that provide emergency communications services is being imposed by that government."
Debate ensued.
Senator Costa demanded a roll call and the demand was sustained.
President Pro Tempore Franklin assumed the Chair.
Further debate ensued.
POINT OF INQUIRY
Senator Poulsen: “Senator West, could you clarify something for me? Is it the case that any city within a county has a moratorium in place to get their cell phone, their cell tower policies in place that would prohibit the county, which it resides, from receiving 911 money?”
Senator West: “The answer to your question is ‘no.’ If the city imposes a moratorium, it does not affect the counties ability to levy this tax or to collect this tax. So, the amendment was drafted in Ways and Means and it was misdrafted. The amendment was corrected, where it says, ‘or to a unit of local government where a moratorium on the siting of cellular towers provide emergency services is being imposed by that government.--is being imposed by that government.’ The only government–the only two units of government–there is only one unit of local government that can impose this tax. That is the county. The cities are not authorized to impose this tax, so it doesn’t affect your cities. It only affects the thirty-nine counties in the state. Yes, most of them–they have all lifted their moratoriums, but they can put them back in place. You know what? We can say that they are never going to, but they may. It doesn’t prevent them from putting them back in place. It just says that if you can put it in place, there is a financial risk to you to put it into place too long.”
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators West, Tim Sheldon and Finkbeiner on page 5, line 11, to Second Substitute Senate Bill No. 6034.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25..
Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 24.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6034 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6034.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6034 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6034, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 5:17 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 6:30 p.m.
The Senate was called to order at 6:34 p.m. by President Owen.
MOTIONS
On motion of Senator Eide, Senator Jacobsen was excused.
On motion of Senator Hewitt, Senators McCaslin and Morton were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9221, Phyllis S. Self, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.
APPOINTMENT OF PHYLLIS S. SELF
The Secretary called the roll and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Absent: Senators Brown and Haugen - 2.
Excused: Senators Jacobsen, McCaslin and Morton - 3.
MOTION
On motion of Senator Eide, Senator Haugen was excused.
SECOND READING
SENATE BILL NO. 6624, by Senators Keiser, Morton, Fraser and Hale (by request of Department of Ecology)
Modifying well construction provisions.
The bill was read the second time.
MOTION
On motion of Senator Keiser, the rules were suspended, Senate Bill No. 6624 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. 6624.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6624 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Haugen, Jacobsen, McCaslin and Morton - 4.
SENATE BILL NO. 6624, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Honeyford, Senator Swecker was excused.
SECOND READING
SENATE BILL NO. 6760, by Senators Fraser, Kline and Regala
Concerning private owners of public water systems that are not regulated as public utilities.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 6760 was substituted for Senate Bill No. 6760 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. 6760 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Tim Sheldon: “Senator Fraser, I am just looking through the bill real quickly and one concern comes to mind. Many systems are mutual systems in our state. In other words, there is the home owner’s community group where they are governed by a board of directors often and have a manager. Actually, I am a manager of one of those systems. Does this effect people that have mutual systems that are also small under , say, under ninety-nine customers?”
Senator Fraser: “We did not discuss that specific question. My guess is that it probably doesn’t. The target for this bill is ‘privately owned.’ So, if upon a closer reading, it turns out that it would inadvertently affect those, I would certainly be open to amending the bill.”
Senator Tim Sheldon: “Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6760.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6760 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 22; Absent, 1; Excused, 4.
Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 22.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West, Winsley and Zarelli - 22.
Absent: Senator Hargrove - 1.
Excused: Senators Haugen, McCaslin, Morton and Swecker - 4.
SUBSTITUTE SENATE BILL NO. 6760, having failed to receive the constitutional majority, was declared lost.
MOTION
On motion of Senator Betti Sheldon, Senator Hargrove was excused.
SECOND READING
SENATE BILL NO. 6372, by Senators Fraser and Winsley (by request of Department of Personnel)
Creating the combined fund drive account.
The bill was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Senate Bill No. 6372 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. 6372.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6372 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Hargrove, Haugen, McCaslin, Morton and Swecker - 5.
SENATE BILL NO. 6372, 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, Senators Brown, Jacobsen and Snyder were excused.
SECOND READING
SENATE BILL NO. 6534, by Senators Haugen, Horn, McAuliffe, Winsley, Hale, Rasmussen and Kohl-Welles
Creating a law enforcement memorial.
MOTIONS
On motion of Senator Gardner, Substitute Senate Bill No. 6534 was substituted for Senate Bill No. 6534 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. 6534 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. 6534.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6534 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 40.
Voting nay: Senator Regala - 1.
Excused: Senators Brown, Hargrove, Haugen, Jacobsen, McCaslin, Morton, Snyder and Swecker - 8.
SUBSTITUTE SENATE BILL NO. 6534, 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. 6449, by Senator Kastama
Allowing entrance and exit fees under limited circumstances.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 6449 was substituted for Senate Bill No. 6449 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the following striking amendment by Senators Kastama, Prentice and Winsley was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 59.20.060 and 1999 c 359 s 5 are each amended to read as follows:
(1) Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain:
(a) The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant;
(b) Reasonable rules for guest parking which shall be clearly stated;
(c) The rules and regulations of the park;
(d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent;
(e) The name and address of any party who has a secured interest in the mobile home, manufactured home, or park model;
(f) A forwarding address of the tenant or the name and address of a person who would likely know the whereabouts of the tenant in the event of an emergency or an abandonment of the mobile home, manufactured home, or park model;
(g)(i) A covenant by the landlord that, except for acts or events beyond the control of the landlord, the mobile home park will not be converted to a land use that will prevent the space that is the subject of the lease from continuing to be used for its intended use for a period of three years after the beginning of the term of the rental agreement;
(ii) A rental agreement may, in the alternative, contain a statement that the park may be sold or otherwise transferred at any time with the result that subsequent owners may close the mobile home park, or that the landlord may close the park at any time after the required notice. The covenant or statement required by this subsection must appear in print that is larger than the other text of the lease and must be set off by means of a box, blank space, or comparable visual device;
The requirements of this subsection shall apply to tenancies initiated after April 28, 1989.
(h) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a rental agreement;
(i) A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged;
(j) A description of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of the tenant's space in relation to other tenants' spaces;
(k) A statement of the current zoning of the land on which the mobile home park is located; and
(l) A statement of the expiration date of any conditional use, temporary use, or other land use permit subject to a fixed expiration date that is necessary for the continued use of the land as a mobile home park.
(2) Any rental agreement executed between the landlord and tenant shall not contain any provision:
(a) Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement;
(b) Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of the vehicle;
(c) Which allows the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than one year, or (ii) more frequently than annually if the term is for one year or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or by a formula specified in such agreement;
(d) By which the tenant agrees to waive or forego rights or remedies under this chapter;
(e) Allowing the landlord to charge an "entrance fee" or an "exit fee." However, an entrance fee may be charged as part of a continuing care contract as defined in RCW 70.38.025;
(f) Which allows the landlord to charge a fee for guests: PROVIDED, That a landlord may establish rules charging for guests who remain on the premises for more than fifteen days in any sixty-day period;
(g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or
(h) By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator."
MOTIONS
On motion of Senator Winsley, the following title amendment was adopted;
On page 1, line 2 of the title, after "circumstances;" strike the remainder of the title and insert "and amending RCW 59.20.060."
On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 6449 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. 6449.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6449 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Brown, Hargrove, McCaslin and Snyder - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6449, 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. 6523, by Senators McAuliffe, Prentice, Finkbeiner, Johnson, Shin and Rasmussen
Requiring a physician's medication or treatment order as a condition for children with life-threatening conditions to attend public school.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 6523 was substituted for Senate Bill No. 6523 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. 6523 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. 6523.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6523 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Brown, McCaslin and Snyder - 3.
SUBSTITUTE SENATE BILL NO. 6523, 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. 6660, by Senators Prentice, Long, Kastama, Rossi, McAuliffe, McDonald, Costa, Hale, Keiser, Gardner, Oke and Rasmussen
Protecting personal information about law enforcement officers and their families.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6660 was substituted for Senate Bill No. 6660 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. 6660 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. 6660.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6660 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Brown, McCaslin and Snyder - 3.
SUBSTITUTE SENATE BILL NO. 6660, 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. 5134, by Senators Kastama, Winsley and Regala
Modifying provisions of the mobile home landlord-tenant act.
MOTIONS
On motion of Senator Kastama, Second Substitute Senate Bill No. 5134 was substituted for Senate Bill No. 5134 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Kastama, the following amendment by Senators Kastama, Prentice and Winsley was adopted:
On page 5, line 16, after "meet" strike all material through "withdrawn." on line 22, and insert "applicable fire and safety standards, if prior to the tenant's written notification of intent to transfer the rental agreement pursuant to RCW 59.20.073(2), a state or local agency responsible for the enforcement of fire and safety standards has issued a notice of violation of those standards to the tenant and those violations remain uncorrected. Upon correction of the violation to the satisfaction of the state or local agency responsible for the enforcement of that notice of violation, the landlord's refusal to permit the transfer is deemed withdrawn."
MOTION
On motion of Senator Kastama, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5134 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. 5134.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5134 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Brown, McCaslin and Snyder - 3.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5134, 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 TO ADJOURN
At 7:21 p.m., Senator West moved that the Senate adjourn until 8:00 a.m. tomorrow morning.
Senator Hargrove demanded a roll call and the demand was sustained.
WITHDRAWAL OF MOTION
There being no objection, Senator West withdrew the motion to adjourn.
SECOND READING
SENATE BILL NO. 6726, by Senators Rasmussen and Honeyford
Protecting dairy farmers from unwarranted complaints.
The bill was read the second time.
MOTION
Senator Rasmussen moved that the following striking amendment by Senators Rasmussen, Honeyford and Swecker be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.64.030 and 1998 c 262 s 11 are each amended to read as follows:
(1) Under the inspection program established in RCW 90.64.023, the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.
(2) The department shall investigate a written complaint filed with the department within three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. Within twenty days of receiving a written complaint, a copy of the findings shall be provided to the dairy producer subject to the complaint ((within twenty days)), and to the complainant if the person gave his or her name and address to the department at the time the complaint was filed.
(3) The department may consider past complaints against the same dairy farm from the same person and the results of its previous inspections, and has the discretion to decide whether to conduct an inspection if:
(a) The same or a similar complaint or complaints have been filed against the same dairy farm within the immediately preceding six-month period; and
(b) The department made a determination that the activity that was the subject of the prior complaint was not a violation.
(4) If the decision of the department is not to conduct an inspection, it shall document the decision and the reasons for the decision within twenty days. The department shall provide the decision to the complainant if the name and address were provided to the department, and to the dairy producer subject to the complaint, and the department shall place the decision in the department's administrative records.
(5) The report of findings of any inspection conducted as the result of either an oral or a written complaint shall be placed in the department's administrative records. Only findings of violations shall be entered into the data base identified in RCW 90.64.130.
(((3))) (6) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.
(((4))) (7) If the department determines that an unresolved water quality problem from a dairy farm requires immediate corrective action, the department shall notify the producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.
(((5))) (8) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
(((6))) (9) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW 90.64.010(18). In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.
(((7))) (10) As provided under RCW 7.48.305, agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.
(((8))) (11) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.
(((9))) (12) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as required in RCW 90.64.017 shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rasmussen, Honeyford and Swecker to Senate Bill No. 6726.
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 "farms;" strike the remainder of the title and insert "and amending RCW 90.64.030."
On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 6726 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6726.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6726 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 6726, 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, Senators Kline and Thibaudeau were excused.
SECOND READING
SENATE BILL NO. 6641, by Senators McAuliffe and Thibaudeau
Accommodating children with diabetes in schools.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 6641 was substituted for Senate Bill No. 6641 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McAuliffe, the following amendments by Senators McAuliffe and Finkbeiner were considered simultaneously and were adopted:
On page 2, line 32, after "2002." insert "The guidelines shall be updated every two years by the Washington state nursing commission."
On page 3, beginning on line 18, after "subsection." strike all material through "diabetes." on line 22, and insert "Training for the school diabetes attendant shall take place before the commencement of each school year."
On page 3, line 31, after "(7)" insert "The school diabetes attendant shall work in cooperation with the school nurse if a school nurse is available.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 6641 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. 6641.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6641 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.
Voting nay: Senators Costa and Franklin - 2.
Excused: Senators Kline, McCaslin and Thibaudeau - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6641, 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. 6721, by Senators West, Brown, Snyder and Kohl-Welles (by request of University of Washington)
Authorizing the University of Washington and Washington State University to make financing arrangements for research facilities.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6721 was substituted for Senate Bill No. 6721 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6721 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. 6721.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6721 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Voting nay: Senators Fairley, Long and Stevens - 3.
Excused: Senator McCaslin - 1.
SUBSTITUTE SENATE BILL NO. 6721, 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. 6630, by Senators Prentice, Honeyford, Rasmussen and Sheahan
Providing for certification as a master electrician.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following striking amendment by Senators Prentice, Keiser, Honeyford and Hochstatter was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.28.006 and 2001 c 211 s 1 are each amended to read as follows:
The definitions in this section apply throughout this subchapter.
(1) "Administrator" means a person designated by an electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.
(2) "Board" means the electrical board under RCW 19.28.311.
(3) "Chapter" or "subchapter" means the subchapter, if no chapter number is referenced.
(4) "Department" means the department of labor and industries.
(5) "Director" means the director of the department or the director's designee.
(6) "Electrical construction trade" includes but is not limited to installing or maintaining electrical wires and equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited, or communication circuits or systems.
(7) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake, undertakes, submits a bid for, or does the work of installing or maintaining wires or equipment that convey electrical current.
(8) "Equipment" means any equipment or apparatus that directly uses, conducts, or is operated by electricity but does not mean plug-in ((household)) appliances or equipment as determined by the department by rule.
(9) "Industrial control panel" means a factory-wired or user-wired assembly of industrial control equipment such as motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices. The panel may include disconnect means and motor branch circuit protective devices.
(10) "Journeyman electrician" means a person who has been issued a journeyman electrician certificate of competency by the department.
(11) "Master electrician" means either a master journeyman electrician or master specialty electrician.
(12) "Master journeyman electrician" means a person who has been issued a master journeyman electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.
(13) "Master specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.
(14) "Specialty electrician" means a person who has been issued a specialty electrician certificate of competency by the department.
Sec. 2. RCW 19.28.041 and 2001 c 211 s 3 are each amended to read as follows:
(1) It is unlawful for any person, firm, partnership, corporation, or other entity to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the electrical industry, without having an unrevoked, unsuspended, and unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor licenses expire twenty-four calendar months following the day of their issue. The department may issue an electrical contractors license for a period of less than twenty-four months only for the purpose of equalizing the number of electrical contractor licenses that expire each month. Application for an electrical contractor license shall be made in writing to the department, accompanied by the required fee. The application shall state:
(a) The name and address of the applicant; in case of firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the names of the managing officials thereof;
(b) The location of the place of business of the applicant and the name under which the business is conducted;
(c) Employer social security number;
(d) Evidence of workers' compensation coverage for the applicant's employees working in Washington, as follows:
(i) The applicant's industrial insurance account number issued by the department;
(ii) The applicant's self-insurer number issued by the department; or
(iii) For applicants domiciled in a state or province of Canada subject to an agreement entered into under RCW 51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the payment of compensation under the other state's or province's workers' compensation law;
(e) Employment security department number;
(f) State excise tax registration number;
(g) Unified business identifier (UBI) account number may be substituted for the information required by (d) of this subsection if the applicant will not employ employees in Washington, and by (e) and (f) of this subsection; and
(h) Whether a general or specialty electrical contractor license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to: Residential, ((domestic appliances,)) pump and irrigation, limited energy system, signs, nonresidential maintenance, and a combination specialty. A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington. A specialty electrical contractor license shall grant to the holder a limited right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current in the state of Washington as expressly allowed by the license.
(2) The department may verify the workers' compensation coverage information provided by the applicant under subsection (1)(d) of this section, including but not limited to information regarding the coverage of an individual employee of the applicant. If coverage is provided under the laws of another state, the department may notify the other state that the applicant is employing employees in Washington.
(3) The application for ((a)) an electrical contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to the principal until a new bond has been filed and approved as provided in this section. Upon approval of a bond, the department shall on the next business day deposit the fee accompanying the application in the electrical license fund and shall file the bond in the office. The department shall upon request furnish to any person, firm, partnership, corporation, or other entity a certified copy of the bond upon the payment of a fee that the department shall set by rule. The fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this chapter and with any electrical ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3) that is in effect at the time of entering into a contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be sustained by any person, firm, partnership, corporation, or other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any applicable ordinance, building code, or regulation of a city or town adopted pursuant to RCW 19.28.010(3). In lieu of the surety bond required by this section the license applicant may file with the department a cash deposit or other negotiable security acceptable to the department. If the license applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings account in a commercial bank, mutual savings bank, or savings and loan association and shall pay annually to the depositor the interest derived from the account.
(4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the requirements of this chapter. The provisions of this chapter relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond with the state of Washington named as obligee therein and the collection of a fee therefor, are exclusive, and no political subdivision of the state of Washington may require or issue any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or other entity holding more than one specialty contractor license under this chapter may be required to pay an annual fee for more than one such license or to post more than one four thousand dollar bond, equivalent cash deposit, or other negotiable security.
(5) To obtain a general or specialty electrical contractor license the applicant must designate an individual who currently possesses ((an)) a valid master journeyman electrician's certificate of competency, valid master specialty electrician's certificate of competency in the specialty for which application has been made, valid administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application has been made.
(6) Administrator certificate specialties include but are not limited to: Residential, ((domestic, appliance,)) pump and irrigation, limited energy system, signs, nonresidential maintenance, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW 19.28.051 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any time during 1974 are entitled to receive a general electrical contractor administrator's certificate without examination if the applicants apply prior to January 1, 1984. The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a general or specialty electrical contractor administrator's certificate.
Sec. 3. RCW 19.28.051 and 2001 c 211 s 4 are each amended to read as follows:
It shall be the purpose and function of the board to establish, in addition to a general electrical contractors' license, such classifications of specialty electrical contractors' licenses as it deems appropriate with regard to individual sections pertaining to state adopted codes in this chapter. In addition, it shall be the purpose and function of the board to establish and administer written examinations for general electrical administrators' certificates and the various specialty electrical administrators' certificates. Examinations shall be designed to reasonably ((insure)) ensure that general and specialty electrical administrators' certificate holders are competent to engage in and supervise the work covered by this statute and their respective licenses. The examinations shall include questions from the following categories to assure proper safety and protection for the general public: (1) Safety, (2) state electrical code, and (3) electrical theory. The department with the consent of the board shall be permitted to enter into a contract with a professional testing agency to develop, administer, and score these examinations. A person may take the administrator's examination as many times as necessary without limit. The fee for the examination may be set by the department in its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the costs of preparing and administering the examination. It shall be the further purpose and function of this board to advise the director as to the need of additional electrical inspectors and compliance officers to be utilized by the director on either a full-time or part-time employment basis and to carry out the duties enumerated in RCW 19.28.161 through 19.28.271 as well as generally advise the department on all matters relative to RCW 19.28.161 through 19.28.271.
Sec. 4. RCW 19.28.061 and 1996 c 241 s 3 are each amended to read as follows:
(1) Each applicant for an electrical contractor's license, other than an individual, shall designate a supervisory employee or member of the firm to take the required master electrician's or administrator's examination. Effective July 1, 1987, a supervisory employee designated as the electrical contractor's master electrician or administrator shall be a full-time supervisory employee. This person shall be designated as master electrician or administrator under the license. No person may concurrently qualify as master electrician or administrator for more than one contractor. If the relationship of the master electrician or administrator with the electrical contractor is terminated, the contractor's license is void within ninety days unless another master electrician or administrator is qualified by the board. However, if the master electrician or administrator dies or is otherwise incapacitated, the contractor's license is void within one hundred eighty days unless another master electrician or administrator is qualified by the board. ((A certificate issued under this section is valid for two years from the nearest birthdate of the administrator, unless revoked or suspended, and further is nontransferable.)) The contractor must notify the department in writing within ten days if the master electrician's or administrator's relationship with the contractor terminates due to the master electrician's or administrator's death or incapacitation.
(2) The department must issue an administrator's certificate to all applicants who have passed the examination provided in RCW 19.28.051 and this section, and who have complied with the rules adopted under this chapter. The administrator's certificate must bear the date of issuance, expires on the holder's birthday, and is nontransferable. The certificate must be renewed every three years, upon application, on or before the holder's birthday.
(a) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed by appropriate application without examination unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.
(b) The contents and requirements for satisfactory completion of the continuing education course must be determined by the director and approved by the board.
(c) The department must accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate.
(3) A fee must be assessed for each administrator's certificate and for each renewal. An individual holding more than one administrator's certificate under this chapter is not required to pay fees for more than one certificate. If the certificate is not renewed before the expiration date, the individual must pay twice the usual fee. The department must set the fees by rule for issuance and renewal of a certificate. The fees must cover, but not exceed, the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.
(4) The department may deny an application for an administrator's certificate for up to two years if the applicant's previous administrator's certificate has been revoked for a serious violation and all appeals concerning the revocation have been exhausted. For the purposes of this section only, a serious violation is a violation that presents imminent danger to the public. ((The certificate may be renewed for a two-year period without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date. If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. An individual holding more than one administrator's certificate under this chapter shall not be required to pay annual fees for more than one certificate. A person may take the administrator's test as many times as necessary without limit.
(2))) (5) The designated master electrician or administrator shall:
(a) Be a member of the firm or a supervisory employee and shall be available during working hours to carry out the duties of an administrator under this section;
(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;
(c) Ensure that the proper electrical safety procedures are used;
(d) Ensure that all electrical labels, permits, and licenses required to perform electrical work are used;
(e) See that corrective notices issued by an inspecting authority are complied with; and
(f) Notify the department in writing within ten days if the master electrician or administrator terminates the relationship with the electrical contractor.
(((3))) (6) The department shall not by rule change the administrator's duties under subsection (((2))) (5) of this section.
Sec. 5. RCW 19.28.161 and 1997 c 309 s 1 are each amended to read as follows:
(1) No person may engage in the electrical construction trade without having a ((current)) valid master journeyman electrician certificate of competency, journeyman electrician certificate of competency, master specialty electrician certificate of competency, or a current specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, ((domestic appliances,)) pump and irrigation, limited energy system, signs, and nonresidential maintenance.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified master journeyman electrician, journeyman electrician, master specialty electrician in that electrician's specialty, or a certified specialty electrician in that electrician's specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or a specialty electrician working in ((his or her)) that electrician's specialty. The holder of the electrical training certificate shall renew the certificate ((annually)) biennially. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer. ((An annual)) A biennial fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work. They shall show their certificates to an authorized representative of the department at the representative's request.
(3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a certified master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or ((an appropriate)) a specialty electrician ((who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate specialty electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter)) working in that electrician's specialty.
(4) The ratio of noncertified individuals to certified master journeymen electricians, journeymen electricians, master specialty electricians, or specialty electricians ((working)) on ((a)) any one job site ((shall be)) is as follows:
(a) When working as a specialty electrician, not more than two noncertified individuals ((working on any one job site)) for every certified master specialty electrician working in that electrician's specialty, specialty electrician working in that electrician's specialty, master journeyman electrician, or journeyman electrician ((working as a specialty electrician)), except that the ratio requirements are one certified master specialty electrician working in that electrician's specialty, certified specialty electrician working in that electrician's specialty, certified master journeyman electrician, or certified journeyman electrician working as a specialty electrician to no more than four students enrolled in and working as part of an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited trade or technical schools licensed by the work force training and education coordinating board under chapter 28C.10 RCW. In meeting the ratio requirements for students enrolled in an electrical construction program at a trade school, a trade school may receive input and advice from the electrical board; and
(b) When working as a journeyman electrician, not more than one noncertified individual ((working on any one job site)) for every certified master journeyman electrician or certified journeyman electrician, except that the ratio requirements shall be one certified master journeyman electrician or certified journeyman electrician to no more than four students enrolled in and working as part of an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited trade or technical schools licensed by the work force training and education coordinating board under chapter 28C.10 RCW. In meeting the ratio requirements for students enrolled in an electrical construction program at a trade school, a trade school may receive input and advice from the electrical board.
An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in an electrical construction program at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.
(5) For the residential (as specified in WAC 296-46A-930(2)(a)), pump and irrigation (as specified in WAC 296-46A-930(2)(b)(i)), sign (as specified in WAC 296-46A-930(2)(c)), limited energy (as specified in WAC 296-46A-930(2)(e)(i)), or nonresidential maintenance (as specified in WAC 296-46A-930(2)(f)(i)) specialties, either a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or an appropriate specialty electrician working in that electrician's specialty must be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day. Other specialties must meet the requirements specified in RCW 19.28.191(1)(f)(ii). When the ratio of certified electricians to noncertified individuals on a job site is one certified electrician to three or four noncertified individuals the certified electrician must:
(a) Directly supervise and instruct the noncertified individuals and the certified electrician may not directly make or engage in an electrical installation; and
(b) Be on the same job site as the noncertified individual for a minimum of one hundred percent of each working day.
(6) The electrical contractor shall accurately verify and attest to the electrical trainee hours worked by electrical trainees on behalf of the electrical contractor.
Sec. 6. RCW 19.28.191 and 1997 c 309 s 3 are each amended to read as follows:
(1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the master journeyman electrician, journeyman electrician, master specialty electrician, or specialty electrician certificate of competency.
(a) Before July 1, 2005, an applicant who possesses a valid general administrator's certificate and possesses a valid journeyman electrician certificate of competency in effect for the previous four years may apply for a master journeyman electrician certificate of competency without examination.
(b) Before July 1, 2005, an applicant who possesses a valid specialty administrator's certificate, in the specialty applied for, and possesses a valid specialty electrician certificate of competency, in the specialty applied for, for the previous two years may apply for a master specialty electrician certificate of competency without examination.
(c) To be eligible to take the examination for a master journeyman electrician certificate of competency the applicant must have possessed a valid journeyman electrician certificate of competency for four years.
(d) To be eligible to take the examination for a master specialty electrician certificate of competency the applicant must have possessed a valid specialty electrician certificate of competency, in the specialty applied for, for two years.
(e) To be eligible to take the examination for a journeyman certificate of competency the applicant must have:
(i) Worked in the electrical construction trade for a minimum of ((four years)) eight thousand hours employed full time, of which ((two years)) four thousand hours shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician and not more than a total of ((two years)) four thousand hours in all specialties under the supervision of a journeyman electrician or an appropriate specialty electrician. Specialty electricians with less than a four thousand hour work experience requirement cannot credit the time required to obtain that specialty towards qualifying to become a journeyman electrician; or
(ii) Successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade.
(((b))) (f) To be eligible to take the examination ((to become)) for a specialty electrician certificate of competency the applicant ((shall)) must have:
(i) Worked in ((that specialty of the electrical construction trade, under the supervision of a journeyman electrician or an appropriate specialty electrician, for a minimum of two years employed full time)) the residential, pump and irrigation, sign, limited energy, or nonresidential maintenance specialties of the electrical construction trade under the supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or a specialty electrician working in that electrician's specialty for a minimum of four thousand hours; or
(ii) Worked in other than the designated specialties in (f)(i) of this subsection for a minimum of two thousand hours. A minimum of the initial ninety days, or longer if set by rule by the department, must be spent under one hundred percent supervision of a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty. After the minimum full supervision period, a person may take the specialty examination. If the person passes the examination, the person may work unsupervised for the balance of the two thousand hours required to attain certification; or
(iii) Successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade.
(((c))) (g) Any applicant for a journeyman electrician certificate of competency who has successfully completed a two-year program in the electrical construction trade at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the work force training and education coordinating board under chapter 28C.10 RCW may substitute up to two years of the technical or trade school program for two years of work experience under a master journeyman electrician or a journeyman electrician. The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program. ((Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to take the examination for the certificate of competency.
(d))) (h) An applicant for a specialty electrician certificate of competency who, after January 1, 2000, has successfully completed a two-year program in the electrical construction trade at a public community or technical college, or a not-for-profit nationally accredited technical or trade school licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may substitute up to one year of the technical or trade school program for one year of work experience under a master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that electrician's specialty.
(i) The department must determine whether hours of training and experience in the military or school program are in the electrical construction trade and appropriate as a substitute for hours of work experience. The department must use the following criteria for evaluating the equivalence of classroom electrical training programs and work in the electrical construction trade:
(i) A two-year electrical training program must consist of three thousand or more hours of student/instructor contact time.
(ii) In a two-year electrical training program, a minimum of two thousand four hundred hours of student/instructor contact time must be technical electrical instruction directly related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture, in-school lab, and may include off-site instructor-supervised electrical installation.
(iii) External intern programs must not be used to comply with the student/instructor contact hours requirement, but will be eligible for electrical trainee work experience credit if performed in accordance with this chapter.
(iv) The department may not allow credit for a program that accepts more than one thousand hours transferred from another school's program.
(v) Electrical specialty training school programs of less than two years will have all of the above student/instructor contact time hours proportionately reduced. Such programs may not apply to more than fifty percent of the work experience required to attain certification.
(vi) Electrical training programs of less than two years may not be credited towards qualification for journeyman electrician unless the training program is used to gain qualification for a two-year electrical specialty.
(j) No other requirement for eligibility may be imposed.
(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.
Sec. 7. RCW 19.28.201 and 2001 c 211 s 13 are each amended to read as follows:
The department, in coordination with the board, shall prepare an examination to be administered to applicants for master journeyman electrician, journeyman electrician, master specialty electrician, and specialty electrician certificates of competency.
The department, with the consent of the board, may enter into a contract with a professional testing agency to develop, administer, and score electrician certification examinations. The department may set the examination fee by contract with the professional testing agency.
The department must, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.191. The fee must cover, but not exceed, the costs of preparing and administering the examination.
The department must certify the results of the examination upon the terms and after such a period of time as the department, in cooperation with the board, deems necessary and proper.
(1)(a) The master electrician's certificates of competency examinations must include questions from the following categories to ensure proper safety and protection for the general public: (i) Safety; (ii) the state electrical code; and (iii) electrical theory.
(b) A person may take the master electrician examination as many times as necessary without limit. All applicants must, before taking the examination, pay the required examination fee to the agency administering the examination.
(2) The journeyman electrician and specialty electrician examinations shall be constructed to determine:
(((1))) (a) Whether the applicant possesses varied general knowledge of the technical information and practical procedures that are identified with the status of journeyman electrician or specialty electrician; and
(((2))) (b) Whether the applicant is sufficiently familiar with the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians.
((The department shall, at least four times annually, administer the examination to persons eligible to take it under RCW 19.28.191. A person may take the journeyman or specialty test as many times as necessary without limit. All applicants shall, before taking the examination, pay the required examination fee to the agency administering the examination. The fee shall cover but not exceed the costs of preparing and administering the examination.
The department shall certify the results of the examination upon such terms and after such a period of time as the department, in cooperation with the board, deems necessary and proper.
(3) The department upon the consent of the board may enter into a contract with a professional testing agency to develop, administer, and score journeyman and/or specialty electrician certification examinations. The department may set the examination fee by contract with the professional testing agency.))
A person may take the examination as many times as necessary without limit. All applicants must, before taking the examination, pay the required examination fee to the agency administering the examination.
Sec. 8. RCW 19.28.211 and 2001 c 211 s 14 are each amended to read as follows:
(1) The department shall issue a certificate of competency to all applicants who have passed the examination provided in RCW 19.28.201, and who have complied with RCW 19.28.161 through 19.28.271 and the rules adopted under this chapter. The certificate shall bear the date of issuance, and shall expire on the holder's birthday. The certificate shall be renewed every three years, upon application, on or before the holder's birthdate. A fee shall be assessed for each certificate and for each annual renewal.
(2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual eight-hour continuing education course, the certificate may be renewed without examination by appropriate application unless the certificate has been revoked, suspended, or not renewed within ninety days after the expiration date.
(a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.
(b) The department shall accept proof of a certificate holder's satisfactory completion of a continuing education course offered in another state as meeting the requirements for maintaining a current Washington state certificate of competency if the department is satisfied the course is comparable in nature to that required in Washington state for maintaining a current certificate of competency.
(3) If the certificate is not renewed before the expiration date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a certificate of competency. The fees shall cover but not exceed the costs of issuing the certificates and of administering and enforcing the electrician certification requirements of this chapter.
(4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to work in the electrical construction trade as a master electrician, journeyman electrician, or specialty electrician in accordance with their provisions throughout the state and within any of its political subdivisions without additional proof of competency or any other license, permit, or fee to engage in such work.
Sec. 9. RCW 19.28.241 and 2001 c 211 s 17 are each amended to read as follows:
(1)(a) The department may revoke any certificate of competency upon the following grounds:
(((a))) (i) The certificate was obtained through error or fraud;
(((b))) (ii) The holder thereof is judged to be incompetent to work in the electrical construction trade as a journeyman electrician or specialty electrician;
(((c))) (iii) The holder thereof has violated any of the provisions of ((RCW 19.28.161 through 19.28.271)) or any rule adopted under this chapter;
(iv) For commission of a serious violation that is defined as a violation that presents imminent danger to the public or property.
(b) The department may deny an application for a certificate of competency for up to two years if the applicant's previous certificate of competency has been revoked.
(2) Before any certificate of competency shall be revoked, the holder shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing before the board. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.
(3) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "electricians;" strike the remainder of the title and insert "and amending RCW 19.28.006, 19.28.041, 19.28.051, 19.28.061, 19.28.161, 19.28.191, 19.28.201, 19.28.211, and 19.28.241."
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6630 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6630.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6630 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 45.
Voting nay: Senators Rossi, Stevens and Zarelli - 3.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 6630, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, Senator Poulsen was excused.
SECOND READING
SENATE BILL NO. 6591, by Senators Prentice and Oke (by request of Department of Revenue)
Changing the taxation of tobacco products to provide for the taxation of products purchased for resale from persons immune from state tax.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6591 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PARLIAMENTARY INQUIRY
Senator Benton: “A parliamentary inquiry, Mr. President. Senate Bill No. 6591 appears to increase taxes on tobacco products. I would like a ruling from the President as to whether or not passage of this bill would require a two-thirds vote under the provisions of Initiative 601.”
MOTION
On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6591 was deferred.
President Pro Tempore Franklin assumed the Chair.
SECOND READING
SENATE BILL NO. 6411, by Senators Kohl-Welles, McAuliffe, Carlson, B. Sheldon, Regala, Shin, Finkbeiner and Fraser (by request of The Evergreen State College)
Expanding the running start program to allow participation by The Evergreen State College.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6411.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6411 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 43.
Voting nay: Senators Hargrove, McDonald, Roach and Zarelli - 4.
Excused: Senators McCaslin and Poulsen - 2.
SENATE BILL NO. 6411, 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 Kastama was excused.
SECOND READING
SENATE BILL NO. 6547, by Senators Haugen, Johnson, Eide, Horn, Spanel, Gardner, Benton, Winsley, Hale, Regala and Hewitt
Shifting approval of driver training schools from the superintendent of public instruction to the department of licensing.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6547 was substituted for Senate Bill No. 6547 and the substitute bill was placed on second reading and read the second time.
Senator Finkbeiner moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.20.100 and 1999 c 274 s 14 are each amended to read as follows:
(1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.
(2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education requirements of this subsection.
(a) To meet the traffic safety education requirement for a driver's license the applicant must satisfactorily complete a traffic safety education course as defined in RCW ((28A.220.020. The course must meet the standards established by the office of the state superintendent of public instruction)) 46.82.280 for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a driver training school must meet the standards established by the department of licensing through the driver training school advisory committee, pursuant to RCW 46.82.300. The traffic safety education course may be provided by:
(i) A ((recognized secondary)) public or private school with a traffic safety education course meeting the requirements of chapter 46.82 RCW; or
(ii) A commercial ((driving enterprise)) driver training school licensed under chapter 46.82 RCW that is annually approved by the ((office of the superintendent of public instruction)) department of licensing.
(b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
(c) The department may waive the traffic safety education requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
(i) He or she was unable to take or complete a traffic safety education course;
(ii) A need exists for the applicant to operate a motor vehicle; and
(iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
(d) The department may waive the traffic safety education requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.
Sec. 2. RCW 46.20.055 and 1999 c 274 s 13 are each amended to read as follows:
(1) Driver's instruction permit. The department may issue a driver's instruction permit with a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a five-dollar fee, and meets the following requirements:
(a) Is at least fifteen and one-half years of age; or
(b) Is at least fifteen years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program ((approved and accredited by the superintendent of public instruction)) offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
(2) Nonphoto permit fee. An applicant who meets the requirements of subsection (1) of this section other than payment of the five-dollar fee may obtain a driver's instruction permit without a photograph by paying a fee of four dollars.
(3) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW 28A.220.020(2); or
(b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).
The department may require proof of registration in such a course as it deems necessary.
(4) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
(a) The person has immediate possession of the permit; and
(b) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
(5) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.
(a) The department may issue one additional one-year permit.
(b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
Sec. 3. RCW 46.20.070 and 1999 c 6 s 13 are each amended to read as follows:
(1) Agricultural driving permit authorized. The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:
(a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;
(b) The applicant has passed the driving examination required by RCW 46.20.120;
(c) The department has investigated the applicant's need for the permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and
(e) The applicant has paid a fee of three dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a traffic safety education course ((authorized under RCW 28A.220.030)) offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW offered in the community where the holder resides.
(b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit. An agricultural driving permit expires one year from the date of issue.
(a) A person under the age of eighteen who holds a permit may renew the permit by paying a three-dollar fee.
(b) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.
(4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:
(a) The permittee has been found to have committed an offense that requires mandatory suspension or revocation of a driver's license; or
(b) The director is satisfied that the permittee has violated the permit's restrictions.
NEW SECTION. Sec. 4. A new section is added to chapter 46.82 RCW to read as follows:
(1) Persons instructing students under eighteen years of age are required to have a background check through the Washington state patrol criminal identification system and through the federal bureau of investigation. The background check shall also include a fingerprint check using a fingerprint card.
(2) The cost of the background check shall be paid by the instructor.
(3) The department may waive the background check for any applicant who has had a background check within two years before applying to become an instructor.
Sec. 5. RCW 46.82.280 and 1986 c 80 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.
(1) "Driver training school" means a commercial driver training school ((engaged in the business of giving instruction, for a fee, in the operation of automobiles)), a public school, or a private school providing traffic safety education courses.
(2) "Commercial driver training school" means a private driver training school engaged in the business of giving traffic safety education for a fee.
(3) "Public school" means a public high school that teaches children in grades ten through twelve at a minimum.
(4) "Private school" means a school approved under chapter 28A.195 RCW.
(5) "Director" means the director of the department of licensing of the state of Washington.
(((3))) (6) "Advisory committee" means the ((driving instructors')) driver training school advisory committee as created in this chapter.
(((4))) (7) "Fraudulent practices" means any conduct or representation on the part of a licensee under this chapter tending to induce anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes.
(((5))) (8) "Instructor" means any person employed by a driver training school to instruct ((persons in the operation of automobiles)) a traffic safety education course.
(((6))) (9) "Place of business" means a designated location at which the business of a commercial driver training school is transacted and its records are kept.
(((7))) (10) "Person" means any individual, firm, corporation, partnership, or association.
(11) "Traffic safety education course" means a course of instruction in traffic safety education that includes classroom instruction and on-street driving instruction. Each phase shall meet basic course requirements that shall be established by the department of licensing and each part of the course shall be taught by an instructor certified under RCW 46.82.320.
NEW SECTION. Sec. 6. A new section is added to chapter 46.82 RCW to read as follows:
Any public or private school may contract with a commercial driver training school for the instruction of a traffic safety education course.
Sec. 7. RCW 46.82.300 and 1984 c 287 s 93 are each amended to read as follows:
(1) The director shall be assisted in the duties and responsibilities of this chapter by the driver ((instructors')) training school advisory committee, consisting of five members. Members of the advisory committee shall be appointed by the director for two-year terms and shall consist of a representative of the driver training schools, a representative of the driving instructors (who shall not be from the same school as the school member), a representative of the superintendent of public instruction, a representative of the department of licensing, and a representative from the Washington state traffic safety commission. Members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.
(2) The advisory committee shall meet at least semiannually and shall have additional meetings as may be called by the director. The director or the director's representative shall attend all meetings of the advisory committee and shall serve as chairman.
(3) Duties of the advisory committee shall be to:
(a) Advise and confer with the director or the director's representative on matters pertaining to the establishment of rules necessary to carry out this chapter;
(b) Review violations of this chapter and to recommend to the director appropriate enforcement or disciplinary action as provided in this chapter;
(c) Review and update when necessary a curriculum consisting of a list of items of knowledge and the processes of driving a motor vehicle specifying the minimum requirements adjudged necessary in teaching a proper and adequate course of driver education; ((and))
(d) Review and update instructor certification standards to be consistent with RCW 46.82.330 and take into consideration those standards required to be met by teachers under chapter 28A.410 RCW when the instructors are teaching children under the age of eighteen; and
(e) Prepare the examination for a driver instructor's certificate and review examination results at least once each calendar year for the purpose of updating and revising examination standards.
Sec. 8. RCW 46.82.310 and 1979 ex.s. c 51 s 4 are each amended to read as follows:
(1) No person shall engage in the business of conducting a commercial driver training school without a license issued by the director for that purpose. An application for a driver training school license shall be filed with the director, containing such information as prescribed by the director, accompanied by an application fee of one hundred dollars, which shall in no event be refunded. If an application is approved by the director, the applicant upon payment of an additional fee of twenty-five dollars shall be granted a license valid for a period of one year from the date of issuance.
(2) The annual fee for renewal of a school license shall be twenty-five dollars. The director shall issue a license certificate to each licensee which shall be conspicuously displayed in the place of business of the licensee. If a renewal application has not been received by the director within sixty days from the date a notice of license expiration was mailed to the licensee, the license will be void requiring a new application as provided for in this chapter, including payment of all fees.
(3) The person to whom a driver training school license has been issued must notify the director in writing within thirty days after any change is made in the officers, directors, or location of the place of business of the school.
(4) Driver training school licenses shall not be transferable. In the event of any transfer of ownership in the business, an application for a new license, including payment of all fees, must be made. The director shall permit continuance of the business for a period not to exceed sixty days from (([the])) the date of transfer pending approval of the new application for a school license.
(5) The director shall not issue or renew a school license certificate until the licensee has filed with the director evidence of liability insurance coverage with an insurance company authorized to do business in this state in the amount of not less than three hundred thousand dollars because of bodily injury or death to two or more persons in any one accident, not less than one hundred thousand dollars because of bodily injury or death to one person in one accident, and not less than fifty thousand dollars because of property damage to others in one accident, and the coverage shall include uninsured motorists coverage. The insurance coverage shall be maintained in full force and effect and the director shall be notified at least ten days prior to cancellation or expiration of any such policy of insurance.
(6) The increased insurance requirements of subsection (5) of this section must be in effect by no later than one year after September 1, 1979.
Sec. 9. RCW 46.82.320 and 1989 c 337 s 18 are each amended to read as follows:
(1) No person, including the owner, operator, partner, officer, or stockholder of a driver training school shall give instruction ((in the operation of an automobile for a fee)) for a traffic safety education course without a license issued by the director for that purpose. An application for an instructor's license shall be filed with the director, containing such information as prescribed by the director, accompanied by an application fee of twenty-five dollars which shall in no event be refunded. If the application is approved by the director and the applicant satisfactorily meets the examination requirements as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of one year from the date of issuance. An instructor shall take a requalification examination every five years.
(2) The annual fee for renewal of an instructor's license shall be five dollars. The director shall issue a license certificate to each licensee which shall be conspicuously displayed in the place of business of the employing driver training school. Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school. If a renewal application has not been received by the director within sixty days from the date a notice of license expiration was mailed to the licensee, the license will be voided requiring a new application as provided for in this chapter, including examination and payment of all fees.
(3) Persons who qualify under the rules ((jointly)) adopted by ((the superintendent of public instruction and)) the director of licensing to teach only the laboratory phase, shall be subject to a ten dollar examination fee.
(4) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be carried on the instructor's person at all times while engaged in instructing.
(5) The person to whom an instructor's license has been issued shall notify the director in writing within thirty days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.
Sec. 10. RCW 46.82.350 and 1979 ex.s. c 51 s 8 are each amended to read as follows:
(1) The director may suspend, revoke, deny, or refuse to renew an instructor's license or a commercial driver training school license for any of the following causes:
(a) Upon determination that the licensee has made a false statement or concealed any material fact in connection with the application or license renewal;
(b) Upon conviction of the applicant, licensee, or any person directly or indirectly interested in the driver training school's business of a felony, or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;
(c) Upon determination that the applicant, licensee, or any person directly or indirectly interested in the driver training school's business previously held a driver training school license which was revoked, suspended, or refused renewal by the director;
(d) Upon determination that the applicant or licensee does not have a place of business as required by this chapter;
(e) Upon determination that the applicant or licensee has failed to require all persons with financial interest in the driver training school to be signatories to the application;
(f) Upon determination that the applicant or licensee has been found guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another to resort to fraud in relation to securing for himself, herself, or another a license to drive a motor vehicle; or
(g) Upon determination that the applicant or licensee fails to satisfy the other conditions stated in this chapter.
Sec. 11. RCW 46.82.360 and 1989 c 337 s 19 are each amended to read as follows:
The license of any driver training school or instructor may be suspended, revoked, denied, or refused renewal for failure to comply with the business practices specified in this section.
(1) No place of business shall be established nor any business of a commercial driver training school conducted or solicited within one thousand feet of an office or building owned or leased by the department of licensing in which examinations for drivers' licenses are conducted. The distance of one thousand feet shall be measured along the public streets by the nearest route from the place of business to such building.
(2) Any automobile used by a driver training school or an instructor for instruction purposes must be equipped with:
(a) Dual controls for foot brake and clutch, or foot brake only in a vehicle equipped with an automatic transmission;
(b) An instructor's rear view mirror; and
(c) A sign displayed on the back or top, or both, of the vehicle not less than twenty inches in horizontal width or less than ten inches in vertical height and having the words "student driver" or "instruction car," or both, in legible, printed, English letters at least two and one-half inches in height near the top and the name of the school in similarly legible letters not less than one inch in height placed somewhere below the aforementioned words, and the street number and name and the telephone number in similarly legible letters at least one inch in height placed next below the name of the school. The lettering and background colors shall be of contrasting shades so as to be clearly readable at one hundred feet in clear daylight. The sign shall be displayed at all times when instruction is being given.
(3) Instruction may not be given by an instructor to a student in an automobile unless the student possesses a current and valid instruction permit issued pursuant to RCW 46.20.055 or a current and valid driver's license.
(4) No commercial driver training school or instructor shall advertise or otherwise indicate that the issuance of a driver's license is guaranteed or assured as a result of the course of instruction offered.
(5) No commercial driver training school or instructor shall utilize any types of advertising without using the full, legal name of the school and identifying itself as a commercial driver training school. Items and services advertised must be available in a manner as might be expected by the average person reading the advertisement.
(6) A commercial driver training school shall have an established place of business owned, rented, or leased by the school and regularly occupied and used exclusively for the business of giving driver instruction. The established place of business of a commercial driver training school that applies for an initial license after July 23, 1989, shall be located in a district that is zoned for business or commercial purposes. The established place of business, branch office, or classroom or advertised address of any such commercial driver training school shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, bus, telephone answering service if such service is the sole means of contacting the driver training school, a room or rooms in a hotel or rooming house or apartment house, or premises occupied by a single or multiple-unit dwelling house. To classify as a branch office or classroom the facility must be within a thirty-five mile radius of the established place of business. Nothing in this subsection may be construed as limiting the authority of local governments to grant conditional use permits or variances from zoning ordinances.
(7) No commercial driver training school or instructor shall conduct any type of instruction or training on a course used by the department of licensing for testing applicants for a Washington driver's license.
(8) Each driver training school shall maintain records on all of its students, including the student's name and address, the starting and ending dates of instruction, the student's instruction permit or driver's license number, the type of training given, and the total number of hours of instruction. Records of past students shall be maintained for five years following the completion of the instruction.
(9) Each driver training school shall, at its ((established place of business)) location, display, in a place where it can be seen by all clients, a copy of the required minimum curriculum compiled by the ((driver)) advisory committee. Copies of the required minimum curriculum are to be provided to driver training schools and instructors by the director.
(10) Driver training schools and instructors shall submit to periodic inspections of their business practices, facilities, records, and insurance by authorized representatives of the director of the department of licensing.
NEW SECTION. Sec. 12. A new section is added to chapter 28A.220 RCW to read as follows:
Public and private schools may offer a traffic safety education course under the provisions of chapter 46.82 RCW to meet the traffic safety education requirement in RCW 46.20.100 for persons under the age of eighteen.
NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 28A.220.010 (Legislative declaration) and 1977 c 76 s 1;
(2) RCW 28A.220.020 (Definitions) and 1990 c 33 s 218, 1979 c 158 s 195, 1977 c 76 s 2, 1969 ex.s. c 218 s 1, & 1963 c 39 s 2;
(3) RCW 28A.220.030 (Administration of program--Powers and duties of school officials) and 2000 c 115 s 9, 1979 c 158 s 196, 1977 c 76 s 3, 1969 ex.s. c 218 s 2, & 1963 c 39 s 3;
(4) RCW 28A.220.050 (Information on proper use of left-hand lane) and 1986 c 93 s 4;
(5) RCW 28A.220.060 (Information on effects of alcohol and drug use) and 1991 c 217 s 2;
(6) RCW 28A.220.070 (Rules) and 2000 c 115 s 11; and
(7) RCW 46.82.400 (Chapter not applicable to educational institutions) and 1979 ex.s. c 51 s 13.
NEW SECTION. Sec. 14. 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."
WITHDRAWAL OF AMENDMENT
There being no objection, Senator Finkbeiner withdrew the striking amendment to Substitute Senate Bill No. 6547.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6547 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6547.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6547 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 45.
Voting nay: Senator Swecker - 1.
Excused: Senators Kastama, McCaslin and Poulsen - 3.
SUBSTITUTE SENATE BILL NO. 6547, 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. 6718, by Senators Fraser, Finkbeiner, Regala, Keiser, Jacobsen, Poulsen and Franklin
Making state government a leader in clean energy consumption.
MOTIONS
On motion of Senator Fraser, Second Substitute Senate Bill No. 6718 was substituted for Senate Bill No. 6718 and the second substitute bill was placed on second reading and read the second time.
Senator Fraser moved that the following striking amendment by Senators Fraser and Morton be adopted:
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) As a significant consumer of energy resources and a committed steward of public health and environmental quality, Washington state government is well-positioned to be a leader in promoting and using clean energy;
(b) State government actions to promote and use clean energy are consistent with the state's environmental commitments, including addressing the potential impact to Washington's quality of life due to global climate changes and improving local and regional air quality;
(c) State government actions to promote and use clean energy are also consistent with the state's high priority policy objectives to maintain competitive energy costs and a reliable and secure supply of energy resources; and
(d) State government actions to promote and use clean energy are also consistent with the state's goals to support economic development opportunities by reducing traffic congestion and stimulating new and emerging energy technologies within the clean energy industry of the state's high-technology sector.
(2) The legislature intends state government to adopt a strategy to meet its energy needs by relying on clean energy to the greatest extent practicable.
NEW SECTION. Sec. 2. A new section is added to chapter 43.21F RCW to read as follows:
The definitions in this section apply throughout RCW 43.21F.015, 43.21F.045, and section 4 of this act unless the context clearly requires otherwise.
(1) "Energy conservation measures" has the same meaning as defined in RCW 43.19.670(3) (a) through (j) and (l).
(2) "Clean energy resources" or "qualified alternative energy resources" means the electricity produced from generation facilities that are fueled by: (a) Wind; (b) solar energy; (c) geothermal energy; (d) landfill gas; (e) wave or tidal action; (f) fuel cells; (g) gas produced during the treatment of wastewater; (h) qualified hydropower; or (i) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.
(3) "State" and "state government" means the executive branch agencies of the state of Washington that are managed by governor-appointed executives and state institutions of higher education.
Sec. 3. RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:
(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state.
(2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:
(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:
(i) Supply, demand, costs, utilization technology, projections, and forecasts;
(ii) Comparative costs of alternative energy sources, uses, and applications; and
(iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.
(c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the governor and the legislature, including but not limited to strategies and options to encourage state agencies to rely on clean energy resources to the greatest extent practicable.
(e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council. To the extent consistent with federal law, the director shall request that Washington's council members request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.
(g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.
(i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.
(j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.
(k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.
(l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.
(m) Appoint staff as may be needed to administer energy policy functions and manage energy facility site evaluation council activities. These employees are exempt from the provisions of chapter 41.06 RCW.
(3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.
(4) To the extent the powers and duties set out under this section relate to energy efficiency in public buildings they are transferred to the department of general administration.
NEW SECTION. Sec. 4. A new section is added to chapter 43.19 RCW to read as follows:
(1) The department of general administration shall encourage each agency of state government to use clean energy resources as defined in section 2 of this act. Each agency of state government shall determine the amount of clean energy resources that should be purchased and all such purchases shall be made within existing resources.
(2) Each agency is encouraged to obtain at least two percent per biennium of its energy consumption from clean energy resources or a reduction in consumption of at least two percent through energy conservation and energy efficiency measures, or a combination thereof. The goal is to reach a cumulative total of ten percent by June 30, 2011.
NEW SECTION. Sec. 5. A new section is added to chapter 43.21F RCW to read as follows:
In preparing the biennial energy report required under RCW 43.21F.045(2)(h) to be transmitted to the governor and the legislature by December 1, 2002, the department must include the following information:
(1) An estimate of the current and potential future contributions to global climate change as a result of state government's current and projected energy consumption;
(2) Identification of specific strategies and options to reduce or offset the contributions to global climate change attributable to the state's energy consumption. Strategies and options may include:
(a) Reducing the state's consumption of electricity through aggressive pursuit of cost-effective energy conservation and efficiency opportunities;
(b) Increasing the proportion of electricity the state generates for its own use or purchases through an electric utility from clean energy resources; and
(c) Addressing transportation-related energy challenges such as improving the fuel efficiency of the state's vehicle fleet, using alternative fuels in the state's vehicle fleet, changing the ways state employees and contractors travel, and developing transportation substitutes for state employees and contractors; and
(3) A status report on the planning and progress related to implementing section 4 of this act. The status report shall also include an analysis of the projected costs and projected benefits to the state from pursuing the goals set in section 4 of this act."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser and Morton to Second Substitute Senate Bill No. 6718.
The motion by Senator Fraser carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted;
On page 1, line 2 of the title, after "consumption;" strike the remainder of the title and insert "amending RCW 43.21F.045; adding new sections to chapter 43.21F RCW; adding a new section to chapter 43.19 RCW; and creating a new section."
On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6718 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator West: “Senator Brown, clean energy, while it is a good goal, currently is more expensive often times. Is there a fiscal note associated with this or a loss to state government–if not this biennium, in future bienniums?”
Senator Brown: “Senator West, we discussed that issue in committee and I think we gave the agencies flexibility to meet the goal by conservation, not just by purchasing energy on the market. As I recall, we have a fiscal note, but it is rather minimal and we allowed the general accounting office to utilize accounts if there were any additional costs, so there would be no cost to the general fund.”
Senator West: “Thank you, Senator Brown.”
Further debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6718.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6718 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Voting nay: Senators Horn, McDonald and West - 3.
Excused: Senator McCaslin - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6718, 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 8:39 p.m., Senator West moved that the Senate adjourn until 8:00 a.m. tomorrow.
Senator Snyder demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator West to adjourn until 8:00 a.m. tomorrow.
ROLL CALL
The Secretary called the roll and the motion by Senator West to adjourn failed by the following vote: Yeas, 24; Nays, 24; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 24.
Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 24.
Excused: Senator McCaslin - 1.
SECOND READING
SENATE BILL NO. 6425, by Senators McAuliffe, Carlson, Fairley, Kohl-Welles and Winsley
Authorizing access to school meal programs and kitchen facilities.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6425 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6425.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6425 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SENATE BILL NO. 6425, 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. 6352, by Senators Gardner, Benton, Haugen, Kline, Horn and Rasmussen
Preventing masking of commercial drivers' offenses.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the following striking amendment by Senators Gardner and Benton was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.63.070 and 2000 c 110 s 1 are each amended to read as follows:
(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5)(a) In hearings conducted pursuant to subsections (3) and (4) of this section, with the exception of infractions occurring during the operation of a commercial motor vehicle, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
Sec. 2. RCW 10.05.010 and 1998 c 208 s 1 are each amended to read as follows:
In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial.
A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution program more than once. Separate offenses committed more than seven days apart may not be consolidated in a single program. Under no circumstance is a person charged with an offense under Title 46 RCW eligible for a deferred prosecution program if the offense occurred while operating a commercial motor vehicle.
Sec. 3. RCW 10.05.015 and 1985 c 352 s 5 are each amended to read as follows:
At the time of arraignment a person charged with a violation of RCW 46.61.502 or 46.61.504, other than a charge in conjunction with the operation of a commercial motor vehicle, may be given a statement by the court that explains the availability, operation, and effects of the deferred prosecution program.
Sec. 4. RCW 46.52.130 and 2001 c 309 s 1 are each amended to read as follows:
A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer or prospective employer or an agent acting on behalf of an employer or prospective employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies. Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract or to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; whether the accident resulted in any fatality; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(b)(i).
The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall include convictions for RCW 46.61.5249 and 46.61.525 except that the abstract shall report them only as negligent driving without reference to whether they are for first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.
The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.
Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. ((No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.))
Any employer or prospective employer or an agent acting on behalf of an employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.
Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
Any negligent violation of this section is a gross misdemeanor.
Any intentional violation of this section is a class C felony.
NEW SECTION. Sec. 5. RCW 48.30.310 (Commercial motor vehicle employment driving record not to be considered, when) and 1977 ex.s. c 356 s 3 are each repealed."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On line 1 of the title, after "offenses;" strike the remainder of the title and insert "amending RCW 46.63.070, 10.05.010, 10.05.015, and 6.52.130; and repealing RCW 48.30.310."
On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 6352 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. 6352.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6352 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 6352, 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. 6368, by Senators Thibaudeau, Deccio and Winsley
Developing a comprehensive prescription drug education and utilization system.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 6368 was substituted for Senate Bill No. 6368 and the substitute bill was placed on second reading and read the second time.
Senator Franklin moved that the following amendment be adopted:
On page 12, line 22 after "exceed" strike "three" and insert "two".
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Franklin on page 12, line 22, to Substitute Senate Bill No. 6368.
The motion by Senator Franklin carried and the amendment was adopted.
MOTION
Senator Franklin moved that the following amendment be adopted:
On page 14, line 10 after "professionals" insert ", and must include at least one person representing consumers of state purchased health care"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Franklin on page 14, line 10, ro Substitute Senate Bill No. 6368.
The motion by Senator Franklin carried and the amendment was adopted.
MOTION
Senator Parlette moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that access to prescription drugs is vital to the health of many Washington residents, but that recent substantial increases in drug expenditures threaten the overall viability of the state's medical assistance program and cannot be sustained. For those people not currently eligible for this program, or otherwise lacking prescription drug coverage, the high costs may limit their access to medications altogether. The legislature therefore intends to implement strategies to reduce the cost of providing prescription drugs while maintaining and improving access to high quality prescription drug therapies.
Sec. 2. RCW 74.09.010 and 1990 c 296 s 6 are each amended to read as follows:
((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Children's health program" means the health care services program provided to children under eighteen years of age and in households with incomes at or below the federal poverty level as annually defined by the federal department of health and human services as adjusted for family size, and who are not otherwise eligible for medical assistance or the limited casualty program for the medically needy.
(2) "Committee" means the ((children's health services)) pharmacy and therapeutics committee created in ((section 3 of this act)) section 5 of this act.
(3) "County" means the board of county commissioners, county council, county executive, or tribal jurisdiction, or its designee. A combination of two or more county authorities or tribal jurisdictions may enter into joint agreements to fulfill the requirements of RCW 74.09.415 through 74.09.435.
(4) "Department" means the department of social and health services.
(5) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.
(6) "Internal management" means the administration of medical assistance, medical care services, the children's health program, and the limited casualty program.
(7) "Limited casualty program" means the medical care program provided to medically needy persons as defined under Title XIX of the federal social security act, and to medically indigent persons who are without income or resources sufficient to secure necessary medical services.
(8) "Medical assistance" means the federal aid medical care program provided to categorically needy persons as defined under Title XIX of the federal social security act.
(9) "Medical care services" means the limited scope of care financed by state funds and provided to general assistance recipients, and recipients of alcohol and drug addiction services provided under chapter 74.50 RCW.
(10) "Nursing home" means nursing home as defined in RCW 18.51.010.
(11) "Poverty" means the federal poverty level determined annually by the United States department of health and human services, or successor agency.
(12) "Preferred drug" means the department's drug of choice within a selected therapeutic class, as determined by the process established in section 3 of this act.
(13) "Prior authorization" means a process requiring the prescriber or the dispenser to verify with the state medicaid agency or its contractor that the proposed medical use of a particular medicine for a patient meets predetermined criteria for payment by the program.
(14) "Secretary" means the secretary of social and health services.
(15) "Therapeutic class" means a group of drugs used for the diagnosis, treatment, remediation, or cure of a specific order or disease.
NEW SECTION. Sec. 3. A new section is added to chapter 74.09 RCW to read as follows:
The department shall begin implementation of a preferred drug program pursuant to 42 U.S.C. Sec. 1396r-8 by January 1, 2003. The program shall apply only to fee-for-service medical assistance clients, except those fee-for-service clients who receive care from a delivery system operated by a health maintenance organization as defined in RCW 48.46.020. In implementing the program, the department may adopt rules, and must:
(1) Identify for initial consideration those classes of drugs for which it annually has the greatest aggregate fee-for-service expenditures, excluding from consideration any of the following classes, which shall be exempt from any preferred drug list:
(a) Antipsychotics;
(b) Chemotherapy;
(c) Antiretroviral drugs;
(d) Immunosuppressants; and
(e) Hypoglycemia rescue agents;
(2) Contract with one or more qualified, independent entities to determine which drugs within each of the identified therapeutic class are essentially equal in terms of safety, efficacy, and outcomes. The contracted entity must base its determinations on the strength of scientific evidence and standards of practice that include, but are not limited to:
(a) Assessing peer-reviewed medical literature, including randomized clinical trials (especially drug comparison studies), pharmacoeconomic studies, and outcomes research data;
(b) Employing published practice guidelines, developed by an acceptable evidenced-based process;
(c) Comparing the efficacy as well as the type and frequency of side effects and potential drug interactions among alternative drug products in the class under review;
(d) Assessing the likely impact of a drug product on patient compliance when compared to alternative products; and
(e) Thoroughly evaluating the benefits, risks, and potential outcomes for patients, including adverse drug events;
(3) Submit the determinations made under subsection (2) of this section to the committee established in section 5 of this act, which shall incorporate them into recommendations to the department;
(4) Develop a preferred drug list based on the recommendations of the committee. For each therapeutic class considered, the list must identify the drugs determined to be essentially equal, and from among those, which ones are the preferred drugs. The department, based on the recommendations of the committee, may revise the preferred drug list annually, or as necessary to meet the objectives of this act;
(a) In developing the preferred drug list, the department may negotiate, directly or through contract with an outside agency, supplemental rebates from pharmaceutical manufacturers that are in addition to those required by Title XIX of the social security act and at no less than ten percent of the average manufacturer price as defined in 42 U.S.C. Sec. 1936 on the last day of a quarter unless the federal or supplemental rebate, or both, equals or exceeds twenty-five percent, unless the department determines that specific products are competitive at lower rebate percentages. There is no upper limit on the supplemental rebates the agency may negotiate.
(b) Agreement to pay the minimum supplemental rebate percentage will guarantee a manufacturer that the department will consider a product for inclusion as a preferred drug. However, a pharmaceutical manufacturer is not guaranteed placement as a preferred drug by simply paying the minimum supplemental rebate. Department decisions will be made on the clinical efficacy of a drug and recommendations of the pharmacy and therapeutics committee, as well as the price of competing products minus federal and state rebates.
(c) The department may seek any federal waivers necessary to implement this section;
(5) Distribute the initial preferred drug list, and any subsequent revisions, to every provider with prescriptive authority with whom it has a core provider agreement, including with it a description of how the list was developed, and how it will be used.
NEW SECTION. Sec. 4. A new section is added to chapter 74.09 RCW to read as follows:
Reimbursement of any nonpreferred drug is subject to prior authorization. A preferred drug may be subject to prior authorization where it has a narrow therapeutic indication, presents a risk of inappropriate utilization, or poses significant safety concerns. A preferred drug may not be subject to prior authorization for the sole reason that it costs more than other drugs in its therapeutic class.
NEW SECTION. Sec. 5. A new section is added to chapter 74.09 RCW to read as follows:
(1) The pharmacy and therapeutics committee is established to assist the department in the development and implementation of a preferred drug program.
(2) The committee shall be comprised as specified in 42 U.S.C. Sec. 1396r-8, and consist of nine members, to be appointed by the governor as follows:
(a) Four physicians licensed under chapter 18.57 or 18.71 RCW and actively engaged in the practice of medicine, at least one of whom is employed by a carrier as defined in RCW 48.43.005, chosen from a list of nominees provided by the Washington state medical association;
(b) One advanced registered nurse practitioner licensed in this state and actively engaged in the practice of nursing chosen from a list of nominees provided by the Washington state nurses association;
(c) Three pharmacists licensed in this state and actively engaged in the practice of pharmacy chosen from a list of nominees provided by the Washington state pharmacists association; and
(d) One person with background experience, education, or expertise in pharmacoeconomics.
(3) No person shall be appointed to or remain on the committee who is employed by a pharmaceutical manufacturer, or who receives or has received remuneration, grants, or other thing of economic value from a pharmaceutical manufacturer if it could reasonably be expected that the remuneration, grant, or thing of economic value would influence the vote, action, or judgment of the person as a member of the committee.
(4) Committee members serve staggered three-year terms. Of the initial members, one physician, the advanced registered nurse practitioner, and one pharmacist are each appointed for two-year terms, and one physician, one pharmacist, and the pharmacoeconomics representative are each appointed for one-year terms. The remaining committee members are appointed for three-year terms. Members may be reappointed for a period not to exceed three three-year terms. A committee member whose term has expired will continue to serve until his or her successor is appointed. Vacancies on the committee must be filled for the balance of the unexpired term from nominee lists for the appropriate committee category as under subsection (2) of this section.
(5) Committee members must select a chair and a vice-chair on an annual basis from the committee membership.
(6) The department must provide staff support to the committee. Committee members serve without compensation, but must be reimbursed for expenses pursuant to RCW 43.03.050 and 43.03.060.
(7) The members of the committee are immune from civil liability for any official acts performed in good faith as members of the committee.
(8) The committee must:
(a) Recommend to the department which drugs it should identify as its preferred drugs from among those determined, pursuant to section 3(2) of this act, to be essentially equal in terms of safety, efficacy, and outcomes. In making these recommendations, the committee must consider, among other factors, the relative cost-effectiveness of the drugs being considered, the impact of each drug on the state's overall health care expenditures, and the efforts of each drug's manufacturer to ensure that all Washington residents have access to medically necessary medicines at an affordable price. The committee must review the preferred drug list at least annually, and recommend to the department any changes it deems appropriate to meet the objectives of this act;
(b) Make recommendations regarding the rules to be adopted by the department to implement the preferred drug program; and
(c) Make recommendations regarding the preferred drug list development and review process, and program implementation, as necessary to achieve the objectives of this act.
NEW SECTION. Sec. 6. A new section is added to chapter 74.09 RCW to read as follows:
Proprietary information submitted upon request of the department or the committee by any vendor or pharmaceutical manufacturer for the purposes of this act are exempt from public inspection and copying under chapter 42.17 RCW when necessary to prevent trade secrets or prevent unfair competition.
Sec. 7. RCW 42.30.110 and 2001 c 216 s 1 are each amended to read as follows:
(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;
(k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;
(l) To consider, in the case of the pharmacy and therapeutics committee established in section 5 of this act, proprietary or confidential nonpublished information that relates to the development or revision of the preferred drug list or the designation of a drug for prior authorization.
(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.
NEW SECTION. Sec. 8. (1) By January 1, 2003, the department of social and health services shall submit to the governor and the legislature a progress report regarding the implementation of the preferred drug program.
(2) Beginning January 1, 2004, and by January 1st of each year through 2006, the department shall submit to the governor and the legislature a report on the effect of the preferred drug program. The report must address whether the programs have succeeded in promoting improved clinical outcomes and cost-effective drug utilization, and may present recommendations for program modifications, or for additional strategies that should be pursued to promote appropriate and cost-effective utilization of prescription drugs by residents of the state of Washington.
NEW SECTION. Sec. 9. A new section is added to chapter 74.09 RCW to read as follows:
The department shall submit and, upon approval, implement a section 1115 research and demonstration waiver request to the federal centers for medicare and medicaid services to establish a medicaid senior prescription drug assistance program. The program shall:
(1) Cover persons age sixty-five years old or older with household incomes up to two hundred percent of the federal poverty level who have no medicare supplement policy or retiree health benefit plan that covers drugs;
(2) Provide a pharmacy benefit as comprehensive as that provided in the current Washington medicaid state plan; and
(3) Include reasonable enrollee cost sharing.
The department shall limit enrollment as necessary to prevent an overexpenditure of the program's appropriation."
Debate ensued.
Senator Carlson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Parlette to Substitute Senate Bill No. 6368.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 23.
Voting nay: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 25.
Excused: Senator McCaslin - 1.
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6368 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
Senator Tim Sheldon moved that further consideration of Engrossed Substitute Senate Bill No. 6368 be deferred.
Senator Snyder demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the motion by Senator Tim Sheldon to defer further consideration of Engrossed Substitute Senate Bill No. 6368.
ROLL CALL
The Secretary called the roll on the motion by Senator Tim Sheldon to defer further consideration of Engrossed Substitute Senate Bill No. 6368 and the motion failed by the the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 22.
Voting nay: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 26.
Excused: Senator McCaslin - 1.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6368.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6368 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 1; Excused, 1.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 27.
Voting nay: Senators Benton, Carlson, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 20.
Absent: Senator Hochstatter - 1.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6368, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, Engrossed Substitute Senate Bill No. 6368 was ordered to be immediately transmitted to the House of Representatives.
MOTION
At 9:28 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Tuesday, February 19, 2002.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate