NINETY-FIFTH DAY
MORNING SESSION
Senate Chamber, Olympia, Thursday, April 14, 2005
The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brandland, Haugen, Mulliken, Oke, Parlette, Rasmussen and Sheldon.
The Sergeant at Arms Color Guard consisting of Pages Carson Bowlin and Sara Smith, presented the Colors. Reverend Erika Macs, Campus Minister at The Evergreen State College sponsored by Thurston County Ministries in Higher Education, offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
April 13, 2005
SB 6104 Prime Sponsor, Haugen: Expediting new vessel construction for Washington State Ferries. Reported by Committee on Transportation
MAJORITY recommendation: That Substitute Senate Bill No. 6104 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Eide, Kastama, Spanel, Swecker and Weinstein
MINORITY recommendation: Without recommendation. Signed by Senators Benson and Mulliken
Passed to Committee on Rules for second reading.
April 13, 2005
SGA 9297 LIZ LUCE, appointed March 30, 2005, for the term ending at the governor's pleasure, as a Director of the Department of Licensing. Reported by Committee on Transportation
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Benson, Kastama, Mulliken, Spanel, Swecker and Weinstein
Passed to Committee on Rules for second reading.
April 13, 2005
SGA 9324 JOHN BATISTE, appointed February 14, 2005, for the term ending at the governor's pleasure, as Chief of the Washington State Patrol. Reported by Committee on Transportation
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Benson, Kastama, Mulliken, Spanel, Swecker and Weinstein
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 12, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
HOUSE CONCURRENT RESOLUTION NO. 4409,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
There being no objection, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6127 by Senators Fraser, Jacobsen, Roach, Shin and Regala
AN ACT Relating to the postretirement employment sixty percent cap on retirement allowances under the public employees' and teachers' retirement systems; amending RCW 41.40.185, 41.32.498, 41.32.570, and 41.40.037; reenacting and amending RCW 41.40.037; creating a new section; providing effective dates; providing an expiration date; and declaring an emergency.
Referred to Committee on Ways & Means.
HCR 4409 by Representatives Kagi and Chase
Creating the homeowners' association act committee.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of House Concurrent Resolution No. 4409 which was placed on the second reading calendar under suspension of the rules.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1210, by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives B. Sullivan, Buck, Blake, Kretz, Upthegrove, Eickmeyer, Orcutt and Morrell)
Providing for temporary combination fishing licenses.
The measure was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1210 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Jacobsen spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senators Brandland, Mulliken, Oke, Parlette and Pflug were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1210.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1210 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42
Absent: Senators Haugen, Rasmussen and Sheldon - 3
Excused: Senators Brandland, Mulliken, Oke and Parlette - 4
SUBSTITUTE HOUSE BILL NO. 1210, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Regala, Senators Haugen, Rasmussen and Sheldon were excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1003, by Representatives Hinkle, B. Sullivan, Curtis, Campbell, Blake, Dunn and Condotta
Allowing off-road vehicles on nonhighway roads.
The measure was read the second time.
MOTION
Senator Jacobsen moved that the following committee striking amendment by the Committee on Natural Resources, Ocean & Recreation be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that off-road recreational vehicles (ORVs) provide opportunities for a wide variety of outdoor recreation activities. The legislature further finds that the limited amount of ORV recreation areas presents a challenge for ORV recreational users, natural resource land managers, and private landowners. The legislature further finds that many nonhighway roads provide opportunities for ORV use and that these opportunities may reduce conflicts between users and facilitate responsible ORV recreation. However, restrictions intended for motor vehicles may prevent ORV use on certain roads, including forest service roads. Therefore, the legislature finds that local, state, and federal jurisdictions should be given the flexibility to allow ORV use on nonhighway roads they own and manage or for which they are authorized to allow public ORV use under an easement granted by the owner. Nothing in this act authorizes trespass on private property.
Sec. 2. RCW 46.09.010 and 1972 ex.s. c 153 s 2 are each amended to read as follows:
The provisions of this chapter shall apply to all lands in this state. Nothing in this chapter ((43.09 RCW)), RCW ((67.32.050, 67.32.080, 67.32.100, 67.32.130 or 67.32.140)) 79A.35.040, 79A.35.070, 79A.35.090, 79A.35.110, and 79A.35.120 shall be deemed to grant to any person the right or authority to enter upon private property without permission of the property owner.
Sec. 3. RCW 46.09.120 and 2003 c 377 s 1 are each amended to read as follows:
(1) It is a traffic infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of another;
(b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;
(c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
(d) Without a spark arrester approved by the department of natural resources;
(e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
(iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;
(g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail, when these are restricted to pedestrian or animal travel; ((and))
(i) On any public lands in violation of rules and regulations of the agency administering such lands; and
(j) On a private nonhighway road in violation of section 4(3) of this act.
(2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.
(3)(a) Except for an off-road vehicle equipped with seat belts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an off-road vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For purposes of this section, "motorcycle helmet" has the same meaning as provided in RCW 46.37.530.
(b) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on his or her own land.
(c) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on agricultural lands owned or leased by the off-road vehicle operator or the operator's employer.
NEW SECTION. Sec. 4. A new section is added to chapter 46.09 RCW to read as follows:
(1) Except as otherwise provided in this section, it is lawful to operate an off-road vehicle upon a nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority responsible for the management of the nonhighway road authorizes the use of off-road vehicles.
(2) Operations of an off-road vehicle on a nonhighway road under this section is exempt from licensing requirements of RCW 46.16.010 and vehicle lighting and equipment requirements of chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.
(4) Nothing in this section authorizes trespass on private property.
NEW SECTION. Sec. 5. A new section is added to chapter 46.09 RCW to read as follows:
(1) Except as specified in subsection (2) of this section, no person under thirteen years of age may operate an off-road vehicle on or across a highway or nonhighway road in this state.
(2) Persons under thirteen years of age may operate an off-road vehicle on a nonhighway road designated for off-road vehicle use under the direct supervision of a person eighteen years of age or older possessing a valid license to operate a motor vehicle under chapter 46.20 RCW.
Sec. 6. RCW 46.16.010 and 2003 c 353 s 8 and 2003 c 53 s 238 are each reenacted and amended to read as follows:
(1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided.
(2) Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof must be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred.
(3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
(4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail and a fine equal to twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in the county jail and a fine equal to four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred;
(c) For fines levied under (b) of this subsection, an amount equal to the avoided taxes and fees owed will be deposited in the vehicle licensing fraud account created in the state treasury;
(d) The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion.
(5) These provisions shall not apply to the following vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Off-road vehicles operating on nonhighway roads under section 4 of this act;
(d) Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law;
(((d))) (e) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation;
(((e))) (f) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve: PROVIDED FURTHER, That these provisions shall not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;
(((f))) (g) "Special highway construction equipment" defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (i) are in excess of the legal width, or (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface.
Exclusions:
"Special highway construction equipment" does not include any of the following:
Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(6) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar.
Sec. 7. RCW 46.37.010 and 1997 c 241 s 14 are each amended to read as follows:
(1) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in violation of this chapter or the state patrol's regulations, or for any person to do any act forbidden or fail to perform any act required under this chapter or the state patrol's regulations.
(2) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.
(3) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
(4) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.
(5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.
(6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as herein made applicable.
(7) This chapter does not apply to off-road vehicles used on nonhighway roads.
(8) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.
(((8))) (9) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.
(((9))) (10) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.
(((10))) (11) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
Senator Jacobsen spoke in favor of adoption of the committee striking amendment.
MOTION
Senator Fraser moved that the following amendment by Senator Fraser to the committee striking amendment be adopted.
On page 8, line 25 insert the following:
"NEW SECTION. Sec. 9. (1)(a) A task force on off-road vehicle noise management is established. The task force consists of the following members:
(i) Two members from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(ii) Two members from each of the two largest caucuses of the senate, appointed by the president of the senate; and
(iii) Participants invited by the legislative members, including but not limited to persons representing the following:
(A) Three county commissioners, one representing counties with a population of two hundred thousand or more people and two representing counties with populations of fewer than two hundred thousand people;
(B) A representative of port districts;
(C) A representative of the department of natural resources, selected by the commissioner of public lands;
(D) A representative of the department of ecology, selected by the director of ecology;
(E) A representative of the interagency committee for outdoor recreation, selected by the director of the committee;
(F) A representative of the parks and recreation commission, selected by the director of the commission;
(G) A person representing manufacturers of off-road vehicles;
(H) A representative of the United States forest service;
(I) Recreational users; and
(J) Interested citizens.
(b) The committee shall choose its chair from among its membership.
(2) The committee shall review the following issues:
(a) The appropriateness and enforceability of current decibel requirements for off-road vehicles;
(b) The appropriateness of any off-road vehicle usage requirements
that would minimize nuisance noise impacts on those not operating the off-road vehicle;
(c) The applicability and consistency of local ordinances concerning noise and off-road vehicle usage; and
(d) The availability of, and barriers to, using public lands or other large ownerships to create areas where off-road vehicles can be operated with minimum noise disturbance of neighbors.
(3)(a) The committee shall be staffed by the house office of program research and senate committee services.
(b) Legislative members of the committee will be reimbursed for travel expenses in accordance with RCW 44.04.120.
(4) The committee shall report its findings and recommendations in the form of draft legislation to the legislature by December 1, 2005.
(5) This section expires July 1, 2006."
Correct the title.
Senators Fraser and Morton spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 8, line 25 to the committee striking amendment to Engrossed House Bill No. 1003.
The motion by Senator Fraser carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Natural Resources, Ocean & Recreation as amended to Engrossed House Bill No. 1003.
The motion by Senator Jacobsen carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "roadways;" strike the remainder of the title and insert "amending RCW 46.09.010, 46.09.120, and 46.37.010; reenacting and amending RCW 46.16.010; adding new sections to chapter 46.09 RCW; creating a new section; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed House Bill No. 1003, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen and Morton spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senators Keiser and Thibaudeau were excused.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1003, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1003, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senator Morton - 1
Excused: Senators Mulliken, Oke, Parlette and Rasmussen - 4
ENGROSSED HOUSE BILL NO. 1003, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senators Finkbeiner, Honeyford and Johnson were excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1146, by Representatives Roach, Kirby and Simpson
Funding group life insurance.
The measure was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed House Bill No. 1146 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Fairley spoke in favor of passage of the bill.
MOTIONS
On motion of Senator Regala, Senators Brown and Kohl-Welles were excused.
On motion of Senator Schoesler, Senator Pflug was excused.
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1146.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1146 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Excused: Senators Brown, Finkbeiner, Honeyford, Johnson, Kohl-Welles, Mulliken, Oke, Parlette and Rasmussen - 9
ENGROSSED HOUSE BILL NO. 1146, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1346, by House Committee on Appropriations (originally sponsored by Representatives Buck, B. Sullivan, Kretz, DeBolt, Blake, Eickmeyer and Takko)
Improving the efficiency and predictability of the hydraulic project approval program.
The measure was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Second Substitute House Bill No. 1346 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Jacobsen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1346.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1346 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43
Excused: Senators Brown, Finkbeiner, Honeyford, Johnson, Kohl-Welles and Oke - 6
SECOND SUBSTITUTE HOUSE BILL NO. 1346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1222, by Representatives McDermott, Nixon, Ericks, Buri, Simpson, Shabro, Williams, Dickerson, Sells, Ormsby and Haigh
Increasing accountability of ballot measure petitions.
The measure was read the second time.
MOTION
Senator Roach moved that the following amendment by Senators Roach and Kastama be adopted.
On page 2, after line 7, insert "The following declaration must be printed on the reverse side of the petition:".
On page 3, after line 6, insert "The following declaration must be printed on the reverse side of the petition:".
On page 4, after line 7, insert "The following declaration must be printed on the reverse side of the petition:".
Senators Roach and Kastama spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Roach and Kastama on page 2, after line 7 to Engrossed House Bill No. 1222.
The motion by Senator Roach carried and the amendment was adopted by voice vote.
MOTION
Senator Benton moved that the following amendment by Senator Benton be adopted.
On page 2, after line 18, insert the following:
"The above name and signature shall not be public record under 42.17 RCW and shall not be made available for public inspection or copying. Any contact or correspondence with the petition signature gatherer with the intent to harass constitutes a class C felony. Additionally, any contact or correspondence with the petition signature gatherer with the intent to harass creates a civil right of action with damages not to exceed ten thousand dollars, and reasonable attorney's fees."
On page 3, after line 17, insert the following:
"The above name and signature shall not be public record under 42.17 RCW and shall not be made available for public inspection or copying. Any contact or correspondence with the petition signature gatherer with the intent to harass constitutes a class C felony. Additionally, any contact or correspondence with the petition signature gatherer with the intent to harass creates a civil right of action with damages not to exceed ten thousand dollars, and reasonable attorney's fees."
On page 4, after line 18, insert the following:
"The above name and signature shall not be public record under 42.17 RCW and shall not be made available for public inspection or copying. Any contact or correspondence with the petition signature gatherer with the intent to harass constitutes a class C felony. Additionally, any contact or correspondence with the petition signature gatherer with the intent to harass creates a civil right of action with damages not to exceed ten thousand dollars, and reasonable attorney's fees."
Senator Benton spoke in favor of adoption of the amendment.
PARLIAMENTARY INQUIRY
Senator Kline: “Mr. President, I see in amendment number 560 in each of it’s three iterations on the page, three sentences. The first two, conceivably, are related. They both refer to publication of the name and contact or correspondence with the signature gatherer whose name that is. The third sentence, however, is clearly a second subject and I ask whether in effect this amendment contains two subjects in and of itself? One of which may be, arguably, related to underlying bill, the other clearly not.”
MOTION
On motion of Senator Eide, further consideration of Engrossed House Bill No. 1222 was deferred and the bill held its place on the second reading calendar.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1895, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Hudgins, McCoy and B. Sullivan)
Modifying duties of the joint committee on energy supply and energy conservation.
The measure was read the second time.
MOTION
Senator Poulsen moved that the following committee striking amendment by the Committee on Water, Energy & Environment be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 44.39.010 and 2001 c 214 s 30 are each amended to read as follows:
There is hereby created the joint committee on energy supply ((of the legislature of the state of Washington)) and energy conservation.
Sec. 2. RCW 44.39.070 and 2002 c 192 s 1 are each amended to read as follows:
(1) The committee shall meet and function at the following times: (a) At least once per year or at anytime upon the call of the chair to receive information related to the state or regional energy supply situation; (b) during a condition of energy supply alert or energy emergency; and (c) upon the call of the chair, in response to gubernatorial action to terminate such a condition. Upon the declaration by the governor of a condition of energy supply alert or energy emergency, the committee ((on energy supply)) shall meet to receive any plans proposed by the governor for programs, controls, standards, and priorities for the production, allocation, and consumption of energy during any current or anticipated condition of energy supply alert or energy emergency, any proposed plans for the suspension or modification of existing rules of the Washington Administrative Code, and any other relevant matters the governor deems desirable. The committee shall review such plans and matters and shall transmit its recommendations to the governor for review. The committee may review any voluntary programs or local or regional programs for the production, allocation, or consumption of energy which have been submitted to the committee.
(2) The committee shall receive any request from the governor for the approval of a declaration of a condition of energy emergency as provided in RCW 43.21G.040 as now or hereafter amended and shall either approve or disapprove such request.
(3) During a condition of energy supply alert, the committee shall: (a) Receive any request from the governor for an extension of the condition of energy supply alert for an additional period of time not to exceed ninety consecutive days and the findings upon which such request is based; (b) receive any request from the governor for subsequent extensions of the condition of energy supply alert for an additional period of time not to exceed one hundred twenty consecutive days and the findings upon which such a request is based; and (c) either approve or disapprove the requested extensions. When approving a request, the committee may specify a longer period than requested, up to ninety days for initial extensions and one hundred twenty days for additional extensions.
(4) During a condition of energy emergency the committee shall: (a) Receive any request from the governor for an extension of the condition of energy emergency for an additional period of time not to exceed forty-five consecutive days and the finding upon which any such request is based; (b) receive any request from the governor for subsequent extensions of the condition of energy emergency for an additional period of time not to exceed sixty consecutive days and the findings upon which such a request is based; and (c) either approve or disapprove the requested extensions. When approving a request, the committee may specify a longer period than requested, up to forty-five days for initial extensions and sixty days for additional extensions.
NEW SECTION. Sec. 3. It is the intent of the legislature to utilize lessons learned from efforts to conserve energy usage in single state buildings or complexes and extend conservation measures across all levels of government. Implementing conservation measures across all levels of government will create actual energy conservation savings, maintenance and cost savings to state and local governments, and savings to the state economy, which depends on affordable, realizable electricity to retain jobs. The legislature intends that conservation measures be identified and aggregated within a government entity or among multiple government entities to maximize energy savings and project efficiencies.
NEW SECTION. Sec. 4. A new section is added to chapter 44.39 RCW to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Committee" means the joint committee on energy supply and energy conservation.
(2) "Conservation" means reduced energy consumption or energy cost, or increased efficiency in the use of energy, and activities, measures, or equipment designed to achieve such results.
NEW SECTION. Sec. 5. A new section is added to chapter 43.19 RCW to read as follows:
(1) Municipalities may conduct energy audits and implement cost-effective energy conservation measures among multiple government entities.
(2) All municipalities shall report to the department if they implemented or did not implement, during the previous biennium, cost-effective energy conservation measures aggregated among multiple government entities. The reports must be submitted to the department by September 1, 2007, and by September 1, 2009. In collecting the reports, the department shall cooperate with the appropriate associations that represent municipalities.
(3) The department shall prepare a report summarizing the reports submitted by municipalities under subsection (2) of this section and shall report to the committee by December 31, 2007, and by December 31, 2009.
(4) For the purposes of this section, the following definitions apply:
(a) "Committee" means the joint committee on energy supply and energy conservation in chapter 44.39 RCW.
(b) "Cost-effective energy conservation measures" has the meaning provided in RCW 43.19.670.
(c) "Department" means the department of general administration.
(d) "Energy audit" has the meaning provided in RCW 43.19.670.
(e) "Municipality" has the meaning provided in RCW 39.04.010.
NEW SECTION. Sec. 6. A new section is added to chapter 43.19 RCW to read as follows:
Financing to implement conservation measures, including fees charged by the department, may be carried out with bonds issued by the Washington economic development finance authority under chapter 43.163 RCW."
Senators Poulsen and Morton spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Water, Energy & Environment to Substitute House Bill No. 1895.
The motion by Senator Poulsen carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "efficiency;" strike the remainder of the title and insert "amending RCW 44.39.010 and 44.39.070; adding a new section to chapter 44.39 RCW; adding new sections to chapter 43.19 RCW; and creating a new section."
MOTION
On motion of Senator Poulsen, the rules were suspended, Substitute House Bill No. 1895, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1895, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1895, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Excused: Senators Brown, Kohl-Welles and Oke - 3
SUBSTITUTE HOUSE BILL NO. 1895, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291, by House Committee on Appropriations (originally sponsored by Representatives Cody, Bailey, Morrell, Hinkle, Green, Moeller, Kessler, Haigh, Linville, Kagi, Santos and Ormsby)
Improving patient safety practices. Revised for 2nd Substitute: Improving health care professional and health care facility patient safety practices.
The measure was read the second time.
MOTION
Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Keiser be adopted.
On page 2, after line 8, insert the following:
"Sec. 2. RCW 5.64.010 and 1975-'76 2nd ex.s. c 56 s 3 are each amended to read as follows:
(1) In any civil action against a health care provider for personal injuries which is based upon alleged professional negligence ((and which is against:
(1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatrist, chiropractor, physical therapist, psychologist, pharmacist, optician, physician's assistant, osteopathic physician's assistant, nurse practitioner, or physician's trained mobile intensive care paramedic, including, in the event such person is deceased, his estate or personal representative;
(2) An employee or agent of a person described in subsection (1) of this section, acting in the course and scope of his employment, including, in the event such employee or agent is deceased, his estate or personal representative; or
(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (1) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his employment, including, in the event such officer, director, employee, or agent is deceased, his estate or personal representative;)), or in any arbitration or mediation proceeding related to such civil action, evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible ((to prove liability for the injury)).
(2)(a) In a civil action against a health care provider for personal injuries that is based upon alleged professional negligence, or in any arbitration or mediation proceeding related to such civil action, a statement, affirmation, gesture, or conduct identified in (b) of this subsection is inadmissible as evidence if:
(i) More than twenty days before commencement of trial it was conveyed by a health care provider to the injured person, or to a person specified in RCW 7.70.065(1); and
(ii) It relates to the discomfort, pain, suffering, injury, or death of the injured person as the result of the alleged professional negligence.
(b) (a) of this subsection applies to:
(i) Any statement, affirmation, gesture, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence; or
(ii) Any statement or affirmation regarding remedial actions that may be taken to address the act or omission that is the basis for the allegation of negligence.
Sec. 3. RCW 4.24.260 and 1994 sp.s. c 9 s 701 are each amended to read as follows:
((Physicians licensed under chapter 18.71 RCW, dentists licensed under chapter 18.32 RCW, and pharmacists licensed under chapter 18.64 RCW)) Any member of a health profession listed under RCW 18.130.040 who, in good faith, makes a report, files charges, or presents evidence against another member of ((their)) a health profession based on the claimed ((incompetency or gross misconduct)) unprofessional conduct as provided in RCW 18.130.180 or inability to practice with reasonable skill and safety to consumers by reason of any physical or mental condition as provided in RCW 18.130.170 of such person before the ((medical quality assurance commission established under chapter 18.71 RCW, in a proceeding under chapter 18.32 RCW, or to the board of pharmacy under RCW 18.64.160)) agency, board, or commission responsible for disciplinary activities for the person's profession under chapter 18.130 RCW, shall be immune from civil action for damages arising out of such activities. A person prevailing upon the good faith defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
Sec. 4. RCW 18.130.160 and 2001 c 195 s 1 are each amended to read as follows:
Upon a finding, after hearing, that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the disciplining authority may consider the imposition of sanctions, taking into account any prior findings of fact under RCW 18.130.110, any stipulations to informal disposition under RCW 18.130.172, and any action taken by other in-state or out-of-state disciplining authorities, and issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific program of remedial education or treatment;
(5) The monitoring of the practice by a supervisor approved by the disciplining authority;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a designated period of time;
(8) Payment of a fine for each violation of this chapter, not to exceed five thousand dollars per violation. Funds received shall be placed in the health professions account;
(9) Denial of the license request;
(10) Corrective action;
(11) Refund of fees billed to and collected from the consumer;
(12) A surrender of the practitioner's license in lieu of other sanctions, which must be reported to the federal data bank.
Any of the actions under this section may be totally or partly stayed by the disciplining authority. In determining what action is appropriate, the disciplining authority must first consider what sanctions are necessary to protect or compensate the public. Only after such provisions have been made may the disciplining authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.
The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation entered into pursuant to this subsection shall be considered formal disciplinary action for all purposes.
NEW SECTION. Sec. 5. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse event" means any of the following events or occurrences:
(a) An unanticipated death or major permanent loss of function, not related to the natural course of a patient's illness or underlying condition;
(b) A patient suicide while the patient was under care in the hospital;
(c) An infant abduction or discharge to the wrong family;
(d) Sexual assault or rape of a patient or staff member while in the hospital;
(e) A hemolytic transfusion reaction involving administration of blood or blood products having major blood group incompatibilities;
(f) Surgery performed on the wrong patient or wrong body part;
(g) A failure or major malfunction of a facility system such as the heating, ventilation, fire alarm, fire sprinkler, electrical, electronic information management, or water supply which affects any patient diagnosis, treatment, or care service within the facility; or
(h) A fire which affects any patient diagnosis, treatment, or care area of the facility.
The term does not include an incident.
(2) "Ambulatory surgical facility" means any distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization, whether or not the facility is certified under Title XVIII of the federal social security act.
(3) "Childbirth center" means a facility licensed under chapter 18.46 RCW.
(4) "Correctional medical facility" means a part or unit of a correctional facility operated by the department of corrections under chapter 72.10 RCW that provides medical services for lengths of stay in excess of twenty-four hours to offenders.
(5) "Department" means the department of health.
(6) "Health care worker" means an employee, independent contractor, licensee, or other individual who is directly involved in the delivery of health services in a medical facility.
(7) "Hospital" means a facility licensed under chapter 70.41 RCW.
(8) "Incident" means an event, occurrence, or situation involving the clinical care of a patient in a medical facility which:
(a) Results in unanticipated injury to a patient that is less severe than death or major permanent loss of function and is not related to the natural course of the patient's illness or underlying condition; or
(b) Could have injured the patient but did not either cause an unanticipated injury or require the delivery of additional health care services to the patient.
The term does not include an adverse event.
(9) "Medical facility" means an ambulatory surgical facility, childbirth center, hospital, psychiatric hospital, or correctional medical facility.
(10) "Psychiatric hospital" means a hospital facility licensed as a psychiatric hospital under chapter 71.12 RCW.
NEW SECTION. Sec. 6. (1) Each medical facility shall report to the department the occurrence of any adverse event. The report must be submitted to the department within forty-five days after occurrence of the event has been confirmed.
(2) The report shall be filed in a format specified by the department after consultation with medical facilities. It shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. This provision does not modify the duty of a hospital to make a report to the department of health or a disciplinary authority if a licensed practitioner has committed unprofessional conduct as defined in RCW 18.130.180.
(3) Any medical facility or health care worker may report an incident to the department. The report shall be filed in a format specified by the department after consultation with medical facilities and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. This provision does not modify the duty of a hospital to make a report to the department of health or a disciplinary authority if a licensed practitioner has committed unprofessional conduct as defined in RCW 18.130.180.
(4) If, in the course of investigating a complaint received from an employee of a licensed medical facility, the department determines that the facility has not undertaken efforts to investigate the occurrence of an adverse event, the department shall direct the facility to undertake an investigation of the event. If a complaint related to a potential adverse event involves care provided in an ambulatory surgical facility, the department shall notify the facility and request that they undertake an investigation of the event. The protections of RCW 43.70.075 apply to complaints related to adverse events or incidents that are submitted in good faith by employees of medical facilities.
NEW SECTION. Sec. 7. The department shall:
(1) Receive reports of adverse events and incidents under section 6 of this act;
(2) Investigate adverse events;
(3) Establish a system for medical facilities and the health care workers of a medical facility to report adverse events and incidents, which shall be accessible twenty-four hours a day, seven days a week;
(4) Adopt rules as necessary to implement this act;
(5) Directly or by contract:
(a) Collect, analyze, and evaluate data regarding reports of adverse events and incidents, including the identification of performance indicators and patterns in frequency or severity at certain medical facilities or in certain regions of the state;
(b) Develop recommendations for changes in health care practices and procedures, which may be instituted for the purpose of reducing the number and severity of adverse events and incidents;
(c) Directly advise reporting medical facilities of immediate changes that can be instituted to reduce adverse events and incidents;
(d) Issue recommendations to medical facilities on a facility-specific or on a statewide basis regarding changes, trends, and improvements in health care practices and procedures for the purpose of reducing the number and severity of adverse events and incidents. Prior to issuing recommendations, consideration shall be given to the following factors: Expectation of improved quality care, implementation feasibility, other relevant implementation practices, and the cost impact to patients, payers, and medical facilities. Statewide recommendations shall be issued to medical facilities on a continuing basis and shall be published and posted on the department's publicly accessible web site. The recommendations made to medical facilities under this section shall not be considered mandatory for licensure purposes unless they are adopted by the department as rules pursuant to chapter 34.05 RCW; and
(e) Monitor implementation of reporting systems addressing adverse events or their equivalent in other states and make recommendations to the governor and the legislature as necessary for modifications to this chapter to keep the system as nearly consistent as possible with similar systems in other states;
(6) Report no later than January 1, 2007, and annually thereafter to the governor and the legislature on the department's activities under this act in the preceding year. The report shall include:
(a) The number of adverse events and incidents reported by medical facilities on a geographical basis and their outcomes;
(b) The information derived from the data collected including any recognized trends concerning patient safety; and
(c) Recommendations for statutory or regulatory changes that may help improve patient safety in the state.
The annual report shall be made available for public inspection and shall be posted on the department's web site;
(7) Conduct all activities under this section in a manner that preserves the confidentiality of documents, materials, or information made confidential by section 9 of this act.
NEW SECTION. Sec. 8. (1) Medical facilities licensed by the department shall have in place policies to assure that, when appropriate, information about unanticipated outcomes is provided to patients or their families or any surrogate decision makers identified pursuant to RCW 7.70.065. Notifications of unanticipated outcomes under this section do not constitute an acknowledgment or admission of liability, nor can the fact of notification or the content disclosed be introduced as evidence in a civil action.
(2) Beginning January 1, 2006, the department shall, during the survey of a licensed medical facility, ensure that the policy required in subsection (1) of this section is in place.
NEW SECTION. Sec. 9. When a report of an adverse event or incident under section 6 of this act is made by or through a coordinated quality improvement program under RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, information and documents, including complaints and incident reports, created specifically for and collected and maintained by a quality improvement committee for the purpose of preparing a report of an adverse event or incident shall be subject to the confidentiality protections of those laws and RCW 42.17.310(1)(hh)."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 6, after line 14, insert the following:
"NEW SECTION. Sec. 11. Sections 5 through 9 of this act constitute a new chapter in Title 70 RCW."
Renumber the remaining section consecutively and correct any internal references accordingly.
Senator Thibaudeau spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Thibaudeau and Keiser on page 2, after line 8 to Engrossed Second Substitute House Bill No. 1291.
The motion by Senator Thibaudeau carried and the amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted.
On page 1, line 2 of the title, after "amending RCW" strike "43.70.110" and insert "5.64.010, 4.24.260, 18.130.160, 43.70.110," and on line 4, after "RCW;" insert "adding a new chapter to Title 70 RCW;"
MOTION
Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Keiser be adopted.
On page 4, line 18, strike "shall" and insert "may".
WITHDRAWAL OF AMENDMENT
On motion of Senator Thibaudeau, the amendment by Senators Thibaudeau and Keiser to Engrossed Second Substitute House Bill No. 1291 was withdrawn.
MOTION
Senator Thibaudeau moved that the following amendment by Senators Thibaudeau and Keiser be adopted.
On page 4, line 18, strike "shall" and insert "may".
Senator Thibaudeau spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Thibaudeau and Keiser on page 4, line 18 to Engrossed Second Substitute House Bill No. 1291.
The motion by Senator Thibaudeau carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Second Substitute House Bill No. 1291, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Thibaudeau spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1291, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1291, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28
Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens and Zarelli - 20
Excused: Senator Oke - 1
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The Senate resumed consideration of Engrossed House Bill No. 1222 which had been deferred earlier in the day.
MOTION
On motion of Senator Kline, the point of order by Senator Kline to the amendment by Senator Benton on page 2, line 18 to Engrossed House Bill No. 1222 was withdrawn.
WITHDRAWAL OF AMENDMENTS
On motion of Senator Benton, the amendment by Senator Benton on page 2, line 18 to Engrossed House Bill No. 1222 was withdrawn.
On motion of Senator Benton, the amendment by Senator Benton on page 2, line 18 to Engrossed House Bill No. 1222 was withdrawn.
MOTION
Senator Benton moved that the following amendment by Senators Benton, Kastama and Kline be adopted.
On page 2, after line 18, insert the following:
"Any contact with the petition signature gatherer that constitutes harassment under RCW 9A.46.020 is a gross misdemeanor. This penalty does not preclude the victim from seeking any other remedy otherwise available under law."
On page 3, after line 17, insert the following:
"Any contact with the petition signature gatherer that constitutes harassment under RCW 9A.46.020 is a gross misdemeanor. This penalty does not preclude the victim from seeking any other remedy otherwise available under law."
On page 4, after line 18, insert the following:
"Any contact with the petition signature gatherer that constitutes harassment under RCW 9A.46.020 is a gross misdemeanor. This penalty does not preclude the victim from seeking any other remedy otherwise available under law."
Renumber the sections consecutively and correct any internal references accordingly.
Senators Benton and Kline spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Kastama and Kline on page 2, after line 18 to Engrossed House Bill No. 1222.
The motion by Senator Benton carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Kastama, the rules were suspended, Engrossed House Bill No. 1222, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
POINT OF ORDER
Senator Sheldon: “The state constitution reserves the first power of the people is the initiative. Engrossed House Bill 1222 imposes a requirement on petitions for initiatives. The initiative process is set forth in Washington’s Constitution, Article 2, Section 1, sub 1, which explicitly sets forth the requirements for initiatives petitions and does not contain a requirement that the petition must contain an attestation by the petition gatherer that the signatures were legally gathered. Thus, this bill should be in a form of a joint resolution amending the constitution and not a statutory amendment. Mr. President, in the Washington State Constitution, as I mentioned, in Section 1, sub 1 there’s many, many provisions of our constitution that relate to the initiative process and in the index portion of our constitution – I won’t read all those and numerate them – but there are many, many provisions that are in the constitution. I believe that this bill would illegally amend, try to, attempts to, amend the Washington State Constitution and is in the wrong form. As I mentioned, it should be a joint resolution amending the constitution and that would be the only proper form before us.”
Senator Kline spoke against the point of order.
REPLY BY THE PRESIDENT
President Owen: “Senator Sheldon, the President believes that he has just recently addressed this same issue. That the issue of constitutionality of a measure is not one that the President would rule on, that he has consistently ruled that that is an issue to be determined by the courts. The Legislature, the Senate can forward a bill in whatever form they choose but it is for the courts to determine, not the President, whether or not that is a constitutional issue or not. Therefore your point is not well taken.”
POINT OF ORDER
Senator Sheldon: “Mr. President, if I might? Does your ruling address the issue of how the bill is before us, whether it’s a constitutional, as a joint resolution or a statutory amendment?”
REPLY BY THE PRESIDENT
President Owen: “That is not an issue for the President to determine of what form you wish to forward a measure. That is for the courts to determine. Whether or not it is appropriate or not.”
The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 1222, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1222, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 3; Excused, 1.
Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 32
Voting nay: Senators Benson, Benton, Carrell, Deccio, Delvin, Hewitt, Johnson, McCaslin, Morton, Mulliken, Sheldon, Stevens and Zarelli - 13
Absent: Senators Finkbeiner, Honeyford and Parlette - 3
Excused: Senator Oke - 1
ENGROSSED HOUSE BILL NO. 1222, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2060, by House Committee on Health Care (originally sponsored by Representatives Cody, Schual-Berke, Appleton, Morrell, Moeller, Green, Clibborn, Kenney, Upthegrove, Conway, Chase, Darneille, Haigh and Santos)
Expanding participation in state purchased health care programs.
The measure was read the second time.
MOTION
Senator Deccio moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.41.100 and 2001 c 196 s 3 are each amended to read as follows:
(1) The following persons who are residents of this state are eligible for pool coverage:
(a) Any person who provides evidence of a carrier's decision not to accept him or her for enrollment in an individual health benefit plan as defined in RCW 48.43.005, or of the health care authority administrator's decision not to accept him or her for enrollment in the basic health plan as a nonsubsidized enrollee, based upon, and within ninety days of the receipt of, the results of the standard health questionnaire designated by the board and administered by health carriers under RCW 48.43.018 or the administrator of the health care authority under section 3 of this act;
(b) Any person who continues to be eligible for pool coverage based upon the results of the standard health questionnaire designated by the board and administered by the pool administrator pursuant to subsection (3) of this section;
(c) Any person who resides in a county of the state where no carrier or insurer eligible under chapter 48.15 RCW offers to the public an individual health benefit plan other than a catastrophic health plan as defined in RCW 48.43.005 at the time of application to the pool, and who makes direct application to the pool; and
(d) Any medicare eligible person upon providing evidence of rejection for medical reasons, a requirement of restrictive riders, an up-rated premium, or a preexisting conditions limitation on a medicare supplemental insurance policy under chapter 48.66 RCW, the effect of which is to substantially reduce coverage from that received by a person considered a standard risk by at least one member within six months of the date of application.
(2) The following persons are not eligible for coverage by the pool:
(a) Any person having terminated coverage in the pool unless (i) twelve months have lapsed since termination, or (ii) that person can show continuous other coverage which has been involuntarily terminated for any reason other than nonpayment of premiums. However, these exclusions do not apply to eligible individuals as defined in section 2741(b) of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b));
(b) Any person on whose behalf the pool has paid out one million dollars in benefits;
(c) Inmates of public institutions and persons whose benefits are duplicated under public programs. However, these exclusions do not apply to eligible individuals as defined in section 2741(b) of the federal health insurance portability and accountability act of 1996 (42 U.S.C. Sec. 300gg-41(b));
(d) Any person who resides in a county of the state where any carrier or insurer regulated under chapter 48.15 RCW offers to the public an individual health benefit plan other than a catastrophic health plan as defined in RCW 48.43.005 at the time of application to the pool and who does not qualify for pool coverage based upon the results of the standard health questionnaire, or pursuant to subsection (1)(d) of this section.
(3) When a carrier or insurer regulated under chapter 48.15 RCW begins to offer an individual health benefit plan in a county where no carrier had been offering an individual health benefit plan:
(a) If the health benefit plan offered is other than a catastrophic health plan as defined in RCW 48.43.005, any person enrolled in a pool plan pursuant to subsection (1)(c) of this section in that county shall no longer be eligible for coverage under that plan pursuant to subsection (1)(c) of this section, but may continue to be eligible for pool coverage based upon the results of the standard health questionnaire designated by the board and administered by the pool administrator. The pool administrator shall offer to administer the questionnaire to each person no longer eligible for coverage under subsection (1)(c) of this section within thirty days of determining that he or she is no longer eligible;
(b) Losing eligibility for pool coverage under this subsection (3) does not affect a person's eligibility for pool coverage under subsection (1)(a), (b), or (d) of this section; and
(c) The pool administrator shall provide written notice to any person who is no longer eligible for coverage under a pool plan under this subsection (3) within thirty days of the administrator's determination that the person is no longer eligible. The notice shall: (i) Indicate that coverage under the plan will cease ninety days from the date that the notice is dated; (ii) describe any other coverage options, either in or outside of the pool, available to the person; (iii) describe the procedures for the administration of the standard health questionnaire to determine the person's continued eligibility for coverage under subsection (1)(b) of this section; and (iv) describe the enrollment process for the available options outside of the pool.
Sec. 2. RCW 70.47.020 and 2004 c 192 s 1 are each amended to read as follows:
As used in this chapter:
(1) "Washington basic health plan" or "plan" means the system of enrollment and payment for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.
(2) "Administrator" means the Washington basic health plan administrator, who also holds the position of administrator of the Washington state health care authority.
(3) "Health coverage tax credit program" means the program created by the Trade Act of 2002 (P.L. 107-210) that provides a federal tax credit that subsidizes private health insurance coverage for displaced workers certified to receive certain trade adjustment assistance benefits and for individuals receiving benefits from the pension benefit guaranty corporation.
(4) "Health coverage tax credit eligible enrollee" means individual workers and their qualified family members who lose their jobs due to the effects of international trade and are eligible for certain trade adjustment assistance benefits; or are eligible for benefits under the alternative trade adjustment assistance program; or are people who receive benefits from the pension benefit guaranty corporation and are at least fifty-five years old.
(5) "Managed health care system" means: (a) Any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by contract basic health care services, as defined by the administrator and rendered by duly licensed providers, to a defined patient population enrolled in the plan and in the managed health care system; or (b) a self-funded or self-insured method of providing insurance coverage to subsidized enrollees provided under RCW 41.05.140 and subject to the limitations under RCW 70.47.100(7).
(6) "Subsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children: (a) Who is not eligible for medicare; (b) who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator; (c) who resides in an area of the state served by a managed health care system participating in the plan; (d) whose gross family income at the time of enrollment does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services; and (e) who chooses to obtain basic health care coverage from a particular managed health care system in return for periodic payments to the plan. To the extent that state funds are specifically appropriated for this purpose, with a corresponding federal match, "subsidized enrollee" also means an individual, or an individual's spouse or dependent children, who meets the requirements in (a) through (c) and (e) of this subsection and whose gross family income at the time of enrollment is more than two hundred percent, but less than two hundred fifty-one percent, of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services.
(7) "Nonsubsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children: (a) Who is not eligible for medicare; (b) who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator; (c) who, under section 3 of this act, is not required to complete the standard health questionnaire or does not qualify for coverage under the Washington state health insurance pool based upon the results of the standard health questionnaire; (d) who resides in an area of the state served by a managed health care system participating in the plan; (((d))) (e) who chooses to obtain basic health care coverage from a particular managed health care system; and (((e))) (f) who pays or on whose behalf is paid the full costs for participation in the plan, without any subsidy from the plan.
(8) "Subsidy" means the difference between the amount of periodic payment the administrator makes to a managed health care system on behalf of a subsidized enrollee plus the administrative cost to the plan of providing the plan to that subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).
(9) "Premium" means a periodic payment((, based upon gross family income)) which an individual, their employer or another financial sponsor makes to the plan as consideration for enrollment in the plan as a subsidized enrollee, a nonsubsidized enrollee, or a health coverage tax credit eligible enrollee.
(10) "Rate" means the amount, negotiated by the administrator with and paid to a participating managed health care system, that is based upon the enrollment of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees in the plan and in that system.
NEW SECTION. Sec. 3. A new section is added to chapter 70.47 RCW to read as follows:
(1) Except as provided in (a) through (e) of this subsection, the administrator shall require any person seeking enrollment in the basic health plan as a nonsubsidized enrollee to complete the standard health questionnaire designated under chapter 48.41 RCW.
(a) If a person is seeking enrollment in the basic health plan as a nonsubsidized enrollee due to his or her change of residence from one geographic area in Washington state to another geographic area in Washington state where his or her current health plan is not offered, completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of relocation.
(b) If a person is seeking enrollment in the basic health plan as a nonsubsidized enrollee:
(i) Because a health care provider with whom he or she has an established care relationship and from whom he or she has received treatment within the past twelve months is no longer part of the provider network under his or her existing Washington individual health benefit plan; and
(ii) His or her health care provider is part of a managed health care system's provider network; and
(iii) Application for enrollment in the basic health plan as a nonsubsidized enrollee under that managed health care system's provider network is made within ninety days of his or her provider leaving the previous carrier's provider network; then completion of the standard health questionnaire shall not be a condition of coverage.
(c) If a person is seeking enrollment in the basic health plan as a nonsubsidized enrollee due to his or her having exhausted continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of exhaustion of continuation coverage. The administrator shall accept an application without a standard health questionnaire from a person currently covered by such continuation coverage if application is made within ninety days prior to the date the continuation coverage would be exhausted and the effective date of the basic health plan coverage applied for is the date the continuation coverage would be exhausted, or within ninety days thereafter.
(d) If a person is seeking enrollment in the basic health plan as a nonsubsidized enrollee due to his or her receiving notice that his or her coverage under a conversion contract is discontinued, completion of the standard health questionnaire shall not be a condition of coverage if application for coverage is made within ninety days of discontinuation of eligibility under the conversion contract. The administrator shall accept an application without a standard health questionnaire from a person currently covered by such conversion contract if application is made within ninety days prior to the date eligibility under the conversion contract would be discontinued and the effective date of the basic health plan coverage applied for is the date eligibility under the conversion contract would be discontinued, or within ninety days thereafter.
(e) If a person is seeking enrollment in the basic health plan as a nonsubsidized enrollee and, but for the number of persons employed by his or her employer, would have qualified for continuation coverage provided under 29 U.S.C. Sec. 1161 et seq., completion of the standard health questionnaire shall not be a condition of coverage if: (i) Application for coverage is made within ninety days of a qualifying event as defined in 29 U.S.C. Sec. 1163; and (ii) the person had at least twenty-four months of continuous group coverage immediately prior to the qualifying event. The administrator shall accept an application without a standard health questionnaire from a person with at least twenty-four months of continuous group coverage if application is made no more than ninety days prior to the date of a qualifying event and the effective date of the basic health plan coverage applied for is the date of the qualifying event, or within ninety days thereafter.
(2) If, based upon the results of the standard health questionnaire, the person qualifies for coverage under the Washington state health insurance pool, the following shall apply:
(a) The administrator shall not accept the person's application for enrollment in the basic health plan as a nonsubsidized enrollee; and
(b) Within fifteen business days of receipt of a completed application, the administrator shall provide written notice of the decision not to accept the person's application for enrollment in the basic health plan as a nonsubsidized enrollee to both the person and the administrator of the Washington state health insurance pool. The notice to the person shall state that the person is eligible for health insurance provided by the Washington state health insurance pool, and shall include information about the Washington state health insurance pool and an application for such coverage. If the administrator does not provide or postmark such notice within fifteen business days, the application for enrollment in the basic health plan as a nonsubsidized enrollee is deemed approved."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 48.41.100 and 70.47.020; and adding a new section to chapter 70.47 RCW."
Senator Keiser spoke in favor of adoption of the committee striking amendment.
MOTION
Senator Deccio moved that the following amendment by Senators Deccio, Parlette and Brandland be to the committee striking amendment adopted.
On page 7, after line 24 of the amendment, insert the following:
"NEW SECTION. Sec. 4. For purposes of this chapter "small employer" and "carrier" have the same meaning as in RCW 48.43.005.
NEW SECTION. Sec. 5. By January 1, 2007, the health care authority established under chapter 41.05 RCW shall implement a program to assist small employers in providing meaningful health care coverage to their employees and employees' dependents. The program shall:
(1) Offer a choice of health benefit plans at varying prices that are consistent with the requirements of section 6 of this act, including a high deductible plan that may be used in conjunction with a health savings account;
(2) Require an affordable premium contribution from participating employers and employees, subsidized as available federal, state, local, or other funding allows and if necessary to provide meaningful coverage;
(3) Be designed to: (a) Encourage small employers that do not offer health coverage to do so, and discourage those that offer coverage from dropping it in favor of the small employer assistance program; (b) meet the needs of small employers in different areas of the state; and (c) meet the needs of small employers with differing work force characteristics;
(4) Use appropriate and effective risk management mechanisms where they would reduce the cost of coverage;
(5) Collaborate with and make maximum use of existing federal, state, local, and other programs providing coverage or health care to the uninsured, particularly those who are employed by small employers.
Initially, the program may be offered in limited areas of the state, but if so, the health care authority shall develop a plan for expanding the program statewide.
NEW SECTION. Sec. 6. Any health benefit plan offered under the small employer assistance program shall reflect the conscientious, explicit, and judicious use of current best information and data with regard to patient care. In designing the schedule of benefits and cost sharing, the authority shall:
(1) Include preventive care services, based on the recommendations of the United States preventive services task force, with minimal enrollee cost sharing;
(2) Include other benefits determined to be the most efficacious and cost-effective within the limits affordable to small employers and their employees, given the available subsidy;
(3) Structure enrollee cost sharing to discourage demand for inappropriate or unnecessary treatment, encourage enrollee responsibility, including the use of efficacious and cost-effective services and products, and promote quality care.
A carrier may offer any health benefit plan available under the small employer assistance program to any small employer, whether through the small employer assistance program or otherwise.
NEW SECTION. Sec. 7. In contracting with a carrier to offer coverage under the small employer assistance program, the health care authority shall ensure that the carrier:
(1) Actively educates enrollees regarding responsible health care decision making and encourages their engagement in health promotion and wellness activities and their receipt of appropriate preventive services;
(2) Actively seeks to identify and encourage appropriate, efficacious, and cost-effective care by its providers based on evidence of best practices and promotes the use of quality providers by its enrollees;
(3) Actively seeks to identify enrollees with, or with the potential for, chronic or other high-cost conditions and provides them coordinated care through disease and demand management programs;
(4) Actively encourages innovative, efficient, and patient-centered facility designs and service delivery methods that improve enrollee access to care and health outcomes.
If the health care authority implements a self-insured plan, it shall be responsible for these requirements.
NEW SECTION. Sec. 8. The activities and operations of the small employer assistance program, including carriers to the extent of their participation in the program, are exempt from the provisions and requirements of Title 48 RCW except:
(1) Carriers are subject to RCW 48.43.022, 48.43.500, 48.43.505 through 48.43.535, 48.43.545, and 48.43.550;
(2) Persons appointed or authorized to solicit applications for enrollment in a plan offered under the small employer assistance program, including employees of the health care authority, must comply with chapter 48.17 RCW. For purposes of this section, "solicit" does not include distributing information and applications for the small employer assistance program and responding to questions; and
(3) Amounts paid to a carrier representing the premium contribution of employers and employees must comply with RCW 48.14.0201.
NEW SECTION. Sec. 9. The health care authority may implement a self-funded or self-insured method of providing insurance coverage, as provided in RCW 41.05.140, under the small employer assistance program if no carrier is willing to provide coverage under the program in a given area and the health care authority has received a certification from a member of the American academy of actuaries that the funding available in the small employer assistance self-insurance reserve account is sufficient for the self-funded or self-insured risk assumed, or expected to be assumed, by the authority.
NEW SECTION. Sec. 10. The health care authority shall consult with interested parties in its development of the small employer assistance program and shall provide a progress report on its implementation to the legislature by December 1, 2005. The report shall: (1) Identify and provide an explanation for any variance in the program design from the requirements of Title 48 RCW; (2) discuss funding options to support the subsidy of small employer program enrollees; and (3) identify any additional statutory changes necessary to meet the intent of the program.
NEW SECTION. Sec. 11. The health care authority may adopt rules to implement this chapter.
NEW SECTION. Sec. 12. (1) Beginning July 1, 2006, the health care authority may accept applications for premium assistance from individuals whose current small employer has not offered health insurance within the last six months, on behalf of themselves and their spouses and dependent children. The health care authority may determine the minimum premium contribution to be paid by small employers whose employees are participating in this premium assistance option.
(2) To the extent of funding provided in the biennial operating budget, the health care authority may make premium assistance payments to help employees pay their premium obligation for their employer's health benefit plan when:
(a) The individual seeking premium assistance, plus the individual's spouse and dependent children: (i) Is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the health care authority; (ii) has gross family income at the time of enrollment that does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services; (iii) resides within the state of Washington; and (iv) meets the definition of eligible employee as defined in RCW 48.43.005;
(b) The premium assistance paid would be less than the subsidy that would be paid if the individual, or the individual plus his or her spouse and dependent children, were to enroll in the Washington basic health plan under chapter 70.47 RCW as subsidized enrollees. The amount of an individual's premium assistance shall be determined by applying the percent of premium subsidy paid for subsidized basic health plan enrollees under RCW 70.47.060 to the employee's premium obligation for his or her employer's health benefit plan;
(c) The premium assistance enrollee agrees to provide verification of continued enrollment in his or her small employer's health benefit plan on a semiannual basis, or to notify the health care authority whenever his or her enrollment status changes, whichever is earlier. Verification or notification may be made directly by the employee, or through his or her employer or the carrier providing the small employer health benefit plan. When necessary, the health care authority has the authority to perform retrospective audits on premium assistance accounts.
(3) The health care authority may adopt standards for minimum thresholds of small employer health benefit plans for which premium assistance will be paid under this section. The office of insurance commissioner under Title 48 RCW shall certify that small employer health benefit plans meet any standards developed under this subsection.
(4) The health care authority, in consultation with small employers, carriers, and the office of insurance commissioner under Title 48 RCW, shall determine an effective and efficient method for the payment of premium assistance and adopt rules necessary for its implementation.
(5) Funds received by a family as part of participation in the adoption support program authorized under RCW 26.33.320 and 74.13.100 through 74.13.145 may not be counted toward a family's current gross family income for the purposes of this chapter. No premium assistance may be paid to an employee whose current gross family income exceeds twice the federal poverty level or who is a recipient of medical assistance or medical care services under chapter 74.09 RCW.
NEW SECTION. Sec. 13. Sections 4 through 12 of this act constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 14. (1) The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the health care authority for the fiscal year ending June 30, 2006, to carry out the purposes of this act.
(2) The sum of two hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the health care authority for the fiscal year ending June 30, 2007, to carry out the purposes of this act."
Senator Deccio spoke in favor of adoption of the amendment to the committee striking amendment.
POINT OF ORDER
Senator Keiser: “Mr. President, I request that the President rule on amendment number 580 because I believe it expands the scope and object of the bill.”
Senator Keiser spoke in favor of the point of order
Senator Deccio spoke against the point of order.
POINT OF ORDER
Senator McCaslin: “Is it proper to raise a point of order of scope and object prior to an amendment being before the body?”
REPLY BY THE PRESIDENT
President Owen: “The amendment is before us. It was moved.”
MOTION
On motion of Senator Eide, further consideration of Engrossed Substitute House Bill No. 2060 was deferred and the bill held its place on the second reading calendar.
SECOND READING
HOUSE BILL NO. 1143, by Representatives Green, Nixon, Haigh, McDermott, Hunt and Morrell
Regarding penalties for violations of the public disclosure act.
The measure was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, House Bill No. 1143 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
Senators Roach, Benson, Jacobsen and Benton spoke against passage of the bill.
MOTION
On motion of Senator Mulliken, Senators Honeyford and Parlette was excused.
The President declared the question before the Senate to be the final passage of House Bill No. 1143.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1143 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 22; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 24
Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Doumit, Esser, Finkbeiner, Hewitt, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Pflug, Poulsen, Roach, Schoesler, Stevens, Swecker and Zarelli - 22
Excused: Senators Honeyford, Oke and Parlette - 3
HOUSE BILL NO. 1143, having failed to received the constitutional majority, was declared lost.
MOTION
At 11:04 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 11:57 a.m. by the Vice President Pro Tempore.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Franklin moved adoption of the following resolution:
SENATE RESOLUTION
8676
By Senators Franklin and Regala
WHEREAS, Thomas Dixon was the second youngest of five children born to James Dixon and Hattie Dixon in Sparta, Georgia, on March 28, 1931; and
WHEREAS, Thomas Dixon honorably and respectfully served his nation through 13 years of service in the United States Air Force; and
WHEREAS, Through the course of his service to the United States Air Force, Thomas Dixon received a Bachelor of Science degree from the Sophia University in Japan; and
WHEREAS, Through the continued course of his service, Thomas Dixon was stationed at McChord Air Force base and came to reside in the city of Tacoma, Washington, after completing his duty with the Air Force; and
WHEREAS, The National Urban League was founded in 1910 in order to enable African-Americans to secure economic self-reliance, parity, power, and equal opportunity; and
WHEREAS, In 1966, Thomas Dixon was named chair of the organizing committee for the establishment of the Urban League in the City of Tacoma; and
WHEREAS, Thomas Dixon was the founding President of the Tacoma Urban League when it opened its doors to the African-American community in 1968; and
WHEREAS, Thomas Dixon, now President Emeritus of the Tacoma Urban League, dedicated more than 30 years to developing and implementing programs designed to train, inspire, empower, and provide employment and educational opportunities for the diverse populations of Tacoma; and
WHEREAS, Because of his leadership and avid interest in educational programs, Thomas Dixon was awarded an honorary doctorate degree from the University of Puget Sound in 1988; and
WHEREAS, Thomas Dixon, although officially retired from his assignments as President of the Tacoma Urban League, retains his position as the leader and prominent community icon of the City of Tacoma, the State of Washington, and parts of the nation;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby give honor and respect to Dr. Thomas Dixon for his commitment to excellence and his diligent work for the Tacoma Urban League, City of Tacoma, and the diverse communities of Washington State; and
BE IT FURTHER RESOLVED, That a copy of this resolution be transmitted to Dr. Thomas Dixon and his wife and the Executive Board of the Tacoma Urban League.
Senators Franklin, Thibaudeau, Regala and Rasmussen spoke in favor of adoption of the resolution.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8676.
The motion by Senator Franklin carried and the resolution was adopted by voice vote.
MOTION
At 12:10 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by the President Pro Tempore.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1058, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Hinkle, Moeller, Kenney and Darneille)
Revising provisions relating to mental health treatment for minors.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be not adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents.
NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:
A minor child shall have no cause of action against an evaluation and treatment facility, inpatient facility, or provider of outpatient mental health treatment for admitting or accepting the minor in good faith for evaluation or treatment under RCW 71.34.052 or 71.34.054 based solely upon the minor's lack of consent if the minor's parent has consented to the evaluation or treatment.
Sec. 3. RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility or an inpatient facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.
(3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this section solely on the basis that the minor has not consented to the treatment. No provider may admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.
(6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.
(((7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.))"
On page 1, line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; adding a new section to chapter 71.34 RCW; and creating a new section."
Senator Hargrove spoke in favor of the motion to not adopt the committee striking amendment.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Hargrove to not adopt the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1058.
The motion by Senator Hargrove carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that, despite explicit statements in statute that the consent of a minor child is not required for a parent-initiated admission to inpatient or outpatient mental health treatment, treatment providers consistently refuse to accept a minor aged thirteen or over if the minor does not also consent to treatment. The legislature intends that the parent-initiated treatment provisions, with their accompanying due process provisions for the minor, be made fully available to parents.
NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:
A minor child shall have no cause of action against an evaluation and treatment facility, inpatient facility, or provider of outpatient mental health treatment for admitting or accepting the minor in good faith for evaluation or treatment under RCW 71.34.052 or 71.34.054 based solely upon the minor's lack of consent if the minor's parent has consented to the evaluation or treatment.
Sec. 3. RCW 71.34.052 and 1998 c 296 s 17 are each amended to read as follows:
(1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility or an inpatient facility and request that the professional person examine the minor to determine whether the minor has a mental disorder and is in need of inpatient treatment.
(2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.
(3) An appropriately trained professional person may evaluate whether the minor has a mental disorder. The evaluation shall be completed within twenty-four hours of the time the minor was brought to the facility, unless the professional person determines that the condition of the minor necessitates additional time for evaluation. In no event shall a minor be held longer than seventy-two hours for evaluation. If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be held for treatment. The facility shall limit treatment to that which the professional person determines is medically necessary to stabilize the minor's condition until the evaluation has been completed. Within twenty-four hours of completion of the evaluation, the professional person shall notify the department if the child is held for treatment and of the date of admission.
(4) No provider is obligated to provide treatment to a minor under the provisions of this section except that no provider may refuse to treat a minor under the provisions of this section solely on the basis that the minor has not consented to the treatment. No provider may admit a minor to treatment under this section unless it is medically necessary.
(5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.
(6) Prior to the review conducted under RCW 71.34.025, the professional person shall notify the minor of his or her right to petition superior court for release from the facility.
(((7) For the purposes of this section "professional person" does not include a social worker, unless the social worker is certified under RCW 18.19.110 and appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.))
NEW SECTION. Sec. 4. (1) The code reviser shall recodify, as necessary, the following sections of chapter 71.34 RCW in the following order, using the indicated subchapter headings:
General
71.34.010
71.34.020
71.34.140
71.34.032
71.34.250
71.34.280
71.34.260
71.34.240
71.34.230
71.34.210
71.34.200
71.34.225
71.34.220
71.34.160
71.34.190
71.34.170
71.34.290
71.34.056
71.34.800
71.34.805
71.34.810
71.34.015
71.34.027
71.34.130
71.34.270
Minor-Initiated Treatment
71.34.042
71.34.044
71.34.046
71.34.030
Parent-Initiated Treatment
71.34.052
71.34.025
71.34.162
71.34.164
71.34.035
71.34.054
Involuntary Commitment
71.34.040
71.34.050
71.34.060
71.34.070
71.34.080
71.34.090
71.34.100
71.34.120
71.34.110
71.34.150
71.34.180
Technical
71.34.900
71.34.901
(2) The code reviser shall correct all statutory references to sections recodified by this section."
Senator Hargrove spoke in favor of adoption of the striking amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute House Bill No. 1058.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 71.34.052; adding new sections to chapter 71.34 RCW; creating a new section; and recodifying RCW 71.34.010, 71.34.020, 71.34.140, 71.34.032, 71.34.250, 71.34.280, 71.34.260, 71.34.240, 71.34.230, 71.34.210, 71.34.200, 71.34.225, 71.34.220, 71.34.160, 71.34.190, 71.34.170, 71.34.290, 71.34.056, 71.34.800, 71.34.805, 71.34.810, 71.34.015, 71.34.027, 71.34.130, 71.34.270, 71.34.042, 71.34.044, 71.34.046, 71.34.030, 71.34.052, 71.34.025, 71.34.162, 71.34.164, 71.34.035, 71.34.054, 71.34.040, 71.34.050, 71.34.060, 71.34.070, 71.34.080, 71.34.090, 71.34.100, 71.34.120, 71.34.110, 71.34.150, 71.34.180, 71.34.900, and 71.34.901."
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1058 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hargrove and Stevens spoke in favor of passage of the bill.
MOTIONS
On motion of Senator Mulliken, Senators Morton, McCaslin, Benton, Benson, Hewitt, Parlette, Johnson, Swecker, Honeyford, Kastama, Pflug, Finkbeiner and Zarelli were excused.
POINT OF ORDER
Senator Deccio: “Would you entertain a motion for a call of the senate or adjourn, one of the two, since we don’t have a quorum?”
REPLY BY THE PRESIDENT PRO TEMPORE
Senator Franklin: “Senator I don’t think that is in order. Thank you.”
MOTION
On motion of Senator Regala, Senator Fraser was excused.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1058, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1058, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42
Excused: Senators Benson, Benton, Hewitt, Honeyford, Oke, Parlette and Pflug - 7
SUBSTITUTE HOUSE BILL NO. 1058, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1261, by Representatives Morrell, Haigh, Wallace, Campbell, O'Brien, McCoy, Moeller, Kenney, Hasegawa, Green, Lantz, Flannigan, Williams, Dunshee, B. Sullivan, Kilmer, Strow, Upthegrove, Darneille, Springer, Hunt, Sells, P. Sullivan, Tom, Talcott, McCune, Serben, McDonald, Conway, Linville, Kristiansen, Chase, Ormsby, Santos and Kagi
Making the joint committee on veterans' and military affairs permanent.
The measure was read the second time.
MOTION
On motion of Senator Schmidt, the rules were suspended, House Bill No. 1261 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Schmidt, Roach, Rasmussen and Swecker spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of House Bill No. 1261.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1261 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43
Absent: Senator Finkbeiner - 1
Excused: Senators Hewitt, Honeyford, Oke, Parlette and Pflug - 5
HOUSE BILL NO. 1261, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator McCaslin, Senator Finkbeiner was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1299, by House Committee on Finance (originally sponsored by Representatives McIntire, Simpson, Morrell, McCoy, Roberts, Moeller, Wood and Chase)
Repealing outdated and unused tax preferences.
The measure was read the second time.
MOTION
Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that a number of tax exemptions, deductions, credits, and other preferences have outlived their usefulness. State records show no taxpayers have claimed relief under these tax preferences in recent years. The intent of this act is to update and simplify the tax statutes by repealing these outdated tax preferences.
Sec. 2. RCW 15.76.165 and 1973 c 117 s 1 are each amended to read as follows:
Any county which owns or leases property from another governmental agency and provides such property for area or county and district agricultural fair purposes may apply to the director for special assistance in carrying out necessary capital improvements to such property and maintenance of the appurtenances thereto((, and in the event such property and capital improvements are leased to any organization conducting an agricultural fair pursuant to chapter 15.76 RCW and chapter 257 of the Laws of 1955, such leasehold and such leased property shall be exempt from real and personal property taxation)).
Sec. 3. RCW 43.52.460 and 1971 ex.s. c 75 s 1 are each amended to read as follows:
Any joint operating agency formed under this chapter shall pay in lieu of taxes payments in the same amounts as paid by public utility districts. Such payments shall be distributed in accordance with the provisions applicable to public utility districts((: PROVIDED, HOWEVER, That such tax shall not apply to steam generated electricity produced by a nuclear steam powered electric generating facility constructed or acquired by a joint operating agency and in operation prior to May 17, 1971)).
Sec. 4. RCW 82.04.260 and 2003 2nd sp.s. c 1 s 4 and 2003 2nd sp.s. c 1 s 3 are each reenacted and amended to read as follows:
(1) Upon every person engaging within this state in the business of manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent;
(c) By canning, preserving, freezing, processing, or dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen, processed, or dehydrated by the seller and sold to purchasers who transport in the ordinary course of business the goods out of this state; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen, processed, or dehydrated multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record;
(d) Dairy products that as of September 20, 2001, are identified in 21 C.F.R., chapter 1, parts 131, 133, and 135, including byproducts from the manufacturing of the dairy products such as whey and casein; or selling the same to purchasers who transport in the ordinary course of business the goods out of state; as to such persons the tax imposed shall be equal to the value of the products manufactured multiplied by the rate of 0.138 percent. As proof of sale to a person who transports in the ordinary course of business goods out of this state, the seller shall annually provide a statement in a form prescribed by the department and retain the statement as a business record;
(e) Alcohol fuel, biodiesel fuel, or biodiesel feedstock, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel, biodiesel fuel, or biodiesel feedstock manufactured, multiplied by the rate of 0.138 percent. This subsection (1)(e) expires July 1, 2009; and
(f) Alcohol fuel or wood biomass fuel, as those terms are defined in RCW 82.29A.135; as to such persons the amount of tax with respect to the business shall be equal to the value of alcohol fuel or wood biomass fuel manufactured, multiplied by the rate of 0.138 percent.
(2) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(5) ((Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(6) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.
(7))) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(((8))) (6) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(((9))) (7) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.275 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(((10))) (8) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.
(((11))) (9) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.
(((12))) (10) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.
(((13))) (11)(a) Beginning October 1, 2005, upon every person engaging within this state in the business of manufacturing commercial airplanes, or components of such airplanes, as to such persons the amount of tax with respect to such business shall, in the case of manufacturers, be equal to the value of the product manufactured, or in the case of processors for hire, be equal to the gross income of the business, multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and
(ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.
(b) Beginning October 1, 2005, upon every person engaging within this state in the business of making sales, at retail or wholesale, of commercial airplanes, or components of such airplanes, manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the airplanes or components multiplied by the rate of:
(i) 0.4235 percent from October 1, 2005, through the later of June 30, 2007, or the day preceding the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550; and
(ii) 0.2904 percent beginning on the later of July 1, 2007, or the date final assembly of a superefficient airplane begins in Washington state, as determined under RCW 82.32.550.
(c) For the purposes of this subsection (((13))) (11), "commercial airplane," "component," and "final assembly of a superefficient airplane" have the meanings given in RCW 82.32.550.
(d) In addition to all other requirements under this title, a person eligible for the tax rate under this subsection (((13))) (11) must report as required under RCW 82.32.545.
(e) This subsection (((13))) (11) does not apply after the earlier of: July 1, 2024; or December 31, 2007, if assembly of a superefficient airplane does not begin by December 31, 2007, as determined under RCW 82.32.550.
Sec. 5. RCW 82.08.0255 and 1998 c 176 s 4 are each amended to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of((:
(a) Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes; and
(b))) motor vehicle and special fuel if:
(((i))) (a) The fuel is purchased for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or
(((ii))) (b) The fuel is purchased by a private, nonprofit transportation provider certified under chapter 81.66 RCW and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or
(((iii))) (c) The fuel is taxable under chapter 82.36 or 82.38 RCW.
(2) Any person who has paid the tax imposed by RCW 82.08.020 on the sale of special fuel delivered in this state shall be entitled to a credit or refund of such tax with respect to fuel subsequently established to have been actually transported and used outside this state by persons engaged in interstate commerce. The tax shall be claimed as a credit or refunded through the tax reports required under RCW 82.38.150.
Sec. 6. RCW 82.12.0256 and 1998 c 176 s 5 are each amended to read as follows:
The provisions of this chapter shall not apply in respect to the use of:
(1) ((Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes; and
(2))) Special fuel purchased in this state upon which a refund is obtained as provided in RCW 82.38.180(2); and
(((3))) (2) Motor vehicle and special fuel if:
(a) The fuel is used for the purpose of public transportation and the purchaser is entitled to a refund or an exemption under RCW 82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation provider certified under chapter 81.66 RCW and the purchaser is entitled to a refund or an exemption under RCW 82.36.285 or 82.38.080(1)(h); or
(c) The fuel is taxable under chapter 82.36 or 82.38 RCW: PROVIDED, That the use of motor vehicle and special fuel upon which a refund of the applicable fuel tax is obtained shall not be exempt under this subsection (((3))) (2)(c), and the director of licensing shall deduct from the amount of such tax to be refunded the amount of tax due under this chapter and remit the same each month to the department of revenue.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 82.35.010 (Intent) and 1979 ex.s. c 191 s 1;
(2) RCW 82.35.020 (Definitions) and 1996 c 186 s 521 & 1979 ex.s. c 191 s 2;
(3) RCW 82.35.040 (Issuance of certificate--Limitations--Tabulation of costs incurred--Administrative rules) and 1982 1st ex.s. c 2 s 3 & 1979 ex.s. c 191 s 4;
(4) RCW 82.35.050 (Credit against taxes--Conditions--Amount--Limitations) and 1982 1st ex.s. c 2 s 1 & 1979 ex.s. c 191 s 5;
(5) RCW 82.35.070 (Issuance of certificate or supplement and notice of refusal to issue certificate or supplement--Certified mail) and 1979 ex.s. c 191 s 7;
(6) RCW 82.35.080 (Revocation of certificate--Grounds--Continuance of certificate--Liability for money saved--Technical assistance) and 1999 c 358 s 15, 1996 c 186 s 522, & 1979 ex.s. c 191 s 8;
(7) RCW 82.35.900 (Severability--1979 ex.s. c 191) and 1979 ex.s. c 191 s 13;
(8) RCW 82.61.010 (Definitions) and 1995 1st sp.s. c 3 s 10, 1994 c 125 s 1, 1988 c 41 s 1, 1987 c 497 s 1, 1986 c 116 s 9, & 1985 ex.s. c 2 s 1;
(9) RCW 82.61.030 (Tax deferral--Eligibility) and 1987 c 497 s 3 & 1985 ex.s. c 2 s 3;
(10) RCW 82.61.050 (Issuance of tax deferral certificate) and 1985 ex.s. c 2 s 4;
(11) RCW 82.61.060 (Repayment schedule) and 1987 c 497 s 4 & 1985 ex.s. c 2 s 5;
(12) RCW 82.61.080 (Applicability of general administrative provisions) and 1985 ex.s. c 2 s 7;
(13) RCW 82.61.090 (Applications and information subject to disclosure) and 1987 c 49 s 2;
(14) RCW 82.61.900 (Severability--1987 c 497) and 1987 c 497 s 5;
(15) RCW 82.61.901 (Severability--1988 c 41) and 1988 c 41 s 6;
(16) RCW 48.14.029 (Premium tax credit--New employment for international service activities in eligible areas--Designation of census tracts for eligibility--Records--Tax due upon ineligibility--Interest assessment--Information from employment security department) and 2003 c 248 s 3 & 1998 c 313 s 3;
(17) RCW 82.04.4329 (Deductions--Health insurance pool members--Deficit assessments) and 1987 c 431 s 24;
(18) RCW 82.08.0276 (Exemptions--Sales of wearing apparel for use only as a sample for display for sale) and 1980 c 37 s 42;
(19) RCW 82.08.0295 (Exemptions--Lease amounts and repurchase amount for certain property under sale/leaseback agreement) and 1986 c 231 s 3;
(20) RCW 82.12.0295 (Exemptions--Lease amounts and repurchase amount for certain property under sale/leaseback agreement) and 1986 c 231 s 4;
(21) RCW 82.12.02545 (Exemption--Use of naval aircraft training equipment transferred due to base closure) and 1995 c 128 s 1; and
(22) RCW 84.56.450 (Year 2000 failure--No interest or penalties--Payment of tax) and 1999 c 369 s 6.
NEW SECTION. Sec. 8. This act takes effect July 1, 2006."
The President Pro Tempore declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1299.
The motion by Senator Prentice carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "preferences;" strike the remainder of the title and insert "amending RCW 15.76.165, 43.52.460, 82.08.0255, and 82.12.0256; reenacting and amending RCW 82.04.260; creating a new section; repealing RCW 82.35.010, 82.35.020, 82.35.040, 82.35.050, 82.35.070, 82.35.080, 82.35.900, 82.61.010, 82.61.030, 82.61.050, 82.61.060, 82.61.080, 82.61.090, 82.61.900, 82.61.901, 48.14.029, 82.04.4329, 82.08.0276, 82.08.0295, 82.12.0295, 82.12.02545, and 84.56.450; and providing an effective date."
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1299, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Prentice spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute House Bill No. 1299, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1299, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Excused: Senators Hewitt, Honeyford, Oke, Parlette and Pflug - 5
SUBSTITUTE HOUSE BILL NO. 1299, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The President assumed the chair.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on Higher Education (originally sponsored by Representatives Sells, Campbell, Fromhold, McCoy and Chase)
Authorizing community colleges to deduct certain payments from tuition waivers.
The measure was read the second time.
MOTION
On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Pridemore and Schmidt spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1560.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1560 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Excused: Senators Hewitt, Honeyford, Oke and Parlette - 4
SUBSTITUTE HOUSE BILL NO. 1560, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Keiser that amendment number 580 to the committee striking amendment of Engrossed Substitute House Bill No. 2060 is beyond the scope and object of the underlying bill, the President finds and rules as follows:
Senator Deccio argues that both his amendment and the underlying bill share a common goal: expanding the coverage options available to uninsured people through the Health Care Authority. While the President agrees that they share similar goals, the measures take different approaches in trying to meet them. The underlying measure would require certain persons applying for enrollment in the Basic Health Plan to complete a standard health questionnaire. The results of this questionnaire are then used to determine eligibility for the high-risk insurance pool or the Basic Health Plan. The amendment requires the Health Care Authority to implement a program to assist small employers in providing health care coverage to their employees. While the goals may be similar, the President must first and foremost look to the language within the four corners of the underlying measure and the amendment.
In this case, adding a whole new program is an expansion clearly not contemplated by the measure before us, which applies questionnaires and eligibility for existing programs. For these reasons, Senator Keiser’s point is well-taken. The amendment is beyond the scope and object of the bill and is not properly before us.”
The Senate resumed consideration of Engrossed Substitute House Bill No. 2060 which was deferred earlier today.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to Engrossed Substitute House Bill No. 2060.
The motion by Senator Deccio carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after “programs;” strike the remainder of the title and insert “amending RCW 48.41.100 and 70.47.020; and adding a new section to chapter 70.47 RCW.”
MOTION
On motion of Senator Keiser, the rules were suspended, Engrossed Substitute House Bill No. 2060, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Keiser and Thibaudeau spoke in favor of passage of the bill.
Senators Parlette, Deccio and Finkbeiner spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2060, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2060, as amended by the Senate and the bill failed to pass the Senate by the following vote: Yeas, 21; Nays, 26; Absent, 1; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 21
Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 26
Absent: Senator Kastama - 1
Excused: Senator Oke - 1
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2060, as amended by the Senate, having failed to received the constitutional majority, was declared lost.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Darneille, Upthegrove, Lovick, Lantz, Simpson, Morrell, Williams, Conway, Roberts, Moeller, Kenney, Wood, Kagi, McDermott, Santos, Chase and Ormsby)
Creating the domestic violence prevention account.
The measure was read the second time.
MOTION
Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.18.010 and 2002 c 294 s 3 are each amended to read as follows:
County auditors or recording officers shall collect the following fees for their official services:
(1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;
(2) For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
(3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
(4) For administering an oath or taking an affidavit, with or without seal, two dollars;
(5) For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
(6) For searching records per hour, eight dollars;
(7) For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
(8) For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
(9) For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170((.));
(10) For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees((.));
(11) For recording instruments, a surcharge as provided in RCW 36.22.178.
Sec. 2. RCW 36.18.016 and 2002 c 338 s 2 are each amended to read as follows:
(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, a fee of twenty dollars must be paid.
(b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of thirty dollars. The clerk of the superior court shall transmit monthly twenty-four dollars of the thirty-dollar fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be retained by the county for the purpose of supporting community-based services within the county for victims of domestic violence, except for five percent of the six dollars, which may be retained by the court for administrative purposes.
(3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.
(b) Upon conviction in criminal cases a jury demand charge of fifty dollars for a jury of six, or one hundred dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.
(4) For preparing, transcribing, or certifying an instrument on file or of record in the clerk's office, with or without seal, for the first page or portion of the first page, a fee of two dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of one dollar for each additional seal affixed must be charged.
(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.
(8) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of two dollars.
(9) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(10) For clerk's services such as processing ex parte orders, performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed twenty dollars per hour or portion of an hour.
(11) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape.
(12) For the filing of oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be charged.
(13) For filing a disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be charged.
(14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be charged.
(15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one hundred ten dollars must be charged.
(16) A facilitator surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.
(18) A service fee of three dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(19) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(20) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
(21) Investment service charge and earnings under RCW 36.48.090 must be charged.
(22) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
(23) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory arbitration program.
(24) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.
NEW SECTION. Sec. 3. A new section is added to chapter 70.123 RCW to read as follows:
The domestic violence prevention account is created in the state treasury. All receipts from fees imposed for deposit in the domestic violence prevention account under RCW 36.18.016 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for funding nonshelter community-based services for victims of domestic violence.
Sec. 4. RCW 70.123.030 and 1989 1st ex.s. c 9 s 235 are each amended to read as follows:
The department of social and health services, in consultation with the state department of health, and individuals or groups having experience and knowledge of the problems of victims of domestic violence, shall:
(1) Establish minimum standards for shelters applying for grants from the department under this chapter. Classifications may be made dependent upon size, geographic location, and population needs;
(2) Receive grant applications for the development and establishment of shelters for victims of domestic violence;
(3) Distribute funds, within forty-five days after approval, to those shelters meeting departmental standards;
(4) Evaluate biennially each shelter receiving departmental funds for compliance with the established minimum standards; ((and))
(5) Review the minimum standards each biennium to ensure applicability to community and client needs; and
(6) Administer funds available from the domestic violence prevention account under section 3 of this act and establish minimum standards for preventive, nonshelter community-based services receiving funds administered by the department. Preventive, nonshelter community-based services include services for victims of domestic violence from communities that have been traditionally underserved or unserved and services for children who have witnessed domestic violence.
Sec. 5. RCW 36.18.020 and 2000 c 9 s 1 are each amended to read as follows:
(1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.
(2) Clerks of superior courts shall collect the following fees for their official services:
(a) In addition to any other fee required by law, the party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, shall pay, at the time the paper is filed, a fee of one hundred ten dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of thirty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The thirty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.
(b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of one hundred ten dollars.
(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of one hundred ten dollars.
(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of forty-one dollars.
(e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of one hundred ten dollars.
(f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of one hundred ten dollars.
(g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of one hundred ten dollars.
(h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of one hundred ten dollars.
(i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
(3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.
Sec. 6. RCW 36.18.022 and 1995 c 292 s 16 are each amended to read as follows:
The court may waive the filing fees provided for under RCW 36.18.016(2)(b) and 36.18.020(2) (a) and (b) upon affidavit by a party that the party is unable to pay the fee due to financial hardship."
Senators Kline and Esser spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Engrossed Substitute House Bill No. 1314.
The motion by Senator Kline carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "account;" strike the remainder of the title and insert "amending RCW 36.18.010, 36.18.016, 70.123.030, 36.18.020, and 36.18.022; and adding a new section to chapter 70.123 RCW."
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Bill No. 1314 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kline spoke in favor of passage of the bill.
Senator Pflug spoke against passage of the bill.
MOTION
On motion of Senator Hewitt, Senator Delvin was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1314, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1314, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 38
Voting nay: Senators Carrell, Mulliken, Parlette, Pflug, Poulsen, Roach, Schoesler, Sheldon and Stevens - 9
Excused: Senators Delvin and Oke - 2
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1314, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1310, by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Conway, McCoy, Condotta, Wood and Chase)
Requiring mandatory electronic data reporting under Title 51 RCW for workers' compensation self-insurers.
The measure was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1310.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1310 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Delvin and Oke - 2
SUBSTITUTE HOUSE BILL NO. 1310, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 2:41 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 3:46 p.m. by President Owen.
PERSONAL PRIVILEGE
Senator Benson: “Thank you Mr. President. Well, to everybody, I need to say a very brief ‘Good bye.’ I know some people would be sad for even a brief good bye and other people would be sad that it’s only brief. I have been called to duty just for a couple of days back at Fairchild Air Force Base and, because of state law, when I’m called to duty and I’m put on active duty orders I have the option, working with my county commissioners, to appoint a replacement. So you’re actually getting a replacement Senator for two days. I’m not done, you can hold your applause. Anyway, for the next couple of days you’ll have a replacement. This is actually only the second time in state history this has been done. It was done once before with Mike Kriedler when he was in the State Senate. He was a reserve officer and he was also an optometrist. During the first Persian Golf War he was activated and his wife served the entire 1991 session, I believe it was ’91, so this is actually only the second time. Like I say, sorry, it’s not for the whole session, it’s just for two days. I will be back Sunday if you’re on the floor Sunday and if not I will be back with you guys on Monday. I hope you’ll make John Wyss feel very comfortable, he’s a great person from my district. I know you’ll grow to like him as much as we have and that’s all I need to say. I did tell him about the deal about if he ever gets up, he has to give a gift so I’m not sure. But I also told him you get away with an IOU for quite a while. Thank you Mr. President.”
SPOKANE COUNTY COUNCIL SIGNATURE REPORT
SPOKANE COUNTY, WASHINGTON
April 12, 2005
Tom Hoemann
Secretary of the Senate
P. O. Box 40482
Olympia, WA 98504-0482
RE: Leave of absence by Brad Benson, 6th District State Senator
Dear Secretary Hoemann,
Consistent with the provisions of RCW 73.16.041, the Board of County Commissioners has granted a leave of absence to Brad Benson, 6th District State Senator, for the time frame commencing approximately April 14, 2005 and running approximately through April 16, 2005 and /or April 17, 2005.
The Board of County Commissioners had additionally appoint Jon Wyss as a temporary successor to Senator Benson’s position during his leave of absence.
A certified copy of Spokane County Resolution No. 50327 documenting the above actions is enclosed for your records.
Sincerely,
VICKY M. DALTON, Clerk of the Board
Motion 50327
Resolution No. 5-0327
In the matter of appointing Jon Wyss temporary successor to fill the position of 6th District State Senator due to Senator Brad Benson entering active service or training as provided for under RCW 73.16.041.
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and
WHEREAS, pursuant to the provisions of RCW 73.16.041 when any elected officer of the state shall enter active service or training as provided for in RCW 73.16.031, 73.16.033, and 73.16.035 the Board which would ordinarily fill the vacancy created by the death or resignation of the elected official so ordered to such service shall grant an extended leave of absence to cover the period of such active service or training and may appoint a temporary successor to the position so vacated. No leave of absence provided for in this statute shall operate to extend the term for which the occupant of any elected position shall have been elected; and
WHEREAS, Brad Benson, 6th District State Senator, has advised the Board of County Commissioners that he has been called to active service or training for a time frame commencing approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005; and
WHEREAS, pursuant to the provisions of RCW 73.16.041, the Board of County Commissioners is desirous of granting a leave of absence to Brad Benson, 6th District State Senator for a time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005 as well as appointing a temporary successor to the position so vacated.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, pursuant to the provisions of RCW 73.16.041, that the Board does hereby:
1. Grant a leave of absence to Brad Benson, 6th District State Senator to cover the period of his active service and/or training for the time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005.
2. Appoint Jon Wyss as temporary successor of 6th District State Senator for the time frame from approximately April 14, 2005 and running through approximately April 16, 2005 and/or April 17, 2005.
Passed and adopted this 12th date of April, 2005.
BOARD OF COUNTY COMMISSIONER
OF SPOKANE, COUNTY, WASHINGTON
PHILLIP D. HARRIS, Chair
TODD MIELKE, Vice Chair
MARK RICHARD, Commissioner
APPOINTMENT OF SPECIAL COMMITTEE
The President of the Senate appointed a committee of honor consisting of Senators Brown and Finkbeiner to escort The Honorable Gerry Alexander, Chief Justice of the Washington State Supreme Court to the rostrum.
The President welcomed and introduced The Honorable Gary Alexander, Chief Justice of the Supreme Court of the State of Washington, who was present to administer the oath of office to newly-appointed senator.
The newly-appointed senator was present at the rostrum. Chief Justice Alexander thereupon administered the oath of office to the newly appointed member.
The President presented the newly-appointed Senator a certificate of appointment.
The committee escorted the newly-elected member to his seat in the chamber.
The Sergeant at Arms escorted Chief Justice Alexander from the rostrum.
PARLIAMENTARY INQUIRY
Senator Hewitt: “Does this mean we have two, an additional vote on the floor at this time.”
REPLY BY THE PRESIDENT
President Owen: “Wishful thinking.”
PARLIAMENTARY INQUIRY
Senator Jacobsen: “I am curious and is, Senator Benson automatically, is he still considered a Senator from his.... How is that handled in regards to votes and so on. Really, seriously. I was just wondering about how this is handled.”
REPLY BY THE PRESIDENT
President Owen: “Senator Jacobsen, in response to your point of inquiry, when Senator Benson departs, then Senator Wyss will take his place. As Senator Benson is in the vicinity of the chamber as serving – not serving with his military responsibilities and here – he will be the Senator and voting. As you can see, he has his umbrella and he is departing at this time. Good luck, Senator.”
PERSONAL PRIVILEGE
Senator Brown: “Well, maybe a little too late because he’s heading out the door. I just wanted to tell Senator Benson, wish him well. And, welcome our new Senator from Spokane - encourage him to keep an open mind. As a couple of our Senators could school you in independence in voting. Just weigh each issue carefully and make up your own mind. And then, finally, what I was going to say to Senator Benson before he headed out the door: While I’m very pleased with the substitute he’s come up with, Senator Jill Benson would of worked for me as well.”
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1266, by House Committee on Transportation (originally sponsored by Representatives Murray, Woods and Kenney)
Updating laws on drugs and alcohol use by commercial drivers.
The measure was read the second time.
MOTION
Senator Swecker moved that the following committee striking amendment by the Committee on Transportation be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to promote the safety of drivers and passengers on Washington roads and public transportation systems. To this end, Washington has established a reporting requirement for employers of commercial drivers who test positive for unlawful substances. The legislature recognizes that transit operators and their employers are an asset to the public transportation system and continuously strive to provide a safe and efficient mode of travel. In light of this, the legislature further intends that the inclusion of transit employers in the reporting requirements serve only to enhance the current efforts of these dedicated employers and employees as they continue to provide a safe public transportation system to the citizens of Washington.
Sec. 2. RCW 46.25.010 and 2004 c 187 s 2 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Alcohol" means any substance containing any form of alcohol, including but not limited to ethanol, methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters of blood; or
(b) The number of grams of alcohol per two hundred ten liters of breath.
(3) "Commercial driver's license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual that authorizes the individual to drive a class of commercial motor vehicle.
(4) The "commercial driver's license information system" (CDLIS) is the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) "Commercial driver's instruction permit" means a permit issued under RCW 46.25.060(5).
(6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property:
(a) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds;
(b) If the vehicle is designed to transport sixteen or more passengers, including the driver;
(c) If the vehicle is transporting hazardous materials as defined in this section; or
(d) If the vehicle is a school bus regardless of weight or size.
(7) "Conviction" has the definition set forth in RCW 46.20.270.
(8) "Disqualification" means a prohibition against driving a commercial motor vehicle.
(9) "Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of RCW 46.25.100, 46.25.110, and 46.25.120, "drive" includes operation or physical control of a motor vehicle anywhere in the state.
(10) "Drugs" are those substances as defined by RCW 69.04.009, including, but not limited to, those substances defined by 49 C.F.R. 40.3.
(11) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle.
(12) "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle, or the registered gross weight, where this value cannot be determined. The GVWR of a combination or articulated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units.
(13) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. Sec. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(14) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(15) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle.
(16) "Positive alcohol confirmation test" means an alcohol confirmation test that:
(a) Has been conducted by a breath alcohol technician under 49 C.F.R. 40; and
(b) Indicates an alcohol concentration of 0.04 or more.
A report that a person has refused an alcohol test, under circumstances that constitute the refusal of an alcohol test under 49 C.F.R. 40, will be considered equivalent to a report of a positive alcohol confirmation test for the purposes of this chapter.
(17) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.
(((17))) (18) "Serious traffic violation" means:
(a) Excessive speeding, defined as fifteen miles per hour or more in excess of the posted limit;
(b) Reckless driving, as defined under state or local law;
(c) A violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death to any person;
(d) Driving a commercial motor vehicle without obtaining a commercial driver's license;
(e) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; however, any individual who provides proof to the court by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, is not guilty of a "serious traffic offense";
(f) Driving a commercial motor vehicle without the proper class of commercial driver's license endorsement or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported; and
(g) Any other violation of a state or local law relating to motor vehicle traffic control, other than a parking violation, that the department determines by rule to be serious.
(((18))) (19) "State" means a state of the United States and the District of Columbia.
(((19))) (20) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. 40.281.
(21) "Tank vehicle" means a vehicle that is designed to transport a liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Tank vehicles include, but are not limited to cargo tanks and portable tanks. However, this definition does not include portable tanks having a rated capacity under one thousand gallons.
(((20))) (22) "United States" means the fifty states and the District of Columbia.
(23) "Verified positive drug test" means a drug test result or validity testing result from a laboratory certified under the authority of the federal department of health and human services that:
(a) Indicates a drug concentration at or above the cutoff concentration established under 49 C.F.R. 40.87; and
(b) Has undergone review and final determination by a medical review officer.
A report that a person has refused a drug test, under circumstances that constitute the refusal of a federal department of transportation drug test under 49 C.F.R. 40, will be considered equivalent to a report of a verified positive drug test for the purposes of this chapter.
Sec. 3. RCW 46.25.123 and 2002 c 272 s 1 are each amended to read as follows:
(1) All medical review officers or breath alcohol technicians hired by or under contract to a motor carrier or employer who employs drivers who operate commercial motor vehicles and who is required to have a testing program conducted under the procedures established by 49 C.F.R. ((382)) 40 or to a consortium the carrier or employer belongs to, as defined in 49 C.F.R. ((382.17)) 40.3, shall report the finding of a commercial motor vehicle driver's ((confirmed)) verified positive drug test or positive alcohol confirmation test to the department of licensing on a form provided by the department. If the employer is required to have a testing program under 49 C.F.R. 655, a report of a verified positive drug test or positive alcohol confirmation test must not be forwarded to the department under this subsection unless the test is a pre-employment drug test conducted under 49 C.F.R. 655.41 or a pre-employment alcohol test conducted under 49 C.F.R. 655.42.
(2)(a) A motor carrier or employer who employs drivers who operate commercial motor vehicles and who is required to have a testing program conducted under the procedures established by 49 C.F.R. 40, or the consortium the carrier or employer belongs to, must report a refusal by a commercial motor vehicle driver to take a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40 and where such refusal has not been reported by a medical review officer or breath alcohol technician, to the department of licensing on a form provided by the department.
(b) An employer who is required to have a testing program under 49 C.F.R. 655 must report a commercial motor vehicle driver's verified positive drug test or a positive alcohol confirmation test when: (i) The driver's employment has been terminated or the driver has resigned; (ii) any grievance process, up to but not including arbitration, has been concluded; and (iii) at the time of termination or resignation the driver has not been cleared to return to safety-sensitive functions.
(3) Motor carriers, employers, or consortiums shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report all Washington state licensed drivers who have a ((confirmed)) verified positive drug test or positive alcohol confirmation test to the department of licensing within three business days of the ((confirmed test)) verification or confirmation. Failure to obtain this contractual condition or agreement with the medical review officer or breath alcohol technician by the motor carrier, employer, or consortium, or failure to report a refusal as required by subsection (2) of this section, will result in an administrative fine as provided in RCW 46.32.100 or 81.04.405.
(4) Substances obtained for testing may not be used for any purpose other than drug or alcohol testing under 49 C.F.R. ((382)) 40.
Sec. 4. RCW 46.25.125 and 2002 c 272 s 2 are each amended to read as follows:
(1) When the department of licensing receives a report from a medical review officer ((or)), breath alcohol technician, employer, contractor, or consortium that ((the holder of a commercial driver's license)) a driver has a ((confirmed)) verified positive drug test or positive alcohol confirmation test, ((either)) as part of the testing program ((required by)) conducted under 49 C.F.R. ((382 or as part of a preemployment drug test)) 40, the department shall disqualify the driver from driving a commercial motor vehicle under RCW 46.25.090(7) subject to a hearing as provided in this section. The department shall notify the person in writing of the disqualification by first class mail. The notice must explain the procedure for the person to request a hearing.
(2) A person disqualified from driving a commercial motor vehicle for having a ((confirmed)) verified positive drug test or positive alcohol confirmation test may request a hearing to challenge the disqualification within twenty days from the date notice is given. If the request for a hearing is mailed, it must be postmarked within twenty days after the department has given notice of the disqualification.
(3) The hearing must be conducted in the county of the person's residence, except that the department may conduct all or part of the hearing by telephone or other electronic means.
(4) For the purposes of this section, or for the purpose of a hearing de novo in an appeal to superior court, the hearing must be limited to the following issues: (a) Whether the driver is the person who ((took the drug or alcohol test)) is the subject of the report; (b) whether the motor carrier, employer, or consortium has a program that ((meets)) is subject to the federal requirements under 49 C.F.R. ((382)) 40; and (c) whether the medical review officer or breath alcohol technician making the report accurately followed the protocols ((for testing)) established to ((certify)) verify or confirm the results, or if the driver refused a test, whether the circumstances constitute the refusal of a test under 49 C.F.R. 40. Evidence may be presented to demonstrate that the test results are a false positive. For the purpose of a hearing under this section, a copy of ((the)) a positive test result with a declaration by the tester or medical review officer or breath alcohol technician stating the accuracy of the laboratory protocols followed to arrive at the test result is prima facie evidence:
(i) Of a ((confirmed)) verified positive drug test or positive alcohol confirmation test result;
(ii) That the motor carrier, employer, or consortium has a program that is subject to the federal requirements under 49 C.F.R. 40; and
(iii) That the medical review officer or breath alcohol technician making the report accurately followed the protocols for testing established to verify or confirm the results.
After the hearing, the department shall order the disqualification of the person either be rescinded or sustained.
(5) If the person does not request a hearing within the twenty-day time limit, or if the person fails to appear at a hearing, the person has waived the right to a hearing and the department shall sustain the disqualification.
(6) A decision by the department disqualifying a person from driving a commercial motor vehicle is stayed and does not take effect while a formal hearing is pending under this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation and the department receives no further report of a ((confirmed)) verified positive drug test or positive alcohol confirmation test during the pendency of the hearing and appeal. If the disqualification is sustained after the hearing, the person who is disqualified may file a petition in the superior court of the county of his or her residence to review the final order of disqualification by the department in the manner provided in RCW 46.20.334.
(7) The department of licensing may adopt rules specifying further requirements for requesting and conducting a hearing under this section.
(8) The department of licensing is not civilly liable for damage resulting from disqualifying a driver based on a ((confirmed)) verified positive drug test or positive alcohol confirmation test result as required by this section or for damage resulting from release of this information that occurs in the normal course of business.
Sec. 5. RCW 46.25.090 and 2004 c 187 s 7 are each amended to read as follows:
(1) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if a report has been received by the department pursuant to RCW 46.25.120, or if the person has been convicted of a first violation, within this or any other jurisdiction, of:
(a) Driving a motor vehicle under the influence of alcohol or any drug;
(b) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as determined by any testing methods approved by law in this state or any other state or jurisdiction;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of a felony;
(e) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
(f) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(g) Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the crimes of vehicular homicide and negligent homicide.
If any of the violations set forth in this subsection occurred while transporting hazardous material, the person is disqualified for a period of not less than three years.
(2) A person is disqualified for life if it has been determined that the person has committed or has been convicted of two or more violations of any of the offenses specified in subsection (1) of this section, or any combination of those offenses, arising from two or more separate incidents.
(3) The department may adopt rules, in accordance with federal regulations, establishing guidelines, including conditions, under which a disqualification for life under subsection (2) of this section may be reduced to a period of not less than ten years.
(4) A person is disqualified from driving a commercial motor vehicle for life who uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, as defined by chapter 69.50 RCW, or possession with intent to manufacture, distribute, or dispense a controlled substance, as defined by chapter 69.50 RCW.
(5) A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than sixty days if:
(i) Convicted of or found to have committed a second serious traffic violation while driving a commercial motor vehicle; or
(ii) Convicted of reckless driving, where there has been a prior serious traffic violation; or
(b) Not less than one hundred twenty days if:
(i) Convicted of or found to have committed a third or subsequent serious traffic violation while driving a commercial motor vehicle; or
(ii) Convicted of reckless driving, where there has been two or more prior serious traffic violations.
For purposes of determining prior serious traffic violations under this subsection, each conviction of or finding that a driver has committed a serious traffic violation while driving a commercial motor vehicle or noncommercial motor vehicle, arising from a separate incident occurring within a three-year period, must be counted.
(6) A person is disqualified from driving a commercial motor vehicle for a period of:
(a) Not less than ninety days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle;
(b) Not less than one year nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents;
(c) Not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed three or more violations of out-of-service orders while driving commercial motor vehicles in separate incidents;
(d) Not less than one hundred eighty days nor more than two years if the person is convicted of or is found to have committed a first violation of an out-of-service order while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver. A person is disqualified for a period of not less than three years nor more than five years if, during a ten-year period, the person is convicted of or is found to have committed subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials, or while operating motor vehicles designed to transport sixteen or more passengers, including the driver.
(7) A person is disqualified from driving a commercial motor vehicle if a report has been received by the department under RCW 46.25.125 that the person has received a ((confirmed)) verified positive drug test or positive alcohol confirmation test ((either)) as part of the testing program ((required by 49 C.F.R. 382 or)) conducted under 49 C.F.R. 40 ((or as part of a preemployment drug test)). A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by ((an agency certified by the department of social and health services and, if the person is classified as an alcoholic, drug addict, alcohol abuser, or drug abuser, until)) a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the person presents evidence of satisfactory participation in or successful completion of a drug or alcohol treatment and/or education program ((that has been certified by the department of social and health services under chapter 70.96A RCW)) as recommended by the substance abuse professional, and until the person has met the requirements of RCW 46.25.100. The ((agency making a drug and alcohol assessment under this section)) substance abuse professional shall forward a diagnostic evaluation and treatment recommendation to the department of licensing for use in determining the person's eligibility for driving a commercial motor vehicle. Persons who are disqualified under this subsection more than twice in a five-year period are disqualified for life.
(8)(a) A person is disqualified from driving a commercial motor vehicle for the period of time specified in (b) of this subsection if he or she is convicted of or is found to have committed one of the following six offenses at a railroad-highway grade crossing while operating a commercial motor vehicle in violation of a federal, state, or local law or regulation:
(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement officer at the crossing;
(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(b) A person is disqualified from driving a commercial motor vehicle for a period of:
(i) Not less than sixty days if the driver is convicted of or is found to have committed a first violation of a railroad-highway grade crossing violation;
(ii) Not less than one hundred twenty days if the driver is convicted of or is found to have committed a second railroad-highway grade crossing violation in separate incidents within a three-year period;
(iii) Not less than one year if the driver is convicted of or is found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents within a three-year period.
(9) A person is disqualified from driving a commercial motor vehicle for not more than one year if a report has been received by the department from the federal motor carrier safety administration that the person's driving has been determined to constitute an imminent hazard as defined by 49 C.F.R. 383.5.
(10) Within ten days after suspending, revoking, or canceling a commercial driver's license or disqualifying a driver from operating a commercial motor vehicle, the department shall update its records to reflect that action."
Senator Swecker spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1266.
The motion by Senator Swecker carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
In line 2 of the title, after "operators;" strike the remainder of the title and insert "amending RCW 46.25.010, 46.25.123, 46.25.125, and 46.25.090; and creating a new section."
MOTION
On motion of Senator Swecker, the rules were suspended, Substitute House Bill No. 1266, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Haugen spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senator Honeyford was excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1266, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1266, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 45
Absent: Senators Parlette and Prentice - 2
Excused: Senators Honeyford and Oke - 2
SUBSTITUTE HOUSE BILL NO. 1266, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Regala, Senator Prentice was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1100, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Priest, Morrell, Fromhold, Jarrett, Sommers, Ormsby, Appleton, Tom, Anderson, Roberts, P. Sullivan, Lantz, Dickerson, Schual-Berke and Santos)
Creating a state financial aid account.
The measure was read the second time.
MOTION
On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1100 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Pridemore and Schmidt spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1100.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1100 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46
Excused: Senators Honeyford, Oke and Prentice - 3
SUBSTITUTE HOUSE BILL NO. 1100, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senator Parlette was excused.
SECOND READING
HOUSE BILL NO. 2189, by Representatives Kagi, Hinkle, Dickerson, Roberts, Darneille, Simpson, Moeller, Morrell and Santos
Establishing a work group to address safety of child protective services and child welfare services staff.
The measure was read the second time.
MOTION
Senator Regala moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that efforts to protect children from abuse and neglect and support families are dependent upon the efforts of staff in the field who work directly with the children and families of this state. Child protective services staff investigate reports of suspected child abuse and neglect and, when necessary, intervene by providing services designed to increase children's safety and protect them from further harm. Child welfare services staff provide longer-term services to families, including intensive treatment services to children and families who may need help with chronic or serious problems that interfere with their ability to protect or parent children.
The legislature determines that in order to perform their work, the safety of child protective services and child welfare services staff must be addressed.
NEW SECTION. Sec. 2. (1) The department of social and health services shall establish a work group to develop policies and protocols to address the safety of child protective services and child welfare services staff.
(2) The department of social and health services shall make recommendations regarding training to address recognition of highly volatile, hostile, and/or threatening situations and de-escalation and preventive safety measures.
(3) Membership of the work group shall include the following: Representatives of the children's administration of the department of social and health services, including representatives of child protective services staff and child welfare services staff from community service offices in largely rural areas of the state as well as urban areas; law enforcement; and prosecuting attorneys.
(4) The department of social and health services shall provide the developed recommendations, policies, and protocols to the governor and the appropriate committees of the legislature by December 1, 2005."
Senators Regala and Stevens spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to House Bill No. 2189.
The motion by Senator Regala carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "staff;" strike the remainder of the title and insert "and creating new sections."
MOTION
On motion of Senator Regala, the rules were suspended, House Bill No. 2189, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Regala spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2189, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2189, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 47
Excused: Senators Honeyford and Oke - 2
HOUSE BILL NO. 2189, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Thibaudeau: “Thank you, Mr. President. My comments are about the bill that we recently passed, but I do need to say that I trust that this bill does not turn into another study which gathers dust on the shelf. I can’t remember how many children have been killed in the past three or four years. I am familiar with some of the details with some of them. It was because – not because CPS (Child Protected Services) is such a bad organization – but because the workers simply didn’t go back and check when they should have. So, I do hope this study results in something. Thank you.”
SECOND READING
HOUSE BILL NO. 1180, by Representatives Kilmer, Wallace and Woods
Harmonizing vehicle size limits with federal rules.
The measure was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, House Bill No. 1180 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1180.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1180 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 47
Excused: Senators Honeyford and Oke - 2
HOUSE BILL NO. 1180, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1281, by House Committee on Children & Family Services (originally sponsored by Representatives Pettigrew, Hinkle, Kagi, Walsh, Schual-Berke, McDonald, Clibborn, Dickerson, Dunn, P. Sullivan, Orcutt, Darneille, Morrell, Campbell, Wallace and Chase)
Adding to the list of persons who may give informed consent to medical care for minors and providing immunity to health care providers and facilities when they rely upon the representation of a person claiming to be responsible for the care of the minor.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be not adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.
(2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care.
Sec. 2. RCW 7.70.065 and 2003 c 283 s 29 are each amended to read as follows:
(1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a person authorized to consent on behalf of such patient.
(a) Persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent, based upon a reason other than incapacity as defined in RCW 11.88.010(1)(d), shall be a member of one of the following classes of persons in the following order of priority:
(((a))) (i) The appointed guardian of the patient, if any;
(((b))) (ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;
(((c))) (iii) The patient's spouse;
(((d))) (iv) Children of the patient who are at least eighteen years of age;
(((e))) (v) Parents of the patient; and
(((f))) (vi) Adult brothers and sisters of the patient.
(((2))) (b) If the ((physician)) health care provider seeking informed consent for proposed health care of the patient who is not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:
(((a))) (i) If a person of higher priority under this section has refused to give such authorization; or
(((b))) (ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.
(((3))) (c) Before any person authorized to provide informed consent on behalf of a patient not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, exercises that authority, the person must first determine in good faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests.
(2) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.
(a) Persons authorized to provide informed consent to health care on behalf of a patient who is incapacitated, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:
(i) The appointed guardian or legal custodian of the minor patient, if any;
(ii) A person authorized by the court to consent to medical care for a child in out-of-home placement pursuant to chapter 13.32A or 13.34 RCW, if any;
(iii) Parents of the minor patient; and
(iv) A competent adult with an affidavit signed and dated under penalty of perjury pursuant to RCW 9A.72.085 representing himself or herself to be a relative responsible for the health care of such minor patient. Such authorization shall be effective for up to six months from the date of the affidavit.
(b) A health care provider may, but is not required to, rely on the representations of a person with an affidavit claiming to be a relative responsible for the care of the minor patient if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be responsible for the health care of the minor patient.
(c) A health care facility or a health care provider may, in its discretion, require additional documentation of a person's claimed status as being responsible for the health care of the minor patient. However, there is no obligation to require such additional documentation.
(d) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action based on such reliance.
(3) For the purposes of this section, "health care provider" and "health care facility" shall be defined as established in RCW 70.02.010."
On page 1, line 4 of the title, after "minor;" strike the remainder of the title and insert "amending RCW 7.70.065; and creating a new section."
The President declared the question before the Senate to be the motion by Senator Hargrove to not adopt the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1281.
The motion by Senator Hargrove carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) It is the intent of the legislature to assist children in the care of kin to access appropriate medical services. Children being raised by kin have faced barriers to medical care because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with health professionals when children are left in their care.
(2) It is the intent of the legislature to assist kinship caregivers in accessing appropriate medical care to meet the needs of a child in their care by permitting such responsible adults who are providing care to a child to give informed consent to medical care.
Sec. 2. RCW 7.70.065 and 2003 c 283 s 29 are each amended to read as follows:
(1) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), to consent may be obtained from a person authorized to consent on behalf of such patient.
(a) Persons authorized to provide informed consent to health care on behalf of a patient who is not competent to consent, based upon a reason other than incapacity as defined in RCW 11.88.010(1)(d), shall be a member of one of the following classes of persons in the following order of priority:
(((a))) (i) The appointed guardian of the patient, if any;
(((b))) (ii) The individual, if any, to whom the patient has given a durable power of attorney that encompasses the authority to make health care decisions;
(((c))) (iii) The patient's spouse;
(((d))) (iv) Children of the patient who are at least eighteen years of age;
(((e))) (v) Parents of the patient; and
(((f))) (vi) Adult brothers and sisters of the patient.
(((2))) (b) If the ((physician)) health care provider seeking informed consent for proposed health care of the patient who is not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, makes reasonable efforts to locate and secure authorization from a competent person in the first or succeeding class and finds no such person available, authorization may be given by any person in the next class in the order of descending priority. However, no person under this section may provide informed consent to health care:
(((a))) (i) If a person of higher priority under this section has refused to give such authorization; or
(((b))) (ii) If there are two or more individuals in the same class and the decision is not unanimous among all available members of that class.
(((3))) (c) Before any person authorized to provide informed consent on behalf of a patient not competent to consent under RCW 11.88.010(1)(e), other than a person determined to be incapacitated because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, exercises that authority, the person must first determine in good faith that that patient, if competent, would consent to the proposed health care. If such a determination cannot be made, the decision to consent to the proposed health care may be made only after determining that the proposed health care is in the patient's best interests.
(2) Informed consent for health care for a patient who is not competent, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, may be obtained from a person authorized to consent on behalf of such a patient.
(a) Persons authorized to provide informed consent to health care on behalf of a patient who is incapacitated, as defined in RCW 11.88.010(1)(e), because he or she is under the age of majority and who is not otherwise authorized to provide informed consent, shall be a member of one of the following classes of persons in the following order of priority:
(i) The appointed guardian, or legal custodian authorized pursuant to Title 26 RCW, of the minor patient, if any;
(ii) A person authorized by the court to consent to medical care for a child in out-of-home placement pursuant to chapter 13.32A or 13.34 RCW, if any;
(iii) Parents of the minor patient;
(iv) The individual, if any, to whom the minor's parent has given a signed authorization to make health care decisions for the minor patient; and
(v) A competent adult representing himself or herself to be a relative responsible for the health care of such minor patient or a competent adult who has signed and dated a declaration under penalty of perjury pursuant to RCW 9A.72.085 stating that the adult person is a relative responsible for the health care of the minor patient. Such declaration shall be effective for up to six months from the date of the declaration.
(b) A health care provider may, but is not required to, rely on the representations or declaration of a person claiming to be a relative responsible for the care of the minor patient, under (a)(v) of this subsection, if the health care provider does not have actual notice of the falsity of any of the statements made by the person claiming to be a relative responsible for the health care of the minor patient.
(c) A health care facility or a health care provider may, in its discretion, require documentation of a person's claimed status as being a relative responsible for the health care of the minor patient. However, there is no obligation to require such documentation.
(d) The health care provider or health care facility where services are rendered shall be immune from suit in any action, civil or criminal, or from professional or other disciplinary action when such reliance is based on a declaration signed under penalty of perjury pursuant to RCW 9A.72.085 stating that the adult person is a relative responsible for the health care of the minor patient under (a)(v) of this subsection.
(3) For the purposes of this section, "health care provider" and "health care facility" shall be defined as established in RCW 70.02.010."
Senator Hargrove spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute House Bill No. 1281.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 4 of the title, after "minor;" strike the remainder of the title and insert "amending RCW 7.70.065; and creating a new section."
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1281, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Stevens spoke in favor of passage of the bill.
MOTION
On motion of Senator Brandland, Senators Honeyford and Parlette were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1281, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1281, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46
Excused: Senators Honeyford, Oke and Parlette - 3
SUBSTITUTE HOUSE BILL NO. 1281, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1183, by Representatives Williams and Serben
Renaming the commission on supreme court reports.
The measure was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 1183 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kline spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1183.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1183 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46
Excused: Senators Honeyford, Oke and Parlette - 3
HOUSE BILL NO. 1183, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1152, by House Committee on Appropriations (originally sponsored by Representatives Kagi, Fromhold, Jarrett, Schual-Berke, Walsh, Quall, B. Sullivan, Grant, Ormsby, Kessler, Simpson, Moeller, Lovick, Roberts, Chase, Williams, P. Sullivan, Tom, Morrell, McIntire, Kenney, Haigh, McDermott, Dickerson, Santos and Linville)
Creating a Washington early learning council.
The measure was read the second time.
MOTION
Senator Weinstein moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that parents are their children's first and most important teachers, caregivers, and decision makers. The legislature also recognizes that many parents are employed or in school and must seek services in their communities to assist with the care and support of their children. Welfare reform requires parents with low incomes to enter the work force while their children are young, increasing parents' need for the support of such resources. In seeking out resources in their communities to provide care and support for their children, parents throughout the state need and deserve to have the best possible information to help inform their choices about the care and education of their children.
The legislature also finds that research on brain development in young children establishes that early experiences are important to children's emotional, social, physical, and cognitive development. Research also shows a clear and compelling connection between the quality of children's early childhood care and education experiences and later success in school and in life.
The legislature intends to build on the efforts of communities across the state to improve the quality of early learning environments available to children and their families, as well as the information available to families relating to those early learning environments. The legislature recognizes that efforts to improve early learning must build upon existing partnerships between the public and private sectors. The experiences and resources of both public and private entities are essential to making meaningful and lasting improvements in the quality of early learning environments across the state. Statewide leadership is needed to guide and support the efforts of the private and public sectors working together to make systemwide improvements in the quality, affordability, and accessibility of early learning opportunities.
The legislature intends to establish an effective oversight body, composed of representation from the public and private sectors, to provide leadership and vision to strengthen the quality of early learning services and programs for all children and families in the state and to ensure that children enter school ready to succeed.
NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 1 through 6 of this act unless the context clearly requires otherwise.
(1) "Early learning programs and services" include the following: Child care; state, private, and nonprofit preschool programs; child care subsidy programs; and training and professional development programs for early learning professionals.
(2) "Council" means the Washington early learning council.
NEW SECTION. Sec. 3. (1) The Washington early learning council is established in the governor's office. The purpose of the council is to provide vision, leadership, and direction to the improvement, realignment, and expansion of early learning programs and services for children birth to five years of age in order to better meet the early learning needs of children and their families. The goal of the council is to build upon existing efforts and recommend new initiatives, as necessary, to create an adequately financed, high-quality, accessible, and comprehensive early learning system that benefits all young children whose parents choose it.
(2) The council shall develop an early learning plan to improve the organization of early learning programs and services at the state level, and to improve the accessibility and quality of early learning programs and services throughout the state.
(a) By November 15, 2005, the council shall make recommendations to the governor and the appropriate committees of the legislature concerning statewide organization of early learning.
(b) The council shall also make recommendations to the governor and the appropriate committees of the legislature concerning the following:
(i) Identification of current populations being served and potential populations to be served by early learning programs and services;
(ii) The state's role in supporting quality early learning programs and services;
(iii) Appropriate levels and sources of stable and sustainable funding to meet statewide and local need for early learning programs and services, including public-private partnerships;
(iv) Changes in existing early learning programs and services, including the administration of those programs and services, to improve their efficiency, effectiveness, and quality;
(v) Changes in existing early learning programs and services to ensure that the content is aligned with what children need to know and be able to do upon entering school;
(vi) How to maximize available early learning resources to ensure children are receiving continuity of care; and
(vii) Providing for smooth transitions from early learning programs and services to K-12 programs.
(c) As provided in sections 5 and 6 of this act, the council shall focus on quality improvements to licensed child care through the following mechanisms:
(i) A voluntary, quality-based, graduated rating system to provide information to parents on the quality of child care programs and to provide resources and incentives for quality improvements; and
(ii) A tiered-reimbursement system for state-subsidized child care to improve the quality of care for children participating in state-funded care.
(d) The council shall make recommendations to the governor and the appropriate committees of the legislature concerning the regulation of child care, including child care that is exempt from regulation and unlicensed child care that is subject to regulation, in order to ensure the safety, health, quality, and accessibility of child care services throughout the state.
(3) The council shall serve as the advisory committee on early learning to the comprehensive education study steering committee, created in Engrossed Second Substitute Senate Bill No. 5441. The nongovernmental cochair of the council shall serve as the chair of the advisory committee on early learning. The council shall have input on the recommendations developed by the comprehensive education study steering committee.
(4) The council shall make use of existing reports, research, planning efforts, and programs, including, but not limited to, the following: The federal early head start program, the federal head start program, the state early childhood education and assistance program, the state's essential academic learning requirements and K-3 grade level expectations, the Washington state early learning and development benchmarks, existing tiered-reimbursement initiatives, the state's early childhood comprehensive systems plan, and the work of the child care coordinating committee established pursuant to RCW 74.13.090.
NEW SECTION. Sec. 4. (1) The council shall include representation from public, nonprofit, and for-profit entities, and its membership shall reflect regional, racial, and cultural diversity to ensure representation of the needs of all children and families in the state.
(2) The council shall consist of seventeen members, as follows:
(a) One representative each of the governor's office, the department of social and health services, the department of health, and the state board for community and technical colleges, appointed by the governor;
(b) One representative of the office of superintendent of public instruction, appointed by the superintendent of public instruction;
(c) Two representatives of private business and two representatives of philanthropy, appointed by the governor;
(d) Four individuals who have demonstrated leadership and engagement in the field of early learning, appointed by the governor; and
(e) Two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus, and two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus.
(3) The council shall be cochaired by the representative of the governor's office and a nongovernmental member designated by the governor.
(4) Members of the council shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The governor may employ an executive director, who is exempt from the provisions of chapter 41.06 RCW, and such other staff as is necessary to carry out the purposes of sections 1 through 6 of this act. The governor pursuant to RCW 43.03.040 shall fix the salary of the executive director.
(6) The council shall monitor and measure its progress and regularly report, as appropriate, to the governor and the appropriate committees of the legislature on the progress, findings, and recommendations of the council.
(7) The council shall establish one or more technical advisory committees, as needed. Membership of such advisory committees may include the following: Representatives of any state agency the council deems appropriate, including the higher education coordinating board and the state board for community and technical colleges; family home child care providers, child care center providers, and college or university child care providers; parents; early childhood development experts; representatives of school districts and teachers involved in the provision of child care and preschool programs; representatives of resource and referral programs; parent education specialists; pediatric or other health professionals; representatives of citizen groups concerned with child care and early learning; representatives of labor organizations; representatives of private business; and representatives of head start and early childhood education assistance program agencies.
NEW SECTION. Sec. 5. (1) The council shall develop a voluntary, quality-based, graduated rating system consisting of levels of quality to be achieved by licensed child care providers serving children and families in the state. The purpose of the rating system is to provide families with vital information about the quality of early learning programs available to them and to increase the quality of early learning programs operating throughout the state. In developing the voluntary rating system, the council shall seek to build upon existing partnerships and initiate new partnerships between the public and private sectors.
(2) In developing the voluntary rating system, the council shall establish a system of tiers as the basis for the rating system's levels of quality. In developing the system of tiers, the council shall take into consideration the following quality criteria:
(a) Child-to-staff ratios;
(b) Group size;
(c) Learning environment, including staff and child interactions;
(d) Curriculum;
(e) Parent and family involvement and support;
(f) Staff qualifications and training;
(g) Staff professional development;
(h) Staff compensation;
(i) Staff stability;
(j) Accreditation;
(k) Program evaluation; and
(l) Program administrative policies and procedures.
(3) In developing the voluntary rating system, the council shall establish quality assurance measures as well as a mechanism for system evaluation.
(4) In developing the voluntary rating system, the council shall make recommendations concerning both initial and subsequent statewide implementation of the rating system, including the following:
(a) Potential implementing entities;
(b) Sources of funding for implementation;
(c) Necessary infrastructure for facilitating and supporting participation in the rating system, including assistance necessary to help providers progress up the tiers; and
(d) Strategies for raising public awareness of the rating system.
(5) The council shall complete initial development of the voluntary rating system by December 1, 2005, and complete development by December 1, 2006.
(6) The council shall submit the voluntary rating system to the governor and the appropriate fiscal and policy committees of the legislature by January 1, 2007. If no action is taken by the legislature by the end of the 2007 regular legislative session, the council may begin initial implementation of the voluntary rating system, subject to available funding.
NEW SECTION. Sec. 6. (1) The council shall develop a tiered-reimbursement system that provides higher rates of reimbursement for state-subsidized child care for licensed child care providers that achieve one or more levels of quality above basic licensing requirements in accordance with the voluntary quality-based graduated rating system developed pursuant to section 5 of this act.
(2) In developing the tiered-reimbursement system, the council shall review existing tiered-reimbursement initiatives in the state and integrate those initiatives into the tiered-reimbursement system.
(3) The council shall complete initial development of the tiered-reimbursement system by December 1, 2005, to be implemented in two pilot sites in different geographic regions of the state with demonstrated public-private partnerships. The council shall complete development of the tiered-reimbursement system by December 1, 2006, to be implemented statewide, subject to the availability of amounts appropriated by the legislature for this specific purpose.
NEW SECTION. Sec. 7. A new section is added to chapter 74.15 RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of social and health services shall implement the tiered-reimbursement system developed pursuant to section 6 of this act. Implementation of the tiered-reimbursement system shall initially consist of two pilot sites in different geographic regions of the state with demonstrated public-private partnerships, with statewide implementation to follow.
(2) In implementing the tiered-reimbursement system, consideration shall be given to child care providers who provide staff wage progression.
(3) The department shall begin implementation of the two pilot sites by March 30, 2006.
Sec. 8. RCW 28B.135.030 and 1999 c 375 s 3 are each amended to read as follows:
The higher education coordinating board shall administer the program for four-year institutions of higher education. The state board for community and technical colleges shall administer the program for community and technical colleges. The higher education coordinating board and the state board for community and technical colleges shall have the following powers and duties in administering each program:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist in the evaluation of proposals for funding. The review committee shall include but not be limited to individuals from the Washington association for the education of young children((, the child care coordinating committee,)) and the child care resource and referral network;
(3) To establish each biennium specific guidelines for submitting grant proposals consistent with the overall goals of the program. During the 1999-2001 biennium the guidelines shall be consistent with the following desired outcomes of increasing access to child care for students, addressing the demand for infant and toddler care, providing affordable child care alternatives, creating more cooperative preschool programs, creating models that can be replicated at other institutions, creating a partnership between university or college administrations and student government, or its equivalent and increasing efficiency and innovation at campus child care centers;
(4) To establish guidelines for an allocation system based on factors that include but are not limited to: The amount of money available in the trust fund; characteristics of the institutions including the size of the faculty and student body; and the number of child care grants received;
(5) To solicit grant proposals and provide information to the institutions of higher education about the program; and
(6) To establish reporting, evaluation, accountability, monitoring, and dissemination requirements for the recipients of the grants.
Sec. 9. RCW 41.04.385 and 2002 c 354 s 236 are each amended to read as follows:
The legislature finds that (1) demographic, economic, and social trends underlie a critical and increasing demand for child care in the state of Washington; (2) working parents and their children benefit when the employees' child care needs have been resolved; (3) the state of Washington should serve as a model employer by creating a supportive atmosphere, to the extent feasible, in which its employees may meet their child care needs; and (4) the state of Washington should encourage the development of partnerships between state agencies, state employees, state employee labor organizations, and private employers to expand the availability of affordable quality child care. The legislature finds further that resolving employee child care concerns not only benefits the employees and their children, but may benefit the employer by reducing absenteeism, increasing employee productivity, improving morale, and enhancing the employer's position in recruiting and retaining employees. Therefore, the legislature declares that it is the policy of the state of Washington to assist state employees by creating a supportive atmosphere in which they may meet their child care needs. Policies and procedures for state agencies to address employee child care needs will be the responsibility of the director of personnel in consultation with ((the child care coordinating committee, as provided in RCW 74.13.090, and)) state employee representatives.
Sec. 10. RCW 74.13.0903 and 1997 c 58 s 404 are each amended to read as follows:
The office of child care policy is established to operate under the authority of the department of social and health services. The duties and responsibilities of the office include, but are not limited to, the following, within appropriated funds:
(1) ((Staff and assist the child care coordinating committee in the implementation of its duties under RCW 74.13.090;
(2))) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;
(((3))) (2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;
(((4))) (3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:
(a) Provide parents with information about child care resources, including location of services and subsidies;
(b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040;
(c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;
(d) Provide information for businesses regarding child care supply and demand;
(e) Advocate for increased public and private sector resources devoted to child care;
(f) Provide technical assistance to employers regarding employee child care services; and
(g) Serve recipients of temporary assistance for needy families and working parents with incomes at or below household incomes of one hundred seventy-five percent of the federal poverty line;
(((5))) (4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;
(((6))) (5) Maintain a statewide child care licensing data bank and work with department of social and health services licensors to provide information to local child care resource and referral organizations about licensed child care providers in the state;
(((7))) (6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;
(((8))) (7) Coordinate with the statewide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers; and
(((9))) (8) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services.
Sec. 11. RCW 74.15.030 and 2000 c 162 s 20 and 2000 c 122 s 40 are each reenacted and amended to read as follows:
The secretary shall have the power and it shall be the secretary's duty:
(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;
(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;
(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;
(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;
(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;
(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;
(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and
(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;
(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;
(4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;
(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;
(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;
(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with ((the child care coordinating committee and other)) affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and
(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.
NEW SECTION. Sec. 12. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 74.13.090 (Child care coordinating committee) and 1995 c 399 s 204, 1993 c 194 s 7, 1989 c 381 s 3, & 1988 c 213 s 2; and
(2) RCW 74.13.0901 (Child care partnership) and 1989 c 381 s 4.
NEW SECTION. Sec. 14. Sections 1 through 6 of this act expire July 1, 2007.
NEW SECTION. Sec. 15. 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."
Senator Weinstein spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning, K-12 & Higher Education to Engrossed Second Substitute House Bill No. 1152.
The motion by Senator Weinstein carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "learning;" strike the remainder of the title and insert "amending RCW 28B.135.030, 41.04.385, and 74.13.0903; reenacting and amending RCW 74.15.030; adding a new section to chapter 74.15 RCW; creating new sections; repealing RCW 74.13.090 and 74.13.0901; providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Weinstein, the rules were suspended, Engrossed Second Substitute House Bill No. 1152, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Weinstein spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1152, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1152, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30
Voting nay: Senators Benton, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Johnson, McCaslin, Morton, Mulliken, Pflug, Roach, Schoesler, Stevens, Wyss and Zarelli - 16
Excused: Senators Honeyford, Oke and Parlette - 3
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1152, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1469, by Representatives Lovick, Jarrett, Haigh and Armstrong
Changing hearing procedures for violations of commercial motor vehicle laws, rules, and orders.
The measure was read the second time.
MOTION
Senator Swecker moved that the following committee striking amendment by the Committee on Transportation be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.32.100 and 1998 c 172 s 1 are each amended to read as follows:
In addition to all other penalties provided by law, a commercial motor vehicle that is subject to terminal safety audits under this chapter and an officer, agent, or employee of a company operating a commercial motor vehicle who violates or who procures, aids, or abets in the violation of this title or any order or rule of the state patrol is liable for a penalty of one hundred dollars for each violation, except for each violation of 49 C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49 C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec. 396.9(c)(2), moving a vehicle placed out of service before the out of service defects have been satisfactorily repaired, for which the person is liable for a penalty of five hundred dollars. Each violation is a separate and distinct offense, and in case of a continuing violation every day's continuance is a separate and distinct violation.
The penalty provided in this section is due and payable when the person incurring it receives a notice in writing from the patrol describing the violation and advising the person that the penalty is due. The patrol may, upon written application for review, received within fifteen days, remit or mitigate a penalty provided for in this section or discontinue a prosecution to recover the penalty upon such terms it deems proper and may ascertain the facts upon all such applications in such manner and under such rules as it deems proper. If the amount of the penalty is not paid to the patrol within fifteen days after receipt of the notice imposing the penalty, or application for remission or mitigation has not been made within fifteen days after the violator has received notice of the disposition of the application, the ((attorney general shall bring an action)) patrol may commence an adjudicative proceeding under chapter 34.05 RCW in the name of the state of Washington ((in the superior court of Thurston county or of some other county in which the violator does business,)) to confirm the violation and recover the penalty. In all such ((actions)) proceedings the procedure and rules of evidence are ((the same as an ordinary civil action)) as specified in chapter 34.05 RCW except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the state patrol highway account of the motor vehicle fund."
Senator Swecker spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to House Bill No. 1469.
The motion by Senator Swecker carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "orders;" strike the remainder of the title and insert "and amending RCW 46.32.100."
MOTION
On motion of Senator Swecker, the rules were suspended, House Bill No. 1469, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senators Prentice and Fairley were excused.
The President declared the question before the Senate to be the final passage of House Bill No. 1469, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1469, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 44
Excused: Senators Fairley, Honeyford, Oke, Parlette and Prentice - 5
HOUSE BILL NO. 1469, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1754, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Hunt, Nixon, McDermott, Haigh, Upthegrove, Moeller, Kenney, Chase, Simpson, Miloscia, Sells and Linville)
Authorizing county-wide mail ballot elections.
The measure was read the second time.
MOTION
Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29A.48.010 and 2004 c 266 s 14 are each amended to read as follows:
(1) With express authorization from the county legislative authority, the county auditor may conduct all primary, special, and general elections entirely by mail ballot. The county legislative authority must give the county auditor at least ninety days' notice before the first election to be conducted entirely by mail ballot. If the county legislative authority and the county auditor decide to return to a polling place election environment, the county legislative authority must give the county auditor at least one hundred eighty days' notice before the first election to be conducted using polling places. Authorization under this subsection must apply to all primary, special, and general elections conducted by the county auditor.
(2) The county auditor may designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29A.08.140 as a mail ballot precinct. ((The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only.)) Authorization from the county legislative authority is not required to designate a precinct as a mail ballot precinct under this subsection. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29A.60.230.
(3) The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting will be by mail ballot only. The auditor shall mail each active voter a ballot at least eighteen days before a primary, general election, or special election. The auditor shall send each inactive voter either a ballot or an application to receive a ballot at least eighteen days before a primary, general election, or special election. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW ((29.36.270)) 29A.40.070 apply to elections conducted by mail ballot ((precincts)).
(4) If the ((precinct exceeds two hundred registered voters, or the)) county legislative authority and county auditor determine under subsection (1) of this section, or if the county auditor determines under subsection (2) of this section, to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used."
MOTION
Senator Kastama moved that the following amendment by Senator Kastama to the committee striking amendment be adopted.
On page 2, after line 18 of the amendment, insert the following:
"NEW SECTION. Sec. 2. The secretary of state shall evaluate available technologies to allow voters the ability to conveniently determine if their mail ballots were received and counted by their county auditor. No later than December 31, 2006, the secretary of state shall submit a report to the legislature outlining available mail ballot tracking technology. The report must include the secretary of state's recommendations on whether such technology should be implemented, and if so, how."
Senator Kastama spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kastama on page 2, after line 18 to the committee striking amendment to Substitute House Bill No. 1754 as amended by the Senate.
The motion by Senator Kastama carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections as amended to Substitute House Bill No. 1754.
The motion by Senator Kastama carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendments were adopted:
On page 1, line 1 of the title, after "elections;" strike the remainder of the title and insert "and amending RCW 29A.48.010."
On page 2, line 20 of the title amendment, strike everything after "insert" and insert "amending RCW 29A.48.010; and creating a new section."
MOTION
On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1754 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kastama, Spanel, Kline, Schmidt and Sheldon spoke in favor of passage of the bill.
Senators Roach, Hargrove and Benton spoke against passage of the bill
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1754, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1754, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28
Voting nay: Senators Benton, Carrell, Deccio, Delvin, Esser, Finkbeiner, Fraser, Hargrove, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens, Wyss and Zarelli - 20
Excused: Senator Oke - 1
SUBSTITUTE HOUSE BILL NO. 1754, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1478, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Kagi, O'Brien, Simpson, Morrell, Lovick, Kenney, P. Sullivan, Nixon and Chase)
Increasing penalties for failure to secure a vehicle load on a public highway.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove, Kline and Esser be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.61.655 and 1990 c 250 s 56 are each amended to read as follows:
(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. ((Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.))
(2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
(4)(a) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
(b) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
(5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.
(6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
(7)(a)(i) A person is guilty of failure to secure a load in the first degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section and causes substantial bodily harm to another.
(ii) Failure to secure a load in the first degree is a gross misdemeanor.
(b)(i) A person is guilty of failure to secure a load in the second degree if he or she, with criminal negligence, fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1) or (2) of this section and causes damage to property of another.
(ii) Failure to secure a load in the second degree is a misdemeanor.
(c) A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection (1), (2), or (3) of this section is guilty of an infraction if such failure does not amount to a violation of (a) or (b) of this subsection.
Sec. 2. RCW 46.63.020 and 2004 c 95 s 14 are each amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's license;
(11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
(23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(24) RCW 46.48.175 relating to the transportation of dangerous articles;
(25) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(28) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(29) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(30) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(31) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;
(32) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.5249 relating to first degree negligent driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(42) RCW 46.61.530 relating to racing of vehicles on highways;
(43) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
(44) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(((44))) (45) RCW 46.61.740 relating to theft of motor vehicle fuel;
(((45))) (46) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(((46))) (47) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(((47))) (48) Chapter 46.65 RCW relating to habitual traffic offenders;
(((48))) (49) RCW 46.68.010 relating to false statements made to obtain a refund;
(((49))) (50) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(((50))) (51) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(((51))) (52) RCW 46.72A.060 relating to limousine carrier insurance;
(((52))) (53) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(((53))) (54) RCW 46.72A.080 relating to false advertising by a limousine carrier;
(((54))) (55) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((55))) (56) Chapter 46.82 RCW relating to driver's training schools;
(((56))) (57) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(((57))) (58) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW."
Senators Hargrove and Esser spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Kline and Esser to Substitute House Bill No. 1478.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "highways;" strike the remainder of the title and insert "amending RCW 46.61.655 and 46.63.020; and prescribing penalties."
MOTION
On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1478, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Esser spoke in favor of passage of the bill.
MOTIONS
On motion of Senator Mulliken, Senators Parlette, Honeyford and Benton were excused.
On motion of Senator Regala, Senator Prentice was excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1478, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1478 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Wyss - 43
Voting nay: Senators Morton, Stevens and Zarelli - 3
Excused: Senators Benton, Honeyford and Oke - 3
SUBSTITUTE HOUSE BILL NO. 1478, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
INTRODUCTION OF SPECIAL GUESTS
The President introduced and welcomed Ms. Maria Federici and her mother Ms. Robin Abel who were seated in the gallery with a friend of the family. The injuries suffered by Ms. Federici during a highway accident near her Renton home resulted in the previous bill. The President recognized their courageous and determined efforts on its behalf.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 12, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5477, with the following amendments{s}:
On page 2, line 7, after "evidence." insert:
"While the legislature intends to bring the sentencing reform act into compliance as previously indicated, the legislature recognizes the need to restore the judicial discretion that has been limited as a result of the Blakely decision."
On page 9, after line 2, insert:
"NEW SECTION. Sec. 5. The Sentencing Guidelines Commission shall review the sentencing reform act as it relates to the sentencing grid, all provisions providing for exceptional sentences both above and below the standard sentencing ranges, and judicial discretion in sentencing. As part of its review, the Commission shall:
(a) study the relevant provisions of the sentencing reform act, including the provisions in this act;
(b) consider how to restore the judicial discretion which has been limited as a result of the Blakely decision;
(c) consider the use of advisory sentencing guidelines for all or any group of crimes;
(d) draft proposed legislation that seeks to address the limitations placed on judicial discretion in sentencing as a result of the Blakely decision; and
(e) determine the fiscal impact of any proposed legislation. The Commission shall submit its findings and proposed legislation to the legislature no later than December 1, 2005."
Renumber the sections consecutively and correct any internal references accordingly.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kline moved that the Senate concur in the House amendment(s) to Senate Bill No. 5477.
Senators Kline and Johnson spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Senate Bill No. 5477.
The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5477.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5477, as amended by the House.
Senator Kline spoke in favor of passage of the bill.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5477, as amended by the House, and the Bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 46
Absent: Senator Kohl-Welles - 1
Excused: Senators Honeyford and Oke - 2
SENATE BILL NO. 5477 as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 5:24 p.m., on motion of Senator Eide, the Senate was declared to be at recess until 7 p.m.
EVENING SESSION
The Senate was called to order at 7:00 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1242, by House Committee on Appropriations (originally sponsored by Representatives Linville, Jarrett, Miloscia, Tom, Haigh, Sommers, Pettigrew, Pearson, Clibborn, Kristiansen, O'Brien, Orcutt, Quall, Morris, Lantz, Wallace, Kagi, Grant, Morrell, Chase, Springer, Lovick, Kessler, Dunshee, Appleton, P. Sullivan, Kilmer, Hunter, Upthegrove, Williams, Roberts, Dickerson, Sells, Eickmeyer, Nixon, Kenney and Ormsby)
Focusing the state budgeting process on outcomes and priorities.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 1242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Prentice spoke in favor of passage of the bill.
MOTION
On motion of Senator Mulliken, Senators Brandland, Parlette, Johnson, McCaslin, Deccio and Zarelli were excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1242.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1242 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Wyss - 43
Absent: Senators Hewitt and Pflug - 2
Excused: Senators Deccio, McCaslin, Oke and Zarelli - 4
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1242, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1606, by House Committee on Health Care (originally sponsored by Representatives Green, Skinner, Cody, Bailey, Clibborn, Williams, Morrell and Schual-Berke)
Providing for fairness in the informal dispute resolution process.
The measure was read the second time.
MOTION
Senator Keiser moved that the following committee striking amendment by the Committee on Health & Long-Term Care be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.20.195 and 2004 c 140 s 5 are each amended to read as follows:
(1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
(4) If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. If the department determines that a violation should have been cited ((or an enforcement remedy imposed)) under a different more appropriate regulation, the department shall ((add the citation or enforcement remedy)) revise the report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.
NEW SECTION. Sec. 2. A new section is added to chapter 18.51 RCW to read as follows:
(1) A nursing home provider shall have the right to an informal review to present written evidence to refute the findings or deficiencies cited during a licensing or certification survey or a complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a deficiency, or parts of a deficiency, cited by the department.
(2) The informal dispute resolution process provided by the department shall, at a minimum, be consistent with 42 C.F.R. 488.331 and the federal state operations manual and shall require the department when conducting an informal dispute resolution process with a nursing home provider or its designee to provide an opportunity for input from residents or resident representatives.
(3) If the department determines that a deficiency should not be cited, the department shall delete the deficiency. If the department determines that a deficiency should have been cited under a different more appropriate regulation, the department shall revise the statement of deficiencies accordingly. If the provider is successful in demonstrating that one or more deficiencies should not have been cited, the deficiency or deficiencies are removed from the statement of deficiencies and any enforcement action imposed solely as a result of the cited deficiency or deficiencies are rescinded. Upon request, the department shall issue a clean copy of the statement of deficiencies or notice of enforcement action. The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter."
Senator Keiser spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Health & Long-Term Care to Substitute House Bill No. 1606.
The motion by Senator Keiser carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "process;" strike the remainder of the title and insert "amending RCW 18.20.195; and adding a new section to chapter 18.51 RCW."
MOTION
On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1606, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Keiser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1606, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1606, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Wyss - 45
Excused: Senators Deccio, McCaslin, Oke and Zarelli - 4
SUBSTITUTE HOUSE BILL NO. 1606, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1290, by House Committee on Appropriations (originally sponsored by Representatives Cody, Bailey, Schual-Berke, Campbell, Morrell, Hinkle, Green, Appleton, Moeller, Haigh, Linville, Kenney, Wood and Santos)
Modifying community mental health services provisions.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be not adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.24.015 and 2001 c 334 s 6 and 2001 c 323 s 1 are each reenacted and amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:
(1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) The involvement of persons with mental illness, their family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and employment of persons with mental illness. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness, consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;
(3) Accountability of efficient and effective services through state of the art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;
(((3))) (4) Minimum service delivery standards;
(((4))) (5) Priorities for the use of available resources for the care of the mentally ill consistent with the priorities defined in the statute;
(((5))) (6) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, regional support networks, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and
(((6))) (7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders including services operated by consumers and advocates. The legislature intends to encourage the development of county-based and county-managed regional mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care which will integrate planning, administration, and service delivery duties ((assigned to counties)) under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs. The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the provision of needed community mental health programs and services are ultimately expended solely for the purpose for which they were appropriated, and not for any other purpose.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.
Sec. 2. RCW 71.24.025 and 2001 c 323 s 8 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs ((under RCW 71.24.045)), federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(((e))) (d).
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available resources.
(6) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by regional support networks.
(8) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(9) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(((9))) (10) "Department" means the department of social and health services.
(((10))) (11) "Emerging best practice" or "promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.
(12) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(13) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.
(((11))) (14) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(((12))) (15) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (((17))) (23), and (((18))) (24) of this section.
(((13))) (16) "Regional support network" means a county authority or group of county authorities or other entity recognized by the secretary ((that enter into joint operating agreements to contract with the secretary pursuant to this chapter)) through a department procurement process.
(((14))) (17) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes, and may include outpatient services provided as an element in a package of services in a supported housing model. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(((15))) (18) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.
(19) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(20) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.
(21) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Acutely mentally ill adults and children; (b) chronically mentally ill adults; (c) severely emotionally disturbed children; or (d) seriously disturbed adults determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
(((16))) (22) "Secretary" means the secretary of social and health services.
(((17))) (23) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(((18))) (24) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(((19))) (25) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(((20))) (26) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.
NEW SECTION. Sec. 3. A new section is added to chapter 71.24 RCW to read as follows:
(1) The secretary shall establish, on a pilot basis, a procurement process in each county with a population over one million persons to establish a regional support network. The pilot procurement process shall encourage the preservation of infrastructure previously purchased by the community mental service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. County, provider, and consumer/advocate-based organizations shall be given the opportunity to compete and to have their bids considered on an equal basis with any other competing entity. The procurement process shall provide that public funds shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under section 7 of the federal labor relations act. The secretary shall seek input from stakeholders in the development of the procurement.
(2) In addition to the requirements of RCW 71.24.035, the process shall:
(a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;
(b) Require that existing collaboration between agencies and government bodies, including state, county, and city law enforcement and correctional agencies, be maintained and improved;
(c) Require continued collaboration with the county alcohol and drug coordinators and adherence to any department adopted integrated screening and assessment process for mental and substance abuse disorders; and
(d) Provide the secretary with the authority and a process to hold both the regional support networks and any subcontractors accountable for accomplishing the provisions of the contract.
(3) The procurement process shall also include a requirement for a separately funded mental health ombudsman office in each regional support network that is independent of the regional support network. The ombudsman office shall maximize the use of consumer advocates.
(4) The pilot shall take effect July 1, 2005, and end June 30, 2007.
Sec. 4. RCW 71.24.035 and 2001 c 334 s 7 and 2001 c 323 s 10 are each reenacted and amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the ((county authority if a county)) regional support network if the regional support network fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates ((county)) regional biennial needs assessments and ((county)) regional mental health service plans and state services for mentally ill adults and children. The secretary ((may)) shall also develop a six-year state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the ((county's)) region's residents in the following order of priority: (i) The acutely mentally ill; (ii) chronically mentally ill adults and severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for mentally ill persons which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in mentally ill persons becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;
(ii) Regional support networks; and
(iii) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards, which shall be used in contracting with regional support networks ((or counties)). The standard contract shall include a maximum fund balance, which shall ((not exceed ten percent)) be consistent with that required by federal regulations or waiver stipulations;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of ((county authorities)) regional support networks and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;
(g) Develop and maintain an information system to be used by the state, counties, and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.400, 71.05.410, 71.05.420, 71.05.430, and 71.05.440. The design of the system and the data elements to be collected shall be reviewed by the work group appointed by the secretary under section 5(1) of this act and representing the department, regional support networks, service providers, consumers, and advocates. The data elements shall be designed to provide information that is needed to measure performance and achieve the service outcomes identified in section 5 of this act;
(h) License service providers who meet state minimum standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit ((counties,)) regional support networks((,)) and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter; ((and))
(m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter; and
(n) Assure the availability of an appropriate amount, as determined by the legislature in the operating budget by amounts appropriated for this specific purpose, of community-based, geographically distributed residential services.
(6) The secretary shall use available resources only for ((regional support networks)) the community mental health service delivery system, consistent with the priorities for both client populations and the services to be provided as defined in this chapter.
(7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected parties, shall establish a distribution formula that reflects ((county)) regional needs assessments based on the number of persons who are acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact on ((counties)) regions of demographic factors ((in counties)) which result in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the population concentrations resulting from commitments under chapters 71.05 and 71.34 RCW to state psychiatric hospitals, as well as concentration in urban areas, at border crossings at state boundaries, and other significant demographic and workload factors.
(b) The formula shall also include a projection of the funding allocations that will result for each ((county)) region, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.
(c) After July 1, 2003, the department may allocate up to two percent of total funds to be distributed to the regional support networks for incentive payments to reward the achievement of superior outcomes, or significantly improved outcomes, as measured by a statewide performance measurement system consistent with the framework recommended in the joint legislative audit and review committee's performance audit of the mental health system. The department shall annually report to the legislature on its criteria and allocation of the incentives provided under this subsection.
(14) The secretary shall assume all duties assigned to the nonparticipating ((counties)) regional support networks under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties ((under)) in regions where there are not participating regional support networks.
The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) ((Allocate one hundred percent of available resources to the regional support networks in accordance with subsection (13) of this section. Incentive payments authorized under subsection (13) of this section may be allocated separately from other available resources.
(d))) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(((e))) (d) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, regional support networks shall have full rights to appeal under chapter 34.05 RCW.
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.
NEW SECTION. Sec. 5. A new section is added to chapter 71.24 RCW to read as follows:
Any regional support network selected pursuant to the pilot procurement process under section 3 of this act shall:
(1) Contract as needed with licensed service providers. The regional support network may, in the absence of a licensed service provider entity, become a licensed service provider entity pursuant to minimum standards required for licensing by the department for the purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service provider if it deems that doing so is more efficient and cost-effective than contracting for services. When doing so, the regional support network shall comply with rules promulgated by the secretary that shall provide measurements to determine when a regional support network provided service is more efficient and cost-effective;
(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the regional support network to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal process which ensures that the licensed service providers and professionals designated in this subsection meet the terms of their contracts;
(4) Assure that the special needs of minorities, the elderly, individuals with disabilities, children, and low-income persons are met within the priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Work with county authorities to ensure that policies do not result in an adverse shift of mentally ill persons into state and local correctional facilities;
(7) Work with the department to expedite the enrollment or re-enrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases;
(8) If a regional support network under the pilot procurement process is not controlled by the county, work closely with the county designated mental health professional or county designated crisis responder to maximize appropriate placement of persons into community services; and
(9) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital.
Sec. 6. RCW 71.24.240 and 1982 c 204 s 13 are each amended to read as follows:
In order to establish eligibility for funding under this chapter, any ((county or counties)) regional support network seeking to obtain federal funds for the support of any aspect of a community mental health program as defined in this chapter shall submit program plans to the secretary for prior review and approval before such plans are submitted to any federal agency.
Sec. 7. RCW 71.24.300 and 2001 c 323 s 17 are each amended to read as follows:
A county authority or a group of county authorities whose combined population is no less than forty thousand may enter into a joint operating agreement to form a regional support network. Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served. The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary. If a regional support network subject to the procurement process in section 3 of this act is a private entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(1) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Assume the powers and duties of county authorities within its area as described in RCW 71.24.045 (1) through (7).
(c) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(d) Provide within the boundaries of each regional support network evaluation and treatment services for at least eighty-five percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks with populations of less than one hundred fifty thousand may contract to purchase evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to contracts with neighboring or contiguous regions.
(e) Administer a portion of funds appropriated by the legislature to house mentally ill persons in state institutions from counties within the boundaries of any regional support network, with the exception of persons currently confined at, or under the supervision of, a state mental hospital pursuant to chapter 10.77 RCW, and provide for the care of all persons needing evaluation and treatment services for periods up to seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions. The regional support networks shall reimburse the state for use of state institutions at a rate equal to that assumed by the legislature when appropriating funds for such care at state institutions during the biennium when reimbursement occurs. The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the efforts to implement this section by October 1, 2002. The duty of a state hospital to accept persons for evaluation and treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this section.
(f) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children as provided in this chapter designed to achieve the outcomes specified in section 5 of this act.
(g) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(2) Regional support networks shall assume all duties assigned to county authorities by this chapter and chapter 71.05 RCW.
(3) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(4) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be established by the department and be broadly representative of the demographic character of the region and the mentally ill persons served therein. The membership shall include, but not be limited to representatives of consumers, families, county-elected officials, and law enforcement. Length of terms of board members shall be determined by the regional support network.
(5) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
(6) Counties or groups of counties participating in a regional support network are not subject to RCW 71.24.045(6).
(7) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (1) of this section.
Sec. 8. RCW 74.09.010 and 1990 c 296 s 6 are each amended to read as follows:
As used in this chapter:
(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 committee created in section 3 of this act.
(3))) "Community services office" means the county or local office defined in RCW 74.04.005.
(3) "Confined" or "confinement" means incarcerated in a correctional institution or admitted to an institution for mental diseases.
(4) "Correctional institution" means a correctional institution defined in RCW 9.94.049.
(5) "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))) (6) "Department" means the department of social and health services.
(((5))) (7) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.
(((6))) (8) "Institution for mental diseases" has the meaning defined in 42 C.F.R., part 435, Sec. 1009.
(9) "Internal management" means the administration of medical assistance, medical care services, the children's health program, and the limited casualty program.
(((7))) (10) "Likely to be eligible" means that a person:
(a) Was enrolled in medicaid or supplemental security income or general assistance immediately before he or she was confined and his or her enrollment was terminated during his or her confinement; or
(b) Was enrolled in medicaid or supplemental security income or general assistance at any time during the five years before his or her confinement, and medical or psychiatric examinations during the person's confinement indicate that the person continues to be disabled and the disability is likely to last at least twelve months following release.
(11) "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))) (12) "Medicaid eligibility category" refers to all existing eligibility categories established in the state medicaid plan, including enrollment in medicaid by virtue of eligibility to receive cash payments under the supplemental security income program of the social security administration.
(13) "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))) (14) "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))) (15) "Nursing home" means nursing home as defined in RCW 18.51.010.
(((11))) (16) "Parent" means a parent, guardian, or legal custodian.
(17) "Poverty" means the federal poverty level determined annually by the United States department of health and human services, or successor agency.
(((12))) (18) "Secretary" means the secretary of social and health services.
NEW SECTION. Sec. 9. A new section is added to chapter 74.09 RCW to read as follows:
(1) The economic services administration shall adopt standardized statewide screening and application practices and forms. These practices and forms shall be implemented in every local office not later than January 1, 2006.
(2) The forms shall be structured to facilitate completion by persons with disabilities, including those with mental disorders.
(3) Neither the department nor any local office may exclude a person from application or screen that person as ineligible for medicaid based solely on a determination that the person is using or addicted to alcohol or other psychoactive substances, as defined in chapter 70.96A RCW.
(4) Neither the department nor any local office may remove a confined person from an active medicaid caseload sooner than required by federal law.
(5) Subject to available funds, the department shall provide persons with assistance in preparing applications and maintaining eligibility for medicaid.
NEW SECTION. Sec. 10. A new section is added to chapter 74.09 RCW to read as follows:
The secretary shall negotiate with the social security administration in good faith to establish a prerelease agreement or agreements under which the department will work collaboratively with the social security administration, correctional institutions, institutions for mental diseases, and the department of corrections to ensure that applications on behalf of confined persons who are likely to be eligible for supplemental security income or social security disability income are accepted, whenever possible, at the earliest possible date prior to release from confinement and are speedily handled by the social security administration to maximize the opportunity for confined persons to have an eligibility determination and enrollment in place on the day of release from confinement.
NEW SECTION. Sec. 11. A new section is added to chapter 74.09 RCW to read as follows:
(1) The department and each of its community services offices shall enter interlocal agreements with correctional institutions, the regional support networks, the department of corrections, and institutions for mental diseases to expedite medical assistance eligibility determinations for persons likely to be eligible for services under this chapter, upon release from confinement.
(2) The interlocal agreements shall establish procedures to facilitate eligibility determinations, and enrollment on the day of release from confinement whenever possible.
(3) The interlocal agreements shall define the responsibilities of each party, and the procedures through which those responsibilities will be fulfilled. At a minimum, the agreements shall provide that:
(a) If a person is likely to be eligible, as defined in this chapter, the correctional institution, department of corrections, or institution for mental diseases shall notify the designated community services office of the person's anticipated release date at the earliest practicable time prior to release from confinement. If a correctional institution does not know the anticipated release date, or a person is ordered to be immediately released, the correctional institution shall notify the community services office at the earliest opportunity;
(b) The community services office shall find the person presumptively eligible for medical assistance under this chapter, to the maximum extent allowable under federal law, and shall facilitate prompt completion of a final eligibility determination;
(c) Where medical or psychiatric examinations during a person's confinement indicate that the person is disabled, the correctional institution, department of corrections, or institution for mental diseases shall provide that information to the department and the department shall, to the maximum extent permitted by federal law, use the examination in making its determination whether the person is disabled and eligible for medical assistance.
NEW SECTION. Sec. 12. A new section is added to chapter 71.24 RCW to read as follows:
The secretary shall require the regional support networks to develop interlocal agreements pursuant to section 11 of this act. To this end, the regional support networks shall accept referrals for enrollment on behalf of a confined person, prior to the person's release.
NEW SECTION. Sec. 13. A new section is added to chapter 72.09 RCW to read as follows:
The secretary shall negotiate with the department of social and health services and the regional support networks to reach an agreement under section 11 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 43.20A RCW to read as follows:
The department shall report to the appropriate committees of the legislature by September 30, 2005, and annually thereafter:
(1) The number of agreements developed under sections 10 through 13 of this act;
(2) The number of persons with mental disorders and co-occurring mental and chemical dependency disorders leaving confinement with established or restored medical assistance enrollment;
(3) The number of persons enrolled in the regional support networks upon release; and
(4) The number of persons denied eligibility or enrollment.
NEW SECTION. Sec. 15. (1) A joint legislative and executive task force on mental health services delivery and financing is created. The joint task force shall consist of eight members, as follows: The secretary of the department of social and health services or his or her designee; the president of the Washington state association of counties or his or her designee; a representative from the governor's office; two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus; two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus; and the chair of the joint legislative audit and review committee or his or her designee. Staff support for the joint task force shall be provided by the office of financial management, the house of representatives office of program research, and senate committee services.
(2) The joint task force may create advisory committees to assist the joint task force in its work.
(3) Joint task force members may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060 and chapter 44.04 RCW, as appropriate. Advisory committee members, if appointed, shall not receive compensation or reimbursement for travel or expenses.
(4) The joint task force shall oversee and make recommendations related to:
(a) The reorganization of the mental health administrative structure within the department of social and health services;
(b) The pilot procurement process established by section 3 of this act, including a preprocurement request for information to identify organizations qualified to be designated a regional support network and regional support networks that are currently meeting or exceeding the contract requirements;
(c) The establishment of regional support networks in counties with a population greater than one million through the pilot procurement process;
(d) Serving the needs of nonmedicaid consumers for the priority populations under chapter 71.24 RCW; and
(e) The types, numbers, and locations of inpatient psychiatric hospital and community residential beds needed to serve persons with a mental illness.
(5) The joint task force shall report its initial findings and recommendations to the governor and appropriate committees of the legislature by January 1, 2006, and its final findings and recommendations by June 30, 2007.
(6) This section expires June 30, 2007.
NEW SECTION. Sec. 16. This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 71.24.025, 71.24.240, 71.24.300, and 74.09.010; reenacting and amending RCW 71.24.015 and 71.24.035; adding new sections to chapter 71.24 RCW; adding new sections to chapter 74.09 RCW; adding a new section to chapter 72.09 RCW; adding a new section to chapter 43.20A RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency."
The President declared the question before the Senate to be the motion by Senator Hargrove to not adopt the committee striking amendment by the Committee on Human Services & Corrections to Engrossed Second Substitute House Bill No. 1290.
The motion by Senator Hargrove carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.24.015 and 2001 c 334 s 6 and 2001 c 323 s 1 are each reenacted and amended to read as follows:
It is the intent of the legislature to establish a community mental health program which shall help people experiencing mental illness to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:
(1) Access to mental health services for adults of the state who are acutely mentally ill, chronically mentally ill, or seriously disturbed and children of the state who are acutely mentally ill, severely emotionally disturbed, or seriously disturbed, which services recognize the special needs of underserved populations, including minorities, children, the elderly, disabled, and low-income persons. Access to mental health services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of mentally ill children and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) The involvement of persons with mental illness, their family members, and advocates in designing and implementing mental health services that reduce unnecessary hospitalization and incarceration and promote the recovery and employment of persons with mental illness. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness, consumer and advocate participation in mental health services is an integral part of the community mental health system and shall be supported;
(3) Accountability of efficient and effective services through state of the art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;
(((3))) (4) Minimum service delivery standards;
(((4))) (5) Priorities for the use of available resources for the care of the mentally ill consistent with the priorities defined in the statute;
(((5))) (6) Coordination of services within the department, including those divisions within the department that provide services to children, between the department and the office of the superintendent of public instruction, and among state mental hospitals, county authorities, regional support networks, community mental health services, and other support services, which shall to the maximum extent feasible also include the families of the mentally ill, and other service providers; and
(((6))) (7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide mental health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders including services operated by consumers and advocates. The legislature intends to encourage the development of ((county-based and county-managed)) regional mental health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. To this end, counties are encouraged to enter into joint operating agreements with other counties to form regional systems of care ((which)). Regional systems of care, whether operated by a county, group of counties, or another entity shall integrate planning, administration, and service delivery duties ((assigned to counties)) under chapters 71.05 and 71.24 RCW to consolidate administration, reduce administrative layering, and reduce administrative costs. The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the provision of needed community mental health programs and services are ultimately expended solely for the purpose for which they were appropriated, and not for any other purpose.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end the legislature intends to promote active engagement with mentally ill persons and collaboration between families and service providers.
Sec. 2. RCW 71.24.025 and 2001 c 323 s 8 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose of providing community mental health programs ((under RCW 71.24.045)), federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71.05 RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other mental health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals, except as negotiated according to RCW 71.24.300(1)(((e))) (d).
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than twelve months. "Substantial gainful activity" shall be defined by the department by rule consistent with Public Law 92-603, as amended.
(5) "Community mental health program" means all mental health services, activities, or programs using available resources.
(6) "Community mental health service delivery system" means public or private agencies that provide services specifically to persons with mental disorders as defined under RCW 71.05.020 and receive funding from public sources.
(7) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for mentally ill persons being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for acutely mentally ill and severely emotionally disturbed children discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71.05 RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by regional support networks.
(8) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(9) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a community mental health program, or two or more of the county authorities specified in this subsection which have entered into an agreement to provide a community mental health program.
(((9))) (10) "Department" means the department of social and health services.
(((10))) (11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter.
(12) "Emerging best practice" or "promising practice" means a practice that presents, based on preliminary information, potential for becoming a research-based or consensus-based practice.
(13)"Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(14) "Licensed service provider" means an entity licensed according to this chapter or chapter 71.05 RCW or an entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department, that meets state minimum standards or individuals licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it applies to registered nurses and advanced registered nurse practitioners.
(((11))) (15) "Mental health services" means all services provided by regional support networks and other services provided by the state for the mentally ill.
(((12))) (16) "Mentally ill persons" and "the mentally ill" mean persons and conditions defined in subsections (1), (4), (((17))) (24), and (((18))) (25) of this section.
(((13))) (17) "Recovery" means the process in which people are able to live, work, learn, and participate fully in their communities.
(18) "Regional support network" means a county authority or group of county authorities or other entity recognized by the secretary ((that enter into joint operating agreements to contract with the secretary pursuant to this chapter)) in contract in a defined region.
(((14))) (19) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for acutely mentally ill persons, chronically mentally ill adults, severely emotionally disturbed children, or seriously disturbed adults determined by the regional support network to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter 71.05 RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service mentally ill persons in nursing homes, boarding homes, and adult family homes. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(((15))) (20) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(21) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.
(22) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Acutely mentally ill adults and children; (b) chronically mentally ill adults; (c) severely emotionally disturbed children; or (d) seriously disturbed adults determined solely by a regional support network to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, twenty-four hour a day availability of information regarding mentally ill adults' and children's enrollment in services and their individual service plan to county-designated mental health professionals, evaluation and treatment facilities, and others as determined by the regional support network.
(((16))) (23) "Secretary" means the secretary of social and health services.
(((17))) (24) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter 71.34 RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(((18))) (25) "Severely emotionally disturbed child" means a child who has been determined by the regional support network to be experiencing a mental disorder as defined in chapter 71.34 RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a mentally ill or inadequate caretaker;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, psychiatric hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(((19))) (26) "State minimum standards" means minimum requirements established by rules adopted by the secretary and necessary to implement this chapter for: (a) Delivery of mental health services; (b) licensed service providers for the provision of mental health services; (c) residential services; and (d) community support services and resource management services.
(((20))) (27) "Tribal authority," for the purposes of this section and RCW 71.24.300 only, means: The federally recognized Indian tribes and the major Indian organizations recognized by the secretary insofar as these organizations do not have a financial relationship with any regional support network that would present a conflict of interest.
Sec. 3. RCW 71.24.030 and 2001 c 323 s 9 are each amended to read as follows:
The secretary is authorized to make grants ((to)) and/or purchase services from counties ((or)), combinations of counties ((in the establishment and operation of)), or other entities, to establish and operate community mental health programs.
NEW SECTION. Sec. 4. A new section is added to chapter 71.24 RCW to read as follows:
(1) The secretary shall initiate a procurement process for regional support networks in 2005. In the first step of the procurement process, existing regional support networks may respond to a request for qualifications developed by the department. The secretary shall issue the request for qualifications not later than October 1, 2005. The request for qualifications shall be based on cost-effectiveness, adequate residential and service capabilities, effective collaboration with criminal justice agencies and the chemical dependency treatment system, and the ability to provide the full array of services as stated in the mental health state plan, and shall meet all applicable federal and state regulations and standards. An existing regional support network shall be awarded the contract with the department if it substantially meets the requirements of the request for qualifications developed by the department.
(2) If an existing regional support network chooses not to respond to the request for qualifications, or is unable to substantially meet the requirements of the request for qualifications, the department shall utilize a procurement process in which other entities recognized by the secretary may bid to serve as the regional support network in that region. The procurement process shall begin with a request for proposals issued March 1, 2006.
NEW SECTION. Sec. 5. A new section is added to chapter 71.24 RCW to read as follows:
There shall be not less than eight and not more than fourteen regional support networks.
NEW SECTION. Sec. 6. A new section is added to chapter 71.24 RCW to read as follows:
(1) Contracts between a regional support network and the department shall include mechanisms for monitoring performance under the contract and remedies for failure to substantially comply with the requirements of the contract including, but not limited to, financial penalties, termination of the contract, and reprocurement of the contract.
(2) The procurement process shall encourage the preservation of infrastructure previously purchased by the community mental health service delivery system, the maintenance of linkages between other services and delivery systems, and maximization of the use of available funds for services versus profits. The procurement process shall provide that public funds appropriated by the legislature shall not be used to promote or deter, encourage, or discourage employees from exercising their rights under Title 29, chapter 7, subchapter II, United States Code or chapter 41.56 RCW.
(3) In addition to the requirements of RCW 71.24.035, contracts shall:
(a) Define administrative costs and ensure that the regional support network does not exceed an administrative cost of ten percent of available funds;
(b) Require effective collaboration with law enforcement, criminal justice agencies, and the chemical dependency treatment system;
(c) Require substantial implementation of department adopted integrated screening and assessment process and matrix of best practices; and
(d) Maintain the decision-making independence of designated mental health professionals.
Sec. 7. RCW 71.24.035 and 2001 c 334 s 7 and 2001 c 323 s 10 are each reenacted and amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary shall provide for public, client, and licensed service provider participation in developing the state mental health program, developing contracts with regional support networks, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the ((county authority if a county fails)) regional support network if the regional support network fails to meet state minimum standards or refuses to exercise responsibilities under RCW 71.24.045.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates ((county)) regional biennial needs assessments and ((county)) regional mental health service plans and state services for mentally ill adults and children. The secretary ((may)) shall also develop a six-year state mental health plan;
(b) Assure that any regional or county community mental health program provides access to treatment for the ((county's)) region's residents in the following order of priority: (i) The acutely mentally ill; (ii) chronically mentally ill adults and severely emotionally disturbed children; and (iii) the seriously disturbed. Such programs shall provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for mentally ill persons which includes training in basic living and social skills, supported work, vocational rehabilitation, and day activities. Such services may include therapeutic treatment. In the case of a child, day treatment includes age-appropriate basic living and social skills, educational and prevocational services, day activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to state mental health facilities to determine the appropriateness of admission;
(E) Employment services, which may include supported employment, transitional work, placement in competitive employment, and other work-related services, that result in mentally ill persons becoming engaged in meaningful and gainful full or part-time work. Other sources of funding such as the division of vocational rehabilitation may be utilized by the secretary to maximize federal funding and provide for integration of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;
(ii) Regional support networks; and
(iii) Inpatient services, evaluation and treatment services and facilities under chapter 71.05 RCW, resource management services, and community support services;
(d) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards and sections 4 and 6 of this act, which shall be used in contracting with regional support networks ((or counties)). The standard contract shall include a maximum fund balance, which shall ((not exceed ten percent)) be consistent with that required by federal regulations or waiver stipulations;
(f) Establish, to the extent possible, a standardized auditing procedure which minimizes paperwork requirements of ((county authorities)) regional support networks and licensed service providers. The audit procedure shall focus on the outcomes of service and not the processes for accomplishing them;
(g) Develop and maintain an information system to be used by the state((, counties,)) and regional support networks that includes a tracking method which allows the department and regional support networks to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and in RCW 71.05.390, 71.05.400, 71.05.410, 71.05.420, 71.05.430, and 71.05.440((. The design of the system and the data elements to be collected shall be reviewed by the work group appointed by the secretary under section 5(1) of this act and representing the department, regional support networks, service providers, consumers, and advocates. The data elements shall be designed to provide information that is needed to measure performance and achieve the service outcomes identified in section 5 of this act));
(h) License service providers who meet state minimum standards;
(i) Certify regional support networks that meet state minimum standards;
(j) Periodically monitor the compliance of certified regional support networks and their network of licensed service providers for compliance with the contract between the department, the regional support network, and federal and state rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(l) Monitor and audit ((counties,)) regional support networks((,)) and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter; ((and))
(m) Adopt such rules as are necessary to implement the department's responsibilities under this chapter; and
(n) Assure the availability of an appropriate amount, as determined by the legislature in the operating budget by amounts appropriated for this specific purpose, of community-based, geographically distributed residential services.
(6) The secretary shall use available resources only for regional support networks, except to the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act.
(7) Each certified regional support network and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A certified regional support network or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may have its certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any regional support network or service provider from operating without certification or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition by the secretary, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any regional support network or service provider refusing to consent to inspection or examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a regional support network or service provider without certification or a license under this chapter.
(12) The standards for certification of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13)(a) The department, in consultation with affected parties, shall establish a distribution formula that reflects ((county)) regional needs assessments based on the number of persons who are acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed. The formula shall take into consideration the impact on ((counties)) regions of demographic factors ((in counties)) which result in concentrations of priority populations as set forth in subsection (5)(b) of this section. These factors shall include the population concentrations resulting from commitments under chapters 71.05 and 71.34 RCW to state psychiatric hospitals, as well as concentration in urban areas, at border crossings at state boundaries, and other significant demographic and workload factors.
(b) The formula shall also include a projection of the funding allocations that will result for each ((county)) region, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.
(c) After July 1, 2003, the department may allocate up to two percent of total funds to be distributed to the regional support networks for incentive payments to reward the achievement of superior outcomes, or significantly improved outcomes, as measured by a statewide performance measurement system consistent with the framework recommended in the joint legislative audit and review committee's performance audit of the mental health system. The department shall annually report to the legislature on its criteria and allocation of the incentives provided under this subsection.
(14) The secretary shall assume all duties assigned to the nonparticipating ((counties)) regional support networks under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those which would have been assigned to the nonparticipating counties ((under)) in regions where there are not participating regional support networks.
The regional support networks, or the secretary's assumption of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(15) The secretary shall:
(a) Disburse funds for the regional support networks within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with regional support networks. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) ((Allocate one hundred percent of available resources to the regional support networks in accordance with subsection (13) of this section. Incentive payments authorized under subsection (13) of this section may be allocated separately from other available resources.
(d))) Notify regional support networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(((e))) (d) Deny funding allocations to regional support networks based solely upon formal findings of noncompliance with the terms of the regional support network's contract with the department. Written notice and at least thirty days for corrective action must precede any such action. In such cases, regional support networks shall have full rights to appeal under chapter 34.05 RCW.
(16) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by free-standing evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.
Sec. 8. RCW 71.24.045 and 2001 c 323 s 12 are each amended to read as follows:
The ((county authority)) regional support network shall:
(1) Contract as needed with licensed service providers. The ((county authority)) regional support network may, in the absence of a licensed service provider entity, become a licensed service provider entity pursuant to minimum standards required for licensing by the department for the purpose of providing services not available from licensed service providers;
(2) Operate as a licensed service provider if it deems that doing so is more efficient and cost effective than contracting for services. When doing so, the ((county authority)) regional support network shall comply with rules promulgated by the secretary that shall provide measurements to determine when a ((county)) regional support network provided service is more efficient and cost effective;
(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the ((county)) regional support network to provide services required by this chapter. The monitoring and audits shall be performed by means of a formal process which insures that the licensed service providers and professionals designated in this subsection meet the terms of their contracts;
(4) Assure that the special needs of minorities, the elderly, disabled, children, and low-income persons are met within the priorities established in this chapter;
(5) Maintain patient tracking information in a central location as required for resource management services and the department's information system;
(6) Use not more than two percent of state-appropriated community mental health funds, which shall not include federal funds, to administer community mental health programs under RCW 71.24.155: PROVIDED, That county authorities serving a county or combination of counties whose population is one hundred twenty-five thousand or more may be entitled to sufficient state-appropriated community mental health funds to employ up to one full-time employee or the equivalent thereof in addition to the two percent limit established in this subsection when such employee is providing staff services to a county mental health advisory board;
(7) Collaborate to ensure that policies do not result in an adverse shift of mentally ill persons into state and local correctional facilities;
(8) Work with the department to expedite the enrollment or re-enrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases;
(9) If a regional support network is not operated by the county, work closely with the county designated mental health professional or county designated crisis responder to maximize appropriate placement of persons into community services; and
(10) Coordinate services for individuals who have received services through the community mental health system and who become patients at a state mental hospital.
Sec. 9. RCW 71.24.100 and 1982 c 204 s 7 are each amended to read as follows:
A county authority or a group of county authorities may enter into a joint operating agreement to form a regional support network. Any agreement between two or more county authorities for the establishment of a ((community mental health program)) regional support network shall provide:
(1) That each county shall bear a share of the cost of mental health services; and
(2) That the treasurer of one participating county shall be the custodian of funds made available for the purposes of such mental health services, and that the treasurer may make payments from such funds upon audit by the appropriate auditing officer of the county for which he is treasurer.
Sec. 10. RCW 71.24.240 and 1982 c 204 s 13 are each amended to read as follows:
In order to establish eligibility for funding under this chapter, any ((county or counties)) regional support network seeking to obtain federal funds for the support of any aspect of a community mental health program as defined in this chapter shall submit program plans to the secretary for prior review and approval before such plans are submitted to any federal agency.
Sec. 11. RCW 71.24.300 and 2001 c 323 s 17 are each amended to read as follows:
((A county authority or a group of county authorities whose combined population is no less than forty thousand may enter into a joint operating agreement to form a regional support network.)) Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served. The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary. If a regional support network is a private entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(1) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) ((Assume the powers and duties of county authorities within its area as described in RCW 71.24.045 (1) through (7).
(c))) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(((d))) (c) Provide within the boundaries of each regional support network evaluation and treatment services for at least eighty-five percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks with populations of less than one hundred fifty thousand may contract to purchase evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to contracts with neighboring or contiguous regions.
(((e))) (d) Administer a portion of funds appropriated by the legislature to house mentally ill persons in state institutions from counties within the boundaries of any regional support network, with the exception of persons currently confined at, or under the supervision of, a state mental hospital pursuant to chapter 10.77 RCW, and provide for the care of all persons needing evaluation and treatment services for periods up to seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions. The regional support networks shall reimburse the state for use of state institutions at a rate equal to that assumed by the legislature when appropriating funds for such care at state institutions during the biennium when reimbursement occurs. The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the efforts to implement this section by October 1, 2002. The duty of a state hospital to accept persons for evaluation and treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this section.
(((f))) (e) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children ((as provided in this chapter designed to achieve the outcomes specified in section 5 of this act)).
(((g))) (f) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(2) ((Regional support networks shall assume all duties assigned to county authorities by this chapter and chapter 71.05 RCW.
(3))) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(((4))) (3) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be broadly representative of the demographic character of the region and ((the mentally ill persons served therein)) shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the regional support network, county elected officials. Composition and length of terms of board members may differ between regional support networks but shall be ((determined)) included in each regional support network's contract and approved by the ((regional support network)) secretary.
(((5))) (4) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
(((6) Counties or groups of counties participating in a regional support network are not subject to RCW 71.24.045(6).
(7))) (5) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (1) of this section.
NEW SECTION. Sec. 12. A new section is added to chapter 74.09 RCW to read as follows:
(1) The department shall adopt rules and policies providing that when persons with a mental disorder, who were enrolled in medical assistance immediately prior to confinement, are released from confinement, their medical assistance coverage will be fully reinstated on the day of their release, subject to any expedited review of their continued eligibility for medical assistance coverage that is required under federal or state law.
(2) The department, in collaboration with the Washington association of sheriffs and police chiefs, the department of corrections, and the regional support networks, shall establish procedures for coordination between department field offices, institutions for mental disease, and correctional institutions, as defined in RCW 9.94.049, that result in prompt reinstatement of eligibility and speedy eligibility determinations for persons who are likely to be eligible for medical assistance services upon release from confinement. Procedures developed under this subsection must address:
(a) Mechanisms for receiving medical assistance services applications on behalf of confined persons in anticipation of their release from confinement;
(b) Expeditious review of applications filed by or on behalf of confined persons and, to the extent practicable, completion of the review before the person is released;
(c) Mechanisms for providing medical assistance services identity cards to persons eligible for medical assistance services immediately upon their release from confinement; and
(d) Coordination with the federal social security administration, through interagency agreements or otherwise, to expedite processing of applications for federal supplemental security income or social security disability benefits, including federal acceptance of applications on behalf of confined persons.
(3) Where medical or psychiatric examinations during a person's confinement indicate that the person is disabled, the correctional institution or institution for mental diseases shall provide the department with that information for purposes of making medical assistance eligibility and enrollment determinations prior to the person's release from confinement. The department shall, to the maximum extent permitted by federal law, use the examination in making its determination whether the person is disabled and eligible for medical assistance.
(4) For purposes of this section, "confined" or "confinement" means incarcerated in a correctional institution, as defined in RCW 9.94.049, or admitted to an institute for mental disease, as defined in 42 C.F.R. part 435, Sec. 1009 on the effective date of this section.
(5) For purposes of this section, "likely to be eligible" means that a person:
(a) Was enrolled in medicaid or supplemental security income or general assistance immediately before he or she was confined and his or her enrollment was terminated during his or her confinement; or
(b) Was enrolled in medicaid or supplemental security income or general assistance at any time during the five years before his or her confinement, and medical or psychiatric examinations during the person's confinement indicate that the person continues to be disabled and the disability is likely to last at least twelve months following release.
(6) The economic services administration shall adopt standardized statewide screening and application practices and forms designed to facilitate the application of a confined person who is likely to be eligible for medicaid.
NEW SECTION. Sec. 13. A new section is added to chapter 71.24 RCW to read as follows:
The secretary shall require the regional support networks to develop interlocal agreements pursuant to section 12 of this act. To this end, the regional support networks shall accept referrals for enrollment on behalf of a confined person, prior to the person's release.
NEW SECTION. Sec. 14. (1) A joint legislative and executive task force on mental health services delivery and financing is created. The joint task force shall consist of eight members, as follows: The secretary of the department of social and health services or his or her designee; the president of the Washington state association of counties or his or her designee; a representative from the governor's office; two members of the senate appointed by the president of the senate, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus; two members of the house of representatives appointed by the speaker of the house of representatives, one of whom shall be a member of the majority caucus and one of whom shall be a member of the minority caucus; and the chair of the joint legislative audit and review committee or his or her designee. Staff support for the joint task force shall be provided by the office of financial management, the house of representatives office of program research, and senate committee services.
(2) The joint task force may create advisory committees to assist the joint task force in its work.
(3) Joint task force members may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060 and chapter 44.04 RCW, as appropriate. Advisory committee members, if appointed, shall not receive compensation or reimbursement for travel or expenses.
(4) The joint task force shall oversee and make recommendations related to:
(a) The reorganization of the mental health administrative structure within the department of social and health services;
(b) The standards and correction process and the procurement process established by sections 4 through 6 of this act, including the establishment of regional support networks through a procurement process;
(c) The extent to which the current funding distribution methodology achieves equity in funding and access to services for mental health services consumers;
(d) Serving the needs of nonmedicaid consumers for the priority populations under chapter 71.24 RCW; and
(e) The types, numbers, and locations of inpatient psychiatric hospital and community residential beds needed to serve persons with a mental illness.
(5) The joint task force shall report its initial findings and recommendations to the governor and appropriate committees of the legislature by January 1, 2006, and its final findings and recommendations by June 30, 2007.
(6) This section expires June 30, 2007.
NEW SECTION. Sec. 15. (1) The department of social and health services shall enter into a contract with regional support networks for the period ending August 31, 2006. The department shall issue a request for proposal to the extent required by section 4 of this act and the contract shall be effective September 1, 2006.
(2) This section expires June 30, 2007.
NEW SECTION. Sec. 16. The code reviser shall replace all references to "county designated mental health professional" with "designated mental health professional" in the Revised Code of Washington.
NEW SECTION. Sec. 17. This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 19. Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Senators Hargrove and Stevens spoke in favor of adoption of the striking amendment.
Senator Schoesler spoke against adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Engrossed Second Substitute House Bill No. 1290.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 71.24.025, 71.24.030, 71.24.045, 71.24.100, 71.24.240, and 71.24.300; reenacting and amending RCW 71.24.015 and 71.24.035; adding new sections to chapter 71.24 RCW; adding a new section to chapter 74.09 RCW; creating new sections; providing expiration dates; and declaring an emergency."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute House Bill No. 1290, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hargrove, Parlette and Thibaudeau spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1290, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1290, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 45
Absent: Senator Haugen - 1
Excused: Senators Deccio, McCaslin and Oke - 3
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1290, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1170, by Representatives Dickerson, Cody, Sommers, Darneille, Schual-Berke, Kenney and Clibborn
Eliminating basic health plan eligibility of persons holding student visas.
The measure was read the second time.
MOTION
On motion of Senator Keiser, the rules were suspended, House Bill No. 1170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Keiser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1170.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1170 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 45
Absent: Senator Haugen - 1
Excused: Senators Deccio, McCaslin and Oke - 3
HOUSE BILL NO. 1170, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Haugen was excused.
On motion of Senator Honeyford, Senators Swecker and Zarelli were excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1304, by House Committee on Judiciary (originally sponsored by Representatives Kessler, O'Brien, Lantz, Tom, Lovick, Pearson, Hunt, Moeller, Kirby, Kristiansen, Hunter, Condotta, Dunshee, Nixon, Springer, Jarrett, Simpson, Kilmer, Upthegrove, Williams, Linville, Kenney and Dickerson)
Revising provisions relating to animal cruelty.
The measure was read the second time.
MOTION
Senator Weinstein moved that the following amendment by Senators Weinstein, Jacobsen and Benton be adopted.
On page 2, after line 17, insert the following:
"Sec. 3. RCW 16.52.117 and 1994 c 261 s 11 are each amended to read as follows:
(1) ((Any)) A person ((who does any of the following is guilty of a gross misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine and imprisonment)) commits the crime of animal fighting if the person knowingly does any of the following:
(a) Owns, possesses, keeps, ((or)) breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
(b) ((For amusement or gain causes any animal to fight with another animal, or causes any animals to injure each other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or promotes or aids or abets any such act.)) Promotes, organizes, conducts, participates in, advertises, or performs any service in the furtherance of an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
(c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent to deprive the owner of the pet animal, and with the intent of using the stray animal or pet animal for animal fighting, or for training or baiting for the purpose of animal fighting.
(2) ((Any person who is knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subsection (1)(b) of this section, with the intent to be present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.)) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
(3) Nothing in this section ((may)) prohibits the following:
(a) The use of ((dogs)) animals in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of ((dogs)) animals in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law."
On page 1, line 1 of the title, after "16.52.205" strike "and 16.52.207" and insert ", 16.52.207, and 16.52.117"
WITHDRAWAL OF AMENDMENT
On motion of Senator Weinstein, the amendment by Senators Weinstein, Jacobsen and Benton to Substitute House Bill No. 1304 was withdrawn.
MOTION
Senator Carrell moved that the following amendment by Senators Carrell, Weinstein and Hargrove be adopted.
On page 2, after line 17, insert the following:
"Sec. 3. RCW 16.52.117 and 1994 c 261 s 11 are each amended to read as follows:
(1) ((Any)) A person ((who does any of the following is guilty of a gross misdemeanor punishable by imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine and imprisonment)) commits the crime of animal fighting if the person knowingly does any of the following:
(a) Owns, possesses, keeps, ((or)) breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
(b) ((For amusement or gain causes any animal to fight with another animal, or causes any animals to injure each other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his or her charge or control, or promotes or aids or abets any such act.)) Promotes, organizes, conducts, participates in, advertises, or performs any service in the furtherance of an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
(c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent to deprive the owner of the pet animal, and with the intent of using the stray animal or pet animal for animal fighting, or for training or baiting for the purpose of animal fighting.
(2) ((Any person who is knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition of the fighting of animals, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subsection (1)(b) of this section, with the intent to be present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.)) A person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
(3) Nothing in this section ((may)) prohibits the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
(4) For the purposes of this section, "animal" means dogs or male chickens."
POINT OF ORDER
Senator Carrell: “Mr. President, a point of order. There is amendment 585 that I wish to withdraw. Shouldn’t that be done first?”
President Owen: “When the first amendment was withdrawn, it went with it because it was to it.”
Senators Carrell and Weinstein spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Carrell, Weinstein and Hargrove on page 2, after line 17 to Substitute House Bill No. 1304.
The motion by Senator Carrell carried and the amendment was adopted by voice vote.
POINT OF PARLIAMENTARY INQUIRY
Senator Kline: “With one amendment adopted and one automatically withdrawn, are there any other amendments at the bar?”
President Owen: “No.”
MOTION
Senator Kline moved the following oral title amendment be adopted:
On page 1 of the existing title, insert ‘ and amending RCW 16.52.117’
There being no objection, the oral title amendment was adopted.
MOTION
On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1304, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline, Esser, Johnson, Shin and Weinstein spoke in favor of passage of the bill.
POINT OF INQUIRY
Senator Regala: “Would Senator Esser yield to a question? I may be misunderstanding what I’m reading one section of the bill. I see that it strikes the language regarding the provision that makes it a crime to be a spectator at animal fighting sports. Am I misreading that?”
Senator Esser: “Is that from the amendment that was just adopted.”
Senator Regala: “Yes.”
Senator Esser: “I think that the Senator from the twenty-eighth district may be better able to answer that question, that was his amendment along with the Senator from the forty-first. I’m more familiar with the underlying bill.”
POINT OF INQUIRY
Senator Regala: “Would the fine gentleman from the twenty-eighth district be able to answer my question?
Senator Carrell: “Well, I will try and I would like to pass the buck to the fine gentleman from….. My amendment is simply to add to the underline bill a clarification that the types of animals that we are dealing with here are male chickens and dogs.”
Senator Regala spoke on passage of the bill.
Senator Weinstein: “Thank you Mr. President, I’d like to speak to the question that Senator Regala asked. As I understand it as this bill made it’s way through the process, the reason the spectator section was taken out because it was thought that there are some people who unintentionally go to dog fights thinking it’s something else and since this bill moved it up to Class C Felony we wanted to remove that provision from those who unintentionally would be at a dog fight. Other wise it’s a fantastic bill and I urge that you support this bill.”
MOTIONS
On motion of Senator Hewitt, Senators Finkbeiner, Honeyford and Parlette were excused.
POINT OF INQUIRY
Senator Shin: “Would Senator Weinstein yield to a question? In the biological sense of the word, we humans are known as ‘homo sapiens,’ which means the highest creature in animal kingdom. Does that mean this bill includes human beings as well?”
Senator Weinstein: “No, it only includes cocks and dogs for the amendment.”
Senator Shin: “Well, we’re animals too.”
Senator Weinstein: ‘Well, I think if somebody suffocates or starves a homosapian, then I think they should be guilty of a Class C Felony as well.”
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1304, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1304, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Deccio, Finkbeiner, Haugen, Honeyford, McCaslin, Oke, Parlette and Swecker - 8
SUBSTITUTE HOUSE BILL NO. 1304, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2212, by House Committee on Appropriations (originally sponsored by Representatives Hunter, Cox, Haigh, Talcott and Lantz)
Relating to educator certification. Revised for 2nd Substitute: Revising educator certification provisions.
The measure was read the second time.
MOTION
Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.415 RCW to read as follows:
(1) The office of the superintendent of public instruction shall verify that degrees earned by certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, are obtained from an educational institution accredited by an accrediting association recognized by rule of the higher education coordinating board.
(2) No salary increase may be approved before there has been verification of accreditation under subsection (1) of this section.
(3)(a) Certificated staff who submit degrees received from an unaccredited educational institution for the purposes of receiving a salary increase shall be fined three hundred dollars. The fine shall be paid to the office of the superintendent of public instruction and used for costs of administering this section.
(b) In addition to the fine in (a) of this subsection, certificated staff who receive salary increases based upon degrees earned from educational institutions that have been verified to be unaccredited must reimburse the district for any compensation received based on these degrees.
Sec. 2. RCW 28A.410.090 and 2004 c 134 s 2 are each amended to read as follows:
(1) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of any school district superintendent, educational service district superintendent, or private school administrator for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state.
If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred based on a written complaint alleging physical abuse or sexual misconduct by a certificated school employee filed by a parent or another person, but no complaint has been forwarded to the superintendent by a school district superintendent, educational service district superintendent, or private school administrator, and that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.
(2) A parent or another person may file a written complaint with the superintendent of public instruction alleging physical abuse or sexual misconduct by a certificated school employee if:
(a) The parent or other person has already filed a written complaint with the educational service district superintendent concerning that employee;
(b) The educational service district superintendent has not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual basis upon which the parent or other person believes an investigation should be conducted.
(3) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. The person whose certificate is in question shall be given an opportunity to be heard. Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989. Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.
(4)(a) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be suspended or revoked, according to the provisions of this subsection, by the authority authorized to grant the certificate upon a finding that an employee has engaged in an unauthorized use of school equipment to intentionally access material depicting sexually explicit conduct or has intentionally possessed on school grounds any material depicting sexually explicit conduct; except for material used in conjunction with established curriculum. A first time violation of this subsection shall result in either suspension or revocation of the employee's certificate or permit as determined by the office of the superintendent of public instruction. A second violation shall result in a mandatory revocation of the certificate or permit.
(b) In all cases under this subsection (4), the person whose certificate is in question shall be given an opportunity to be heard and has the right to appeal as established in RCW 28A.410.100. Certificates or permits shall be suspended or revoked under this subsection only if findings are made on or after the effective date of this section. For the purposes of this subsection, "sexually explicit conduct" has the same definition as provided in RCW 9.68A.011."
Senator McAuliffe spoke in favor of adoption of the committee striking amendment.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe and Schoesler to the committee striking amendment be adopted.
On page 1, beginning on line 5 of the amendment, strike all material through "degrees." on line 22 and insert the following:
"(1) All credits earned in furtherance of degrees earned by certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, must be obtained from an educational institution accredited by an accrediting association recognized by rule of the state board of education.
(2) The office of the superintendent of public instruction shall verify for school districts the accreditation status of educational institutions granting degrees that are used by certificated staff to increase earnings on the salary schedule consistent with RCW 28A.415.023.
(3) The office of the superintendent of public instruction shall provide school districts with training and additional resources to ensure they can verify that degrees earned by certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, are obtained from an educational institution accredited by an accrediting association recognized by rule of the state board of education.
(4)(a) No school district may submit degree information before there has been verification of accreditation under subsection (3) of this section.
(b) Certificated staff who submit degrees received from an unaccredited educational institution for the purposes of receiving a salary increase shall be fined three hundred dollars. The fine shall be paid to the office of the superintendent of public instruction and used for costs of administering this section.
(c) In addition to the fine in (b) of this subsection, certificated staff who receive salary increases based upon degrees earned from educational institutions that have been verified to be unaccredited must reimburse the district for any compensation received based on these degrees."
Senator McAuliffe spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Schoesler on page 1, line 5 to the committee striking amendment to Second Substitute House Bill No. 2212.
The motion by Senator McAuliffe carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning, K-12 & Higher Education as amended to Second Substitute House Bill No. 2212.
The motion by Senator McAuliffe carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "certification;" strike the remainder of the title and insert "amending RCW 28A.410.090; and adding a new section to chapter 28A.415 RCW."
MOTION
On motion of Senator McAuliffe, the rules were suspended, Second Substitute House Bill No. 2212, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McAuliffe and Schmidt spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2212, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2212, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Deccio, Finkbeiner, Haugen, Honeyford, McCaslin, Oke, Parlette and Swecker - 8
SECOND SUBSTITUTE HOUSE BILL NO. 2212, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1823, by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Kretz, Serben, McCune, Armstrong, Rodne, Buri, Clements, Cox, Sump, Haler, Pettigrew, Grant, Holmquist, Walsh, Strow, Haigh and Kristiansen)
Assisting the economic development of underserved rural communities by assisting an owner or operator that has discontinued using an underground petroleum storage tank. Revised for 1st Substitute: Providing financial assistance for the costs of underground petroleum storage tanks in rural communities.
The measure was read the second time.
MOTION
On motion of Senator Poulsen, the rules were suspended, Substitute House Bill No. 1823 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Morton spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senators Doumit and Kohl-Welles were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1823.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1823 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein, Wyss and Zarelli - 39
Excused: Senators Deccio, Doumit, Finkbeiner, Haugen, Honeyford, Kohl-Welles, McCaslin, Oke, Parlette and Swecker - 10
SUBSTITUTE HOUSE BILL NO. 1823, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1132, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Nixon, Haigh and Shabro)
Allowing more candidates to file with the secretary of state.
The measure was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 1132 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1132.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1132 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Wyss - 37
Absent: Senators Brown and Zarelli - 2
Excused: Senators Deccio, Doumit, Finkbeiner, Haugen, Honeyford, Kohl-Welles, McCaslin, Oke, Parlette and Swecker - 10
SUBSTITUTE HOUSE BILL NO. 1132, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senators Brown and Zarelli were excused.
SECOND READING
HOUSE BILL NO. 1206, by Representative O'Brien
Repealing obsolete or superseded laws.
The measure was read the second time.
MOTION
Senator Kline moved that the following committee striking amendment by the Committee on Judiciary 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 49.44.100 (Bringing in out-of-state persons to replace employees involved in labor dispute--Penalty) and 2003 c 53 s 277 & 1961 c 180 s 1;
(2) RCW 67.14.020 (Sale or other disposition of liquor--County license--Penalty) and 1873 p 437 s 2;
(3) RCW 67.14.040 (Retail liquor license) and 1973 1st ex.s. c 154 s 100, 1875 p 124 s 1, & 1873 p 438 s 4;
(4) RCW 67.14.050 (Wholesale liquor license--Billiard table, bowling alley licenses) and 1873 p 438 s 5;
(5) RCW 67.14.060 (Liquor sales, keeping games, without license--Penalty) and 1873 p 439 s 6;
(6) RCW 67.14.070 (Purchase of license--Bond) and 1873 p 439 s 7;
(7) RCW 67.14.080 (Duration of license) and 1873 p 439 s 8;
(8) RCW 67.14.090 (Issuance of license) and 1873 p 439 s 9;
(9) RCW 67.14.100 (When contrivance deemed kept for hire) and 1873 p 440 s 10;
(10) RCW 67.14.110 (Druggists excepted) and 1873 p 440 s 11;
(11) RCW 67.14.120 (Disposition of fees, fines, and forfeitures) and 1987 c 202 s 226, 1969 ex.s. c 199 s 29, & 1873 p 440 s 12;
(12) RCW 70.54.060 (Ambulances and drivers) and 1945 c 65 s 1; and
(13) RCW 70.54.065 (Ambulances and drivers--Penalty) and 1945 c 65 s 2."
Senator Kline spoke in favor of adoption of the committee striking amendment.
MOTION
Senator Keiser moved that the following amendment by Senator Keiser to the committee striking amendment be adopted.
On page 1 of the amendment, after line 23, insert the following:
"(12) RCW 68.50.560 (Anatomical gifts--Hospital procedure--Records--Liability) and 1993 c 228 s 5;"
Renumber the remaining subsections consecutively.
Senator Keiser spoke in favor of adoption of the amendment to the committee striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Keiser on page 1, after line 23 to the committee striking amendment to House Bill No. 1206.
The motion by Senator Keiser carried and the amendment to the committee striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary as amended to House Bill No. 1206.
The motion by Senator Kline carried and the committee striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendments were adopted:
On page 1, line 1 of the title, after "laws;" strike the remainder of the title and insert "and repealing RCW 49.44.100, 67.14.020, 67.14.040, 67.14.050, 67.14.060, 67.14.070, 67.14.080, 67.14.090, 67.14.100, 67.14.110, 67.14.120, 70.54.060, and 70.54.065."
On page 2, line 4 of the title amendment, after "67.14.120," insert "68.50.560"
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 1206, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kline spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senators Fraser and Prentice were excused.
The President declared the question before the Senate to be the final passage of House Bill No. 1206, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1206, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Franklin, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein, Wyss and Zarelli - 37
Excused: Senators Brown, Deccio, Doumit, Finkbeiner, Fraser, Honeyford, Kohl-Welles, McCaslin, Oke, Parlette, Prentice and Swecker - 12
HOUSE BILL NO. 1206, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1081, by Representatives McDonald, O'Brien, Morrell and Pearson
Requiring prehire screening for law enforcement applicants.
The measure was read the second time.
MOTION
Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.101.080 and 2001 c 166 s 1 are each amended to read as follows:
The commission shall have all of the following powers:
(1) To meet at such times and places as it may deem proper;
(2) To adopt any rules and regulations as it may deem necessary;
(3) To contract for services as it deems necessary in order to carry out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, and city government, and other commissions affected by or concerned with the business of the commission;
(5) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it;
(6) To select and employ an executive director, and to empower him to perform such duties and responsibilities as it may deem necessary;
(7) To assume legal, fiscal, and program responsibility for all training conducted by the commission;
(8) To establish, by rule and regulation, standards for the training of criminal justice personnel where such standards are not prescribed by statute;
(9) To own, establish, and operate, or to contract with other qualified institutions or organizations for the operation of, training and education programs for criminal justice personnel and to purchase, lease, or otherwise acquire, subject to the approval of the department of general administration, a training facility or facilities necessary to the conducting of such programs;
(10) To establish, by rule and regulation, minimum curriculum standards for all training programs conducted for employed criminal justice personnel;
(11) To review and approve or reject standards for instructors of training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;
(12) To direct the development of alternative, innovate, and interdisciplinary training techniques;
(13) To review and approve or reject training programs conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards recommended by the training standards and education boards;
(14) To allocate financial resources among training and education programs conducted by the commission;
(15) To allocate training facility space among training and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any training or education program conducted or approved by the commission to any person so completing such a program;
(17) To provide for the employment of such personnel as may be practical to serve as temporary replacements for any person engaged in a basic training program as defined by the commission;
(18) To establish rules and regulations recommended by the training standards and education boards prescribing minimum standards relating to physical, mental and moral fitness which shall govern the recruitment of criminal justice personnel where such standards are not prescribed by statute or constitutional provision;
(19) To require that each applicant that has been offered a conditional offer of employment as a fully commissioned peace officer or a fully commissioned reserve officer take and successfully pass a psychological examination and a polygraph test or similar assessment procedure as administered by county, city, or state law enforcement agencies as a condition of employment as a peace officer. The psychological examination and the polygraph examination shall be administered in accordance with the requirements of RCW 43.101.095(2). The employing county, city, or state law enforcement agency may require that each peace officer or reserve officer who is required to take a psychological examination and a polygraph or similar test pay a portion of the testing fee based on the actual cost of the test or four hundred dollars, whichever is less. County, city, and state law enforcement agencies may establish a payment plan if they determine that the peace officer or reserve officer does not readily have the means to pay for his or her portion of the testing fee.
All rules and regulations adopted by the commission shall be adopted and administered pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public meetings act, chapter 42.30 RCW.
Sec. 2. RCW 43.101.095 and 2001 c 167 s 2 are each amended to read as follows:
(1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or exemption therefrom, by meeting all requirements of RCW 43.101.200, as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter.
(2)(a) As a condition of continuing employment for any applicant that has been offered a conditional offer of employment as a fully commissioned peace officer or a reserve officer after the effective date of this act, including any person whose certification has lapsed as a result of a break of more than twenty-four consecutive months in the officer's service as a fully commissioned peace officer or reserve officer, the applicant shall successfully pass a psychological examination and a polygraph or similar test as administered by the county, city, or state law enforcement agency that complies with the following requirements:
(i) The psychological examination shall be administered by a psychiatrist licensed in the state of Washington pursuant to chapter 18.71 RCW or a psychologist licensed in the state of Washington pursuant to chapter 18.83 RCW. The examination shall consist of, at a minimum, a standardized clinical test that is widely used as an objective clinical screening tool for personality and psychosocial disorders. The test that is used and the conditions under which the test is administered, scored, and interpreted must comply with accepted psychological standards. Additional tests may be administered at the option of the employing law enforcement agency.
(ii) The polygraph examination or similar assessment shall be administered by an experienced polygrapher who is a graduate of a polygraph school accredited by the American polygraph association.
(b) The employing county, city, or state law enforcement agency may require that each peace officer or reserve officer who is required to take a psychological examination and a polygraph or similar test pay a portion of the testing fee based on the actual cost of the test or four hundred dollars, whichever is less. County, city, and state law enforcement agencies may establish a payment plan if they determine that the peace officer or reserve officer does not readily have the means to pay for his or her portion of the testing fee.
(3) The commission shall certify peace officers who have satisfied, or have been exempted by statute or by rule from, the basic training requirements of RCW 43.101.200 on or before January 1, 2002. Thereafter, the commission may revoke certification pursuant to this chapter.
(((2))) (4) The commission shall allow a peace officer to retain status as a certified peace officer as long as the officer: (a) Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification revoked by the commission.
(((3))) (5) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under RCW 43.101.155, a peace officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are directly related to a certification matter or decertification matter before the commission.
Sec. 3. RCW 43.101.105 and 2001 c 167 s 3 are each amended to read as follows:
(1) Upon request by a peace officer's employer or on its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing, if a hearing is timely requested by the peace officer under RCW 43.101.155, based upon a finding of one or more of the following conditions:
(((1))) (a) The peace officer has failed to timely meet all requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training equivalency, or a certificate of exemption from the training;
(((2))) (b) The peace officer has knowingly falsified or omitted material information on an application for training or certification to the commission;
(((3))) (c) The peace officer has been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified peace officer was convicted of a felony before being employed as a peace officer, and the circumstances of the prior felony conviction were fully disclosed to his or her employer before being hired, the commission may revoke certification only with the agreement of the employing law enforcement agency;
(((4))) (d) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the acts or omissions forming the basis for the discharge proceedings occurred on or after January 1, 2002;
(((5))) (e) The peace officer's certificate was previously issued by administrative error on the part of the commission; or
(((6))) (f) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (((a))) (i) Knowingly making a materially false statement to the commission; or (((b))) (ii) in any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness.
(2) After the effective date of this act, the commission shall deny certification to any applicant that has lost his or her certification as a result of a break in service of more than twenty-four consecutive months if that applicant failed to successfully pass the psychological examination and the polygraph test or similar assessment procedure required in RCW 43.101.095(2), as administered by county, city, or state law enforcement agencies.
Sec. 4. RCW 43.43.020 and 1983 c 144 s 1 are each amended to read as follows:
The governor, with the advice and consent of the senate, shall appoint the chief of the Washington state patrol, determine his compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent persons to act as Washington state patrol officers, may remove them for cause, as provided in this chapter, and shall make promotional appointments, determine their compensation, and define their rank and duties, as hereinafter provided. Before a person may be appointed to act as a Washington state patrol officer, the person shall meet the minimum standards for employment with the Washington state patrol, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered by the chief or his or her designee in accordance with the requirements of RCW 43.101.095(2).
The chief may appoint employees of the Washington state patrol to serve as special deputies, with such restricted police authority as the chief shall designate as being necessary and consistent with their assignment to duty. Such appointment and conferral of authority shall not qualify said employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of the state treasurer, employees of the office of the state treasurer who are qualified under the standards of the criminal justice training commission, or who have comparable training and experience, to serve as special deputies. The law enforcement powers of any special deputies appointed in the office of the state treasurer shall be designated by the chief and shall be restricted to those powers necessary to provide for statewide security of the holdings or property of or under the custody of the office of the state treasurer. These appointments may be revoked by the chief at any time and shall be revoked upon the written request of the state treasurer or by operation of law upon termination of the special deputy's employment with the office of the state treasurer or thirty days after the chief who made the appointment leaves office. The chief shall be civilly immune for the acts of such special deputies. Such appointment and conferral of authority shall not qualify such employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol."
Senators Kline and Johnson spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to House Bill No. 1081.
The motion by Senator Kline carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "applicants;" strike the remainder of the title and insert "and amending RCW 43.101.080, 43.101.095, 43.101.105, and 43.43.020."
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 1081, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Delvin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1081, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1081, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Franklin, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 38
Absent: Senator Haugen - 1
Excused: Senators Brown, Deccio, Doumit, Finkbeiner, Fraser, Honeyford, Kohl-Welles, McCaslin, Oke and Parlette - 10
HOUSE BILL NO. 1081, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Haugen was excused.
SECOND READING
HOUSE BILL NO. 1315, by Representatives Tom, Clibborn, Jarrett, Hunter, Priest, Lantz, Conway, Rodne, Orcutt and Linville
Authorizing the disclosure of information related to real estate excise taxes.
The measure was read the second time.
MOTION
Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.32.330 and 2000 c 173 s 1 and 2000 c 106 s 1 are each reenacted and amended to read as follows:
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in any manner whatever a return or tax information;
(b) "Return" means a tax or information return or claim for refund required by, or provided for or permitted under, the laws of this state which is filed with the department of revenue by, on behalf of, or with respect to a person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed;
(c) "Tax information" means (i) a taxpayer's identity, (ii) the nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability deficiencies, overassessments, or tax payments, whether taken from the taxpayer's books and records or any other source, (iii) whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing, (iv) a part of a written determination that is not designated as a precedent and disclosed pursuant to RCW 82.32.410, or a background file document relating to a written determination, and (v) other data received by, recorded by, prepared by, furnished to, or collected by the department of revenue with respect to the determination of the existence, or possible existence, of liability, or the amount thereof, of a person under the laws of this state for a tax, penalty, interest, fine, forfeiture, or other imposition, or offense: PROVIDED, That data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Except as provided by RCW 82.32.410, nothing in this chapter shall require any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material, or documents so as to permit its disclosure;
(d) "State agency" means every Washington state office, department, division, bureau, board, commission, or other state agency;
(e) "Taxpayer identity" means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer; and
(f) "Department" means the department of revenue or its officer, agent, employee, or representative.
(2) Returns and tax information shall be confidential and privileged, and except as authorized by this section, neither the department of revenue nor any other person may disclose any return or tax information.
(3) ((The foregoing, however, shall)) This section does not prohibit the department of revenue from:
(a) Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding:
(i) In respect of any tax imposed under the laws of this state if the taxpayer or its officer or other person liable under Title 82 RCW is a party in the proceeding; or
(ii) In which the taxpayer about whom such return or tax information is sought and another state agency are adverse parties in the proceeding;
(b) Disclosing, subject to such requirements and conditions as the director shall prescribe by rules adopted pursuant to chapter 34.05 RCW, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's request, to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person: PROVIDED, That tax information not received from the taxpayer shall not be so disclosed if the director determines that such disclosure would compromise any investigation or litigation by any federal, state, or local government agency in connection with the civil or criminal liability of the taxpayer or another person, or that such disclosure would identify a confidential informant, or that such disclosure is contrary to any agreement entered into by the department that provides for the reciprocal exchange of information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to the taxpayer by the order of any court;
(c) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been either issued or filed and remains outstanding for a period of at least ten working days. The department shall not be required to disclose any information under this subsection if a taxpayer: (i) Has been issued a tax assessment; (ii) has been issued a warrant that has not been filed; and (iii) has entered a deferred payment arrangement with the department of revenue and is making payments upon such deficiency that will fully satisfy the indebtedness within twelve months;
(d) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been filed with a court of record and remains outstanding;
(e) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof;
(f) Disclosing such return or tax information, for official purposes only, to the governor or attorney general, or to any state agency, or to any committee or subcommittee of the legislature dealing with matters of taxation, revenue, trade, commerce, the control of industry or the professions;
(g) Permitting the department of revenue's records to be audited and examined by the proper state officer, his or her agents and employees;
(h) Disclosing any such return or tax information to a peace officer as defined in RCW 9A.04.110 or county prosecuting attorney, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives the return or tax information may disclose that return or tax information only for use in the investigation and a related court proceeding, or in the court proceeding for which the return or tax information originally was sought;
(i) Disclosing any such return or tax information to the proper officer of the internal revenue service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of this state;
(j) Disclosing any such return or tax information to the Department of Justice, the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury, the Department of Defense, the United States Customs Service, the Coast Guard of the United States, and the United States Department of Transportation, or any authorized representative thereof, for official purposes;
(k) Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to RCW 82.32.410;
(l) Disclosing, in a manner that is not associated with other tax information, the taxpayer name, entity type, business address, mailing address, revenue tax registration numbers, North American industry classification system or standard industrial classification code of a taxpayer, and the dates of opening and closing of business. This subsection shall not be construed as giving authority to the department to give, sell, or provide access to any list of taxpayers for any commercial purpose;
(m) Disclosing such return or tax information that is also maintained by another Washington state or local governmental agency as a public record available for inspection and copying under the provisions of chapter 42.17 RCW or is a document maintained by a court of record not otherwise prohibited from disclosure;
(n) Disclosing such return or tax information to the United States department of agriculture for the limited purpose of investigating food stamp fraud by retailers;
(o) Disclosing to a financial institution, escrow company, or title company, in connection with specific real property that is the subject of a real estate transaction, current amounts due the department for a filed tax warrant, judgment, or lien against the real property; ((or))
(p) Disclosing to a person against whom the department has asserted liability as a successor under RCW 82.32.140 return or tax information pertaining to the specific business of the taxpayer to which the person has succeeded; or
(q) Disclosing such return or tax information in the possession of the department relating to the administration or enforcement of the real estate excise tax imposed under chapter 82.45 RCW, including information regarding transactions exempt or otherwise not subject to tax.
(4)(a) The department may disclose return or taxpayer information to a person under investigation or during any court or administrative proceeding against a person under investigation as provided in this subsection (4). The disclosure must be in connection with the department's official duties relating to an audit, collection activity, or a civil or criminal investigation. The disclosure may occur only when the person under investigation and the person in possession of data, materials, or documents are parties to the return or tax information to be disclosed. The department may disclose return or tax information such as invoices, contracts, bills, statements, resale or exemption certificates, or checks. However, the department may not disclose general ledgers, sales or cash receipt journals, check registers, accounts receivable/payable ledgers, general journals, financial statements, expert's workpapers, income tax returns, state tax returns, tax return workpapers, or other similar data, materials, or documents.
(b) Before disclosure of any tax return or tax information under this subsection (4), the department shall, through written correspondence, inform the person in possession of the data, materials, or documents to be disclosed. The correspondence shall clearly identify the data, materials, or documents to be disclosed. The department may not disclose any tax return or tax information under this subsection (4) until the time period allowed in (c) of this subsection has expired or until the court has ruled on any challenge brought under (c) of this subsection.
(c) The person in possession of the data, materials, or documents to be disclosed by the department has twenty days from the receipt of the written request required under (b) of this subsection to petition the superior court of the county in which the petitioner resides for injunctive relief. The court shall limit or deny the request of the department if the court determines that:
(i) The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from some other source that is more convenient, less burdensome, or less expensive;
(ii) The production of the data, materials, or documents sought would be unduly burdensome or expensive, taking into account the needs of the department, the amount in controversy, limitations on the petitioner's resources, and the importance of the issues at stake; or
(iii) The data, materials, or documents sought for disclosure contain trade secret information that, if disclosed, could harm the petitioner.
(d) The department shall reimburse reasonable expenses for the production of data, materials, or documents incurred by the person in possession of the data, materials, or documents to be disclosed.
(e) Requesting information under (b) of this subsection that may indicate that a taxpayer is under investigation does not constitute a disclosure of tax return or tax information under this section.
(5) Any person acquiring knowledge of any return or tax information in the course of his or her employment with the department of revenue and any person acquiring knowledge of any return or tax information as provided under subsection (3)(f), (g), (h), (i), (j), or (n) of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the state, such person shall forfeit such office or employment and shall be incapable of holding any public office or employment in this state for a period of two years thereafter.
NEW SECTION. Sec. 2. A new section is added to chapter 43.07 RCW to read as follows:
(1) The secretary of state shall adopt rules requiring any entity that is required to file an annual report with the secretary of state, including entities under Titles 23, 23B, 24, and 25 RCW, to disclose any transfer in the controlling interest of the entity and any interest in real property.
(2) This information shall be made available to the department of revenue upon request for the purposes of tracking the transfer of the controlling interest in real property and to determine when the real estate excise tax is applicable in such cases.
(3) For the purposes of this section, "controlling interest" has the same meaning as provided in RCW 82.45.033.
NEW SECTION. Sec. 3. A new section is added to chapter 82.45 RCW to read as follows:
An organization that fails to report a transfer of the controlling interest in the organization under section 2 of this act to the secretary of state and is later determined to be subject to real estate excise taxes due to the transfer, shall be subject to the provisions of RCW 82.45.100 as well as the evasion penalty in RCW 82.32.090(6)."
Senator Prentice spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to House Bill No. 1315.
The motion by Senator Prentice carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "taxes;" strike the remainder of the title and insert "reenacting and amending RCW 82.32.330; adding a new section to chapter 43.07 RCW; and adding a new section to chapter 82.45 RCW."
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1315, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Prentice and Zarelli spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1315, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1315, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 40
Excused: Senators Brown, Deccio, Doumit, Finkbeiner, Honeyford, Kohl-Welles, McCaslin, Oke and Parlette - 9
HOUSE BILL NO. 1315, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Regala, Senator Fairley was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2223, by House Committee on Criminal Justice & Corrections (originally sponsored by Representative O'Brien)
Prohibiting charging clerk's fees to law enforcement agencies for records concerning sex offenders.
The measure was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 2223 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Regala spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2223.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2223 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 38
Absent: Senator Keiser - 1
Excused: Senators Brown, Deccio, Doumit, Fairley, Finkbeiner, Honeyford, Kohl-Welles, McCaslin, Oke and Parlette - 10
SUBSTITUTE HOUSE BILL NO. 2223, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1668, by Representatives Lantz and Priest
Changing provisions relating to the administrative office of the courts.
The measure was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 1668 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Esser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1668.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1668 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 39
Excused: Senators Brown, Deccio, Doumit, Fairley, Finkbeiner, Honeyford, Kohl-Welles, McCaslin, Oke and Parlette - 10
HOUSE BILL NO. 1668, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Jacobsen gave notice of his intent to move to reconsider on the following day the vote by which Engrossed Substitute House Bill No. 2060 failed to pass the Senate.
MOTION
On motion of Senator Thibaudeau, Senator Prentice was excused.
SECOND READING
HOUSE BILL NO. 1307, by Representatives Haigh, Eickmeyer, Wallace, P. Sullivan, Morrell, Sells, Miloscia, Takko, Ormsby, McCoy, Conway, McDermott and Chase
Defining veteran for certain purposes.
The measure was read the second time.
MOTION
Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.04.007 and 2002 c 292 s 2 are each amended to read as follows:
"Veteran" includes every person, who at the time he or she seeks the benefits of RCW 72.36.030, 41.04.010, 73.04.090, 73.04.110, 73.08.010, 73.08.060, 73.08.070, or 73.08.080 has received an honorable discharge or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation;
(2) As a member of the women's air forces service pilots;
(3) As a member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; ((or))
(5) As a member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945; or
(6) A United States documented merchant mariner with service aboard an oceangoing vessel operated by the department of defense, or its agents, from both June 25, 1950, through July 27, 1953, in Korean territorial waters and from August 5, 1964, through May 7, 1975, in Vietnam territorial waters, and who received a military commendation."
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to House Bill No. 1307.
The motion by Senator Kastama carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "purposes;" strike the remainder of the title and insert "and amending RCW 41.04.007."
MOTION
On motion of Senator Kastama, the rules were suspended, House Bill No. 1307, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1307, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1307, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 37; Nays, 1; Absent, 0; Excused, 11.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Eide, Esser, Franklin, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 37
Voting nay: Senator Fraser - 1
Excused: Senators Brown, Deccio, Doumit, Fairley, Finkbeiner, Honeyford, Kohl-Welles, McCaslin, Oke, Parlette and Prentice - 11
HOUSE BILL NO. 1307, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2131, by Representatives Conway and Springer
Concerning the master licensing service.
The measure was read the second time.
MOTION
On motion of Senator Wyss, the rules were suspended, House Bill No. 2131 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Wyss spoke in favor of passage of the bill.”
POINT OF INQUIRY
Senator Hewitt: “Would the Senator yield to a question? I’m just wondering if you could explain this bill a little more in full?”
PERSONAL PRIVILEGE
Senator Wyss: “Once again I urge the members to vote for this bill. Thank you for your time.”
The President declared the question before the Senate to be the final passage of House Bill No. 2131.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2131 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 40
Voting nay: Senator Poulsen - 1
Excused: Senators Brown, Deccio, Fairley, Finkbeiner, Honeyford, McCaslin, Oke and Parlette - 8
HOUSE BILL NO. 2131, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
PERSONAL PRIVILEGE
Senator Hewitt: “Senator, you have got to be the most arrogant Senator I have ever seen in my entire life. You haven’t floor more than four hours and you’ve given a speech already. Most of us sit here for a couple of months before we speak. Not only did you speak you didn’t know what you were speaking on. Welcome Senator. Oh yes, you do have to give us a treat by the way and I understand that you are, your family is in the orchard business, so boxes of apples would be acceptable.”
PERSONAL PRIVILEGE
Senator Carrell: “You know, this is a clear indication of what happens when you have a weekend warrior being replaced by a weekend Senator. I mean, I’m absolutely shocked that this guy is sitting next to me. I leave for a moment and I come back and here he’s on his feet. I remember, certainly, that I came with gifts, so I’m waiting for that box of apples.”
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1887, by House Committee on Finance (originally sponsored by Representatives Hasegawa, Orcutt and Chase)
Modifying exemptions to the litter tax.
The measure was read the second time.
MOTION
On motion of Senator Pridemore, the rules were suspended, Substitute House Bill No. 1887 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Pridemore and Morton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1887.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1887 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Wyss and Zarelli - 40
Absent: Senators Fraser, Hargrove and Weinstein - 3
Excused: Senators Deccio, Finkbeiner, Honeyford, McCaslin, Oke and Parlette - 6
SUBSTITUTE HOUSE BILL NO. 1887, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1896, by House Committee on Appropriations (originally sponsored by Representatives Appleton, Eickmeyer, Chase and Haigh)
Limiting geoduck harvest in parts of Hood Canal. Revised for 2nd Substitute: Requiring a survey of geoducks and sea cucumbers that exist in Hood Canal. (REVISED FOR ENGROSSED: Studying geoducks in Hood Canal.)
The measure was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Second Substitute House Bill No. 1896 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen, Morton and Rockefeller spoke in favor of passage of the bill.
MOTION
On motion of Senator Weinstein, Senator Poulsen was excused.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 1896.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1896 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 42
Absent: Senator Doumit - 1
Excused: Senators Deccio, Honeyford, McCaslin, Oke, Parlette and Poulsen - 6
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1896, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 5058,
SUBSTITUTE SENATE BILL NO. 5242,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5348,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5720,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 5309,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 5623,
and the same is/are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed.
SUBSTITUTE SENATE BILL NO. 5058,
SUBSTITUTE SENATE BILL NO. 5242,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5348,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5720,
The President signed:
SUBSTITUTE SENATE BILL NO. 5309,
The President signed:
SUBSTITUTE SENATE BILL NO. 5623.
MOTION
At 9:26 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Friday, April 15, 2005.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate