ONE-HUNDREDTH DAY
MORNING SESSION
Senate Chamber, Olympia, Tuesday, April 19, 2005
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Carrell, Finkbeiner, Kline, Mulliken, Sheldon, Swecker and Zarelli.
The Sergeant at Arms Color Guard consisting of Pages Nicole Marsyla and Emily Slater, presented the Colors. The Elementary School Choir from King’s Way Christian School of Vancouver performed for the Senate.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
PERSONAL PRIVILEGE
Senator Deccio: “Ladies and Gentlemen of the Senate, I’m sure most of you know by now that we do have a new Pope. Cardinal Joseph Ratzinger was elected Pope and he takes the name Pope Benedict XVI.”
SECOND READING
CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS
MOTION
Senator Rasmussen, moved that Gubernatorial Reappointment No. 9321, Valoria Loveland, as a Director of the Department of Agriculture, be confirmed.
Senators Rasmussen, Hewitt, Eide, Morton, McAuliffe, Thibaudeau and Deccio spoke in favor of the motion.
MOTION
On motion of Senator Brandland, Senator Carrell was excused.
REAPPOINTMENT OF VALORIA LOVELAND
The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9321, Valoria Loveland as a Director of the Department of Agriculture.
The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9321, Valoria Loveland as a Director of the Department of Agriculture and the appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 7; Excused, 1.
Voting yea: Senators Benson, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Stevens, Thibaudeau and Weinstein - 41
Absent: Senators Benton, Finkbeiner, Kline, Mulliken, Sheldon, Swecker and Zarelli - 7
Excused: Senator Carrell - 1
Gubernatorial Reappointment No. 9321, Valoria Loveland, having received the constitutional majority was declared confirmed as Director of the Department of Agriculture.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1031,
SUBSTITUTE HOUSE BILL NO. 1054,
SUBSTITUTE HOUSE BILL NO. 1065,
SUBSTITUTE HOUSE BILL NO. 1185,
SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 1236,
SUBSTITUTE HOUSE BILL NO. 1711,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1794,
SUBSTITUTE HOUSE BILL NO. 1798,
SUBSTITUTE HOUSE BILL NO. 1847,
SUBSTITUTE HOUSE BILL NO. 1856,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1888,
SUBSTITUTE HOUSE BILL NO. 1951,
SUBSTITUTE HOUSE BILL NO. 1995,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1158,
SUBSTITUTE HOUSE BILL NO. 1174,
SUBSTITUTE HOUSE BILL NO. 1179,
SUBSTITUTE HOUSE BILL NO. 1181,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1252,
SUBSTITUTE HOUSE BILL NO. 1281,
SUBSTITUTE HOUSE BILL NO. 1299,
SUBSTITUTE HOUSE BILL NO. 1313,
SUBSTITUTE HOUSE BILL NO. 1345,
SUBSTITUTE HOUSE BILL NO. 1381,
SUBSTITUTE HOUSE BILL NO. 1393,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1402,
SUBSTITUTE HOUSE BILL NO. 1408,
SUBSTITUTE HOUSE BILL NO. 1426,
SUBSTITUTE HOUSE BILL NO. 1486,
SUBSTITUTE HOUSE BILL NO. 1512,
ENGROSSED HOUSE BILL NO. 1561,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1605,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631,
SUBSTITUTE HOUSE BILL NO. 1636,
SUBSTITUTE HOUSE BILL NO. 1681,
SUBSTITUTE HOUSE BILL NO. 1689,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1696,
SUBSTITUTE HOUSE BILL NO. 1699,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED HOUSE BILL NO. 2255,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1116,
SUBSTITUTE HOUSE BILL NO. 1137,
SUBSTITUTE HOUSE BILL NO. 1147,
SECOND SUBSTITUTE HOUSE BILL NO. 1168,
SUBSTITUTE HOUSE BILL NO. 1189,
SECOND SUBSTITUTE HOUSE BILL NO. 1220,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5121,
SUBSTITUTE SENATE BILL NO. 5169,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5186,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5415,
ENGROSSED SENATE BILL NO. 5423.
The President signed:
SUBSTITUTE SENATE BILL NO. 5038,
SUBSTITUTE SENATE BILL NO. 5052,
SUBSTITUTE SENATE BILL NO. 5064,
SUBSTITUTE SENATE BILL NO. 5139,
SUBSTITUTE SENATE BILL NO. 5449,
SUBSTITUTE SENATE BILL NO. 5767.
MOTION
On motion of Senator Thibaudeau, Senator Sheldon was excused.
MESSAGE FROM THE HOUSE
April 15, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5732, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to reconstitute the state board of education and to refocus its purpose; to abolish the academic achievement and accountability commission; to assign policy and rule-making authority for educator preparation and certification to the professional educator standards board and to clearly define its purpose; and to align the missions of the state board of education and the professional educator standards board to create a collaborative and effective governance system that can accelerate progress towards achieving the goals in RCW 28A.150.210.
PART 1
STATE BOARD OF EDUCATION
NEW SECTION. Sec. 101. A new section is added to chapter 28A.305 RCW to read as follows:
(1) The membership of the state board of education shall be composed of the superintendent of public instruction, who shall be the president of the board, and fifteen members who are residents of the state of Washington as follows:
(a) Seven members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington;
(b) Five members appointed by the governor;
(c) One member elected at-large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010; and
(d) Two students selected in a manner determined by the state board of education.
(2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As the terms of the first appointees expire or vacancies on the board occur, the governor shall appoint or reappoint members of the board to complete the initial terms or to four-year terms, as appropriate.
(a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board.
(b) In appointing board members, the governor shall consider the diversity of the population of the state.
(c) All appointments to the board made by the governor are subject to confirmation by the senate.
(d) No person may serve as a member of the board, except the superintendent of public instruction, for more than two consecutive full four-year terms.
(3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
(4)(a) The chair of the board shall be elected by a majority vote of the members of the board.
(b) Eight voting members of the board constitute a quorum for the transaction of business.
(c) All members except the student members are voting members.
(5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 102. A new section is added to chapter 28A.305 RCW to read as follows:
The election of state board of education members by school directors and private school board members shall be conducted by the office of the superintendent of public instruction for the members of the state board who begin serving on January 1, 2006, and thereafter.
(1) The superintendent shall adopt rules for the conduct of elections, which shall include, but need not be limited to: The definition of the eastern Washington and western Washington geographic regions of the state for the purpose of determining board member positions; the weighting of votes cast by the number of students in the school director's school district or board member's private school; election and dispute resolution procedures; the process for filling vacancies; and election timelines. The election timeline shall include calling for elections no later than the twenty-fifth of August, and notification of the election results no later than the fifteenth of December.
(2) State board member positions one and two shall be filled by residents of the eastern Washington region and positions three, four, and five shall be filled by residents of the western Washington region.
(3) A school director shall be eligible to vote only for a candidate for each position in the geographic region within which the school director resides.
(4) Initial terms of the individuals elected by the school directors shall be for terms of two to four years in length as follows: Two members, one from eastern Washington and one from western Washington, shall be elected to two-year terms; two members, one from eastern Washington and one from western Washington, shall be elected to four-year terms; and one member from western Washington shall be elected to a three-year term. The term of the private school member shall be two years. All terms shall expire on the second Monday of January of the applicable year.
(5) No person employed in any public or private school, college, university, or other educational institution or any educational service district superintendent's office or in the office of the superintendent of public instruction is eligible for membership on the state board of education. No member of a board of directors of a local school district or private school may continue to serve in that capacity after having been elected to the state board.
NEW SECTION. Sec. 103. A new section is added to chapter 28A.305 RCW to read as follows:
By October 15th of each even-numbered year, the state board of education and the professional educator standards board shall submit a joint report to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals in RCW 28A.150.210.
Sec. 104. RCW 28A.305.130 and 2002 c 205 s 3 are each amended to read as follows:
The purpose of the state board of education is to adopt statewide policies that promote achievement of the goals of RCW 28A.150.210; implement a standards-based accountability system; and provide leadership in the creation of an education system that respects the diverse cultures, abilities, and learning styles of all students. In addition to any other powers and duties as provided by law, the state board of education shall:
(1) Until January 1, 2006, approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.
(2) Until January 1, 2006, conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.
(3) Until January 1, 2006, investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.
(4) Until January 1, 2006:
(a) ((The state board of education shall)) Adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter((.)); and
(b) ((The state board of education shall)) Require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.
(5) Until January 1, 2006, supervise the issuance of such certificates as provided for in subsection (1) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.410.010.
(6) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business.
(7) Form committees as necessary to effectively and efficiently conduct the work of the board.
(8) Seek advice from the public and interested parties regarding the work of the board.
(9) For purposes of statewide accountability, the board shall:
(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;
(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature and by the board under (a) of this subsection;
(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index. When determining the baseline year or years for recognizing individual schools, the board may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;
(d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the board or the superintendent of public instruction to intervene in a school or school district;
(f) Identify performance incentive systems that have improved or have the potential to improve student achievement;
(g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;
(h) Include in the biennial report required under section 103 of this act, information on the progress that has been made in achieving goals adopted by the board.
(10) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.
(((7))) (11) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.
(((8))) (12) Prepare such outline of study for the common schools as the board shall deem necessary, and in conformance with legislative requirements, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.
(((9))) (13) Continuously reevaluate courses and other requirements and adopt and enforce regulations within the common schools so as to meet the educational needs of students ((and)).
(14) Evaluate course of study requirements and articulate with the institutions of higher education, work force representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system.
(((10))) (15) Carry out board powers and duties relating to the organization and reorganization of school districts ((under RCW 28A.315.010 through 28A.315.680 and 28A.315.900)).
(((11))) (16) Hear and decide appeals as otherwise provided by law.
((The state board of education is given the authority to)) (17) Promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.
(18) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW.
(19) Adopt a seal that shall be kept in the office of the superintendent of public instruction.
Sec. 105. RCW 28A.505.210 and 2001 c 3 s 3 are each amended to read as follows:
School districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001.
(1) Student achievement funds shall be allocated for the following uses:
(a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
(c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
(d) To provide additional professional development for educators, including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;
(e) To provide early assistance for children who need prekindergarten support in order to be successful in school;
(f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection.
(2) Annually on or before May 1st, the school district board of directors shall meet at the time and place designated for the purpose of a public hearing on the proposed use of these funds to improve student achievement for the coming year. Any person may appear or by written submission have the opportunity to comment on the proposed plan for the use of these funds. No later than August 31st, as a part of the process under RCW 28A.505.060, each school district shall adopt a plan for the use of these funds for the upcoming school year. Annually, each school district shall provide to the citizens of their district a public accounting of the funds made available to the district during the previous school year under chapter 3, Laws of 2001, how the funds were used, and the progress the district has made in increasing student achievement, as measured by required state assessments and other assessments deemed appropriate by the district. Copies of this report shall be provided to the superintendent of public instruction ((and to the academic achievement and accountability commission)).
Sec. 106. RCW 28A.655.070 and 2004 c 19 s 204 are each amended to read as follows:
(1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the ((academic achievement and accountability commission)) state board of education.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and
(b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the Washington assessment of student learning.
(3) In consultation with the ((academic achievement and accountability commission)) state board of education, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures.
(4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5)(a) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(b) Assessments measuring the essential academic learning requirements in the content area of science shall be available for mandatory use in middle schools and high schools by the 2003-04 school year and for mandatory use in elementary schools by the 2004-05 school year unless the legislature takes action to delay or prevent implementation of the assessment.
(6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
(7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
(a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
(b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.
(8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
(13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.
PART 2
WASHINGTON PROFESSIONAL EDUCATOR STANDARDS BOARD
Sec. 201. RCW 28A.410.210 and 2000 c 39 s 103 are each amended to read as follows:
The purpose of the professional educator standards board is to establish policies and requirements for the preparation and certification of educators that provide standards for competency in professional knowledge and practice in the areas of certification; a foundation of skills, knowledge, and attitudes necessary to help students with diverse needs, abilities, cultural experiences, and learning styles meet or exceed the learning goals outlined in RCW 28A.150.210; knowledge of research-based practice; and professional development throughout a career. The Washington professional educator standards board shall:
(1) Establish policies and practices for the approval of programs of courses, requirements, and other activities leading to educator certification including teacher, school administrator, and educational staff associate certification;
(2) Establish policies and practices for the approval of the character of work required to be performed as a condition of entrance to and graduation from any educator preparation program including teacher, school administrator, and educational staff associate preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher education of this and other states whose graduates may be awarded educator certificates as teacher, school administrator, and educational staff associate and establish criteria and enter into agreements with other states to acquire reciprocal approval of educator preparation programs and certification, including teacher certification from the national board for professional teaching standards;
(4) Establish policies for approval of nontraditional educator preparation programs;
(5) Conduct a review of educator program approval standards at least every five years, beginning in 2006, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to be issued and conditions for certification in accordance with subsection (1) of this section and RCW 28A.410.010;
(7) Hear and determine educator certification appeals as provided by RCW 28A.410.100;
(8) Apply for and receive federal or other funds on behalf of the state for purposes related to the duties of the board;
(9) Adopt rules under chapter 34.05 RCW that are necessary for the effective and efficient implementation of this chapter;
(10) Maintain data concerning educator preparation programs and their quality, educator certification, educator employment trends and needs, and other data deemed relevant by the board;
(11) Serve as an advisory body to the superintendent of public instruction ((and as the sole advisory body to the state board of education)) on issues related to educator recruitment, hiring, ((preparation, certification including high quality alternative routes to certification,)) mentoring and support, professional growth, retention, ((governance, prospective teacher pedagogy assessment, prospective principal assessment,)) educator evaluation including but not limited to peer evaluation, and revocation and suspension of licensure;
(((2))) (12) Submit ((annual reports and recommendations, beginning December 1, 2000, to the governor, the education and fiscal committees of the legislature, the state board of education, and the superintendent of public instruction concerning duties and activities within the board's advisory capacity. The Washington professional educator standards board shall submit a separate report by December 1, 2000, to the governor, the education and fiscal committees of the legislature, the state board of education, and the superintendent of public instruction providing recommendations for at least two high quality alternative routes to teacher certification. In its deliberations, the board shall consider at least one route that permits persons with substantial subject matter expertise to achieve residency certification through an on-the-job training program provided by a school district)), by October 15th of each even-numbered year, a joint report with the state board of education to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals set out in RCW 28A.150.210; ((and
(3))) (13) Establish the prospective teacher assessment system for basic skills and subject knowledge that shall be required to obtain residency certification pursuant to RCW 28A.410.220 through 28A.410.240; and
(14) Conduct meetings under the provisions of chapter 42.30 RCW.
Sec. 202. RCW 28A.410.200 and 2003 1st sp.s. c 22 s 1 are each amended to read as follows:
(1)(a) The Washington professional educator standards board is created, consisting of twenty members to be appointed by the governor to four-year terms and the superintendent of public instruction((, who shall be an ex officio, nonvoting member)).
(b) As the four-year terms of the first appointees expire or vacancies to the board occur for the first time, the governor shall appoint or reappoint the members of the board to one-year to four-year staggered terms. Once the one-year to three-year terms expire, all subsequent terms shall be for four years, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously.
(c) No person may serve as a member of the board for more than two consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the board from among the teachers and principals on the board. No board member may serve as chair for more than two consecutive years.
(2) Seven of the members shall be public school teachers, one shall be a private school teacher, three shall represent higher education educator preparation programs, four shall be school administrators, two shall be educational staff associates, one shall be a classified employee who assists in public school student instruction, one shall be a parent, and one shall be a member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a Washington public school;
(b) Be currently certificated and actively employed in a teaching position; and
(c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the high school level, and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a Washington approved private school; and
(b) Be currently certificated and actively employed in a teaching position in an approved private school.
(5) Appointees from higher education educator preparation programs must include two representatives from institutions of higher education as defined in RCW 28B.10.016 and one representative from an institution of higher education as defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience in a Washington public school district;
(b) Be currently certificated and actively employed in a school administrator position; and
(c) Include two public school principals, one Washington approved private school principal, and one superintendent.
(7) Educational staff associates appointed to the board must:
(a) Have at least three years of educational staff associate experience in a Washington public school district; and
(b) Be currently certificated and actively employed in an educational staff associate position.
(8) Public school classified employees appointed to the board must:
(a) Have at least three years of experience in assisting in the instruction of students in a Washington public school; and
(b) Be currently employed in a position that requires the employee to assist in the instruction of students.
(9) Each major caucus of the house of representatives and the senate shall submit a list of at least one public school teacher. In making the public school teacher appointments, the governor shall select one nominee from each list provided by each caucus. The governor shall appoint the remaining members of the board from a list of qualified nominees submitted to the governor by organizations representative of the constituencies of the board, from applications from other qualified individuals, or from both nominees and applicants.
(10) All appointments to the board made by the governor shall be subject to confirmation by the senate.
(11) The governor shall appoint the members of the initial board no later than June 1, 2000.
(12) In appointing board members, the governor shall consider the diversity of the population of the state.
(13) Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
(14) The governor may remove a member of the board for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
(15) If a vacancy occurs on the board, the governor shall appoint a replacement member from the nominees as specified in subsection (9) of this section to fill the remainder of the unexpired term. When filling a vacancy of a member nominated by a major caucus of the legislature, the governor shall select the new member from a list of at least one name submitted by the same caucus that provided the list from which the retiring member was appointed.
(16) Members of the board shall hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes only.
Sec. 203. RCW 28A.410.010 and 2001 c 263 s 1 are each amended to read as follows:
The ((state board of education)) Washington professional educator standards board shall establish, publish, and enforce rules ((and regulations)) determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.
In establishing rules pertaining to the qualifications of instructors of American sign language the ((state)) board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the administrator of any such rules ((and regulations)) and have the power to issue any certificates or permits and revoke the same in accordance with board rules ((and regulations)).
Sec. 204. RCW 28A.410.040 and 1992 c 141 s 101 are each amended to read as follows:
The ((state board of education)) Washington professional educator standards board shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after August 31, 1992, shall possess a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW ((28A.305.130 (1) and (2))) 28A.410.210. However, candidates for grades preschool through eight certificates shall have fulfilled the requirements for a major as part of their baccalaureate degree. If the major is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or twenty semester hours in one academic field.
Sec. 205. RCW 28A.410.050 and 1992 c 141 s 102 are each amended to read as follows:
The ((state board of education)) Washington professional educator standards board shall develop and adopt rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31, 1992.
Sec. 206. RCW 28A.410.060 and 1990 c 33 s 407 are each amended to read as follows:
The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the ((state board of education)) Washington professional educator standards board by rule ((or regulation)) shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district superintendent is located, to be by him or her placed to the credit of said school district or educational service district: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the educational service district.
Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, and professional in-service training programs in accord with rules ((and regulations)) of the ((state board of education)) Washington professional educator standards board herein authorized.
Sec. 207. RCW 28A.410.100 and 1992 c 159 s 6 are each amended to read as follows:
Any teacher whose certificate to teach has been questioned under RCW 28A.410.090 shall have a right to be heard by the issuing authority before his or her certificate is revoked. Any teacher whose certificate to teach has been revoked shall have a right of appeal to the ((state board of education)) Washington professional educator standards board if notice of appeal is given by written affidavit to the board within thirty days after the certificate is revoked.
An appeal to the ((state board of education)) Washington professional educator standards board within the time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of said board and until the board's decision has been rendered.
Sec. 208. RCW 28A.410.120 and 1990 c 33 s 411 are each amended to read as follows:
Notwithstanding any other provision of this title, the ((state board of education)) Washington professional educator standards board or superintendent of public instruction shall not require any professional certification or other qualifications of any person elected superintendent of a local school district by that district's board of directors, or any person hired in any manner to fill a position designated as, or which is, in fact, deputy superintendent, or assistant superintendent.
Sec. 209. RCW 28A.415.023 and 1997 c 90 s 1 are each amended to read as follows:
(1) Credits earned by certificated instructional staff after September 1, 1995, shall be eligible for application to the salary schedule developed by the legislative evaluation and accountability program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student learning goals as referenced in RCW ((28A.320.205)) 28A.655.110, the annual school performance report, for the school in which the individual is assigned;
(b) Pertains to the individual's current assignment or expected assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the ((state board of education)) Washington professional educator standards board;
(d) Is specifically required to obtain advanced levels of certification; or
(e) Is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certified instructional staff.
(2) For the purpose of this section, "credits" mean college quarter hour credits and equivalent credits for approved in-service, approved continuing education, or approved internship hours computed in accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and standards consistent with the limits established by this section for certificated instructional staff.
Sec. 210. RCW 28A.415.060 and 1991 c 155 s 1 are each amended to read as follows:
The ((state board of education)) Washington professional educator standards board rules for continuing education shall provide that educational staff associates may use credits or clock hours that satisfy the continuing education requirements for their state professional licensure, if any, to fulfill the continuing education requirements established by the ((state board of education)) Washington professional educator standards board.
Sec. 211. RCW 28A.415.205 and 1991 c 238 s 75 are each amended to read as follows:
(1) The Washington state minority teacher recruitment program is established. The program shall be administered by the ((state board of education)) Washington professional educator standards board. The ((state board of education)) Washington professional educator standards board shall consult with the higher education coordinating board, representatives of institutions of higher education, education organizations having an interest in teacher recruitment issues, the superintendent of public instruction, the state board for community and technical colleges, the department of employment security, and the work force training and education coordinating board. The program shall be designed to recruit future teachers from students in the targeted groups who are in the ninth through twelfth grades and from adults in the targeted groups who have entered other occupations.
(2) The program shall include the following:
(a) Encouraging students in targeted groups in grades nine through twelve to acquire the academic and related skills necessary to prepare for the study of teaching at an institution of higher education;
(b) Promoting teaching career opportunities to develop an awareness of opportunities in the education profession;
(c) Providing opportunities for students to experience the application of regular high school course work to activities related to a teaching career; and
(d) Providing for increased cooperation among institutions of higher education including community colleges, the superintendent of public instruction, the ((state board of education)) Washington professional educator standards board, and local school districts in working toward the goals of the program.
Sec. 212. RCW 28A.150.060 and 1990 c 33 s 102 are each amended to read as follows:
The term "certificated employee" as used in RCW 28A.195.010, 28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, shall include those persons who hold certificates as authorized by rule ((or regulation)) of the ((state board of education)) Washington professional educator standards board or the superintendent of public instruction.
Sec. 213. RCW 28A.170.080 and 1990 c 33 s 157 are each amended to read as follows:
(1) Grants provided under RCW 28A.170.090 may be used solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with a substance abuse intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, and in preventing abuse and addiction to such substances, including nicotine. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by a substance abuse intervention specialist may include:
(a) Individual and family counseling, including preventive counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; and
(g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members.
(2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services.
(a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under ((state board of education)) Washington professional educator standards board rules adopted pursuant to RCW ((28A.305.130)) 28A.410.210;
(b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse;
(c) A counselor, social worker, or other qualified professional employed by the department of social and health services;
(d) A psychologist licensed under chapter 18.83 RCW; or
(e) A children's mental health specialist as defined in RCW 71.34.020.
Sec. 214. RCW 28A.205.010 and 1999 c 348 s 2 are each amended to read as follows:
(1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:
"Education center" means any private school operated on a profit or nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.
(c) Conducts courses of instruction by professionally trained personnel certificated by the ((state board of education)) Washington professional educator standards board according to rules adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or private school.
(2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW 28A.305.130.
(3) The state board of education shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program. Such certification may be withdrawn if the board finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.
Sec. 215. RCW 28A.205.050 and 1995 c 335 s 201 are each amended to read as follows:
In accordance with chapter 34.05 RCW, the administrative procedure act, the ((state board of education)) Washington professional educator standards board with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules to carry out the purpose and intent of this chapter.
Sec. 216. RCW 28A.405.210 and 1996 c 201 s 1 are each amended to read as follows:
No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the ((state board of education)) Washington professional educator standards board for the position for which the employee is employed.
The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section.
Sec. 217. RCW 28B.10.140 and 2004 c 60 s 1 are each amended to read as follows:
The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials prescribed by the ((state board of education)) Washington professional educator standards board are required, for any grade, level, department, or position of the public schools of the state.
Sec. 218. RCW 18.118.010 and 1990 c 33 s 553 are each amended to read as follows:
(1) The purpose of this chapter is to establish guidelines for the regulation of the real estate profession and other business professions which may seek legislation to substantially increase their scope of practice or the level of regulation of the profession, and for the regulation of business professions not licensed or regulated on July 26, 1987: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 26, 1987, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or ((state board of education)) Washington professional educator standards board under RCW ((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with the practice of religion or to any kind of treatment by prayer; (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 26, 1987; and (e) apply to proposals relating solely to continuing education. The legislature believes that all individuals should be permitted to enter into a business profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall be imposed upon any business profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a business profession for the first time should be reviewed according to the following criteria. A business profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a business profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the business profession, the regulation should implement a system of registration;
(d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing.
Sec. 219. RCW 18.120.010 and 1990 c 33 s 554 are each amended to read as follows:
(1) The purpose of this chapter is to establish guidelines for the regulation of health professions not licensed or regulated prior to July 24, 1983, and those licensed or regulated health professions which seek to substantially increase their scope of practice: PROVIDED, That the provisions of this chapter are not intended and shall not be construed to: (a) Apply to any regulatory entity created prior to July 24, 1983, except as provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or ((state board of education)) Washington professional educator standards board under RCW ((28A.305.130)) 28A.410.210 and 28A.410.010; (c) apply to or interfere in any way with the practice of religion or to any kind of treatment by prayer; and (d) apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 24, 1983. The legislature believes that all individuals should be permitted to enter into a health profession unless there is an overwhelming need for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the least restrictive level consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall, after July 24, 1983, be imposed upon any health profession except for the exclusive purpose of protecting the public interest. All bills introduced in the legislature to regulate a health profession for the first time should be reviewed according to the following criteria. A health profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation should be implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals involving a hazard to the public health, safety, or welfare, the regulation should impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of the business activity providing the service rather than the employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the health profession, the regulation should implement a system of registration;
(d) Where the consumer may have a substantial basis for relying on the services of a practitioner, the regulation should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be achieved by means other than licensing, the regulation should implement a system of licensing.
Sec. 220. RCW 28A.410.032 and 1996 c 135 s 4 are each amended to read as follows:
Teachers of visually impaired students shall be qualified according to rules adopted by the ((state board of education)) professional educator standards board.
PART 3
TRANSFER OF POWERS AND DUTIES
NEW SECTION. Sec. 301. (1) The state board of education as constituted prior to the effective date of this section is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education as specified in this act. All references to the director or the state board of education as constituted prior to the effective date of this section in the Revised Code of Washington shall be construed to mean the director or the state board of education as specified in this act.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education as constituted prior to the effective date of this section shall be delivered to the custody of the state board of education as specified in this act. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education as constituted prior to the effective date of this section shall be made available to the state board of education as specified in this act. All funds, credits, or other assets held by the state board of education as constituted prior to the effective date of this section shall be assigned to the state board of education as specified in this act.
(b) Any appropriations made to the state board of education as constituted prior to the effective date of this section shall, on the effective date of this section, be transferred and credited to the state board of education as specified in this act.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the state board of education as constituted prior to the effective date of this section are transferred to the jurisdiction of the state board of education as specified in this act. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board of education as specified in this act to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the state board of education as constituted prior to the effective date of this section shall be continued and acted upon by the state board of education as specified in this act. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education as specified in this act.
(5) The transfer of the powers, duties, functions, and personnel of the state board of education as constituted prior to the effective date of this section shall not affect the validity of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.
NEW SECTION. Sec. 302. (1) The academic achievement and accountability commission is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education. All references to the director or the academic achievement and accountability commission in the Revised Code of Washington shall be construed to mean the director or the state board of education.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the academic achievement and accountability commission shall be delivered to the custody of the state board of education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the academic achievement and accountability commission shall be made available to the state board of education. All funds, credits, or other assets held by the academic achievement and accountability commission shall be assigned to the state board of education.
(b) Any appropriations made to the academic achievement and accountability commission shall, on the effective date of this section, be transferred and credited to the state board of education.
(c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the academic achievement and accountability commission shall be continued and acted upon by the state board of education. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education.
(4) The transfer of the powers, duties, and functions of the academic achievement and accountability commission shall not affect the validity of any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.
PART 4
MISCELLANEOUS
NEW SECTION. Sec. 401. The following acts or parts of acts as now existing or hereafter amended, are each repealed:
(1) RCW 28A.305.010 (Composition of board) and 1992 c 56 s 1, 1990 c 33 s 257, 1988 c 255 s 1, 1980 c 179 s 1, & 1969 ex.s. c 223 s 28A.04.010;
(2) RCW 28A.305.020 (Call and notice of elections) and 1990 c 33 s 258, 1988 c 255 s 2, 1981 c 38 s 1, & 1969 ex.s. c 223 s 28A.04.020;
(3) RCW 28A.305.030 (Elections in new congressional districts--Call and conduct of--Member terms--Transitional measures to reduce number of members from each district) and 1992 c 56 s 3, 1990 c 33 s 259, 1982 1st ex.s. c 7 s 1, & 1969 ex.s. c 223 s 28A.04.030;
(4) RCW 28A.305.040 (Declarations of candidacy--Qualifications of candidates--Members restricted from service on local boards--Forfeiture of office) and 1990 c 33 s 260, 1982 1st ex.s. c 7 s 2, 1980 c 179 s 4, 1975 1st ex.s. c 275 s 49, 1971 c 48 s 1, & 1969 ex.s. c 223 s 28A.04.040;
(5) RCW 28A.305.050 (Qualifications of voters--Ballots--Voting instructions--Candidates' biographical data) and 1990 c 33 s 261, 1988 c 255 s 3, 1981 c 38 s 2, & 1969 ex.s. c 223 s 28A.04.050;
(6) RCW 28A.305.060 (Election procedure--Certificate) and 1990 c 33 s 262, 1981 c 38 s 3, 1980 c 179 s 5, 1975 c 19 s 2, 1969 ex.s. c 283 s 25, & 1969 ex.s. c 223 s 28A.04.060;
(7) RCW 28A.305.070 (Action to contest election--Grounds--Procedure) and 1980 c 179 s 6 & 1975 c 19 s 1;
(8) RCW 28A.305.080 (Terms of office) and 1992 c 56 s 2, 1990 c 33 s 263, & 1969 ex.s. c 223 s 28A.04.070;
(9) RCW 28A.305.090 (Vacancies, filling) and 1990 c 33 s 264 & 1969 ex.s. c 223 s 28A.04.080;
(10) RCW 28A.305.100 (Superintendent as ex officio member and chief executive officer of board) and 1982 c 160 s 1 & 1969 ex.s. c 223 s 28A.04.090;
(11) RCW 28A.305.110 (Executive director--Secretary of board) and 1996 c 25 s 1, 1990 c 33 s 265, 1982 c 160 s 3, & 1969 ex.s. c 223 s 28A.04.100;
(12) RCW 28A.305.120 (Meetings--Compensation and travel expenses of members) and 1984 c 287 s 60, 1975-'76 2nd ex.s. c 34 s 67, 1973 c 106 s 13, & 1969 ex.s. c 223 s 28A.04.110;
(13) RCW 28A.305.200 (Seal) and 1969 ex.s. c 223 s 28A.04.140; and
(14) RCW 28A.300.130 (Center for the improvement of student learning--Educational improvement and research--Clearinghouse for academic achievement and accountability commission and for information regarding educational improvement and parental involvement programs) and 1999 c 388 s 401, 1996 c 273 s 5, 1993 c 336 s 501, & 1986 c 180 s 1.
NEW SECTION. Sec. 402. The following acts or parts of acts are each repealed:
(1) RCW 28A.655.020 (Academic achievement and accountability commission) and 1999 c 388 s 101;
(2) RCW 28A.655.030 (Essential academic learning requirements and assessments--Duties of the academic achievement and accountability commission) and 2004 c 19 s 205, 2002 c 37 s 1, & 1999 c 388 s 102; and
(3) RCW 28A.655.900 (Transfer of powers, duties, and functions) and 1999 c 388 s 502.
Sec. 403. RCW 28A.300.020 and 1996 c 25 s 2 are each amended to read as follows:
The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW ((28A.305.110)) 28A.305.130, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction.
Sec. 404. RCW 28A.310.110 and 1990 c 33 s 272 are each amended to read as follows:
Any common school district board member eligible to vote for a candidate for membership on an educational service district or any candidate for the position, within ten days after the secretary to the state board of education's certification of election, may contest the election of the candidate pursuant to chapter 29A.68 RCW ((28A.305.070)).
Sec. 405. RCW 28A.315.085 and 1999 c 315 s 206 are each amended to read as follows:
(1) The superintendent of public instruction shall furnish to the state board and to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter and shall reimburse the members thereof for expenses necessarily incurred by them in the performance of their duties, such reimbursement for regional committee members to be in accordance with RCW 28A.315.155, and such reimbursement for state board members to be in accordance with ((RCW 28A.305.120)) section 101 of this act.
(2) Costs that may be incurred by an educational service district in association with school district negotiations under RCW 28A.315.195 and supporting the regional committee under RCW 28A.315.205 shall be reimbursed by the state from such funds as are appropriated for these purposes.
NEW SECTION. Sec. 406. The professional educator standards board shall conduct a comprehensive analysis of the strengths and weaknesses of Washington's educator and administrator certification and preparation systems, and by December 1, 2005, transmit its findings and any recommendations to the legislative committees on education, the superintendent of public instruction, the state board of education, and the governor. The board shall use the analysis to develop a planning document to guide the assumption of policy and rule-making authority responsibilities for educator and administrator preparation and certification, consistent with the board's purpose.
NEW SECTION. Sec. 407. A joint subcommittee of the early learning, K-12 and higher education committee of the senate and the education committee of the house of representatives, in collaboration with the state board of education, school directors, administrators, principals, the superintendent of public instruction, parents, teachers, and other interested parties, shall review the statutory duties of the state board of education held before the effective date of this section, except the duties for educator certification that have been transferred to the professional educator standards board. Recommendations shall be reported to the early learning, K-12 and higher education committee of the senate and the education committee of the house of representatives by December 15, 2005.
NEW SECTION. Sec. 408. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 409. Sections 101, 103, 105, 106, 201 through 220, 301, 401, and 403 through 405 of this act take effect January 1, 2006.
NEW SECTION. Sec. 410. Sections 104, 302, 402, and 406 through 408 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005.
NEW SECTION. Sec. 411. Section 102 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."
On page 1, line 4 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 28A.305.130, 28A.505.210, 28A.655.070, 28A.410.210, 28A.410.200, 28A.410.010, 28A.410.040, 28A.410.050, 28A.410.060, 28A.410.100, 28A.410.120, 28A.415.023, 28A.415.060, 28A.415.205, 28A.150.060, 28A.170.080, 28A.205.010, 28A.205.050, 28A.405.210, 28B.10.140, 18.118.010, 18.120.010, 28A.410.032, 28A.300.020, 28A.310.110, and 28A.315.085; adding new sections to chapter 28A.305 RCW; creating new sections; repealing RCW 28A.305.010, 28A.305.020, 28A.305.030, 28A.305.040, 28A.305.050, 28A.305.060, 28A.305.070, 28A.305.080, 28A.305.090, 28A.305.100, 28A.305.110, 28A.305.120, 28A.305.200, 28A.300.130, 28A.655.020, 28A.655.030, and 28A.655.900; providing effective dates; and declaring an emergency."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5732 and ask the House to recede therefrom.
Senators McAuliffe spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator McAuliffe that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5732 and ask the House to recede therefrom.
The motion by Senator McAuliffe carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5732 and asked the House to recede therefrom.
MOTION
On motion of Senator Esser, Senators Finkbeiner and Mulliken were excused.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5158, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.02.010 and 2002 c 318 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, ((residence, sex)) location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(4) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any ((record)) required accounting of disclosures of health care information.
(7) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:
(a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;
(b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;
(c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;
(d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
(e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and
(f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:
(i) Management activities relating to implementation of and compliance with the requirements of this chapter;
(ii) Customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to such policy holder, plan sponsor, or customer;
(iii) Resolution of internal grievances;
(iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and
(v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset and fund-raising for the benefit of the health care provider, health care facility, or third-party payor.
(8) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(((8))) (9) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(((9))) (10) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(((10))) (11) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(((11))) (12) "Payment" means:
(a) The activities undertaken by:
(i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or
(ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and
(b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:
(i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;
(ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;
(iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;
(iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;
(v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and
(vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:
(A) Name and address;
(B) Date of birth;
(C) Social security number;
(D) Payment history;
(E) Account number; and
(F) Name and address of the health care provider, health care facility, and/or third-party payor.
(13) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(((12))) (14) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(((13))) (15) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.
(16) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.
Sec. 2. RCW 70.02.020 and 1993 c 448 s 2 are each amended to read as follows:
(1) Except as authorized in RCW 70.02.050, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
((Health care providers or facilities shall chart all disclosures, except to third-party payors, of health care information, such chartings to become part of the health care information.))
(2) A patient has a right to receive an accounting of disclosures of health care information made by a health care provider or a health care facility in the six years before the date on which the accounting is requested, except for disclosures:
(a) To carry out treatment, payment, and health care operations;
(b) To the patient of health care information about him or her;
(c) Incident to a use or disclosure that is otherwise permitted or required;
(d) Pursuant to an authorization where the patient authorized the disclosure of health care information about himself or herself;
(e) Of directory information;
(f) To persons involved in the patient's care;
(g) For national security or intelligence purposes if an accounting of disclosures is not permitted by law;
(h) To correctional institutions or law enforcement officials if an accounting of disclosures is not permitted by law; and
(i) Of a limited data set that excludes direct identifiers of the patient or of relatives, employers, or household members of the patient.
Sec. 3. RCW 70.02.030 and 2004 c 166 s 19 are each amended to read as follows:
(1) A patient may authorize a health care provider or health care facility to disclose the patient's health care information. A health care provider or health care facility shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the health care provider or health care facility denies the patient access to health care information under RCW 70.02.090.
(2) A health care provider or health care facility may charge a reasonable fee for providing the health care information and is not required to honor an authorization until the fee is paid.
(3) To be valid, a disclosure authorization to a health care provider or health care facility shall:
(a) Be in writing, dated, and signed by the patient;
(b) Identify the nature of the information to be disclosed;
(c) Identify the name((, address,)) and institutional affiliation of the person or class of persons to whom the information is to be disclosed;
(d) ((Except for third-party payors,)) Identify the provider or class of providers who ((is)) are to make the disclosure; ((and))
(e) Identify the patient; and
(f) Contain an expiration date or an expiration event that relates to the patient or the purpose of the use or disclosure.
(4) Unless disclosure without authorization is otherwise permitted under RCW 70.02.050 or the federal health insurance portability and accountability act of 1996 and its implementing regulations, an authorization may permit the disclosure of health care information to a class of persons that includes:
(a) Researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes; or
(b) Third-party payors if the information is only disclosed for payment purposes.
(5) Except as provided by this chapter, the signing of an authorization by a patient is not a waiver of any rights a patient has under other statutes, the rules of evidence, or common law.
(((5))) (6) When an authorization permits the disclosure of health care information to a financial institution or an employer of the patient for purposes other than payment, the authorization as it pertains to those disclosures shall expire ninety days after the signing of the authorization, unless the authorization is renewed by the patient.
(7) A health care provider or health care facility shall retain the original or a copy of each authorization or revocation in conjunction with any health care information from which disclosures are made. ((This requirement shall not apply to disclosures to third-party payors.
(6) Except for authorizations given pursuant to an agreement with a treatment or monitoring program or disciplinary authority under chapter 18.71 or 18.130 RCW, when the patient is under the supervision of the department of corrections, or to provide information to third-party payors, an authorization may not permit the release of health care information relating to future health care that the patient receives more than ninety days after the authorization was signed. Patients shall be advised of the period of validity of their authorization on the disclosure authorization form. If the authorization does not contain an expiration date and the patient is not under the supervision of the department of corrections, it expires ninety days after it is signed.
(7))) (8) Where the patient is under the supervision of the department of corrections, an authorization signed pursuant to this section for health care information related to mental health or drug or alcohol treatment expires at the end of the term of supervision, unless the patient is part of a treatment program that requires the continued exchange of information until the end of the period of treatment.
Sec. 4. RCW 70.02.050 and 1998 c 158 s 1 are each amended to read as follows:
(1) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:
(a) To a person who the provider or facility reasonably believes is providing health care to the patient;
(b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, ((or)) actuarial services to, or other health care operations for or on behalf of the health care provider or health care facility; or for assisting the health care provider or health care facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:
(i) Will not use or disclose the health care information for any other purpose; and
(ii) Will take appropriate steps to protect the health care information;
(c) To any other health care provider or health care facility reasonably believed to have previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;
(d) To any person if the health care provider or health care facility reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on the part of the provider or facility to so disclose;
(e) ((Oral, and made)) To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;
(f) To a health care provider or health care facility who is the successor in interest to the health care provider or health care facility maintaining the health care information;
(g) For use in a research project that an institutional review board has determined:
(i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;
(ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;
(iii) Contains reasonable safeguards to protect the information from redisclosure;
(iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and
(v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;
(h) To a person who obtains information for purposes of an audit, if that person agrees in writing to:
(i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and
(ii) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient, or other unlawful conduct by the health care provider;
(i) To an official of a penal or other custodial institution in which the patient is detained;
(j) To provide directory information, unless the patient has instructed the health care provider or health care facility not to make the disclosure;
(k) ((In the case of a hospital or health care provider to provide, in cases reported by)) To fire, police, sheriff, or ((other)) another public authority, that brought, or caused to be brought, the patient to the health care facility or health care provider if the disclosure is limited to the patient's name, residence, sex, age, occupation, condition, diagnosis, estimated or actual discharge date, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted;
(l) To federal, state, or local law enforcement authorities and the health care provider, health care facility, or third-party payor believes in good faith that the health care information disclosed constitutes evidence of criminal conduct that occurred on the premises of the health care provider, health care facility, or third-party payor;
(m) To another health care provider, health care facility, or third-party payor for the health care operations of the health care provider, health care facility, or third-party payor that receives the information, if each entity has or had a relationship with the patient who is the subject of the health care information being requested, the health care information pertains to such relationship, and the disclosure is for the purposes described in RCW 70.02.010(7) (a) and (b); or
(n) For payment.
(2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:
(a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;
(b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;
(c) To county coroners and medical examiners for the investigations of deaths;
(d) Pursuant to compulsory process in accordance with RCW 70.02.060.
(3) All state or local agencies obtaining patient health care information pursuant to this section shall adopt rules establishing their record acquisition, retention, and security policies that are consistent with this chapter."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5158.
Senators Keiser and Benson spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5158.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5158.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5158, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5158, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senators Brown, Doumit and Kline - 3
Excused: Senator Finkbeiner - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5158, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5522, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.40.038 and 1987 c 118 s 1 are each amended to read as follows:
Those members subject to this chapter who became disabled in the line of duty on or after March 27, 1984, and who received or are receiving benefits under Title 51 RCW or a similar federal workers' compensation program shall receive or continue to receive service credit subject to the following:
(1) No member may receive more than one month's service credit in a calendar month.
(2) No service credit under this section may be allowed after a member separates or is separated without leave of absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the employer and paid to the department at the rate in effect for the period of service credited.
(5) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. No service credit shall be granted until the employee contribution has been paid.
(6) The service and compensation credit shall not be granted for a period to exceed ((twelve)) twenty-four consecutive months.
(7) Nothing in this section shall abridge service credit rights granted in RCW 41.40.220(2) and 41.40.320.
(8) Should the legislature revoke the service credit authorized under this section or repeal this section, no affected employee is entitled to receive the credit as a matter of contractual right."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Franklin moved that the Senate concur in the House amendment(s) to Senate Bill No. 5522.
Senator Franklin spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Franklin that the Senate concur in the House amendment(s) to Senate Bill No. 5522.
The motion by Senator Franklin carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5522.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5522, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5522, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.
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, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senators Brown, Kline and Pflug - 3
SENATE BILL NO. 5522, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5470, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that as consumers' prescription drug costs continue to rise, people across the state of Washington are seeking opportunities to purchase lower cost prescription drugs from Canada, the United Kingdom, Ireland, and other countries for their personal use. The state has a strong interest in promoting the safe use of prescription drugs by consumers in Washington state. To address this interest, the legislature intends to seek authorization from the federal government to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers, thereby providing licensed retail pharmacies the opportunity to purchase prescription drugs from approved wholesalers and pass those savings on to consumers, and providing consumers the opportunity to purchase prescription drugs from a trusted community pharmacist who is aware of all of their prescription drug needs.
NEW SECTION. Sec. 2. A new section is added to chapter 18.64 RCW to read as follows:
(1) By September 1, 2005, the board shall, in consultation with the department and the health care authority, submit a waiver request to the federal food and drug administration that will authorize the state of Washington to license Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers under RCW 18.64.046, thereby providing retail pharmacies licensed in Washington state the opportunity to purchase prescription drugs from approved wholesalers and pass those savings on to consumers. The waiver shall provide that:
(a) Canadian, United Kingdom, Irish, and other nondomestic prescription drug wholesalers meet the requirements of RCW 18.64.046 and any rules adopted by the board to implement those requirements;
(b) The board must ensure the integrity of the prescription drug products being distributed by:
(i) Requiring that prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers originate only from approved manufacturing locations;
(ii) Routinely testing prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers for safety;
(iii) Establishing safe labeling, tracking, and shipping procedures for prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers; and
(iv) Closely monitoring compliance with RCW 18.64.046 and any rules adopted to implement the waiver;
(c) The prescription drugs purchased from Canadian, United Kingdom, Irish, and other nondomestic wholesalers must be limited to those that are not temperature sensitive or infused and for which potential savings to consumers can be demonstrated and those available through purchase by individuals only at licensed retail pharmacies;
(d) To ensure that the program benefits those consumers without insurance coverage for prescription drugs who are most in need of price relief, prescription drug purchases from pharmacies under the waiver will be limited to those not eligible for reimbursement by third party insurance coverage, whether public or private, for the particular drug being purchased; and
(e) Savings associated with purchasing prescription drugs from Canadian, United Kingdom, Irish, and other nondomestic wholesalers will be passed on to consumers.
(2) Upon approval of the federal waiver submitted in accordance with subsection (1) of this section, the board, in consultation with the department and the health care authority, shall submit a detailed implementation plan to the governor and appropriate committees of the legislature that details the mechanisms that the board will use to implement each component of the waiver under subsection (1) of this section.
(3) The board shall adopt rules as necessary to implement this act.
NEW SECTION. Sec. 3. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Franklin moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5470.
Senators Franklin and Pflug spoke in favor of the motion.
MOTIONS
On motion of Senator Regala, Senator Haugen was excused.
The President declared the question before the Senate to be the motion by Senator Franklin that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5470.
The motion by Senator Franklin carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5470.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5470, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5470, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 3; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Voting nay: Senators Delvin, Honeyford, Morton, Pflug and Stevens - 5
Absent: Senators Brown, Deccio and Kline - 3
Excused: Senator Haugen - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5470, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5558, with the following amendment{s}:
On page 2, line 35, after "activities." insert "No general-fund state funds shall be used for the ongoing operation of the foundation."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5558.
Senator Keiser spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5558.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5558.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5558, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5558, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Absent: Senators Brown, Deccio, Delvin and Kline - 4
Excused: Senator Haugen - 1
SUBSTITUTE SENATE BILL NO. 5558, 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
On motion of Senator Regala, Senators Brown and Kline were excused.
MESSAGE FROM THE HOUSE
April 11, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010, with the following amendment{s}:
Beginning on page 2, line 29, after "rule;" strike all material through "beef." on page 3, line 8 and insert the following:
"NOW, THEREFORE, Your Memorialists respectfully pray that the United States Department of Agriculture: (1) Reaffirm to the Congress and the courts that the rule to lift the limited ban on importation of Canadian beef is based on sound scientific proof that consumer safety and animal health in the United States will be maintained; and (2) redouble its efforts to swiftly and successfully conclude negotiations with our trading partners to reestablish critical export markets for United States beef based on the same sound science."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Joint Memorial No. 8010.
Senators Rasmussen and Schoesler spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Joint Memorial No. 8010.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Joint Memorial No. 8010 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Joint Memorial No. 8010, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Joint Memorial No. 8010, 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 Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Deccio - 1
Excused: Senators Brown and Kline - 2
ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010, as amended by the House, having received the constitutional majority, was declared passed.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5699, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that aquatic invasive species and freshwater aquatic algae are causing economic, environmental, and public health problems that affect the citizens and aquatic resources of our state. Many highly destructive species, such as the zebra mussel, are currently not found in Washington's waters and efforts should be made to prevent the introduction or spread of these aquatic invasive species into our state waters. Preventing new introductions is significantly less expensive and causes far less ecological damage than trying to control new infestations.
The legislature also finds that freshwater algae, particularly blue-green algae, are also seriously degrading the water quality and recreational value of a number of our lakes. Blue-green algae can produce toxins that inhibit recreational uses and pose a threat to humans and pets.
It is therefore the intent of the legislature to clarify the roles of the different state agencies involved in these issues in order to address the threat of aquatic invasive species and the problem caused by aquatic freshwater algae, and to provide a dedicated fund source to prevent and control further impacts.
Sec. 2. RCW 88.02.050 and 2002 c 286 s 13 are each amended to read as follows:
(1) Application for a vessel registration shall be made to the department or its authorized agent in the manner and upon forms prescribed by the department. The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of ten dollars and fifty cents per year and the excise tax imposed under chapter 82.49 RCW. ((In addition, two))
(2) Five additional dollars must be collected annually from every vessel registration application. These moneys must be distributed in the following manner:
(a) Two dollars must be deposited into the derelict vessel removal account established in RCW 79.100.100. If the department of natural resources indicates that the balance of the derelict vessel removal account reaches one million dollars as of March 1st of any year, the collection of the two-dollar fee must be suspended for the following fiscal year.
(b) One dollar and fifty cents must be deposited in the aquatic invasive species prevention account created in section 3 of this act.
(c) One dollar must be deposited into the freshwater aquatic algae control account created in section 4 of this act.
(d) Fifty cents must be deposited into the aquatic invasive species enforcement account created in section 5 of this act.
(3) Any fees required for licensing agents under RCW 46.01.140 shall be in addition to the ten dollar and fifty cent annual registration fee and the ((two-dollar derelict vessel)) five-dollar fee created in subsection (2) of this section.
(4) Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.
(5) The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee, excise tax, and the derelict vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.
(6) When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.
NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:
(1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational watercraft. Funds must be expended as follows:
(a) To inspect watercraft, watercraft trailers, and outboard motors at selected boat launching sites;
(b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
(c) To evaluate and survey the risk posed by marine recreational watercraft in spreading aquatic invasive species into Washington state waters;
(d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and
(e) To implement an aquatic invasive species early detection and rapid response plan.
(3) The department shall provide training to Washington state patrol employees working at port of entry weigh stations on how to inspect recreational watercraft for the presence of zebra mussels and other aquatic invasive species. The department shall also cooperatively work with the Washington state patrol to set up random check stations to inspect watercraft at areas of high boating activity.
(4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.
NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:
(1) The freshwater aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the freshwater aquatic algae control account may be appropriated to the department to develop a freshwater aquatic algae control program. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose districts, and state agencies to manage excessive freshwater algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and
(b) To provide technical assistance to applicants and the public about aquatic algae control.
(3) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.
NEW SECTION. Sec. 5. A new section is added to chapter 43.43 RCW to read as follows:
(1) The aquatic invasive species enforcement account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol to develop an aquatic invasive species enforcement program for recreational watercraft. Funds must be expended as follows:
(a) To inspect recreational watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of zebra mussels and other aquatic invasive species; and
(b) To establish random check stations, in conjunction with the department of fish and wildlife, to inspect watercraft in areas of high boating activity.
(3) The Washington state patrol shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of this act. The first report is due December 1, 2007.
NEW SECTION. Sec. 6. Section 2 of this act applies to vessel registration fees that are due or become due on or after August 1, 2005.
NEW SECTION. Sec. 7. Section 2 of this act expires June 30, 2012."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5699.
Senators Jacobsen and Oke spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5699.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5699.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5699, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5699, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senators Benton and Stevens - 2
Absent: Senator Fairley - 1
Excused: Senators Brown and Kline - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 5699, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5841, with the following amendment{s}:
On page 2, line 29, after "procedures" strike "and asthma prevention policies"
Beginning on page 3, line 35, strike all of section 3
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 4, line 31, after "plans." insert "On January 1, 2007, and January 1, 2009, the authority shall issue a status report to the legislature summarizing any results it attains in exploring and coordinating strategies for asthma, diabetes, heart disease, and other chronic diseases."
On page 5, beginning on line 1, strike all of section 5 and insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department, in collaboration with its public and private partners, shall design a state asthma plan, based on clinically sound criteria including nationally recognized guidelines such as those established by the national asthma education prevention partnership expert panel report guidelines for the diagnosis and management of asthma.
(2) The plan shall include recommendations in the following areas:
(a) Evidence-based processes for the prevention and management of asthma;
(b) Data systems that support asthma prevalence reporting, including population disparities and practice variation in the treatment of asthma;
(c) Quality improvement strategies addressing the successful diagnosis and management of the disease; and
(d) Cost estimates and sources of funding for plan implementation.
(3) The department shall submit the completed state plan to the governor and the legislature by December 1, 2005. After the initial state plan is submitted, the department shall provide progress reports to the governor and the legislature on a biennial basis beginning December 1, 2007.
(4) The department shall implement the state plan recommendations made under subsection (2) of this section only to the extent that federal, state, or private funds, including grants, are available for that purpose."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5841.
Senator Keiser spoke in favor of the motion.
MOTION
On motion of Senator Brandland, Senator Parlette was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5841.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5841.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5841, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5841, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 45
Absent: Senators Benton and Zarelli - 2
Excused: Senators Kline and Parlette - 2
SUBSTITUTE SENATE BILL NO. 5841, 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
On motion of Senator Eide, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
April 19, 2005
SGA 9211 DARLENE WILDER, appointed November 17, 2003, for the term ending September 30, 2007, as Member, Board of Trustees, Wenatchee Valley Community College District No. 15. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Berkey, Eide, Kohl-Welles, Pflug, Pridemore, Vice Chair, Higher Education; Rasmussen, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
April 19, 2005
SGA 9302 MARK WOLFRAM, appointed November 1, 2004, for the term ending September 30, 2009, as Member, Board of Trustees, Cascadia Community College District No. 30. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Berkey, Eide, Kohl-Welles, Pflug, Pridemore, Vice Chair, Higher Education; Rasmussen, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
April 19, 2005
SGA 9320 BETTI L. SHELDON, appointed February 24, 2005, for the term ending June 30, 2008, as Member of the Higher Education Coordinating Board. Reported by Committee on Early Learning, K-12 & Higher Education
MAJORITY recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Berkey, Carrell, Eide, Kohl-Welles, Pflug, Pridemore, Vice Chair, Higher Education; Rasmussen, Schmidt, Schoesler and Shin
Passed to Committee on Rules for second reading.
MOTION
On motion of Eide, all measures listed on the Standing Committee report were referred to the committees as designated with the exception of Gubernatorial Appointment No. 9320 which was placed on the day’s calendar.
MOTION
On motion of Senator Weinstein, Senator Prentice was excused.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Rockefeller, moved that Gubernatorial Appointment No. 9320, Betti Sheldon, as a member of the Higher Education Coordinating Board, be confirmed.
Senators Rockefeller, Oke, Regala, McCaslin, Eide, Kohl-Welles, Pflug, McAuliffe, Thibaudeau, Rasmussen and Shin spoke in favor of the motion.
MOTIONS
On motion of Senator Honeyford, Senators Benton and Zarelli were excused.
On motion of Senator Esser, Senator Hewitt was excused.
APPOINTMENT OF BETTI SHELDON
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9320, Betti Sheldon as a member of the Higher Education Coordinating Board.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9320, Betti Sheldon as a member of the Higher Education Coordinating Board and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; 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, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Absent: Senators Brown and Pflug - 2
Excused: Senators Kline, Parlette and Prentice - 3
Gubernatorial Appointment No. 9320, Betti Sheldon, having received the constitutional majority was declared confirmed as a member of the Higher Education Coordinating Board.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The Speaker has signed:
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The Speaker has signed:
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 2255.
MOTION
At 11:27 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 12:13 p.m. by the President Pro Tempore.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Rasmussen moved adoption of the following resolution:
SENATE RESOLUTION
8680
By Senators Rasmussen, Mulliken, McCaslin, Carrell, Kastama, Deccio, Schmidt, Hewitt, Prentice, Hargrove, Sheldon, Spanel, Roach, Schoesler, Haugen, Benton, Finkbeiner, Morton, Parlette, Delvin, Shin, Honeyford, Fairley, Esser, Franklin, Stevens, Wyss, Zarelli, Swecker, Keiser, Fraser, Doumit, Pflug, Brandland, Poulsen, McAuliffe, Johnson, Jacobsen and Brown
WHEREAS, Washington has been blessed with local granges since 1873 and a statewide grange organization since shortly before the admission of Washington Territory to statehood in 1889; and
WHEREAS, The Washington State Grange enjoys the distinction of having more Grangers than any other state – currently around 50,000 members of a nationwide total of 350,000 members in 37 states; and
WHEREAS, The Washington State Grange coordinates the activities of the state's 300 subordinate granges; and
WHEREAS, The Washington State Grange invites all state residents to consider becoming members of this progressive, active, and concerned organization; and
WHEREAS, The Grange continues to honor its long-standing commitment to boosting the standard of living for farmers and other rural residents; and
WHEREAS, The Washington State Grange, a nonpartisan, grass roots organization, takes pride in sponsoring a multitude of activities ranging from presenting college scholarships to legislative involvement and coordinating projects and contests; and
WHEREAS, Dedicated to community building and involvement, many Pomona Granges organize countywide events such as softball or bowling leagues, camping clubs, or fund-raising drives for food banks, charities, or other community services; and
WHEREAS, The Grange maintains a strong and abiding interest in quality of life issues important to rural and urban residents of our state;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate congratulate the Grange on more than 130 years of service in Washington Territory and the State of Washington; and
BE IT FURTHER RESOLVED, That the Washington State Senate honor the Washington State Grange for its many positive contributions to our communities and encourage officers and members to keep up the good and useful work they do; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to State Grange President Terry Hunt at the Washington State Grange headquarters in Olympia.
Senators Rasmussen, Mulliken, Roach, Jacobsen and Morton spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8680.
The motion by Senator Rasmussen carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Mr. Terry Hunt, President, and members of the Washington State Grange who were seated in the gallery.
MOTION
At 12:23 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 2:00 p.m.
The Senate was called to order at 2:00 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the third order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Prentice, moved that Gubernatorial Appointment No. 9265, Victor Moore, as Director of the Office of Financial Management, be confirmed.
Senators Prentice, Delvin, Benson, Regala, Parlette, Rockefeller and Thibaudeau spoke in favor of the motion.
MOTIONS
On motion of Senator Regala, Senators Doumit, Brown, Fraser and Shin were excused.
On motion of Senator Hewitt, Senator Stevens was excused.
APPOINTMENT OF VICTOR MOORE
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9265, Victor Moore as Director of the Office of Financial Management.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9265, Victor Moore as Director of the Office of Financial Management and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Absent: Senators Haugen and McCaslin - 2
Excused: Senators Brown, Fraser and Shin - 3
Gubernatorial Appointment No. 9265, Victor Moore, having received the constitutional majority was declared confirmed as Director of the Office of Financial Management.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Franklin, moved that Gubernatorial Appointment No. 9324, John Batiste, as a Chief of the Washington State Patrol, be confirmed.
Senators Franklin, Oke, Haugen, Rasmussen and Brandland spoke in favor of the motion.
MOTION
On motion of Senator Hewitt, Senators Finkbeiner, Mulliken, Swecker and McCaslin were excused.
APPOINTMENT OF JOHN BATISTE
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9324, John Batiste as a Chief of the Washington State Patrol.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9324, John Batiste as Chief of the Washington State Patrol and the appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 42
Excused: Senators Brown, Finkbeiner, Fraser, McCaslin, Mulliken, Shin and Swecker - 7
Gubernatorial Appointment No. 9324, John Batiste, having received the constitutional majority was declared confirmed as Chief of the Washington State Patrol.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5112,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5395,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5441,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5577,
ENGROSSED SENATE BILL NO. 5583,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5599,
SUBSTITUTE SENATE BILL NO. 5631,
SUBSTITUTE SENATE BILL NO. 5692,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5806,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5872,
SUBSTITUTE SENATE BILL NO. 5899,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5983,
SUBSTITUTE SENATE BILL NO. 5992,
SUBSTITUTE SENATE BILL NO. 6022
MESSAGE FROM THE HOUSE
April 11, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6014, with the following amendment{s}:
On page 2, after line 16, insert the following:
"NEW SECTION. Sec. 3. The department of labor and industries may adopt rules to implement this act."
Renumber the remaining section consecutively.
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kline moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6014.
Senator Kline 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 Substitute Senate Bill No. 6014.
The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6014.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6014, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6014, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Doumit, Eide, Fairley, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 40
Absent: Senators Delvin and Esser - 2
Excused: Senators Brown, Finkbeiner, Fraser, McCaslin, Mulliken, Shin and Swecker - 7
SUBSTITUTE SENATE BILL NO. 6014, 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
On motion of Senator Haugen, Senator Prentice was excused.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5039, with the following amendment{s}:
On page 3, after line 4, insert the following:
"Sec. 4. RCW 15.36.491 and 1999 c 291 s 23 are each amended to read as follows:
All moneys received for licenses under this chapter shall be deposited in the general fund, except that all moneys received for annual milk processing plant licenses under RCW 15.36.051 shall be deposited in the agricultural local fund established under RCW 43.23.230."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.
On page 3, line 5, after "Sec. 4." strike "Section 1 of this act is" and insert "Sections 1 and 4 of this act are"
On page 3, line 8, strike "takes" and insert "take"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Senate Bill No. 5039.
Senator Rasmussen spoke in favor of the motion.
MOTION
On motion of Senator Hewitt, Senators Schmidt and Delvin were excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Senate Bill No. 5039.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5039.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5039, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5039, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 41
Absent: Senator Rockefeller - 1
Excused: Senators Brown, Delvin, Fraser, McCaslin, Prentice, Schmidt and Swecker - 7
SENATE BILL NO. 5039, 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.
MESSAGE FROM THE HOUSE
April 8, 2005
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5202, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.05.006 and 1988 c 107 s 2 are each amended to read as follows:
(1) The legislature recognizes that (a) the state is a major purchaser of health care services, (b) the increasing costs of such health care services are posing and will continue to pose a great financial burden on the state, (c) it is the state's policy, consistent with the best interests of the state, to provide comprehensive health care as an employer, to state employees and officials and their dependents and to those who are dependent on the state for necessary medical care, and (d) it is imperative that the state begin to develop effective and efficient health care delivery systems and strategies for procuring health care services in order for the state to continue to purchase the most comprehensive health care possible.
(2) It is therefore the purpose of this chapter to establish the Washington state health care authority whose purpose shall be to (a) develop health care benefit programs((,)) that provide access to at least one comprehensive benefit plan funded to the fullest extent possible by the employer, ((that provide comprehensive health care)) and a health savings account/high deductible health plan option as defined in section 1201 of the medicare prescription drug improvement and modernization act of 2003, as amended, for eligible state employees, officials, and their dependents, and (b) study all state-purchased health care, alternative health care delivery systems, and strategies for the procurement of health care services and make recommendations aimed at minimizing the financial burden which health care poses on the state, its employees, and its charges, while at the same time allowing the state to provide the most comprehensive health care options possible.
Sec. 2. RCW 41.05.065 and 2003 c 158 s 2 are each amended to read as follows:
(1) The board shall study all matters connected with the provision of health care coverage, life insurance, liability insurance, accidental death and dismemberment insurance, and disability income insurance or any of, or a combination of, the enumerated types of insurance for employees and their dependents on the best basis possible with relation both to the welfare of the employees and to the state. However, liability insurance shall not be made available to dependents.
(2) The board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements:
(a) Methods of maximizing cost containment while ensuring access to quality health care;
(b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods;
(c) Wellness incentives that focus on proven strategies, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education;
(d) Utilization review procedures including, but not limited to a cost-efficient method for prior authorization of services, hospital inpatient length of stay review, requirements for use of outpatient surgeries and second opinions for surgeries, review of invoices or claims submitted by service providers, and performance audit of providers;
(e) Effective coordination of benefits;
(f) Minimum standards for insuring entities; and
(g) Minimum scope and content of public employee benefit plans to be offered to enrollees participating in the employee health benefit plans. To maintain the comprehensive nature of employee health care benefits, employee eligibility criteria related to the number of hours worked and the benefits provided to employees shall be substantially equivalent to the state employees' health benefits plan and eligibility criteria in effect on January 1, 1993. Nothing in this subsection (2)(g) shall prohibit changes or increases in employee point-of-service payments or employee premium payments for benefits or the administration of a high deductible health plan in conjunction with a health savings account.
(3) The board shall design benefits and determine the terms and conditions of employee participation and coverage, including establishment of eligibility criteria. The same terms and conditions of participation and coverage, including eligibility criteria, shall apply to state employees and to school district employees and educational service district employees.
(4) The board may authorize premium contributions for an employee and the employee's dependents in a manner that encourages the use of cost-efficient managed health care systems. The board shall require participating school district and educational service district employees to pay at least the same employee premiums by plan and family size as state employees pay.
(5) The board shall develop a health savings account option for employees that conforms to section 223, Part VII of subchapter B of chapter 1 of the internal revenue code of 1986. The board shall comply with all applicable federal standards related to the establishment of health savings accounts.
(6) Notwithstanding any other provision of this chapter, the board shall develop a high deductible health plan to be offered in conjunction with a health savings account developed under subsection (5) of this section.
(7) Employees shall choose participation in one of the health care benefit plans developed by the board and may be permitted to waive coverage under terms and conditions established by the board.
(((6))) (8) The board shall review plans proposed by insuring entities that desire to offer property insurance and/or accident and casualty insurance to state employees through payroll deduction. The board may approve any such plan for payroll deduction by insuring entities holding a valid certificate of authority in the state of Washington and which the board determines to be in the best interests of employees and the state. The board shall promulgate rules setting forth criteria by which it shall evaluate the plans.
(((7))) (9) Before January 1, 1998, the public employees' benefits board shall make available one or more fully insured long-term care insurance plans that comply with the requirements of chapter 48.84 RCW. Such programs shall be made available to eligible employees, retired employees, and retired school employees as well as eligible dependents which, for the purpose of this section, includes the parents of the employee or retiree and the parents of the spouse of the employee or retiree. Employees of local governments and employees of political subdivisions not otherwise enrolled in the public employees' benefits board sponsored medical programs may enroll under terms and conditions established by the administrator, if it does not jeopardize the financial viability of the public employees' benefits board's long-term care offering.
(a) Participation of eligible employees or retired employees and retired school employees in any long-term care insurance plan made available by the public employees' benefits board is voluntary and shall not be subject to binding arbitration under chapter 41.56 RCW. Participation is subject to reasonable underwriting guidelines and eligibility rules established by the public employees' benefits board and the health care authority.
(b) The employee, retired employee, and retired school employee are solely responsible for the payment of the premium rates developed by the health care authority. The health care authority is authorized to charge a reasonable administrative fee in addition to the premium charged by the long-term care insurer, which shall include the health care authority's cost of administration, marketing, and consumer education materials prepared by the health care authority and the office of the insurance commissioner.
(c) To the extent administratively possible, the state shall establish an automatic payroll or pension deduction system for the payment of the long-term care insurance premiums.
(d) The public employees' benefits board and the health care authority shall establish a technical advisory committee to provide advice in the development of the benefit design and establishment of underwriting guidelines and eligibility rules. The committee shall also advise the board and authority on effective and cost-effective ways to market and distribute the long-term care product. The technical advisory committee shall be comprised, at a minimum, of representatives of the office of the insurance commissioner, providers of long-term care services, licensed insurance agents with expertise in long-term care insurance, employees, retired employees, retired school employees, and other interested parties determined to be appropriate by the board.
(e) The health care authority shall offer employees, retired employees, and retired school employees the option of purchasing long-term care insurance through licensed agents or brokers appointed by the long-term care insurer. The authority, in consultation with the public employees' benefits board, shall establish marketing procedures and may consider all premium components as a part of the contract negotiations with the long-term care insurer.
(f) In developing the long-term care insurance benefit designs, the public employees' benefits board shall include an alternative plan of care benefit, including adult day services, as approved by the office of the insurance commissioner.
(g) The health care authority, with the cooperation of the office of the insurance commissioner, shall develop a consumer education program for the eligible employees, retired employees, and retired school employees designed to provide education on the potential need for long-term care, methods of financing long-term care, and the availability of long-term care insurance products including the products offered by the board.
(h) By December 1998, the health care authority, in consultation with the public employees' benefits board, shall submit a report to the appropriate committees of the legislature, including an analysis of the marketing and distribution of the long-term care insurance provided under this section."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5202 and ask the House to recede therefrom.
Senators Keiser and Parlette spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Keiser that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5202 and ask the House to recede therefrom.
The motion by Senator Keiser carried and the Senate refused to concur in the House amendment(s) to Second Substitute Senate Bill No. 5202 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5274, with the following amendment{s}:
On page 23, line 32, after "4," strike all material through "20" and insert "7, 9, 13, 20, and 22"
On page 24, line 1, after "3," insert "5,"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Senate Bill No. 5274.
Senator Keiser spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Senate Bill No. 5274.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5274.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5274, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5274, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 42
Absent: Senators Deccio and Finkbeiner - 2
Excused: Senators Brown, Fraser, McCaslin, Prentice and Swecker - 5
SENATE BILL NO. 5274, 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 2:43 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 4:11 p.m. by President Owen.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5158,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5470,
SUBSTITUTE SENATE BILL NO. 5558,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5699,
SUBSTITUTE SENATE BILL NO. 5841,
ENGROSSED SUBSTITUTE SENATE JOINT MEMORIAL NO. 8010
MESSAGE FROM THE HOUSE
April 8, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5321, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.12.370 and 2004 c 230 s 1 are each amended to read as follows:
In addition to any other authority which it may have, the department of licensing may furnish lists of registered and legal owners of motor vehicles only for the purposes specified in this section to:
(1) The manufacturers of motor vehicles, or their authorized agents, to be used to enable those manufacturers to carry out the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. sec. 1382-1418), including amendments or additions thereto, respecting safety-related defects in motor vehicles;
(2) Any governmental agency of the United States or Canada, or political subdivisions thereof, to be used by it or by its authorized commercial agents or contractors only in connection with the enforcement of motor vehicle or traffic laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.380 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;
(4) An authorized agent or contractor of the department, to be used only in connection with providing motor vehicle excise tax, licensing, title, and registration information to motor vehicle dealers;
(5) Any business regularly making loans to other persons to finance the purchase of motor vehicles, to be used to assist the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not to provide such financing; or
(6) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.
Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from law enforcement agencies or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business. The residence address may also be disclosed for use in legal proceedings or preparation for legal proceedings. Legal proceedings include, but are not limited to, lawsuits and repossessions.
If a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial parking company, authorized agent, contractor, financial institution, toll facility operator, or their authorized agents or contractors responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.
Sec. 2. RCW 46.12.380 and 1995 c 254 s 10 are each amended to read as follows:
(1) Notwithstanding the provisions of chapter 42.17 RCW, the name or address of an individual vehicle owner shall not be released by the department, county auditor, or agency or firm authorized by the department except under the following circumstances:
(a) The requesting party is a business entity that requests the information for use in the course of business;
(b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the purpose for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.
(2) Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from law enforcement agencies or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business. The residence address may also be disclosed for use in legal proceedings or preparation for legal proceedings. Legal proceedings include, but are not limited to, lawsuits and repossessions.
(3) The disclosing entity shall retain the request for disclosure for three years.
(((3))) (4) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle owner, to whom the information applies, that the request has been granted. The notice also shall contain the name and address of the requesting party.
(((4))) (5) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.
(((5))) (6) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle owners.
(((6))) (7) This section shall not apply to title history information under RCW 19.118.170."
On page 2, beginning on line 9 of the amendment, strike everything through "repossessions." on line 17, and insert "Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business."
On page 3, beginning on line 14 of the amendment, strike everything through "repossessions." on line 22, and insert "(2) Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendment(s) to Senate Bill No. 5321.
Senator Haugen spoke in favor of the motion.
MOTION
On motion of Senator Regala, Senators Brown and Rasmussen were excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Senate Bill No. 5321.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5321.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5321, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5321, 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 Benson, Benton, Berkey, Brandland, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Delvin - 1
Excused: Senators Brown and Rasmussen - 2
SENATE BILL NO. 5321, 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.
MOTIONS
On motion of Senator Weinstein, Senator Prentice was excused.
On motion of Senator Esser, Senator Delvin was excused.
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5788, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to improve recycling, eliminate illegal disposal of recyclable materials, protect consumers from sham recycling, and to further the purposes of RCW 70.95.020 and the goal of consistency in jurisdictional treatment of the statewide solid waste management plan adopted by the department of ecology.
Sec. 2. RCW 70.95.020 and 1998 c 156 s 1 and 1998 c 90 s 1 are each reenacted and amended to read as follows:
The purpose of this chapter is to establish a comprehensive statewide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state. To this end it is the purpose of this chapter:
(1) To assign primary responsibility for adequate solid waste handling to local government, reserving to the state, however, those functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by local government;
(3) To provide for the adoption and enforcement of basic minimum performance standards for solid waste handling, including that all sites where recyclable materials are generated and transported from shall provide a separate container for solid waste;
(4) To encourage the development and operation of waste recycling facilities needed to accomplish the management priority of waste recycling, ((and)) to promote consistency in the requirements for such facilities throughout the state, and to ensure that recyclable materials diverted from the waste stream for recycling are routed to facilities in which recycling occurs;
(5) To provide technical and financial assistance to local governments in the planning, development, and conduct of solid waste handling programs;
(6) To encourage storage, proper disposal, and recycling of discarded vehicle tires and to stimulate private recycling programs throughout the state; and
(7) To encourage the development and operation of waste recycling facilities and activities needed to accomplish the management priority of waste recycling and to promote consistency in the permitting requirements for such facilities and activities throughout the state.
It is the intent of the legislature that local governments be encouraged to use the expertise of private industry and to contract with private industry to the fullest extent possible to carry out solid waste recovery and/or recycling programs.
Sec. 3. RCW 70.95.305 and 1998 c 156 s 5 are each amended to read as follows:
(1) Notwithstanding any other provision of this chapter, the department may by rule exempt from the requirements to obtain a solid waste handling permit any category of solid waste handling facility that it determines to:
(a) Present little or no environmental risk; and
(b) Meet the environmental protection and performance requirements required for other similar solid waste facilities.
(2) This section does not apply to any facility or category of facilities that:
(a) Receives municipal solid waste destined for final disposal, including but not limited to transfer stations, landfills, and incinerators;
(b) Applies putrescible solid waste on land for final disposal purposes;
(c) Handles mixed solid wastes that have not been processed to segregate solid waste materials destined for disposal from other solid waste materials destined for a beneficial use or recycling;
(d) Receives or processes organic waste materials into compost in volumes that generally far exceed those handled by municipal park departments, master gardening programs, and households; or
(e) Receives solid waste destined for recycling or reuse, the operation of which is determined by the department to present risks to human health and the environment.
(3) Rules adopted under this section shall contain such terms and conditions as the department deems necessary to ensure compliance with applicable statutes and rules. If a facility does not operate in compliance with the terms and conditions established for an exemption under subsection (1) of this section, the facility is subject to the permitting requirements for solid waste handling under this chapter.
(4) This section shall not be deemed to invalidate the exemptions or determinations of nonapplicability in the department's solid waste rules as they exist on June 11, 1998, which exemptions and determinations are recognized and confirmed subject to the department's continuing authority to modify or revoke those exemptions or determinations by rule.
NEW SECTION. Sec. 4. A new section is added to chapter 70.95 RCW to read as follows:
(1) For the purposes of this section and section 5 of this act, "transporter" means any person or entity that transports recyclable materials from commercial or industrial generators over the public highways of the state of Washington for compensation, and who are required to possess a permit to operate from the Washington utilities and transportation commission under chapter 81.80 RCW. "Transporter" includes commercial recycling operations of certificated solid waste collection companies as provided in chapter 81.77 RCW. "Transporter" does not include:
(a) Carriers of commercial recyclable materials, when such materials are owned or being bought or sold by the entity or person, and being carried in their own vehicle, when such activity is incidental to the conduct of an entity or person's primary business;
(b) Entities or persons hauling their own recyclables or hauling recyclables they generated or purchased and transported in their own vehicles;
(c) Nonprofit or charitable organizations collecting and transporting recyclable materials from a buyback center, drop box, or from a commercial or industrial generator of recyclable materials;
(d) City municipal solid waste departments or city solid waste contractors; or
(e) Common carriers under chapter 81.80 RCW whose primary business is not the transportation of recyclable materials.
(2) All transporters shall register with the department prior to the transportation of recyclable materials. The department shall supply forms for registration.
(3) A transporter who transports recyclable materials within the state without a transporter registration required by this section is subject to a civil penalty in an amount up to one thousand dollars per violation.
NEW SECTION. Sec. 5. A new section is added to chapter 70.95 RCW to read as follows:
(1) A transporter may not deliver any recyclable materials for disposal to a transfer station or landfill.
(2) A transporter shall keep records of locations and quantities specifically identified in relation to a generator's name, service date, address, and invoice, documenting where recyclables have been sold, delivered for processing, or otherwise marketed. These records must be retained for two years from the date of collection, and must be made accessible for inspection by the department and the local health department.
(3) A transporter who violates the provisions of this section is subject to a civil penalty of up to one thousand dollars per violation.
NEW SECTION. Sec. 6. A new section is added to chapter 70.95 RCW to read as follows:
Any person damaged by a violation of sections 4 through 8 of this act may bring a civil action for such a violation by seeking either injunctive relief or damages, or both, in the superior court of the county in which the violation took place or in Thurston county. The prevailing party in such an action is entitled to reasonable costs and attorneys' fees, including those on appeal.
NEW SECTION. Sec. 7. A new section is added to chapter 70.95 RCW to read as follows:
(1) All facilities that recycle solid waste, except for those facilities with a current solid waste handling permit issued under RCW 70.95.170, must notify the department in writing within thirty days prior to operation, or ninety days from the effective date of this section for existing recycling operations, of the intent to conduct recycling in accordance with this section. Notification must be in writing, and include:
(a) Contact information for the person conducting the recycling activity;
(b) A general description of the recycling activity;
(c) A description of the types of solid waste being recycled; and
(d) A general explanation of the recycling processes and methods.
(2) Each facility that recycles solid waste, except those facilities with a current solid waste handling permit issued under RCW 70.95.170, shall prepare and submit an annual report to the department by April 1st on forms supplied by the department. The annual report must detail recycling activities during the previous calendar year and include the following information:
(a) The name and address of the recycling operation;
(b) The calendar year covered by the report;
(c) The annual quantities and types of waste received, recycled, and disposed, in tons, for purposes of determining progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4); and
(d) Any additional information required by written notification of the department that is needed to determine progress towards achieving the goals of waste reduction, waste recycling, and treatment in accordance with RCW 70.95.010(4).
(3) Any facility, except for product take-back centers, that recycles solid waste materials within the state without first obtaining a solid waste handling permit under RCW 70.95.170 or completing a notification under this section is subject to a civil penalty of up to one thousand dollars per violation.
NEW SECTION. Sec. 8. A new section is added to chapter 70.95 RCW to read as follows:
(1) The department may adopt rules that establish financial assurance requirements for recycling facilities that do not already have financial assurance requirements under this chapter, or are not already specifically exempted from financial assurance requirements under this chapter. The financial assurance requirements must take into consideration the amounts and types of recyclable materials recycled at the facility, and the potential closure and postclosure costs associated with the recycling facility; which assurance may consist of posting of a surety bond in an amount sufficient to meet these requirements or other financial instrument, but in no case less than ten thousand dollars.
(2) A recycling facility is required to meet financial assurance requirements adopted by the department by rule, unless the facility is already required to provide financial assurance under other provisions of this chapter.
(3) Facilities that collect, recover, process, or otherwise recycle scrap metal, processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal are exempt from the requirements of this section.
NEW SECTION. Sec. 9. 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."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Poulsen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5788.
Senators Poulsen and Morton spoke in favor the motion.
Senator Fraser spoke against the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Poulsen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5788.
The motion by Senator Poulsen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5788.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5788, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5788, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker and Zarelli - 40
Voting nay: Senators Fairley, Franklin, Fraser, Kohl-Welles, Thibaudeau and Weinstein - 6
Excused: Senators Brown, Prentice and Rasmussen - 3
ENGROSSED SUBSTITUTE SENATE BILL NO. 5788, 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.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6033, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.70.430 and 2001 c 234 s 1 are each amended to read as follows:
(1) In order to administer a Puget Sound crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab--Puget Sound fishery license to reimburse the department for the production of Puget Sound crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program.
(2) In order to administer a Washington coastal Dungeness crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab--coastal or a Dungeness crab coastal class B fishery license to reimburse the department for the production of Washington coastal crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program.
(3) The department shall annually review the costs of crab pot buoy tag production under this section with the goal of minimizing the per tag production costs. Any savings in production costs shall be passed on to the fishers required to purchase crab pot buoy tags under this section in the form of a lower tag fee.
Sec. 2. RCW 77.70.440 and 2001 c 234 s 2 are each amended to read as follows:
The Puget Sound crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from RCW 77.70.430(1) must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures.
NEW SECTION. Sec. 3. A new section is added to chapter 77.70 RCW to read as follows:
The Washington coastal crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from RCW 77.70.430(2) must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Senate Bill No. 6033.
Senators Jacobsen and Oke spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Senate Bill No. 6033.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6033.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6033, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6033, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 41
Voting nay: Senators Benson, Benton, Johnson, McCaslin and Roach - 5
Excused: Senators Brown, Prentice and Rasmussen - 3
SENATE BILL NO. 6033, 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
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, by Representatives Schual-Berke, Cody, Haler, Moeller, Clibborn, Darneille, Fromhold and Chase
Establishing the joint public health financing committee. (REVISED FOR ENGROSSED: Establishing the joint select committee on public health financing.)
The measure was read the second time.
MOTION
On motion of Senator Keiser, the rules were suspended, Engrossed House Concurrent Resolution No. 4410 was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.
Senators Keiser and Deccio spoke in favor of passage of the resolution.
The President declared the question before the Senate to be the final passage of Engrossed House Concurrent Resolution No. 4410.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Concurrent Resolution No. 4410 and the resolution passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Voting nay: Senators Benson and Carrell - 2
Excused: Senator Prentice - 1
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 11, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5418, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 19.182 RCW to read as follows:
(1) A victim of identity theft who has submitted a valid police report to a consumer reporting agency may elect to place a security freeze on his or her report by making a request in writing by certified mail to a consumer reporting agency. "Security freeze" means a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. If a security freeze is in place, information from a consumer's credit report may not be released to a third party without prior express authorization from the consumer. This subsection does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.
(2) For purposes of this section and sections 2 through 5 of this act, a "victim of identity theft" means:
(a) A victim of identity theft as defined in RCW 9.35.020; or
(b) A person who has been notified by an agency, person, or business that owns or licenses computerized data of a breach in a computerized data system which has resulted in the acquisition of that person's unencrypted personal information by an unauthorized person or entity.
(3) A consumer reporting agency shall place a security freeze on a consumer's credit report no later than five business days
after receiving a written request from the consumer.
(4) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit report for a specific party or period of time.
(5) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, he or she shall contact the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following:
(a) Proper identification, which means that information generally deemed sufficient to identify a person. Only if the consumer is unable to sufficiently identify himself or herself, may a consumer reporting agency require additional information concerning the consumer's employment and personal or family history in order to verify his or her identity;
(b) The unique personal identification number or password provided by the credit reporting agency under subsection (4) of this section; and
(c) The proper information regarding the third party who is to receive the credit report or the time period for which the report is available to users of the credit report.
(6) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report under subsection (5) of this section, shall comply with the request no later than three business days after receiving the request.
(7) A consumer reporting agency may develop procedures involving the use of telephone, fax, the internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report under subsection (5) of this section in an expedited manner.
(8) A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases:
(a) Upon consumer request, under subsection (5) or (11) of this section; or
(b) When the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. When a consumer reporting agency intends to remove a freeze upon a consumer's credit report under this subsection, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report.
(9) When a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete.
(10) When a consumer requests a security freeze, the consumer reporting agency shall disclose the process of placing and temporarily lifting a freeze, and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place.
(11) A security freeze remains in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer, who provides both of the following:
(a) Proper identification, as defined in subsection (5)(a) of this section; and
(b) The unique personal identification number or password provided by the consumer reporting agency under subsection (4) of this section.
(12) This section does not apply to the use of a consumer credit report by any of the following:
(a) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;
(b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (5) of this section for purposes of facilitating the extension of credit or other permissible use;
(c) Any federal, state, or local entity, including a law enforcement agency, court, or their agents or assigns;
(d) A private collection agency acting under a court order, warrant, or subpoena;
(e) A child support agency acting under Title IV-D of the social security act (42 U.S.C. et seq.);
(f) The department of social and health services acting to fulfill any of its statutory responsibilities;
(g) The internal revenue service acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities;
(h) The use of credit information for the purposes of prescreening as provided for by the federal fair credit reporting act;
(i) Any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed; and
(j) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer's request.
NEW SECTION. Sec. 2. A new section is added to chapter 19.182 RCW to read as follows:
If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer's file: Name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
NEW SECTION. Sec. 3. A new section is added to chapter 19.182 RCW to read as follows:
A consumer reporting agency is not required to place a security freeze in a consumer credit report under section 1 of this act if it acts only as a reseller of credit information by assembling and merging information contained in the data base of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent data base of credit information from which new consumer credit reports are produced. However, a consumer reporting agency must honor any security freeze placed on a consumer credit report by another consumer reporting agency.
NEW SECTION. Sec. 4. A new section is added to chapter 19.182 RCW to read as follows:
The following entities are not required to place a security freeze in a consumer credit report under section 1 of this act:
(1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; and
(2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
NEW SECTION. Sec. 5. A new section is added to chapter 19.182 RCW to read as follows:
A consumer reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of employment, or former places of employment."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Berkey moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5418.
Senator Berkey spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Berkey that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5418.
The motion by Senator Berkey carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5418.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5418, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5418, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Voting nay: Senators Hewitt and Mulliken - 2
ENGROSSED SENATE BILL NO. 5418, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5049, with the following amendment{s}:
On page 3, line 33, after "mold." insert "Information may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property."
On page 4, line 4, after "January 1, 2006" insert ", or must be posted in a visible, public location at the dwelling unit property beginning the effective date of this act"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5049.
Senator Kohl-Welles spoke in favor of the motion.
MOTION
On motion of Senator Brandland, Senator Carrell was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5049.
The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5049.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5049, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5049, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Voting nay: Senator Honeyford - 1
Absent: Senator Rockefeller - 1
Excused: Senator Carrell - 1
ENGROSSED SENATE BILL NO. 5049, 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.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1496 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate recede from its position on Substitute House Bill No. 1496.
The President declared the question before the Senate to be motion by Senator Kohl-Welles that the Senate recede from its position on Substitute House Bill No. 1496.
The motion by Senator Kohl-Welles carried and the Senate receded from its position on Substitute House Bill No. 1496.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended and Substitute House Bill No. 1496 was returned to second reading for the purposes of amendment.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1496, by House Committee on Judiciary (originally sponsored by Representatives Simpson, Roach, P. Sullivan, Quall, McDermott, Santos, Appleton, McCoy, Hunt, Kenney, Kagi and Blake)
Authorizing the use of enrollment cards issued by federally recognized Indian tribes.
The measure was read the second time.
MOTION
Senator Kohl-Welles moved that the following striking amendment by Senators Kohl-Welles and Parlette be adopted:
Strike everything after the enacting clause and insert the following:
Sec. 1. RCW 66.16.040 and 2004 c 61 s 1 are each amended to read as follows:
Except as otherwise provided by law, an employee in a state liquor store or agency may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.
Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age and bears his/her signature and photograph:
(1) Liquor control authority card of identification of any state or province of Canada.
(2) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.
(3) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an imbedded, digital signature in lieu of a visible signature.
(4) Passport.
(5) Merchant Marine identification card issued by the United States Coast Guard.
(6) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least ninety days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority shall give notice to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment card.
The board may adopt such regulations as it deems proper covering the cards of identification listed in this section.
No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash, except as allowed under RCW 66.16.041. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.
Sec. 2. RCW 70.155.090 and 1993 c 507 s 10 are each amended to read as follows:
(1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (a) Liquor control authority card of identification of a state or province of Canada; (b) driver's license, instruction permit, or identification card of a state or province of Canada; (c) "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; (d) United States military identification; (e) passport; (f) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least ninety days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority shall give notice to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment card; or (g) merchant marine identification card issued by the United States coast guard.
(2) It is a defense to a prosecution under RCW 26.28.080(((4))) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.
Renumber the sections consecutively and correct any internal references accordingly.
Senators Kohl-Welles and Parlette spoke in favor of adoption of the striking amendment.
MOTION
On motion of Senator Weinstein, Senator Haugen was excused.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kohl-Welles and Parlette to Substitute House Bill No. 1496.
The motion by Senator Kohl-Welles 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 2 of the title, after "tribes;" strike the remainder of the title and insert "amending RCW 66.16.040 and 70.155.090."
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1496, 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. 1496, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1496, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Haugen - 1
SUBSTITUTE HOUSE BILL NO. 1496, 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.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6014
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1652 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTIONS
Senator Keiser moved that the Senate recede from its position on Substitute House Bill No. 1652.
The President declared the question before the Senate to be motion by Senator Keiser that the Senate recede from its position on Substitute House Bill No. 1652.
The motion by Senator Keiser carried and the Senate receded from its position on Substitute House Bill No. 1652.
On motion of Senator Keiser, the rules were suspended and Substitute House Bill No. 1652 was returned to second reading for the purposes of amendment.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1652, by House Committee on Health Care (originally sponsored by Representatives Ericks, Appleton, Simpson, Kilmer, Eickmeyer, Woods, Lovick, Santos and Linville)
Authorizing fire protection districts to establish or participate in health clinic services.
The measure was read the second time.
MOTION
Senator Keiser moved that the following amendment by Senators Keiser and Deccio be adopted.
On page 2, after line 2, insert the following:
"NEW SECTION. Sec. 2. The department of health shall conduct a study to evaluate the merits of allowing fire protection districts to establish or participate in the provision of health clinic services.
(1) The study shall consider any relevant matters, including but not limited to: the scope of the services which might be provided, the interest among Washington's fire protection districts in providing these services, the need for having them do so, the impact on overall health expenditures of allowing health services to be provided this way, potential government liability, and patient health and safety issues.
(2) The secretary of health shall appoint an advisory group of affected parties, including local physicians and other health care providers, to assist in the study.
(3) The department shall report the results of the study and any recommendations to the legislature by September 1, 2006. At a minimum,
the recommendations shall include: (a) the criteria and process which should be used to evaluate requests by fire protection districts to establish or participate in the provision of health clinic services; and (b) any other statutory or administrative changes needed to address the concerns identified."
Senator Keiser 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 Keiser and Deccio on page 2, after line 2 to Substitute House Bill No. 1652.
The motion by Senator Keiser 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 "services;" strike "and" and on line 3, after "52.02.020" insert "; and creating a new section"
MOTION
On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1652, 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 Deccio 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. 1652, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1652, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
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, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Voting nay: Senator Mulliken - 1
SUBSTITUTE HOUSE BILL NO. 1652, 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, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5034, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"PART I - FINDINGS AND INTENT
NEW SECTION. Sec. 1. The legislature finds that:
(1) Timely disclosure to voters of the identity and sources of funding for electioneering communications is vitally important to the integrity of state, local, and judicial elections.
(2) Electioneering communications that identify political candidates for state, local, or judicial office and that are distributed sixty days before an election for those offices are intended to influence voters and the outcome of those elections.
(3) The state has a compelling interest in providing voters information about electioneering communications in political campaigns concerning candidates for state, local, or judicial office so that voters can be fully informed as to the: (a) Source of support or opposition to those candidates; and (b) identity of persons attempting to influence the outcome of state, local, and judicial candidate elections.
(4) Nondisclosure of financial information about advertising that masquerades as relating only to issues and not to candidate campaigns fosters corruption or the appearance of corruption. These consequences can be substantially avoided by full disclosure of the identity and funding of those persons paying for such advertising.
(5) The United States supreme court held in McConnell et al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003) that speakers seeking to influence elections do not possess an inviolable free speech right to engage in electioneering communications regarding elections, including when issue advocacy is the functional equivalent of express advocacy. Therefore, such election campaign communications can be regulated and the source of funding disclosed.
(6) The state also has a sufficiently compelling interest in preventing corruption in political campaigns to justify and restore contribution limits and restrictions on the use of soft money in RCW 42.17.640. Those interests include restoring restrictions on the use of such funds for electioneering communications, as well as the laws preventing circumvention of those limits and restrictions.
NEW SECTION. Sec. 2. Based upon the findings in section 1 of this act, this act is narrowly tailored to accomplish the following and is intended to:
(1) Improve the disclosure to voters of information concerning persons and entities seeking to influence state, local, and judicial campaigns through reasonable and effective mechanisms, including improving disclosure of the source, identity, and funding of electioneering communications concerning state, local, and judicial candidate campaigns;
(2) Regulate electioneering communications that mention state, local, and judicial candidates and that are broadcast, mailed, erected, distributed, or otherwise published right before the election so that the public knows who is paying for such communications;
(3) Reenact and amend the contribution limits in RCW 42.17.640 (6) and (14) and the restrictions on the use of soft money, including as applied to electioneering communications, as those limits and restrictions were in effect following the passage of chapter 2, Laws of 1993 (Initiative No. 134) and before the state supreme court decision in Washington State Republican Party v. Washington State Public Disclosure Commission, 141 Wn.2d 245, 4 P.3d 808 (2000). The commission is authorized to fully restore the implementation of the limits and restrictions of RCW 42.17.640 (6) and (14) in light of McConnell et al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003). The United States supreme court upheld the disclosure and regulation of electioneering communications in political campaigns, including but not limited to issue advocacy that is the functional equivalent of express advocacy;
(4) Authorize the commission to adopt rules to implement this act.
PART II - ELECTIONEERING COMMUNICATIONS
NEW SECTION. Sec. 3. (1) A payment for or promise to pay for any electioneering communication shall be reported to the commission by the sponsor on forms the commission shall develop by rule to include, at a minimum, the following information:
(a) Name and address of the sponsor;
(b) Source of funds for the communication, including:
(i) General treasury funds. The name and address of businesses, unions, groups, associations, or other organizations using general treasury funds for the communication, however, if a business, union, group, association, or other organization undertakes a special solicitation of its members or other persons for an electioneering communication, or it otherwise receives funds for an electioneering communication, that entity shall report pursuant to (b)(ii) of this subsection;
(ii) Special solicitations and other funds. The name, address, and, for individuals, occupation and employer, of a person whose funds were used to pay for the electioneering communication, along with the amount, if such funds from the person have exceeded two hundred fifty dollars in the aggregate for the electioneering communication; and
(iii) Any other source information required or exempted by the commission by rule;
(c) Name and address of the person to whom an electioneering communication related expenditure was made;
(d) A detailed description of each expenditure of more than one hundred dollars;
(e) The date the expenditure was made and the date the electioneering communication was first broadcast, transmitted, mailed, erected, distributed, or otherwise published;
(f) The amount of the expenditure;
(g) The name of each candidate clearly identified in the electioneering communication, the office being sought by each candidate, and the amount of the expenditure attributable to each candidate; and
(h) Any other information the commission may require or exempt by rule.
(2) Electioneering communications shall be reported as follows: The sponsor of an electioneering communication shall report to the commission within twenty-four hours of, or on the first working day after, the date the electioneering communication is broadcast, transmitted, mailed, erected, distributed, or otherwise published.
(3) Electioneering communications shall be reported electronically by the sponsor using software provided or approved by the commission. The commission may make exceptions on a case-by-case basis for a sponsor who lacks the technological ability to file reports using the electronic means provided or approved by the commission.
(4) All persons required to report under RCW 42.17.065, 42.17.080, 42.17.090, and 42.17.100 are subject to the requirements of this section, although the commission may determine by rule that persons filing according to those sections may be exempt from reporting some of the information otherwise required by this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100 and 42.17.103.
(5) Failure of any sponsor to report electronically under this section shall be a violation of this chapter.
NEW SECTION. Sec. 4. (1) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents is a contribution to the candidate.
(2) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a political committee or its agents is a contribution to the political committee.
(3) If an electioneering communication is not a contribution pursuant to subsection (1) or (2) of this section, the sponsor shall file an affidavit or declaration so stating at the time the sponsor is required to report the electioneering communication expense under section 3 of this act.
NEW SECTION. Sec. 5. (1) The sponsor of an electioneering communication shall preserve all financial records relating to the communication, including books of account, bills, receipts, contributor information, and ledgers, for not less than five calendar years following the year in which the communication was broadcast, transmitted, mailed, erected, or otherwise published.
(2) All reports filed under section 3 of this act shall be certified as correct by the sponsor. If the sponsor is an individual using his or her own funds to pay for the communication, the certification shall be signed by the individual. If the sponsor is a political committee, the certification shall be signed by the committee treasurer. If the sponsor is another entity, the certification shall be signed by the individual responsible for authorizing the expenditure on the entity's behalf.
PART III - AMENDMENTS TO AND REENACTMENT OF CURRENT LAWS
Sec. 6. RCW 42.17.020 and 2002 c 75 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(((2))) (3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
(((3))) (4) "Ballot proposition" means any "measure" as defined by RCW ((29.01.110)) 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
(((4))) (5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(((5))) (6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter ((29.24)) 29A.20 RCW;
(b) The governing body of the state organization of a major political party, as defined in RCW ((29.01.090)) 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
(((6))) (7) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(((7))) (8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(((8))) (9) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
(((9))) (10) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
(((10))) (11) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(((11))) (12) "Commission" means the agency established under RCW 42.17.350.
(((12))) (13) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(((13))) (14) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(((14))) (15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.
(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
(((15))) (16) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(((16))) (17) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(((17))) (18) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
(((18))) (19) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.
(((19))) (20) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
(a) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and
(c) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value of five thousand dollars or more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a candidate, even if the candidate is mentioned in the advertising when the candidate has been regularly mentioned in that advertising appearing at least twelve months preceding his or her becoming a candidate;
(b) Advertising for candidate debates or forums when the advertising is paid for by or on behalf of the debate or forum sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business is that news medium; and
(iii) Not a medium controlled by a candidate or a political committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar works (i) written by a candidate when the candidate entered into a contract for such publications or media at least twelve months before becoming a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(h) An expenditure by or contribution to the authorized committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.
(((20))) (23) "Final report" means the report described as a final report in RCW 42.17.080(2).
(((21))) (24) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.
(((22))) (25) "Gift," is as defined in RCW 42.52.010.
(((23))) (26) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.
(((24))) (27) "Incumbent" means a person who is in present possession of an elected office.
(28) "Independent expenditure" means an expenditure that has each of the following elements:
(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.
(((25))) (29)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
(((26))) (30) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
(((27))) (31) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
(((28))) (32) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.
(((29))) (33) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.
(((30))) (34) "Participate" means that, with respect to a particular election, an entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering communication in support of or opposition to a candidate;
(c) Endorses a candidate prior to contributions being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be supported or opposed prior to a contribution being made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a subsidiary corporation or local unit on matters relating to the support of or opposition to a candidate, including, but not limited to, the amount of a contribution, when a contribution should be given, and what assistance, services or independent expenditures, or electioneering communications, if any, will be made or should be made in support of or opposition to a candidate.
(35) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.
(((31))) (36) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.
(((32))) (37) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in any election campaign.
(((33))) (38) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
(((34))) (39) "Primary" for the purposes of RCW 42.17.640 means the procedure for nominating a candidate to state office under chapter ((29.18 or 29.21)) 29A.52 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter ((29.18 or 29.21)) 29A.52 RCW.
(((35))) (40) "Public office" means any federal, state, judicial, county, city, town, school district, port district, special district, or other state political subdivision elective office.
(((36))) (41) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
(((37))) (42) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW ((29.82.015)) 29A.56.120 and ending thirty days after the recall election.
(((38))) (43) "Sponsor of an electioneering communications, independent expenditures, or political advertising" means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.
(44) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.
(((39))) (45) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
(((40))) (46) "State official" means a person who holds a state office.
(((41))) (47) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.
(((42))) (48) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.
Sec. 7. RCW 42.17.103 and 2001 c 54 s 1 are each amended to read as follows:
(1) The sponsor of political advertising who, within twenty-one days of an election, publishes, mails, or otherwise presents to the public political advertising supporting or opposing a candidate or ballot proposition that qualifies as an independent expenditure with a fair market value of one thousand dollars or more shall deliver, either electronically or in written form, a special report to the commission within twenty-four hours of, or on the first working day after, the date the political advertising is first published, mailed, or otherwise presented to the public.
(2) If a sponsor is required to file a special report under this section, the sponsor shall also deliver to the commission within the delivery period established in subsection (1) of this section a special report for each subsequent independent expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent expenditure, supporting or opposing that candidate's opponent, or supporting or opposing the same ballot proposition that was the subject of the previous independent expenditure.
(3) The special report must include at least:
(a) The name and address of the person making the expenditure;
(b) The name and address of the person to whom the expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by the expenditure, the office being sought by the candidate, and whether the expenditure supports or opposes the candidate; or the name of the ballot proposition supported or opposed by the expenditure and whether the expenditure supports or opposes the ballot proposition; and
(g) Any other information the commission may require by rule.
(4) All persons required to report under RCW 42.17.065, 42.17.080, 42.17.090, ((and)) 42.17.100, and section 3 of this act are subject to the requirements of this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100.
(5) The sponsor of independent expenditures supporting a candidate or opposing that candidate's opponent required to report under this section shall file with each required report an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of, the candidate, the candidate's authorized committee, or the candidate's agent, or with the encouragement or approval of the candidate, the candidate's authorized committee, or the candidate's agent.
Sec. 8. RCW 42.17.110 and 1975-'76 2nd ex.s. c 112 s 5 are each amended to read as follows:
(1) Each commercial advertiser who has accepted or provided political advertising or electioneering communications during the election campaign shall maintain open for public inspection during the campaign and for a period of no less than three years after the date of the applicable election, during normal business hours, documents and books of account which shall specify:
(a) The names and addresses of persons from whom it accepted political advertising or electioneering communications;
(b) The exact nature and extent of the ((advertising)) services rendered; and
(c) The consideration and the manner of paying that consideration for such services.
(2) Each commercial advertiser which must comply with subsection (1) of this section shall deliver to the commission, upon its request, copies of such information as must be maintained open for public inspection pursuant to subsection (1) of this section.
Sec. 9. RCW 42.17.510 and 1995 c 397 s 19 are each amended to read as follows:
(1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name. The use of an assumed name for the sponsor of electioneering communications, independent expenditures, or political advertising shall be unlawful. ((The party with which a candidate files)) For partisan office, if a candidate has expressed a party or independent preference on the declaration of candidacy, that party or independent designation shall be clearly identified in electioneering communications, independent expenditures, or political advertising ((for partisan office)).
(2) In addition to the materials required by subsection (1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising undertaken as an independent expenditure by a person or entity other than a party organization, and all electioneering communications, must include the following statement ((on)) as part of the communication "NOTICE TO VOTERS (Required by law): This advertisement is not authorized or approved by any candidate. It is paid for by (name, address, city, state)." If the advertisement undertaken as an independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors," followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement or communication.
(3) The statements and listings of contributors required by subsections (1) and (2) of this section shall:
(a) Appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in type at least ten percent of the largest size type used in a written advertisement or communication directed at more than one voter, such as a billboard or poster, whichever is larger;
(b) Not be subject to the half-tone or screening process; and
(c) Be set apart from any other printed matter((; and
(d) Be clearly spoken on any broadcast advertisement)).
(4) In an independent expenditure or electioneering communication transmitted via television or other medium that includes a visual image, the following statement must either be clearly spoken, or appear in print and be visible for at least four seconds, appear in letters greater than four percent of the visual screen height, and have a reasonable color contrast with the background: "No candidate authorized this ad. Paid for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
(5) The following statement shall be clearly spoken in an independent expenditure or electioneering communication transmitted by a method that does not include a visual image: "No candidate authorized this ad. Paid for by (name, city, state)." If the independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following statement must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
(6) Political yard signs are exempt from the requirement of subsections (1) and (2) of this section that the name and address of the sponsor of political advertising be listed on the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of political advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising where identification is impractical.
(((5))) (7) For the purposes of this section, "yard sign" means any outdoor sign with dimensions no greater than eight feet by four feet.
Sec. 10. RCW 42.17.530 and 1999 c 304 s 2 are each amended to read as follows:
(1) It is a violation of this chapter for a person to sponsor with actual malice:
(a) Political advertising or an electioneering communication that contains a false statement of material fact about a candidate for public office. However, this subsection (1)(a) does not apply to statements made by a candidate or the candidate's agent about the candidate himself or herself;
(b) Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent;
(c) Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement.
(2) Any violation of this section shall be proven by clear and convincing evidence.
Sec. 11. RCW 42.17.640 and 2001 c 208 s 1 are each reenacted and amended to read as follows:
(1) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a state legislative office that in the aggregate exceed ((five)) seven hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand four hundred dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.
(2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed ((five)) seven hundred dollars if for a state legislative office or one thousand four hundred dollars if for a state office other than a state legislative office.
(3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) ((fifty)) seventy cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.
(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus political committee may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) ((fifty)) seventy cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(5) For purposes of determining contribution limits under subsections (3) and (4) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.
(6) Notwithstanding subsections (1) through (4) of this section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed ((five)) seven hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed ((two)) three thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.
(7) For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.
(8) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.
(9) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.
(10) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
(11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.
(12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the state official.
(13) No person may accept contributions that exceed the contribution limitations provided in this section.
(14) The following contributions are exempt from the contribution limits of this section:
(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
(b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.
Sec. 12. RCW 42.17.660 and 1993 c 2 s 6 are each amended to read as follows:
For purposes of this chapter:
(1) A contribution by a political committee with funds that have all been contributed by one person who exercises exclusive control over the distribution of the funds of the political committee is a contribution by the controlling person.
(2) Two or more entities are treated as a single entity if one of the two or more entities is a subsidiary, branch, or department of a corporation that is participating in an election campaign or making contributions, or a local unit((,)) or branch((, or affiliate)) of a trade association, labor union, or collective bargaining association that is participating in an election campaign or making contributions. All contributions made by a person or political committee whose contribution or expenditure activity is financed, maintained, or controlled by a trade association, labor union, collective bargaining organization, or the local unit of a trade association, labor union, or collective bargaining organization are considered made by the ((same person or entity)) trade association, labor union, collective bargaining organization, or local unit of a trade association, labor union, or collective bargaining organization.
(3) The commission shall adopt rules to carry out this section and is not subject to the time restrictions of RCW 42.17.370(1).
PART IV - TECHNICAL PROVISIONS
NEW SECTION. Sec. 13. RCW 42.17.505 (Definitions) and 1988 c 199 s 1 are each repealed.
NEW SECTION. Sec. 14. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 15. (1) Sections 1 through 5 of this act are each added to chapter 42.17 RCW to be codified with the subchapter heading of "Reporting of Electioneering Communications."
(2) The code reviser must change the subchapter heading "Political Advertising" to "Political Advertising and Electioneering Communications" in chapter 42.17 RCW.
NEW SECTION. Sec. 16. 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. 17. Sections 6 and 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005. The remainder of this act takes effect January 1, 2006."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kastama moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5034.
The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5034.
POINT OF ORDER
Senator Benton: “As it passed the Senate, Engrossed Substitute Senate Bill No. 5034 focused solely on electioneering communications. It defined electioneering communications and required twenty-four hour reporting of independent expenditures of over five thousand dollars within sixty days of an election and independent expenditures or electioneering communications transmitted through TV or other media to contain information regarding who paid for the advertisement. The House amendment adds provisions that have no connection to electioneering communications. None what so ever. Instead, it addresses a recent Supreme Court decision holding that, even if it a corporation or a union has multiple divisions, they share a single contribution limit. The amendment attempts to overturn the decision of the Court by allowing each union or corporation and their local affiliates to operate under separate contribution limits in most circumstances. The amendment also provides an emergency clause for these new provisions. The amendment does not deal with reporting of contributions of any kind, much less reporting of electioneering communications which is, in fact, the subject of the underline bill. For these reasons I submit that the House amendment is beyond the scope and object of the underline bill and ask you to rule as such.”
Senator Kastama spoke against the point of order.
MOTION
On motion of Senator Eide, further consideration of Engrossed Substitute Senate Bill No. 5034 was deferred and the bill held its place on the concurrence calendar.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2156 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTIONS
Senator Hargrove moved that the Senate recede from its position on House Bill No. 2156.
The President declared the question before the Senate to be motion by Senator Hargrove that the Senate recede from its position on House Bill No. 2156.
The motion by Senator Hargrove carried and the Senate receded from its position on House Bill No. 2156.
On motion of Senator Hargrove, the rules were suspended and House Bill No. 2156 was returned to second reading for the purposes of amendment.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2156, by Representatives Hinkle, Kagi, Nixon, Pettigrew, McDonald, Dickerson, Pearson, Springer, Rodne and Williams
Regarding dependency and termination of parental rights.
The measure was read the second time.
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) A joint task force on child safety for children in child protective services or child welfare services is established. The joint task force shall consist of the following members:
(a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(c) A representative from the Washington council for prevention of child abuse and neglect;
(d) One representative from each of the four most recent child fatality review committees;
(e) The secretary of the department of social and health services or the secretary's designee;
(f) The executive director of the office of public defense or the executive director's designee;
(g) The director of the office of family and children's ombudsman or the director's designee;
(h) A representative of the Washington association of sheriffs and police chiefs;
(i) The secretary of the department of health or the secretary's designee;
(j) A representative of the office of attorney general;
(k) A representative of the superior court judges association;
(l) One representative each from social workers for child protective services and social workers for child welfare services, appointed by the secretary of the department of social and health services; and
(m) The following members, jointly appointed by the speaker of the house of representatives and the president of the senate:
(i) A representative from a statewide foster parents association and a foster parent not affiliated with the statewide foster parents association;
(ii) A representative from a statewide birth parent organization or a birth parent who has been involved in the child welfare system;
(iii) Two representatives of Washington state Indian tribes as defined under the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.); and
(iv) One representative each from two different organizations that primarily provide services to children and families involved with the child welfare system.
(2) Two of the legislative members shall serve as cochairs of the task force.
(3) The task force shall review and make recommendations to the legislature and the governor on improving the health, safety, and welfare of Washington children in child protective services or child welfare services. In preparing the recommendations, the committee shall, at a minimum, review the following issues:
(a) State and federal statutes regarding child safety, placement, removal from the home, termination of parental rights, and reunification with parents;
(b) Current and ongoing department of social and health services work groups or work plans regarding child safety, placement, removal from the home, termination of parental rights, and reunification with parents;
(c) The purpose and value of child protection teams and determine whether any changes should be made;
(d) Best practices regarding children removed from parents at birth and placed in out-of-home care, transition services for families with children in out-of-home placement for an extended period of time, and standards for return to home placement when a child has been placed out-of-home including situations where a child has been placed out-of-home and returned to home multiple times;
(e) The training that is offered to social workers regarding child development and determine whether any changes should be made;
(f) Best practices regarding sharing of accurate, complete, and relevant medical, mental health, and substance abuse information between case workers, supervisors, the courts, child protection teams, counsel, guardians, parents, and other relevant participants in child placement decisions;
(g) Best practices for assessing and addressing chemical dependency issues of parents;
(h) The effectiveness of current home-based service providers currently used and determine whether any changes should be made;
(i) Best practices addressing family cultural and tribal issues and the role, if any, of social worker training or bias in safety assessment and placement decisions; and
(j) Other issues deemed relevant to improving child safety outcomes.
(4) The task force, where feasible, may consult with individuals from the public and private sector.
(5) The task force shall use legislative facilities and staff from senate committee services and the house office of program research.
(6) The task force shall report its preliminary findings and recommendations to the legislature by December 31, 2005, and a final report on its findings and recommendations by September 1, 2006.
NEW SECTION. Sec. 2. This act expires October 1, 2006.
NEW SECTION. Sec. 3. 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.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to House Bill No. 2156.
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 "rights;" strike the remainder of the title and insert "creating a new section; providing an expiration date; and declaring an emergency."
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2156, 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. 2156, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2156, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
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, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Absent: Senator McAuliffe - 1
SUBSTITUTE HOUSE BILL NO. 2156, 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, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2169 and asks the Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTIONS
Senator Hargrove moved that the Senate recede from its position on Substitute House Bill No. 2169.
The President declared the question before the Senate to be motion by Senator Hargrove that the Senate recede from its position on Substitute House Bill No. 2169.
The motion by Senator Hargrove carried and the Senate receded from its position on Substitute House Bill No. 2169.
On motion of Senator Hargrove, the rules were suspended and Substitute House Bill No. 2169 was returned to second reading for the purpose of amendment.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2169, by House Committee on Children & Family Services (originally sponsored by Representatives Walsh, Grant, Buri, Cox and Haler)
Authorizing specified counties to regulate day care. Revised for 1st Substitute: Creating a pilot project authorizing small counties to regulate day care.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove, Schoesler and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) Notwithstanding RCW 74.15.030, counties with a population of three thousand or less may adopt and enforce ordinances and regulations as provided in this act for family day-care providers as defined in RCW 74.15.020(1)(f) as a twelve-month pilot project. Before a county may regulate family day-care providers in accordance with this act, it shall adopt ordinances and regulations that address, at a minimum, the following: (a) The size, safety, cleanliness, and general adequacy of the premises; (b) the plan of operation; (c) the character, suitability, and competence of a family day-care provider and other persons associated with a family day-care provider directly responsible for the care of children served; (d) the number of qualified persons required to render care; (e) the provision of necessary care, including food, clothing, supervision, and discipline; (f) the physical, mental, and social well-being of children served; (g) educational and recreational opportunities for children served; and (h) the maintenance of records pertaining to children served.
(2) The county shall notify the department of social and health services in writing sixty days prior to adoption of the family day-care regulations required pursuant to this act. The transfer of jurisdiction shall occur when the county has notified the department in writing of the effective date of the regulations, and shall be limited to a period of twelve months from the effective date of the regulations. Regulation by counties of family day-care providers as provided in this act shall be administered and enforced by those counties. The department shall not regulate these activities nor shall the department bear any civil liability under chapter 74.15 RCW for the twelve-month pilot period. Upon request, the department shall provide technical assistance to any county that is in the process of adopting the regulations required by this act, and after the regulations become effective.
(3) Any county regulating family day-care providers pursuant to this act shall report to the governor and the appropriate committees of the legislature concerning the outcome of the pilot project upon expiration of the twelve-month pilot period. The report shall include the ordinances and regulations adopted pursuant to subsection (1) of this section and a description of how those ordinances and regulations address the specific areas of regulation identified in subsection (1) of this section.
NEW SECTION. Sec. 2. 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 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, Schoesler and Stevens to Substitute House Bill No. 2169.
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 "care;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."
MOTION
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2169 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 Stevens and Schoesler 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. 2169, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2169, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 47
Voting nay: Senator Thibaudeau - 1
Absent: Senator Haugen - 1
SUBSTITUTE HOUSE BILL NO. 2169,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, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2171 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kastama moved that the Senate recede from its position on Engrossed Substitute House Bill No. 2171.
Senator Mulliken spoke against the motion.
Senator Kastama spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Kastama that the Senate recede from its position on Engrossed Substitute House Bill No. 2171.
MOTION
A division was demanded.
The motion by Senator Kastama carried and the Senate receded from its position on Engrossed Substitute House Bill No. 2171 by a rising vote.
MOTION
Senator Kastama moved that the rules be suspended and House Bill No. 2171 be returned to second reading for the purpose of amendment.
Senator Mulliken spoke against the motion.
The President declared the question before the Senate to be the motion by Senator Kastama that the rules be suspended and that House Bill No. 2171 be returned to second reading for the purposes of an amendment.
The motion by Senator Kastama carried and the bill was returned to second reading.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2171, by House Committee on Local Government (originally sponsored by Representatives Springer, Simpson, Takko, Ericks and Clibborn)
Allowing counties and cities one additional year to comply with the requirements of RCW 36.70A.130. Revised for 1st Substitute: Allowing counties and cities one additional year to comply with the requirements of RCW 36.70A.130. (REVISED FOR ENGROSSED: Allowing counties and cities one additional year to comply with certain specified requirements of RCW 36.70A.130.)
The measure was read the second time.
MOTION
Senator Kastama moved that the following striking amendment by Senators Kastama and Berkey be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes the importance of appropriate and meaningful land use measures and that such measures are critical to preserving and fostering the quality of life enjoyed by Washingtonians. The legislature recognizes also that the growth management act requires counties and cities to review and, if needed, revise their comprehensive plans and development regulations on a cyclical basis. These requirements, which often require significant compliance efforts by local governments are, in part, an acknowledgment of the continual changes that occur within the state, and the need to ensure that land use measures reflect the collective wishes of its citizenry.
The legislature acknowledges that only those jurisdictions in compliance with the review and revision schedules of the growth management act are eligible to receive funds from the public works assistance and water quality accounts in the state treasury. The legislature further recognizes that some jurisdictions that are not yet in compliance with these review and revision schedules have demonstrated substantial progress towards compliance.
The legislature, therefore, intends to grant jurisdictions that are not in compliance with requirements for development regulations that protect critical areas, but are demonstrating substantial progress towards compliance with these requirements, twelve months of additional eligibility to receive grants, loans, pledges, or financial guarantees from the public works assistance and water quality accounts in the state treasury. The legislature intends to specify, however, that only counties and cities in compliance with the review and revision schedules of the growth management act may receive preference for financial assistance from these accounts.
Sec. 2. RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read as follows:
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.
(b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons ((therefore)) therefor.
(c) The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.
(((b))) (d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsection (8) of this section. Amendments may be considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and
(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. Except as provided in subsection (8) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section ((shall have the requisite authority to)) and those counties and cities demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is deemed to be making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section ((shall)) may receive preference for grants or loans subject to the provisions of RCW 43.17.250.
(8)(a) Counties and cities required to satisfy the requirements of this section according to the schedule established by subsection (4)(b) through (d) of this section may comply with the requirements of this section for development regulations that protect critical areas one year after the dates established in subsection (4)(b) through (d) of this section.
(b) Counties and cities complying with the requirements of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance with the requirements of this section.
(c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.
(9) Notwithstanding subsection (8) of this section and the substantial progress provisions of subsections (7) and (10) of this section, only those counties and cities complying with the schedule in subsection (4) of this section may receive preferences for grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030.
(10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress towards compliance with the schedules in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for its comprehensive land use plan and development regulations is deemed to be making substantial progress towards compliance.
NEW SECTION. Sec. 3. 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 Kastama spoke in favor of adoption of the striking amendment.
Senator Mulliken 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 Kastama and Berkey to Engrossed Substitute House Bill No. 2171.
The motion by Senator Kastama 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 2 of the title, after "36.70A.130;" strike the remainder of the title and insert "amending RCW 36.70A.130; creating new sections; and declaring an emergency."
MOTION
On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 2171, 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 Engrossed Substitute House Bill No. 2171, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2171, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 39
Voting nay: Senators Deccio, Delvin, Finkbeiner, Hewitt, Honeyford, Morton, Mulliken, Parlette, Schoesler and Swecker - 10
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2171, 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, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House concurred in the Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1290,
ENGROSSED SUBSTITUTE SENATE BILL NO. 1314,
SUBSTITUTE HOUSE BILL NO. 1379,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 1418,
and the same are herewith transmitted.
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE HOUSE BILL NO. 2289,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1938,
SUBSTITUTE HOUSE BILL NO. 2073,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2163,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
At 5:39 p.m., on motion of Senator Eide, the Senate was recessed until 7:30 pm.
EVENING SESSION
The Senate was called to order at 7:30 p.m. by President Owen.
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House receded from its amendment{s} to SUBSTITUTE SENATE BILL NO. 5708 and passed the bill without the House amendment{s}.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House receded from its amendment{s} to ENGROSSED SUBSTITUTE SENATE BILL NO. 5719 and passed the bill without the House amendment{s}.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 19, 2005
MR. PRESIDENT:
The House receded from its amendment{s} to ENGROSSED SUBSTITUTE SENATE BILL NO. 5308 and passed the bill without the House amendment{s}.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5914, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are each reenacted and amended to read as follows:
(1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;
(iii) Will benefit listed species and other fish species; and
(iv) Will preserve high quality salmonid habitat.
(b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding; and
(iii) Will be implemented by a sponsor with a successful record of project implementation.
(3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding.
(4) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.
(5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 77.85.060, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.
(6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.
(7) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.
(8) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.
(9) ((The board may condition a grant or loan to include the requirement that property may only be transferred to a federal agency if the agency that will acquire the property agrees to comply with all terms of the grant or loan to which the project sponsor was obligated.)) Property acquired or improved by a project sponsor may be conveyed to a federal agency((, but only)) if: (a) The agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated; or (b) the board approves: (i) Changes in the terms of the grant or loan, and the revision or removal of binding deed of right instruments; and (ii) a memorandum of understanding or similar document ensuring that the facility or property will retain, to the extent feasible, adequate habitat protections; and (c) the appropriate legislative authority of the county or city with jurisdiction over the project area approves the transfer and provides notification to the board."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5914.
Senators Jacobsen and Parlette spoke in favor of the motion.
MOTIONS
On motion of Senator Mulliken, Senators Morton, Roach, Kastama, Hewitt, Pflug, Oke, Carrell, Delvin, McCaslin and Schoesler were excused.
On motion of Senator Regala, Senator Brown was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5914.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5914.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5914, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5914, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 4; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Fairley, Finkbeiner, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Absent: Senators Doumit, Franklin, Prentice and Rasmussen - 4
Excused: Senators Brown, Delvin, Morton, Oke and Schoesler - 5
SUBSTITUTE SENATE BILL NO. 5914, 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.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5454, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 2.56 RCW to read as follows:
(1) The trial court improvement account is created in the custody of the state treasurer. Expenditures from the account may be made only to fund improvements to trial courts, including but not limited to improvements in trial court staffing, programs, facilities, and services. Revenues to the account consist of amounts appropriated by the legislature from the judicial improvement subaccount of the public safety and education account pursuant to section 3(2) of this act. Only the administrator for the courts may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) The administrator for the courts shall establish criteria by which applications for funds shall be submitted, approved, and funded. The criteria shall, at a minimum, include requirements for applicants to demonstrate the need for funding.
Sec. 2. RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;
(10) Administer programs and standards for the training and education of judicial personnel;
(11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
(12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme court of this state;
(14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;
(15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;
(17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide;
(18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with RCW 2.56.180.
(20) Administer funds in the trial court improvement account and make grants from the account under section 1 of this act.
Sec. 3. RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each amended to read as follows:
(1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, 2005, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council and community public health and safety networks, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.
(2) The judicial improvement subaccount is created as a subaccount of the public safety and education account. The money received by the state treasurer from the increase in fees imposed by sections 4, 5, 7, 8, 9, 12, and 14 of this act shall be deposited in the judicial improvement subaccount and shall be appropriated only for: (a) criminal indigent defense in the trial courts; (b) representation of parents in dependency and termination proceedings initiated by the state; (c) civil legal representation of indigent persons; and (d) deposit in the trial court improvement account under section 1 of this act.
Sec. 4. RCW 3.62.060 and 2003 c 222 s 15 are each amended to read as follows:
Clerks of the district courts shall collect the following fees for their official services:
(1) In any civil action commenced before or transferred to a district court, the plaintiff shall, at the time of such commencement or transfer, pay to such court a filing fee of ((thirty-one)) forty-three dollars plus any surcharge authorized by RCW 7.75.035. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of forty-three dollars plus any surcharge authorized by RCW 7.75.035. No party shall be compelled to pay to the court any other fees or charges up to and including the rendition of judgment in the action other than those listed.
(2) For issuing a writ of garnishment or other writ, or for filing an attorney issued writ of garnishment, a fee of ((six)) twelve dollars.
(3) For filing a supplemental proceeding a fee of ((twelve)) twenty dollars.
(4) For demanding a jury in a civil case a fee of ((fifty)) one hundred twenty-five dollars to be paid by the person demanding a jury.
(5) For preparing a transcript of a judgment a fee of ((six)) twenty dollars.
(6) For certifying any document on file or of record in the clerk's office a fee of five dollars.
(7) For preparing the record of a case for appeal to superior court a fee of forty dollars including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).
(8) For duplication of part or all of the electronic ((tape or tapes)) recording of a proceeding ten dollars per tape or other electronic storage medium.
The fees or charges imposed under this section shall be allowed as court costs whenever a judgment for costs is awarded.
NEW SECTION. Sec. 5. A new section is added to chapter 3.62 RCW to read as follows:
Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of forty-three dollars. This fee shall be subject to division with the state under RCW 3.46.120(2), 3.50.100(2), 3.62.020(2), 3.62.040(2), and 35.20.220(2).
Sec. 6. RCW 4.12.090 and 1969 ex.s. c 144 s 1 are each amended to read as follows:
(1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the court to which it is transferred and charge a fee as provided in RCW 36.18.016. The costs and fees thereof and of filing the papers anew must be paid by the party at whose instance the order was made, except in the cases mentioned in RCW 4.12.030(1), in which case the plaintiff shall pay costs of transfer and, in addition thereto, if the court finds that the plaintiff could have determined the county of proper venue with reasonable diligence, it shall order the plaintiff to pay the reasonable attorney's fee of the defendant for the changing of venue to the proper county. The court to which an action or proceeding is transferred has and exercises over the same the like jurisdiction as if it had been originally commenced therein.
(2) In acting on any motion for dismissal without prejudice in a case where a motion for change of venue under subsection (1) of this section has been made, the court shall, if it determines the motion for change of venue proper, determine the amount of attorney's fee properly to be awarded to defendant and, if the action be dismissed, the attorney's fee shall be a setoff against any claim subsequently brought on the same cause of action.
Sec. 7. RCW 10.46.190 and 1977 ex.s. c 248 s 1 are each amended to read as follows:
Every person convicted of a crime or held to bail to keep the peace shall be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions((, and when tried by a jury before a committing magistrate, twenty-five dollars for jury fee,)) for which judgment shall be rendered and ((collection had as in cases of fines)) collected. The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk((, to be by him)) and applied as the jury fee in civil cases is applied.
Sec. 8. RCW 12.12.030 and 1981 c 260 s 3 are each amended to read as follows:
After the appearance of the defendant, and before the ((justice)) judge shall proceed to enquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county, unless the parties shall agree upon a lesser number: PROVIDED, That the party demanding the jury shall first pay to the ((justice)) clerk of the court the sum of one hundred twenty-five dollars, which shall be paid over by the ((justice)) clerk of the court to the county, and ((said)) such amount shall be taxed as costs against the losing party.
Sec. 9. RCW 12.40.020 and 1990 c 172 s 3 are each amended to read as follows:
A small claims action shall be commenced by the plaintiff filing a claim, in the form prescribed by RCW 12.40.050, in the small claims department. A filing fee of ((ten)) fourteen dollars plus any surcharge authorized by RCW 7.75.035 shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such action shall pay to the court a filing fee of fourteen dollars plus any surcharge authorized by RCW 7.75.035.
Sec. 10. RCW 26.12.240 and 1993 c 435 s 2 are each amended to read as follows:
A county may create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to ((ten)) twenty dollars on only those superior court cases filed under Title 26 RCW, or both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.
Sec. 11. RCW 27.24.070 and 1992 c 54 s 6 are each amended to read as follows:
In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to ((twelve)) seventeen dollars for every new probate or civil filing fee, including appeals and for every fee for filing a counterclaim, cross- claim, or third-party claim in any civil action, collected by the clerk of the superior court and ((six)) seven dollars for every fee collected for the commencement of a civil action and for the filing of a counterclaim, cross-claim, or third-party claim in any civil action in district court for the support of the law library in that county or the regional law library to which the county belongs: PROVIDED, That upon a showing of need the ((twelve)) seventeen dollar contribution may be increased up to ((fifteen)) twenty dollars or in counties with multiple library sites up to thirty dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies.
Sec. 12. RCW 36.18.012 and 2001 c 146 s 1 are each amended to read as follows:
(1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.
(2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of ((fifteen)) twenty dollars.
(3) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law.
(4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action ((eighty)) one hundred twelve dollars.
(5) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.
(6) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.
(7) A fee of ((two)) twenty dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220, if it is filed within an existing case in the same court.
(8) A fee of thirty-five dollars must be charged for filing a petition regarding a common law lien under RCW 60.70.060.
(9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.
(10) For the filing of a tax warrant for unpaid taxes or overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for the filing of such a tax warrant or overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of which forty-six percent of the first five dollars is directed to the public safety and education account established under RCW 43.08.250.
Sec. 13. 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) 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)) thirty-six dollars must be paid.
(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)) one hundred twenty-five dollars for a jury of six, or ((one)) two hundred fifty dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.
(4) For preparing((, transcribing, or certifying)) a certified copy of 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)) five 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)) two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of fifty cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc 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 filing a supplemental proceeding, a fee of twenty dollars must be charged.
(8) 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))) (9) 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))) (10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(((10))) (11) 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))) (12) 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 or other electronic storage medium.
(((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)) twenty dollars must be charged.
(((15))) (14) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of ((one)) two hundred ((ten)) dollars must be charged.
(((16))) (15) A facilitator surcharge of ((ten)) up to twenty dollars must be charged as authorized under RCW 26.12.240.
(((17))) (16) For filing a water rights statement under RCW 90.03.180, a fee of twenty-five dollars must be charged.
(((18))) (17) For filing a claim of frivolous lien under RCW 60.04.081, a fee of thirty-five dollars must be charged.
(18) For preparation of a change of venue, a fee of twenty dollars must be charged by the originating court in addition to the per page charges in subsection (4) of this section.
(19) 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))) (20) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(((20))) (21) 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))) (22) Investment service charge and earnings under RCW 36.48.090 must be charged.
(((22))) (23) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
(((23))) (24) 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))) (25) 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.
(26) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be charged.
The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state's share of benefits paid to the superior court judges of the state prior to the effective date of this section, and no claim shall lie against the state for such benefits.
Sec. 14. 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) 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, and any party filing a counterclaim, cross-claim, or third-party claim in any such civil action, shall pay, at the time the paper is filed, a fee of ((one)) two 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)) forty-five 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)) forty-five 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)) two hundred ((ten)) dollars.
(c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of ((one)) two hundred ((ten)) dollars.
(d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of ((forty-one)) fifty-three 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)) two 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)) two 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)) two 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)) two 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."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kline moved that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454 and ask the House to recede therefrom.
Senators Kline and Jacobsen spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Kline that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454 and ask the House to recede therefrom.
The motion by Senator Kline carried and the Senate refused to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5454 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1539 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTIONS
Senator Poulsen moved that the Senate recede from its position on Engrossed Substitute House Bill No. 1539.
The President declared the question before the Senate to be motion by Senator Poulsen that the Senate recede from its position on Engrossed Substitute House Bill No. 1539.
The motion by Senator Poulsen carried and the Senate receded from its position on Engrossed Substitute House Bill No. 1539.
On motion of Senator Poulsen, the rules were suspended and Engrossed Substitute House Bill No. 1539 was returned to second reading for the purposes of amendment.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1539, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Linville, Roach, Morris, DeBolt, Ericksen, Williams and Upthegrove)
Making it a crime to excavate without notification near a transmission pipeline.
The measure was read the second time.
MOTION
Senator Poulsen moved that the following striking amendment by Senator Poulsen be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.122.020 and 2000 c 191 s 15 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Business day" means any day other than Saturday, Sunday, or a legal local, state, or federal holiday.
(2) "Damage" includes the substantial weakening of structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected utility owner determines that repairs are required.
(3) "Emergency" means any condition constituting a clear and present danger to life or property, or a customer service outage.
(4) "Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.
(5) "Excavation confirmation code" means a code or ticket issued by the one-number locator service for the site where an excavation is planned. The code must be accompanied by the date and time it was issued.
(6) "Excavator" means any person who engages directly in excavation.
(((6))) (7) "Gas" means natural gas, flammable gas, or toxic or corrosive gas.
(((7))) (8) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b) carbon dioxide. The utilities and transportation commission may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation.
(((8))) (9) "Identified facility" means any underground facility which is indicated in the project plans as being located within the area of proposed excavation.
(((9))) (10) "Identified but unlocatable underground facility" means an underground facility which has been identified but cannot be located with reasonable accuracy.
(((10))) (11) "Locatable underground facility" means an underground facility which can be field-marked with reasonable accuracy.
(((11))) (12) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.
(((12))) (13) "Notice" or "notify" means contact in person or by telephone or other electronic methods that results in the receipt of a valid excavation confirmation code.
(14) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.
(15) "Operator" means the individual conducting the excavation.
(16) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
(((13))) (17) "Pipeline" or "pipeline system" means all or parts of a pipeline facility through which hazardous liquid or gas moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines as defined in RCW 81.88.010.
(((14))) (18) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas. A pipeline company does not include: (a) Distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail; or (b) excavation contractors or other contractors that contract with a pipeline company.
(((15))) (19) "Reasonable accuracy" means location within twenty-four inches of the outside dimensions of both sides of an underground facility.
(((16))) (20) "Transmission pipeline" means a pipeline that transports hazardous liquid or gas within a storage field, or transports hazardous liquid or gas from an interstate pipeline or storage facility to a distribution main or a large volume hazardous liquid or gas user, or operates at a hoop stress of twenty percent or more of the specified minimum yield strength.
(21) "Underground facility" means any item buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This definition does not include pipelines as defined in subsection (((13))) (17) of this section, but does include distribution systems owned and operated under franchise for the sale, delivery, or distribution of natural gas at retail.
(((17) "One-number locator service" means a service through which a person can notify utilities and request field-marking of underground facilities.))
Sec. 2. RCW 19.122.027 and 2000 c 191 s 16 are each amended to read as follows:
(1) ((By December 31, 2000,)) The utilities and transportation commission shall cause to be established a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service.
(2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for one-number locator services ((consistent with the recommendations of the governor's fuel accident prevention and response team issued in December 1999. By December 31, 2000, the commission shall provide its recommendations to the appropriate standing committees of the house of representatives and the senate)).
(3) One-number locator services shall be operated by nongovernmental agencies.
Sec. 3. RCW 19.122.055 and 2001 c 238 s 5 are each amended to read as follows:
(1)(a) Any ((person)) excavator who fails to notify the one-number locator service and causes damage to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.
(b) The civil penalty in this subsection may also be imposed on any excavator who violates section 5 of this act.
(2) All civil penalties recovered under this section shall be deposited into the pipeline safety account created in RCW 81.88.050.
Sec. 4. RCW 19.122.070 and 1984 c 144 s 7 are each amended to read as follows:
(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055, and which violation results in damage to underground facilities, is subject to a civil penalty of not more than one thousand dollars for each violation. All penalties recovered in such actions shall be deposited in the general fund.
(2) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known underground facility owners or the one-number locator service, any damage to the underground facility shall be deemed willful and malicious and shall be subject to treble damages for costs incurred in repairing or relocating the facility.
(3) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.
NEW SECTION. Sec. 5. A new section is added to chapter 19.122 RCW to read as follows:
Any excavator who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor.
NEW SECTION. Sec. 6. A new section is added to chapter 19.122 RCW to read as follows:
If charged with a violation of section 5 of this act, an operator will be deemed to have established an affirmative defense to such charges if:
(1) The operator was provided a valid excavation confirmation code;
(2) The excavation was performed in an emergency situation;
(3) The operator was provided a false confirmation code by an identifiable third party; or
(4) Notice of the excavation was not required under this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 19.122 RCW to read as follows:
Any person who intentionally provides an operator with a false excavation confirmation code is guilty of a misdemeanor.
NEW SECTION. Sec. 8. A new section is added to chapter 19.122 RCW to read as follows:
Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code."
Senators Poulsen and Morton 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 Senator Poulsen to Engrossed Substitute House Bill No. 1539.
The motion by Senator Poulsen 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 2 of the title, after "pipeline;" strike the remainder of the title and insert "amending RCW 19.122.020, 19.122.027, 19.122.055, and 19.122.070; adding new sections to chapter 19.122 RCW; and prescribing penalties."
MOTION
On motion of Senator Poulsen, the rules were suspended, Engrossed Substitute House Bill No. 1539, 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 Engrossed Substitute House Bill No. 1539, as amended by the Senate.
MOTION
On motion of Senator Regala, Senators Prentice and Doumit were excused.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1539, 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, Carrell, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, 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 and Zarelli - 44
Excused: Senators Brown, Delvin, Doumit, Oke and Prentice - 5
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1539, 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, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5962, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 7.48 RCW to read as follows:
(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(2) A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(3) The costs and expenses that may be recovered according to subsection (1) or (2) of this section include actual damages and reasonable attorneys' fees and costs. For the purposes of this subsection, "actual damages" include lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
(4) In addition to any sums recovered according to subsection (1) or (2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
NEW SECTION. Sec. 2. A new section is added to chapter 7.48 RCW to read as follows:
A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances and where such activity is not found to be in violation of such specified laws, rules, or ordinances may recover its full investigative costs and expenses if a court determines that the complaint was initiated maliciously and without probable cause.
NEW SECTION. Sec. 3. A new section is added to chapter 64.06 RCW to read as follows:
A seller of real property located within one mile of the property boundary of a farm or farm operation shall make available to the buyer the following statement: "This notice is to inform prospective residents that the real property they are about to acquire lies within one mile of the property boundary of a farm. The farm may generate usual and ordinary noise, dust, odors, and other associated conditions, and these practices are protected by the Washington right to farm act."
Sec. 4. RCW 70.94.640 and 1981 c 297 s 30 are each amended to read as follows:
(1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In determining whether agricultural activity is consistent with good agricultural practices, the department of ecology or board of any authority shall consult with a recognized third-party expert in the activity prior to issuing any notice of violation.
(2) Any notice of violation issued under this chapter pertaining to odors or fugitive dust caused by agricultural activity shall include a statement as to why the activity is inconsistent with good agricultural practices, or a statement that the odors or fugitive dust have substantial adverse effect on public health.
(3) In any appeal to the pollution control hearings board or any judicial appeal, the agency issuing a final order pertaining to odors or fugitive dust caused by agricultural activity shall prove the activity is inconsistent with good agricultural practices or that the odors or fugitive dust have a substantial adverse impact on public health.
(4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion of that land for residential purposes, the exemption of this section shall not apply.
(5) As used in this section:
(a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, poultry, livestock, shellfish, grain, mint, hay, and dairy products.
(b) "Good agricultural practices" means economically feasible practices which are customary among or appropriate to farms and ranches of a similar nature in the local area.
(c) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock ((or)), agricultural commodities, or cultured aquatic products.
(d) "Fugitive dust" means a particulate emission made airborne by human activity, forces of wind, or both, and which do not pass through a stack, chimney, vent, or other functionally equivalent opening.
(6) The exemption for fugitive dust provided in subsection (1) of this section does not apply to facilities subject to RCW 70.94.151 as specified in WAC 173-400-100 as of the effective date of this act, 70.94.152, or 70.94.161."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5962.
Senators Rasmussen and Schoesler spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5962.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5962.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5962, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5962, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 6; Absent, 0; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 38
Voting nay: Senators Fairley, Fraser, Kline, Kohl-Welles, McAuliffe and Thibaudeau - 6
Excused: Senators Brown, Delvin, Doumit, Oke and Prentice - 5
ENGROSSED SENATE BILL NO. 5962, 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.
MESSAGE FROM THE HOUSE
April 16, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5581, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. LEGISLATIVE DECLARATION. The legislature declares that promoting the health of state residents is a fundamental purpose of state government. The legislature declares it to be a clear public purpose and governmental function to promote life sciences research to foster a preventive and predictive vision of the next generation of health-related innovations, to enhance the competitive position of Washington state in this vital sector of the economy, and to improve the quality and delivery of health care for the people of Washington. The legislature finds that public support for and promotion of life sciences research will benefit the state and its residents through improved health status and health outcomes, economic development, and contributions to scientific knowledge, and such research will lead to breakthroughs and improvements that might not otherwise be discovered due to lack of existing market incentives, especially in the area of regenerative medicine. The legislature finds that public support for and promotion of life sciences research has the potential to provide cures or new treatments for many debilitating diseases that cost the state millions of dollars each year. It is appropriate and consistent with the intent of the master settlement agreement between the state and tobacco product manufacturers to invest a portion of the revenues derived therefrom by the state in life sciences research, to leverage the revenues with other funds, and to encourage cooperation and innovation among public and private institutions involved in life sciences research. The purpose of this chapter is to establish a life sciences discovery fund authority, to grant that authority the power to contract with the state to receive revenues under the master settlement agreement, and to contract with other entities to receive other funds, and to disburse those funds consistent with the purpose of this chapter. The life sciences discovery fund is intended to promote the best available research in life sciences disciplines through diverse Washington institutions and to build upon existing strengths in the area of biosciences and biomanufacturing in order to spread the economic benefits across the state. The life sciences discovery fund is also intended to foster improved health care outcomes and improved agricultural production research across this state and the world. The research investments of the life sciences discovery fund are intended to further the goals of the "Bio 21" report and to support future statewide, comprehensive strategies to lead the nation in life sciences-related research and employment.
NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the life sciences discovery fund authority created in this chapter.
(2) "Board" means the governing board of trustees of the authority.
(3) "Contribution agreement" means any agreement authorized under this chapter in which a private entity or a public entity other than the state agrees to provide to the authority contributions for the purpose of promoting life sciences research.
(4) "Life sciences research" means advanced and applied research and development intended to improve human health, including scientific study of the developing brain and human learning and development, and other areas of scientific research and development vital to the state's economy.
(5) "Master settlement agreement" means the national master settlement agreement and related documents entered into on November 23, 1998, by the state and the four principal United States tobacco product manufacturers, as amended and supplemented, for the settlement of litigation brought by the state against the tobacco product manufacturers.
(6) "Public employee" means any person employed by the state of Washington or any agency or political subdivision thereof.
(7) "Public facilities" means any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by the state of Washington or any agency or political subdivision thereof.
(8) "Public funds" means any funds received or controlled by the state of Washington or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state, or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.
(9) "State agreement" means the agreement authorized under this chapter in which the state provides to the authority the strategic contribution payments required to be made by tobacco product manufacturers to the state and the state's rights to receive such payments, pursuant to the master settlement agreement, for the purpose of promoting life sciences research.
(10) "Strategic contribution payments" means the payments designated as such under the master settlement agreement, which will be made to the state in the years 2008 through 2017.
NEW SECTION. Sec. 3. LIFE SCIENCES DISCOVERY FUND AUTHORITY--ESTABLISHED. (1) The life sciences discovery fund authority is created and constitutes a public instrumentality and agency of the state, separate and distinct from the state, exercising public and essential governmental functions.
(2) The powers of the authority are vested in and shall be exercised by a board of trustees consisting of: Two members of either the house appropriations committee or the house committee dealing with technology issues, one from each caucus, to be appointed by the speaker of the house of representatives; two members of either the senate committee on ways and means or the senate committee dealing with technology issues, one from each caucus, to be appointed by the president of the senate; and seven members appointed by the governor with the consent of the senate, one of whom shall be appointed by the governor as chair of the authority and who shall serve on the board and as chair of the authority at the pleasure of the governor. The respective officials shall make the initial appointments no later than thirty days after the effective date of this section. The term of the trustees, other than the chair, is four years from the date of their appointment, except that the terms of three of the initial gubernatorial appointees, as determined by the governor, are for two years from the date of their appointment. A trustee appointed by the governor may be removed by the governor for cause under RCW 43.06.070 and 43.06.080. The appropriate official shall fill any vacancy on the board by appointment for the remainder of the unexpired term. The trustees appointed by the governor shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter, subject to RCW 43.03.050 and 43.03.060. The trustees who are legislators shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
(3) Seven members of the board constitute a quorum.
(4) The trustees shall elect a treasurer and secretary annually, and other officers as the trustees determine necessary, and may adopt bylaws or rules for their own government.
(5) Meetings of the board shall be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the chair or when a majority of the trustees so requests. Meetings of the board may be held at any location within or out of the state, and trustees may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.
(6) The authority is subject to audit by the state auditor.
(7) The attorney general must advise the authority and represent it in all legal proceedings.
NEW SECTION. Sec. 4. SPECIAL TRUST POWERS. In addition to other powers and duties prescribed in this chapter, the authority is empowered to:
(1) Use public moneys in the life sciences discovery fund, leveraging those moneys with amounts received from other public and private sources in accordance with contribution agreements, to promote life sciences research;
(2) Solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities other than the state to receive moneys in consideration of the authority's promise to leverage those moneys with amounts received through appropriations from the legislature and contributions from other public entities and private entities, in order to use those moneys to promote life sciences research. Nonstate moneys received by the authority for this purpose shall be deposited in the life sciences discovery fund created in section 8 of this act;
(3) Hold funds received by the authority in trust for their use pursuant to this chapter to promote life sciences research;
(4) Manage its funds, obligations, and investments as necessary and as consistent with its purpose including the segregation of revenues into separate funds and accounts;
(5) Make grants to entities pursuant to contract for the promotion of life sciences research to be conducted in the state. Grant agreements shall specify deliverables to be provided by the recipient pursuant to the grant. The authority shall solicit requests for funding and evaluate the requests by reference to factors such as: (a) The quality of the proposed research; (b) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (c) its potential for leveraging additional funding; (d) its potential to provide health care benefits or benefit human learning and development; (e) its potential to stimulate the health care delivery, biomedical manufacturing, and life sciences related employment in the state; (f) the geographic diversity of the grantees within Washington; (g) evidence of potential royalty income and contractual means to recapture such income for purposes of this chapter; and (h) evidence of public and private collaboration;
(6) Create one or more advisory boards composed of scientists, industrialists, and others familiar with life sciences research; and
(7) Adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.
NEW SECTION. Sec. 5. GENERAL POWERS--RESTRICTIONS. The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the authority may: (1) Sue and be sued in its own name; (2) make and execute agreements, contracts, and other instruments, with any public or private person or entity, in accordance with this chapter; (3) employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter; (4) establish such special funds, and controls on deposits to and disbursements from them, as it finds convenient for the implementation of this chapter; (5) enter into contracts with public and private entities for life sciences research to be conducted in the state; (6) adopt rules, consistent with this chapter; (7) delegate any of its powers and duties if consistent with the purposes of this chapter; (8) exercise any other power reasonably required to implement the purposes of this chapter; and (9) hire staff and pay administrative costs.
NEW SECTION. Sec. 6. LIMITATION OF LIABILITY. Members of the board and persons acting on behalf of the authority, while acting within the scope of their employment or agency, are not subject to personal liability resulting from carrying out the powers and duties conferred on them under this chapter. Neither the state nor the authority is liable for any loss, damage, harm, or other consequence resulting directly or indirectly from grants made by the authority or by any life sciences research funded by such grants.
NEW SECTION. Sec. 7. DISSOLUTION OF THE AUTHORITY. The authority may petition the legislature to be dissolved upon a showing that it has no reason to exist and that any assets it retains must be distributed to one or more similar entities approved by the legislature. The legislature reserves the right to dissolve the authority after its contractual obligations to its funders and grant recipients have expired.
NEW SECTION. Sec. 8. LIFE SCIENCES DISCOVERY FUND. The life sciences discovery fund is created in the custody of the state treasurer. Only the board or the board's designee may authorize expenditures from the fund. Expenditures from the fund may be made only for purposes of this chapter. Administrative expenses of the authority, including staff support, may be paid only from the fund. Revenues to the fund consist of transfers made by the legislature from strategic contribution payments deposited in the tobacco settlement account under RCW 43.79.480, moneys received pursuant to contribution agreements entered into pursuant to section 4 of this act, moneys received from gifts, grants, and bequests, and interest earned on the fund.
NEW SECTION. Sec. 9. By December 1, 2005, the executive director of the life sciences discovery fund authority shall explore and make recommendations to the legislature regarding the potential for the state to receive royalty income and direct it to the higher education legacy trust fund.
NEW SECTION. Sec. 10. By December 1, 2006, the executive director of the life sciences discovery fund shall provide a report to the legislature on the anticipated return on investment to the state from the investment of public funds in the life sciences discovery fund, including potential job growth, royalty income, intellectual property rights, and other significant long-term benefits to the state.
NEW SECTION. Sec. 11. A new section is added to chapter 82.04 RCW to read as follows:
BUSINESS AND OCCUPATION TAX EXEMPTION. This chapter does not apply to income received by the life sciences discovery fund authority under chapter 43.-- RCW (sections 1 through 8 of this act).
Sec. 12. RCW 43.79.480 and 2002 c 365 s 15 are each amended to read as follows:
(1) Moneys received by the state of Washington in accordance with the settlement of the state's legal action against tobacco product manufacturers, exclusive of costs and attorneys' fees, shall be deposited in the tobacco settlement account created in this section except as these moneys are sold or assigned under chapter 43.340 RCW.
(2) The tobacco settlement account is created in the state treasury. Moneys in the tobacco settlement account may only be transferred to the health services account for the purposes set forth in RCW 43.72.900, and to the tobacco prevention and control account for purposes set forth in this section. The legislature shall transfer amounts received as strategic contribution payments as defined in section 2 of this act to the life sciences discovery fund created in section 8 of this act.
(3) The tobacco prevention and control account is created in the state treasury. The source of revenue for this account is moneys transferred to the account from the tobacco settlement account, investment earnings, donations to the account, and other revenues as directed by law. Expenditures from the account are subject to appropriation.
Sec. 13. RCW 42.30.110 and 2003 c 277 s 1 are each amended to read as follows:
(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;
(k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information;
(l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery fund authority, the substance of grant applications and grant awards when public knowledge regarding the discussion would reasonably be expected to result in private loss to the providers of this information.
(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.
NEW SECTION. Sec. 14. A new section is added to chapter 41.06 RCW to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, this chapter does not apply to employees of the life sciences discovery fund authority under chapter 43.-- RCW (sections 1 through 8 of this act).
Sec. 15. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s 3, and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) Proprietary information deemed confidential for the purposes of section 923, chapter 26, Laws of 2003 1st sp. sess.
(hhh) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.-- RCW (sections 1 through 8 of this act), to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 16. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
(A) The species has a known commercial or black market value;
(B) There is a history of malicious take of that species; or
(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
(i) Government agencies concerned with the management of fish and wildlife resources;
(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
(aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
(ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
(iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
(bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
(ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
(ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
(eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.
(fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.
(ggg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.-- RCW (sections 1 through 8 of this act), to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 17. RCW 42.17.2401 and 2001 c 36 s 1 and 2001 c 9 s 1 are each reenacted and amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the ((chairman)) chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, life sciences discovery fund authority board of trustees, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.
Sec. 18. RCW 43.79A.040 and 2004 c 246 s 8 and 2004 c 58 s 10 are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' plan 2 expense fund, the local tourism promotion account, the produce railcar pool account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund account, the Washington horse racing commission class C purse fund account, ((and)) the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), and the life sciences discovery fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 19. CAPTIONS. Captions used in this act are not any part of the law.
NEW SECTION. Sec. 20. LIBERAL CONSTRUCTION. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed.
NEW SECTION. Sec. 21. CODIFICATION. Sections 1 through 8 of this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 22. SEVERABILITY. 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. 23. EXPIRATION DATES. Section 15 of this act expires June 30, 2005.
NEW SECTION. Sec. 24. EFFECTIVE DATE. 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, except for section 16 of this act, which takes effect June 30, 2005."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5581 and request of the House a conference thereon.
Senators Kohl-Welles spoke in favor of the motion.
MOTIONS
Senator Zarelli moved that the Senate refuse to concur in the House amendment(s) to Engrossed Second Substitute Senate Bill No. 5581 and insist in its position thereon.
On motion of Senator Eide, further consideration of Engrossed Second Substitute Senate Bill No. 5581 was deferred and the bill held its place on the concurrence calendar.
MOTION
At 8:04 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 9:01 p.m. by President Owen.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5308,
SUBSTITUTE SENATE BILL NO. 5708,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5719
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 1062 and asks Senate to recede therefrom.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Poulsen moved that the Senate insist on its position in the House amendment(s) to Engrossed Substitute House Bill No. 1062 and ask the House to concur thereon.
The President declared the question before the Senate to be motion by Senator Poulsen that the Senate insist on its position in the House amendment(s) to Engrossed Substitute House Bill No. 1062 and ask the House to concur thereon.
Senators Morton spoke in favor of the motion.
The motion by Senator Poulsen carried and the Senate insisted on its position in the House amendment(s) to Engrossed Substitute House Bill No. 1062 and asked the House to concur thereon.
MESSAGE FROM THE HOUSE
April 18, 2005
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1791 and asks the Senate for a conference thereon. Speaker has appointed the following members as Conferees:
Representatives Dunshee, Chase & Jarrett.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Regala, the Senate granted the request of the House for a conference on Substitute House Bill No. 1791.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1791 and the House amendment(s) there to: Senators Zarelli, Regala and Prentice.
MOTION
On motion of Senator Regala, the appointments to the conference committee were confirmed.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Nathan Holmes and Patrick McDonald, staff with the Office of the Secretary of State who seated in the gallery. Members of the Washington National Guard’s 448th Civil Affairs Battalion, Mr. Holmes and Mr. McDonald were scheduled to be deployed to Iraq for nine months.
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5396, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 79A.15.010 and 1990 1st ex.s. c 14 s 2 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter.
(1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.
(2) "Committee" means the interagency committee for outdoor recreation.
(3) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species.
(4) "Farmlands" means any land defined as "farm and agricultural land" in RCW 84.34.020(2).
(5) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.
(((5))) (6) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value.
(((6))) (7) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(8) "Special needs populations" means physically restricted people or people of limited means.
(((7))) (9) "State agencies" means the state parks and recreation commission, the department of natural resources, the department of general administration, and the department of fish and wildlife.
(10) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians.
(((8))) (11) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area.
(((9))) (12) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.
Sec. 2. RCW 79A.15.030 and 2000 c 11 s 66 are each amended to read as follows:
(1) Moneys appropriated for this chapter shall be divided ((equally between the habitat conservation and outdoor recreation accounts and shall be used exclusively for the purposes specified in this chapter)) as follows:
(a) Appropriations for a biennium of forty million dollars or less must be allocated equally between the habitat conservation account and the outdoor recreation account.
(b) If appropriations for a biennium total more than forty million dollars, the money must be allocated as follows: (i) Twenty million dollars to the habitat conservation account and twenty million dollars to the outdoor recreation account; (ii) any amount over forty million dollars up to fifty million dollars shall be allocated as follows: (A) Ten percent to the habitat conservation account; (B) ten percent to the outdoor recreation account; (C) forty percent to the riparian protection account; and (D) forty percent to the farmlands preservation account; and (iii) any amounts over fifty million dollars must be allocated as follows: (A) Thirty percent to the habitat conservation account; (B) thirty percent to the outdoor recreation account; (C) thirty percent to the riparian protection account; and (D) ten percent to the farmlands preservation account.
(2) Except as otherwise provided in this act, moneys deposited in these accounts shall be invested as authorized for other state funds, and any earnings on them shall be credited to the respective account.
(3) All moneys deposited in the habitat conservation ((and)), outdoor recreation, riparian protection, and farmlands preservation accounts shall be allocated as provided under RCW 79A.15.040 ((and)), 79A.15.050, and sections 6 and 7 of this act as grants to state or local agencies for acquisition, development, and renovation within the jurisdiction of those agencies, subject to legislative appropriation. The committee may use or permit the use of any funds appropriated for this chapter as matching funds where federal, local, or other funds are made available for projects within the purposes of this chapter. Moneys appropriated to these accounts that are not obligated to a specific project may be used to fund projects from lists of alternate projects from the same account in biennia succeeding the biennium in which the moneys were originally appropriated.
(4) Projects receiving grants under this chapter that are developed or otherwise accessible for public recreational uses shall be available to the public ((on a nondiscriminatory basis)).
(5) The committee may make grants to an eligible project from ((both)) the habitat conservation ((and)), outdoor recreation, riparian protection, and farmlands preservation accounts and any one or more of the applicable categories under such accounts described in RCW 79A.15.040 ((and)), 79A.15.050, and sections 6 and 7 of this act.
(6) The committee may accept private donations to the habitat conservation account, the outdoor recreation account, the riparian protection account, and the farmlands preservation account for the purposes specified in this chapter.
(7) The committee may apply up to three percent of the funds appropriated for this chapter for the administration of the programs and purposes specified in this chapter.
(8) Habitat and recreation land and facilities acquired or developed with moneys appropriated for this chapter may not, without prior approval of the committee, be converted to a use other than that for which funds were originally approved. The committee shall adopt rules and procedures governing the approval of such a conversion.
Sec. 3. RCW 79A.15.040 and 1999 c 379 s 917 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the habitat conservation account shall be distributed in the following way:
(a) Not less than ((thirty-five)) forty percent through June 30, 2011, at which time the amount shall become forty-five percent, for the acquisition and development of critical habitat;
(b) Not less than ((twenty)) thirty percent for the acquisition and development of natural areas;
(c) Not less than ((fifteen)) twenty percent for the acquisition and development of urban wildlife habitat; and
(d) ((The remaining amount shall be considered unallocated and)) Not less than ten percent through June 30, 2011, at which time the amount shall become five percent, shall be used by the committee to fund ((high priority acquisition and development needs for critical habitat, natural areas, and urban wildlife habitat. During the fiscal biennium ending June 30, 2001, the remaining amount reappropriated from the fiscal biennium ending June 30, 1999, may be allocated for matching grants for riparian zone habitat protection projects that implement watershed plans under the program established in section 329(6), chapter 235, Laws of 1997)) restoration and enhancement projects on state lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on existing habitat and natural area lands.
(2)(a) In distributing these funds, the committee retains discretion to meet the most pressing needs for critical habitat, natural areas, and urban wildlife habitat, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
(b) If not enough project applications are submitted in a category within the habitat conservation account to meet the percentages described in subsection (1) of this section in any biennium, the committee retains discretion to distribute any remaining funds to the other categories within the account.
(3) Only state agencies may apply for acquisition and development funds for ((critical habitat and)) natural areas projects under subsection (1)(((a),)) (b)((, and (d))) of this section.
(4) State and local agencies may apply for acquisition and development funds for critical habitat and urban wildlife habitat projects under subsection (1)(a) and (c) ((and (d))) of this section.
(5)(a) Any lands that have been acquired with grants under this section by the department of fish and wildlife are subject to an amount in lieu of real property taxes and an additional amount for control of noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this section by the department of natural resources are subject to payments in the amounts required under the provisions of sections 11 and 12 of this act.
Sec. 4. RCW 79A.15.050 and 2003 c 184 s 1 are each amended to read as follows:
(1) Moneys appropriated for this chapter to the outdoor recreation account shall be distributed in the following way:
(a) Not less than ((twenty-five)) thirty percent to the state parks and recreation commission for the acquisition and development of state parks, with at least ((seventy-five)) fifty percent of ((this)) the money for acquisition costs((. However, between July 27, 2003, and June 30, 2009, at least fifty percent of this money for the acquisition and development of state parks must be used for acquisition costs));
(b) Not less than ((twenty-five)) thirty percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs;
(c) Not less than ((fifteen)) twenty percent for the acquisition ((and)), renovation, or development of trails;
(d) Not less than ((ten)) fifteen percent for the acquisition ((and)), renovation, or development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
(e) ((The remaining amount shall be considered unallocated and shall be distributed by the committee to state and local agencies to fund high priority acquisition and development needs for parks, trails, and water access sites)) Not less than five percent for development and renovation projects on state recreation lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on their existing recreation lands.
(2)(a) In distributing these funds, the committee retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
(b) If not enough project applications are submitted in a category within the outdoor recreation account to meet the percentages described in subsection (1) of this section in any biennium, the committee retains discretion to distribute any remaining funds to the other categories within the account.
(3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection (1)(b) of this section.
(4) Only state and local agencies may apply for funds for trails under subsection (1)(c) of this section.
(5) Only state and local agencies may apply for funds for water access sites under subsection (1)(d) of this section.
NEW SECTION. Sec. 5. A new section is added to chapter 79A.15 RCW to read as follows:
A state or local agency shall review the proposed project application with the county or city with jurisdiction over the project area prior to applying for funds for the acquisition of property under this chapter. The appropriate county or city legislative authority may, at its discretion, submit a letter to the committee identifying the authority's position with regard to the acquisition project. The committee shall make the letters received under this section available to the governor and the legislature when the prioritized project list is submitted under section 6 of this act, RCW 79A.15.060, and 79A.15.070.
NEW SECTION. Sec. 6. A new section is added to chapter 79A.15 RCW to read as follows:
(1) The riparian protection account is established in the state treasury. The committee must administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the committee.
(2) Moneys appropriated for this chapter to the riparian protection account must be distributed for the acquisition or enhancement or restoration of riparian habitat. All enhancement or restoration projects, except those qualifying under subsection (10)(a) of this section, must include the acquisition of a real property interest in order to be eligible.
(3) State and local agencies and lead entities under chapter 77.85 RCW may apply for acquisition and enhancement or restoration funds for riparian habitat projects under subsection (1) of this section. Other state agencies not defined in RCW 79A.15.010, such as the department of transportation and the department of corrections, may enter into interagency agreements with state agencies to apply in partnership for funds under this section.
(4) The committee may adopt rules establishing acquisition policies and priorities for distributions from the riparian protection account.
(5) Except as provided in RCW 79A.15.030(7), moneys appropriated for this section may not be used by the committee to fund staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation or maintenance of areas acquired under this chapter.
(6) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(7) Moneys appropriated for this section may be used to fund mitigation banking projects involving the restoration, creation, enhancement, or preservation of riparian habitat, provided that the parties seeking to use the mitigation bank meet the matching requirements of subsection (8) of this section. The moneys from this section may not be used to supplant an obligation of a state or local agency to provide mitigation. For the purposes of this section, a mitigation bank means a site or sites where riparian habitat is restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized project impacts to similar resources.
(8) The committee may not approve a local project where the local agency share is less than the amount to be awarded from the riparian protection account. In-kind contributions, including contributions of a real property interest in land may be used to satisfy the local agency's share.
(9) State agencies receiving grants for acquisition of land under this section must pay an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due.
(10) In determining acquisition priorities with respect to the riparian protection account, the committee must consider, at a minimum, the following criteria:
(a) Whether the project continues the conservation reserve enhancement program. Applications that extend the duration of leases of riparian areas that are currently enrolled in the conservation reserve enhancement program shall be eligible. Such applications are eligible for a conservation lease extension of at least twenty-five years of duration;
(b) Whether the projects are identified or recommended in a watershed planning process under chapter 247, Laws of 1998, salmon recovery planning under chapter 77.85 RCW, or other local plans, such as habitat conservation plans, and these must be highly considered in the process;
(c) Whether there is community support for the project;
(d) Whether the proposal includes an ongoing stewardship program that includes control of noxious weeds, detrimental invasive species, and that identifies the source of the funds from which the stewardship program will be funded;
(e) Whether there is an immediate threat to the site;
(f) Whether the quality of the habitat is improved or, for projects including restoration or enhancement, the potential for restoring quality habitat including linkage of the site to other high quality habitat;
(g) Whether the project is consistent with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(h) Whether the site has educational or scientific value; and
(i) Whether the site has passive recreational values for walking trails, wildlife viewing, or the observation of natural settings.
(11) Before November 1st of each even-numbered year, the committee will recommend to the governor a prioritized list of projects to be funded under this section. The governor may remove projects from the list recommended by the committee and will submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
NEW SECTION. Sec. 7. A new section is added to chapter 79A.15 RCW to read as follows:
(1) The farmlands preservation account is established in the state treasury. The committee will administer the account in accordance with chapter 79A.25 RCW and this chapter, and hold it separate and apart from all other money, funds, and accounts of the committee. Moneys appropriated for this chapter to the farmlands preservation account must be distributed for the acquisition and preservation of farmlands in order to maintain the opportunity for agricultural activity upon these lands.
(2)(a) Moneys appropriated for this chapter to the farmlands preservation account may be distributed for (i) the fee simple or less than fee simple acquisition of farmlands; (ii) the enhancement or restoration of ecological functions on those properties; or (iii) both. In order for a farmland preservation grant to provide for an environmental enhancement or restoration project, the project must include the acquisition of a real property interest.
(b) If a city or county acquires a property through this program in fee simple, the city or county shall endeavor to secure preservation of the property through placing a conservation easement, or other form of deed restriction, on the property which dedicates the land to agricultural use and retains one or more property rights in perpetuity. Once an easement or other form of deed restriction is placed on the property, the city or county shall seek to sell the property, at fair market value, to a person or persons who will maintain the property in agricultural production. Any moneys from the sale of the property shall either be used to purchase interests in additional properties which meet the criteria in subsection (9) of this section, or to repay the grant from the state which was originally used to purchase the property.
(3) Cities and counties may apply for acquisition and enhancement or restoration funds for farmland preservation projects within their jurisdictions under subsection (1) of this section.
(4) The committee may adopt rules establishing acquisition and enhancement or restoration policies and priorities for distributions from the farmlands preservation account.
(5) The acquisition of a property right in a project under this section by a county or city does not provide a right of access to the property by the public unless explicitly provided for in a conservation easement or other form of deed restriction.
(6) Except as provided in RCW 79A.15.030(7), moneys appropriated for this section may not be used by the committee to fund staff positions or other overhead expenses, or by a city or county to fund operation or maintenance of areas acquired under this chapter.
(7) Moneys appropriated for this section may be used by grant recipients for costs incidental to restoration and acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(8) The committee may not approve a local project where the local agency's share is less than the amount to be awarded from the farmlands preservation account. In-kind contributions, including contributions of a real property interest in land, may be used to satisfy the local agency's share.
(9) In determining the acquisition priorities, the committee must consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical pathways analysis, a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort;
(c) The likelihood of the conversion of the site to nonagricultural or more highly developed usage;
(d) Consistency with a local land use plan, or a regional or statewide recreational or resource plan. The projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130 must be highly considered in the process;
(e) Benefits to salmonids;
(f) Benefits to other fish and wildlife habitat;
(g) Integration with recovery efforts for endangered, threatened, or sensitive species;
(h) The viability of the site for continued agricultural production, including, but not limited to:
(i) Soil types;
(ii) On-site production and support facilities such as barns, irrigation systems, crop processing and storage facilities, wells, housing, livestock sheds, and other farming infrastructure;
(iii) Suitability for producing different types or varieties of crops;
(iv) Farm-to-market access;
(v) Water availability; and
(i) Other community values provided by the property when used as agricultural land, including, but not limited to:
(i) Viewshed;
(ii) Aquifer recharge;
(iii) Occasional or periodic collector for storm water runoff;
(iv) Agricultural sector job creation;
(v) Migratory bird habitat and forage area; and
(vi) Educational and curriculum potential.
(10) In allotting funds for environmental enhancement or restoration projects, the committee will require the projects to meet the following criteria:
(a) Enhancement or restoration projects must further the ecological functions of the farmlands;
(b) The projects, such as fencing, bridging watercourses, replanting native vegetation, replacing culverts, clearing of waterways, etc., must be less than fifty percent of the acquisition cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving beneficial enhancement or restoration results; and
(d) The projects should enhance the viability of the preserved farmland to provide agricultural production while conforming to any legal requirements for habitat protection.
(11) Before November 1st of each even-numbered year, the committee will recommend to the governor a prioritized list of all projects to be funded under this section. The governor may remove projects from the list recommended by the committee and must submit this amended list in the capital budget request to the legislature. The list must include, but not be limited to, a description of each project and any particular match requirement.
Sec. 8. RCW 79A.15.060 and 2000 c 11 s 67 are each amended to read as follows:
(1) The committee may adopt rules establishing acquisition policies and priorities for distributions from the habitat conservation account.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated for this chapter may not be used by the committee to fund ((additional)) staff positions or other overhead expenses, or by a state, regional, or local agency to fund operation ((and)) or maintenance of areas acquired under this chapter((, except that the committee may use moneys appropriated for this chapter for the fiscal biennium ending June 30, 2001, for the administrative costs of implementing the pilot watershed plan implementation program established in section 329(6), chapter 235, Laws of 1997, and developing an inventory of publicly owned lands established in section 329(7), chapter 235, Laws of 1997)).
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition, including, but not limited to, surveying expenses, fencing, and signing.
(4) ((Except as provided in subsection (5) of this section,)) Moneys appropriated for this section may be used to fund mitigation banking projects involving the restoration, creation, enhancement, or preservation of critical habitat and urban wildlife habitat, provided that the parties seeking to use the mitigation bank meet the matching requirements of subsection (5) of this section. The moneys from this section may not be used to supplant an obligation of a state or local agency to provide mitigation. For the purposes of this section, a mitigation bank means a site or sites where critical habitat or urban wildlife habitat is restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized project impacts to similar resources.
(5) The committee may not approve a local project where the local agency share is less than the amount to be awarded from the habitat conservation account.
(((5) During the fiscal biennium ending June 30, 2001, the committee may approve a riparian zone habitat protection project established in section 329(6), chapter 235, Laws of 1997, where the local agency share is less than the amount to be awarded from the habitat conservation account.))
(6) In determining acquisition priorities with respect to the habitat conservation account, the committee shall consider, at a minimum, the following criteria:
(a) For critical habitat and natural areas proposals:
(i) Community support for the project;
(ii) The project proposal's ongoing stewardship program that includes control of noxious weeds, detrimental invasive species, and that identifies the source of the funds from which the stewardship program will be funded;
(iii) Recommendations as part of a watershed plan or habitat conservation plan, or a coordinated regionwide prioritization effort, and for projects primarily intended to benefit salmon, limiting factors, or critical pathways analysis;
(iv) Immediacy of threat to the site;
(((iii))) (v) Uniqueness of the site;
(((iv))) (vi) Diversity of species using the site;
(((v))) (vii) Quality of the habitat;
(((vi))) (viii) Long-term viability of the site;
(((vii))) (ix) Presence of endangered, threatened, or sensitive species;
(((viii))) (x) Enhancement of existing public property;
(((ix))) (xi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130; ((and
(x))) (xii) Educational and scientific value of the site;
(xiii) Integration with recovery efforts for endangered, threatened, or sensitive species;
(xiv) For critical habitat proposals by local agencies, the statewide significance of the site.
(b) For urban wildlife habitat proposals, in addition to the criteria of (a) of this subsection:
(i) Population of, and distance from, the nearest urban area;
(ii) Proximity to other wildlife habitat;
(iii) Potential for public use; and
(iv) Potential for use by special needs populations.
(7) ((Before October 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of state agency projects to be funded under RCW 79A.15.040(1) (a), (b), and (c). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project; and shall describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
(8))) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of all state agency and local projects to be funded under RCW 79A.15.040(1) (a), (b), and (c). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
Sec. 9. RCW 79A.15.070 and 2000 c 11 s 68 are each amended to read as follows:
(1) In determining which state parks proposals and local parks proposals to fund, the committee shall use existing policies and priorities.
(2) Except as provided in RCW 79A.15.030(7), moneys appropriated for this chapter may not be used by the committee to fund ((additional)) staff or other overhead expenses, or by a state, regional, or local agency to fund operation ((and)) or maintenance of areas acquired under this chapter((, except that the committee may use moneys appropriated for this chapter for the fiscal biennium ending June 30, 2001, for the administrative costs of implementing the pilot watershed plan implementation program established in section 329(6), chapter 235, Laws of 1997, and developing an inventory of publicly owned lands established in section 329(7), chapter 235, Laws of 1997)).
(3) Moneys appropriated for this chapter may be used by grant recipients for costs incidental to acquisition and development, including, but not limited to, surveying expenses, fencing, and signing.
(4) The committee may not approve a project of a local agency where the share contributed by the local agency is less than the amount to be awarded from the outdoor recreation account.
(5) The committee may adopt rules establishing acquisition policies and priorities for the acquisition and development of trails and water access sites to be financed from moneys in the outdoor recreation account.
(6) In determining the acquisition and development priorities, the committee shall consider, at a minimum, the following criteria:
(a) For trails proposals:
(i) Community support for the project;
(ii) Immediacy of threat to the site;
(iii) Linkage between communities;
(iv) Linkage between trails;
(v) Existing or potential usage;
(vi) Consistency with ((an existing)) a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130;
(vii) Availability of water access or views;
(viii) Enhancement of wildlife habitat; and
(ix) Scenic values of the site.
(b) For water access proposals:
(i) Community support for the project;
(ii) Distance from similar water access opportunities;
(iii) Immediacy of threat to the site;
(iv) Diversity of possible recreational uses; ((and))
(v) Public demand in the area; and
(vi) Consistency with a local land use plan, or a regional or statewide recreational or resource plan, including projects that assist in the implementation of local shoreline master plans updated according to RCW 90.58.080 or local comprehensive plans updated according to RCW 36.70A.130.
(7) ((Before October 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of state agency projects to be funded under RCW 79A.15.050(1) (a), (c), and (d). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project; and shall describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
(8))) Before ((October)) November 1st of each even-numbered year, the committee shall recommend to the governor a prioritized list of all state agency and local projects to be funded under RCW 79A.15.050(1) (a), (b), (c), and (d). The governor may remove projects from the list recommended by the committee and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and any particular match requirement, and describe for each project any anticipated restrictions upon recreational activities allowed prior to the project.
Sec. 10. RCW 79A.15.080 and 1990 1st ex.s. c 14 s 9 are each amended to read as follows:
The committee shall not sign contracts or otherwise financially obligate funds from the habitat conservation account ((or)), the outdoor recreation account, the riparian protection account, or the farmlands preservation account as provided in this chapter before the legislature has appropriated funds for a specific list of projects. The legislature may remove projects from the list recommended by the governor.
NEW SECTION. Sec. 11. A new section is added to chapter 79.70 RCW to read as follows:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
NEW SECTION. Sec. 12. A new section is added to chapter 79.71 RCW to read as follows:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
Sec. 13. RCW 84.33.140 and 2003 c 170 s 5 are each amended to read as follows:
(1) When land has been designated as forest land under RCW 84.33.130, a notation of the designation shall be made each year upon the assessment and tax rolls. A copy of the notice of approval together with the legal description or assessor's parcel numbers for the land shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded.
(2) In preparing the assessment roll as of January 1, 2002, for taxes payable in 2003 and each January 1st thereafter, the assessor shall list each parcel of designated forest land at a value with respect to the grade and class provided in this subsection and adjusted as provided in subsection (3) of this section. The assessor shall compute the assessed value of the land using the same assessment ratio applied generally in computing the assessed value of other property in the county. Values for the several grades of bare forest land shall be as follows:
LAND GRADE |
OPERABILITY CLASS |
VALUES PER ACRE |
|
1 |
$234 |
1 |
2 |
229 |
|
3 |
217 |
|
4 |
157 |
|
1 |
198 |
2 |
2 |
190 |
|
3 |
183 |
|
4 |
132 |
|
1 |
154 |
3 |
2 |
149 |
|
3 |
148 |
|
4 |
113 |
|
1 |
117 |
4 |
2 |
114 |
|
3 |
113 |
|
4 |
86 |
|
1 |
85 |
5 |
2 |
78 |
|
3 |
77 |
|
4 |
52 |
|
1 |
43 |
6 |
2 |
39 |
|
3 |
39 |
|
4 |
37 |
|
1 |
21 |
7 |
2 |
21 |
|
3 |
20 |
|
4 |
20 |
8 |
|
1 |
(3) On or before December 31, 2001, the department shall adjust by rule under chapter 34.05 RCW, the forest land values contained in subsection (2) of this section in accordance with this subsection, and shall certify the adjusted values to the assessor who will use these values in preparing the assessment roll as of January 1, 2002. For the adjustment to be made on or before December 31, 2001, for use in the 2002 assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested within the state between July 1, 1996, and June 30, 2001, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and
(b) Divide the aggregate value of all timber harvested within the state between July 1, 1995, and June 30, 2000, by the aggregate harvest volume for the same period, as determined from the harvester excise tax returns filed with the department under RCW 84.33.074; and
(c) Adjust the forest land values contained in subsection (2) of this section by a percentage equal to one-half of the percentage change in the average values of harvested timber reflected by comparing the resultant values calculated under (a) and (b) of this subsection.
(4) For the adjustments to be made on or before December 31, 2002, and each succeeding year thereafter, the same procedure described in subsection (3) of this section shall be followed using harvester excise tax returns filed under RCW 84.33.074. However, this adjustment shall be made to the prior year's adjusted value, and the five-year periods for calculating average harvested timber values shall be successively one year more recent.
(5) Land graded, assessed, and valued as forest land shall continue to be so graded, assessed, and valued until removal of designation by the assessor upon the occurrence of any of the following:
(a) Receipt of notice from the owner to remove the designation;
(b) Sale or transfer to an ownership making the land exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed a notice of forest land designation continuance, except transfer to an owner who is an heir or devisee of a deceased owner, shall not, by itself, result in removal of designation. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.150. The notice of continuance shall be on a form prepared by the department. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated under subsection (11) of this section shall become due and payable by the seller or transferor at time of sale. The auditor shall not accept an instrument of conveyance regarding designated forest land for filing or recording unless the new owner has signed the notice of continuance or the compensating tax has been paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (11) of this section to the county board of equalization in accordance with the provisions of RCW 84.40.038. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that:
(i) The land is no longer primarily devoted to and used for growing and harvesting timber. However, land shall not be removed from designation if a governmental agency, organization, or other recipient identified in subsection (13) or (14) of this section as exempt from the payment of compensating tax has manifested its intent in writing or by other official action to acquire a property interest in the designated forest land by means of a transaction that qualifies for an exemption under subsection (13) or (14) of this section. The governmental agency, organization, or recipient shall annually provide the assessor of the county in which the land is located reasonable evidence in writing of the intent to acquire the designated land as long as the intent continues or within sixty days of a request by the assessor. The assessor may not request this evidence more than once in a calendar year;
(ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or any applicable rules under Title 76 RCW; or
(iii) Restocking has not occurred to the extent or within the time specified in the application for designation of such land.
(6) Land shall not be removed from designation if there is a governmental restriction that prohibits, in whole or in part, the owner from harvesting timber from the owner's designated forest land. If only a portion of the parcel is impacted by governmental restrictions of this nature, the restrictions cannot be used as a basis to remove the remainder of the forest land from designation under this chapter. For the purposes of this section, "governmental restrictions" includes: (a) Any law, regulation, rule, ordinance, program, or other action adopted or taken by a federal, state, county, city, or other governmental entity; or (b) the land's zoning or its presence within an urban growth area designated under RCW 36.70A.110.
(7) The assessor shall have the option of requiring an owner of forest land to file a timber management plan with the assessor upon the occurrence of one of the following:
(a) An application for designation as forest land is submitted; or
(b) Designated forest land is sold or transferred and a notice of continuance, described in subsection (5)(c) of this section, is signed.
(8) If land is removed from designation because of any of the circumstances listed in subsection (5)(a) through (c) of this section, the removal shall apply only to the land affected. If land is removed from designation because of subsection (5)(d) of this section, the removal shall apply only to the actual area of land that is no longer primarily devoted to the growing and harvesting of timber, without regard to any other land that may have been included in the application and approved for designation, as long as the remaining designated forest land meets the definition of forest land contained in RCW 84.33.035.
(9) Within thirty days after the removal of designation as forest land, the assessor shall notify the owner in writing, setting forth the reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board of equalization in accordance with the provisions of RCW 84.40.038.
(10) Unless the removal is reversed on appeal a copy of the notice of removal with a notation of the action, if any, upon appeal, together with the legal description or assessor's parcel numbers for the land removed from designation shall, at the expense of the applicant, be filed by the assessor in the same manner as deeds are recorded and a notation of removal from designation shall immediately be made upon the assessment and tax rolls. The assessor shall revalue the land to be removed with reference to its true and fair value as of January 1st of the year of removal from designation. Both the assessed value before and after the removal of designation shall be listed. Taxes based on the value of the land as forest land shall be assessed and payable up until the date of removal and taxes based on the true and fair value of the land shall be assessed and payable from the date of removal from designation.
(11) Except as provided in subsection (5)(c), (13), or (14) of this section, a compensating tax shall be imposed on land removed from designation as forest land. The compensating tax shall be due and payable to the treasurer thirty days after the owner is notified of the amount of this tax. As soon as possible after the land is removed from designation, the assessor shall compute the amount of compensating tax and mail a notice to the owner of the amount of compensating tax owed and the date on which payment of this tax is due. The amount of compensating tax shall be equal to the difference between the amount of tax last levied on the land as designated forest land and an amount equal to the new assessed value of the land multiplied by the dollar rate of the last levy extended against the land, multiplied by a number, in no event greater than nine, equal to the number of years for which the land was designated as forest land, plus compensating taxes on the land at forest land values up until the date of removal and the prorated taxes on the land at true and fair value from the date of removal to the end of the current tax year.
(12) Compensating tax, together with applicable interest thereon, shall become a lien on the land which shall attach at the time the land is removed from designation as forest land and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any compensating tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(13) The compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation under subsection (5) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other forest land located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power;
(c) A donation of fee title, development rights, or the right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections, or the sale or transfer of fee title to a governmental entity or a nonprofit nature conservancy corporation, as defined in RCW 64.04.130, exclusively for the protection and conservation of lands recommended for state natural area preserve purposes by the natural heritage council and natural heritage plan as defined in chapter 79.70 RCW or approved for state natural resources conservation area purposes as defined in chapter 79.71 RCW. At such time as the land is not used for the purposes enumerated, the compensating tax specified in subsection (11) of this section shall be imposed upon the current owner;
(d) The sale or transfer of fee title to the parks and recreation commission for park and recreation purposes;
(e) Official action by an agency of the state of Washington or by the county or city within which the land is located that disallows the present use of the land;
(f) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120;
(g) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open space program under RCW 76.09.040;
(h) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993. The date of death shown on a death certificate is the date used for the purposes of this subsection (13)(h); or
(i) The sale or transfer of land after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter, or classified under chapter 84.34 RCW continuously since 1993 and the sale or transfer takes place after July 22, 2001, and on or before July 22, 2003, and the death of the owner occurred after January 1, 1991. The date of death shown on a death certificate is the date used for the purposes of this subsection (13)(i).
(14) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (11) of this section shall not be imposed if the removal of designation as forest land under subsection (5) of this section resulted solely from:
(a) An action described in subsection (13) of this section; or
(b) A transfer of a property interest to a government entity, or to a nonprofit historic preservation corporation or nonprofit nature conservancy corporation, as defined in RCW 64.04.130, to protect or enhance public resources, or to preserve, maintain, improve, restore, limit the future use of, or otherwise to conserve for public use or enjoyment, the property interest being transferred. At such time as the property interest is not used for the purposes enumerated, the compensating tax shall be imposed upon the current owner.
Sec. 14. RCW 77.12.203 and 1990 1st ex.s. c 15 s 11 are each amended to read as follows:
(1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres.
(2) "Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage.
(3) This section shall not apply to lands transferred after April 23, 1990, to the department from other state agencies.
(4) The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
NEW SECTION. Sec. 15. (1) The interagency committee for outdoor recreation may apply up to three percent of the funds appropriated for chapter 79A.15 RCW for the administration of the programs and purposes specified in chapter 79A.15 RCW.
(2) Habitat and recreation land and facilities acquired or developed with moneys appropriated for chapter 79A.15 RCW may not, without prior approval of the interagency committee for outdoor recreation, be converted to a use other than that for which funds were originally approved. The interagency committee for outdoor recreation shall adopt rules and procedures governing the approval of such a conversion.
(3) This section expires July 1, 2007.
NEW SECTION. Sec. 16. (1) The interagency committee for outdoor recreation, the department of fish and wildlife, the department of natural resources, and counties shall work together to obtain necessary information to complete a report on the fiscal impact of payments in lieu of taxes provided for in this act.
(2) The report shall include a financial analysis determining the difference by county, for those counties having less than thirty percent of their total land in private ownership, of assessing property taxes on lands acquired under chapter 79A.15 RCW by state agencies based on one hundred percent of a property's true and fair value compared to assessing property as open space under chapter 84.34 RCW. The analysis shall also compare the fiscal impacts of using these different property tax rates by those counties for existing game lands held by the department of fish and wildlife and natural areas managed by the department of natural resources.
(3) The interagency committee for outdoor recreation shall provide the report to the appropriate committees of the legislature by December 1, 2005.
NEW SECTION. Sec. 17. Sections 1 through 14 of this act take effect July 1, 2007.
NEW SECTION. Sec. 18. Section 15 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 July 1, 2005."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 79A.15.010, 79A.15.030, 79A.15.040, 79A.15.050, 79A.15.060, 79A.15.070, 79A.15.080, 84.33.140, and 77.12.203; adding new sections to chapter 79A.15 RCW; adding a new section to chapter 79.70 RCW; adding a new section to chapter 79.71 RCW; creating new sections; providing effective dates; providing an expiration date; and declaring an emergency."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5396.
Senator Jacobsen spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5396.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5396.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5396, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5396, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, 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 Zarelli - 45
Voting nay: Senator McCaslin - 1
Absent: Senator Benton - 1
Excused: Senators Delvin and Oke - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 5396, 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
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 6096, by Senators Poulsen, Fraser and Prentice
Generating revenues to fund Initiative No. 728. Revised for 1st Substitute: Generating new tax revenues to provide education funding.
The measure was read the second time.
MOTION
On motion of Senator Prentice, Substitute Senate Bill No. 6096 was not substituted for Engrossed Senate Bill No. 6096 and the substitute bill was not adopted.
Senator Johnson: “Mr. President, a ruling is requested as to whether passage of this bill, Senate Bill No. 6096, would require two-thirds vote or a simple majority. I can elaborate on that now, or as the President wishes. Today, about seven or eight hours ago, the Washington Farm Bureau filed a referendum to overturn Substitute Senate Bill No. 6078. 6078 is the bill that rolled back, or, if you prefer, repealed Initiative 601. It’s asserted that 6078 has an emergency clause, though a referendum was filed with the Secretary of State. I have a stamped copy to provide the President of that referendum filed today. It’s asserted that, while it has an emergency clause, it’s invalid on its face. An emergency clause is to be used when the immediate peace, health or safety or the support of state government is threatened. None of those is the case here. In addition to that, Mr. President, Substitute Senate Bill No. 6078 does not comply with Article 2, Section 37 of the Constitution, which was also one of the basises for the downfall of Initiative 695. That constitutional provision states that, ‘No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length.’ That isn’t what happened in Senate Bill No. 6078. Therefore, I request a ruling that two-thirds vote would be required to pass this bill, Senate Bill No. 6096.”
Senator Rockefeller spoke against the point of order.
Senator Johnson: “We’re going to move forward on the amendments while we’re waiting for the ruling to be written up.”
The President declared the question before the Senate to be the motion by Senator Prentice that the bill not be substituted.
The motion by Senator Prentice carried by voice vote.
MOTION
Senator Doumit moved that the following striking amendment by Senator Prentice be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that on February 3, 2005, the Washington state supreme court decided in Estate of Hemphill v. Dep't of Rev., Docket No. 74974-4, that Washington's estate tax is tied to the current federal Internal Revenue Code. The legislature finds that the revenue loss resulting from the Hemphill decision will severely affect the legislature's ability to fund programs vital to the peace, health, safety, and support of the citizens of this state. The legislature intends to address the adverse fiscal impact of the Hemphill decision and provide funding for education by creating a stand-alone state estate tax.
Sec. 2. RCW 83.100.020 and 2001 c 320 s 15 are each amended to read as follows:
As used in this chapter:
(1) "Decedent" means a deceased individual;
(2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;
(3) (("Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;
(4))) "Federal return" means any tax return required by chapter 11 ((or 13)) of the Internal Revenue Code;
(((5))) (4) "Federal tax" means (((a) for a transfer,)) a tax under chapter 11 of the Internal Revenue Code; ((and (b) for a generation- skipping transfer, the tax under chapter 13 of the Internal Revenue Code;
(6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;
(7))) (5) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;
(((8) "Nonresident" means a decedent who was domiciled outside Washington at his death;
(9))) (6) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;
(((10))) (7) "Person required to file the federal return" means any person required to file a return required by chapter 11 ((or 13)) of the Internal Revenue Code, such as the personal representative of an estate((; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code));
(((11))) (8) "Property" means (((a) for a transfer,)) property included in the gross estate((; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax));
(((12))) (9) "Resident" means a decedent who was domiciled in Washington at time of death;
(((13))) (10) "Taxpayer" means a person upon whom tax is imposed under this chapter, including an estate or a person liable for tax under RCW 83.100.120;
(11) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code((, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code)). However, "transfer" does not include a qualified heir disposing of an interest in property qualifying for a deduction under section 4 of this act or ceasing to use the property for farming purposes;
(((14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and
(15))) (12) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered as of January 1, ((2001)) 2005;
(13) "Washington taxable estate" means the federal taxable estate, less: (a) One million five hundred thousand dollars for decedents dying before January 1, 2006; and (b) two million dollars for decedents dying on or after January 1, 2006; and (c) the amount of any deduction allowed under section 4 of this act; and
(14) "Federal taxable estate" means the taxable estate as determined under chapter 11 of the Internal Revenue Code without regard to: (a) The termination of the federal estate tax under section 2210 of the Internal Revenue Code or any other provision of law, and (b) the deduction for state estate, inheritance, legacy, or succession taxes allowable under section 2058 of the Internal Revenue Code.
Sec. 3. RCW 83.100.040 and 1988 c 64 s 4 are each amended to read as follows:
(1) A tax in an amount computed as provided in this section is imposed on every transfer of property located in Washington ((of every nonresident)). For the purposes of this section, any intangible property owned by a resident is located in Washington.
(2) ((The tax shall be computed by multiplying the federal credit by a fraction, the numerator of which is the value of the property located in Washington, and the denominator of which is the value of the decedent's gross estate.
(3) The transfer of the property of a nonresident is exempt from the tax imposed by this section to the extent that the property of residents is exempt from taxation under the laws of the state in which the nonresident is domiciled.)) (a) Except as provided in (b) of this subsection, the amount of tax is the amount provided in the following table:
If Washington Taxable |
The amount of Tax Equals |
Of Washington Taxable Estate Value Greater than |
||
Estate is at least |
But Less Than |
Initial Tax Amount |
Plus Tax Rate % |
|
$0 |
$1,000,000 |
$0 |
10.00% |
$0 |
$1,000,000 |
$2,000,000 |
$100,000 |
14.00% |
$1,000,000 |
$2,000,000 |
$3,000,000 |
$240,000 |
15.00% |
$2,000,000 |
$3,000,000 |
$4,000,000 |
$390,000 |
16.00% |
$3,000,000 |
$4,000,000 |
$6,000,000 |
$550,000 |
17.00% |
$4,000,000 |
$6,000,000 |
$7,000,000 |
$890,000 |
18.00% |
$6,000,000 |
$7,000,000 |
$9,000,000 |
$1,070,000 |
18.50% |
$7,000,000 |
Above $9,000,000 |
|
$1,440,000 |
19.00% |
Above $9,000,000 |
(b) If any property in the decedent's estate is located outside of Washington, the amount of tax is the amount determined in (a) of this subsection multiplied by a fraction. The numerator of the fraction is the value of the property located in Washington. The denominator of the fraction is the value of the decedent's gross estate. Property qualifying for a deduction under section 4 of this act shall be excluded from the numerator and denominator of the fraction.
(3) The tax imposed under this section is a stand-alone estate tax that incorporates only those provisions of the Internal Revenue Code as amended or renumbered as of January 1, 2005, that do not conflict with the provisions of this chapter. The tax imposed under this chapter is independent of any federal estate tax obligation and is not affected by termination of the federal estate tax.
NEW SECTION. Sec. 4. A new section is added to chapter 83.100 RCW to read as follows:
(1) For the purposes of determining the Washington taxable estate, a deduction is allowed from the federal taxable estate for the value of qualified real property and the value of any tangible personal property used primarily for farming purposes conducted on the qualified real property, reduced by any amounts allowable as a deduction in respect of the qualified real property and tangible personal property under section 2053(a)(4) of the Internal Revenue Code, if the decedent was at the time of his or her death a citizen or resident of the United States. For the purposes of determining the deduction amount, the value of property is its value as used to determine the value of the gross estate.
(2) Property shall be considered to have been acquired from or to have passed from the decedent if:
(a) The property is so considered under section 1014(b) of the Internal Revenue Code;
(b) The property is acquired by any person from the estate; or
(c) The property is acquired by any person from a trust, to the extent the property is includible in the gross estate of the decedent.
(3) If the decedent and the decedent's surviving spouse at any time held qualified real property as community property, the interest of the surviving spouse in the property shall be taken into account under this section to the extent necessary to provide a result under this section with respect to the property which is consistent with the result which would have obtained under this section if the property had not been community property.
(4) In the case of any qualified woodland, the value of trees growing on the woodland may be deducted if otherwise qualified under this section.
(5) If property is qualified real property with respect to a decedent, hereinafter in this subsection referred to as the "first decedent," and the property was acquired from or passed from the first decedent to the surviving spouse of the first decedent, active management of the farm by the surviving spouse shall be treated as material participation by the surviving spouse in the operation of the farm.
(6) Property owned indirectly by the decedent may qualify for a deduction under this section if owned through an interest in a corporation, partnership, or trust as the terms corporation, partnership, or trust are used in section 2032A(g) of the Internal Revenue Code. In order to qualify for a deduction under this subsection, the interest, in addition to meeting the other tests for qualification under this section, must qualify under section 6166(b)(1) of the Internal Revenue Code as an interest in a closely held business on the date of the decedent's death and for sufficient other time, combined with periods of direct ownership, to equal at least five years of the eight-year period preceding the death.
(7)(a) If, on the date of the decedent's death, the requirements of subsection (10)(f)(i)(C)(II) of this section with respect to the decedent for any property are not met, and the decedent (i) was receiving old age benefits under Title II of the social security act for a continuous period ending on such date, or (ii) was disabled for a continuous period ending on this date, then subsection (10)(f)(i)(C)(II) of this section shall be applied with respect to the property by substituting "the date on which the longer of such continuous periods began" for "the date of the decedent's death" in subsection (10)(f)(i)(C) of this section.
(b) For the purposes of (a) of this subsection, an individual shall be disabled if the individual has a mental or physical impairment which renders that individual unable to materially participate in the operation of the farm.
(8) Property may be deducted under this section whether or not special valuation is elected under section 2032A of the Internal Revenue Code on the federal return.
(9)(a) In the case of any qualified replacement property, any period during which there was ownership, qualified use, or material participation with respect to the replaced property by the decedent or any member of the decedent's family shall be treated as a period during which there was ownership, use, or material participation, as the case may be, with respect to the qualified replacement property.
(b) Subsection (9)(a) of this section shall not apply to the extent that the fair market value of the qualified replacement property, as of the date of its acquisition, exceeds the fair market value of the replaced property, as of the date of its disposition.
(c) For the purposes of this subsection (9), the following definitions apply:
(i) "Qualified replacement property" means any real property:
(A) Which is acquired in an exchange which qualifies under section 1031 of the Internal Revenue Code; or
(B) The acquisition of which results in the nonrecognition of gain under section 1033 of the Internal Revenue Code.
The term "qualified replacement property" only includes property which is used for the same qualified use as the replaced property was being used before the exchange.
(ii) "Replaced property" means the property was:
(A) Transferred in the exchange which qualifies under section 1031 of the Internal Revenue Code; or
(B) Compulsorily or involuntarily converted within the meaning of section 1033 of the Internal Revenue Code.
(10) For the purposes of this section, the following definitions apply:
(a) "Active management" means the making of the management decisions of a farm, other than the daily operating decisions.
(b) "Farm" includes stock, dairy, poultry, fruit, furbearing animal, and truck farms; plantations; ranches; nurseries; ranges; greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities; and orchards and woodlands.
(c) "Farming purposes" means:
(i) Cultivating the soil or raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of animals on a farm;
(ii) Handling, drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its unmanufactured state, but only if the owner, tenant, or operator of the farm regularly produces more than one-half of the commodity so treated; and
(iii)(A) The planting, cultivating, caring for, or cutting of trees; or
(B) The preparation, other than milling, of trees for market.
(d) "Member of the family" means, with respect to any individual, only:
(i) An ancestor of the individual;
(ii) The spouse of the individual;
(iii) A lineal descendant of the individual, of the individual's spouse, or of a parent of the individual; or
(iv) The spouse of any lineal descendant described in (d)(iii) of this subsection.
For the purposes of this subsection (10)(d), a legally adopted child of an individual shall be treated as the child of such individual by blood.
(e) "Qualified heir" means, with respect to any property, a member of the decedent's family who acquired property, or to whom property passed, from the decedent.
(f)(i) "Qualified real property" means real property which was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being used for a qualified use by the decedent or a member of the decedent's family, but only if:
(A) Fifty percent or more of the adjusted value of the gross estate consists of the adjusted value of real or personal property which:
(I) On the date of the decedent's death, was being used for a qualified use by the decedent or a member of the decedent's family; and
(II) Was acquired from or passed from the decedent to a qualified heir of the decedent;
(B) Twenty-five percent or more of the adjusted value of the gross estate consists of the adjusted value of real property which meets the requirements of (f)(i)(A)(II) and (f)(i)(C) of this subsection; and
(C) During the eight-year period ending on the date of the decedent's death there have been periods aggregating five years or more during which:
(I) The real property was owned by the decedent or a member of the decedent's family and used for a qualified use by the decedent or a member of the decedent's family; and
(II) There was material participation by the decedent or a member of the decedent's family in the operation of the farm. For the purposes of this subsection (f)(i)(C)(II), material participation shall be determined in a manner similar to the manner used for purposes of section 1402(a)(1) of the Internal Revenue Code.
(ii) For the purposes of this subsection, the term "adjusted value" means:
(A) In the case of the gross estate, the value of the gross estate, determined without regard to any special valuation under section 2032A of the Internal Revenue Code, reduced by any amounts allowable as a deduction under section 2053(a)(4) of the Internal Revenue Code; or
(B) In the case of any real or personal property, the value of the property for purposes of chapter 11 of the Internal Revenue Code, determined without regard to any special valuation under section 2032A of the Internal Revenue Code, reduced by any amounts allowable as a deduction in respect of such property under section 2053(a)(4) of the Internal Revenue Code.
(g) "Qualified use" means the property is used as a farm for farming purposes. In the case of real property which meets the requirements of (f)(i)(C) of this subsection, residential buildings and related improvements on the real property occupied on a regular basis by the owner or lessee of the real property or by persons employed by the owner or lessee for the purpose of operating or maintaining the real property, and roads, buildings, and other structures and improvements functionally related to the qualified use shall be treated as real property devoted to the qualified use.
(h) "Qualified woodland" means any real property which:
(i) Is used in timber operations; and
(ii) Is an identifiable area of land such as an acre or other area for which records are normally maintained in conducting timber operations.
(i) "Timber operations" means:
(i) The planting, cultivating, caring for, or cutting of trees; or
(ii) The preparation, other than milling, of trees for market.
Sec. 5. RCW 83.100.050 and 1988 c 64 s 6 are each amended to read as follows:
(1) ((The)) A Washington return must be filed if: (a) A federal return is required to be filed; or (b) for decedents dying prior to January 1, 2006, the gross estate exceeds one million five hundred thousand dollars; or (c) for decedents dying on or after January 1, 2006, the gross estate exceeds two million dollars.
(2)(a) A person required to file ((the)) a federal return shall file with the department on or before the date the federal return is required to be filed, including any extension of time for filing ((the federal return:
(a))) under subsection (4) of this section, a Washington return for the tax due under this chapter((; and
(b) A copy of the federal return.
No Washington return need be filed if no federal return is required)).
(b) If no federal return is required to be filed, a taxpayer shall file with the department on or before the date a federal return would have been required to be filed, including any extension of time for filing under subsection (5) of this section, a Washington return for the tax due under this chapter.
(3) A Washington return delivered to the department by United States mail shall be considered to have been received by the department on the date of the United States postmark stamped on the cover in which the return is mailed, if the postmark date is within the time allowed for filing the Washington return, including extensions.
(((2))) (4) In addition to the Washington return required to be filed in subsection (2) of this section, a person, if required to file a federal return, shall file with the department on or before the date the federal return, is required to be filed a copy of the federal return along with all supporting documentation. If the person required to file the federal return has obtained an extension of time for filing the federal return, the person shall file the Washington return within the same time period and in the same manner as provided for the federal return. A copy of the federal extension shall be filed with the department on or before the date the Washington return is due, not including any extension of time for filing, or within thirty days of issuance, whichever is later.
(5) A person who is required to file a Washington return under subsection (2) of this section, but is not required to file a federal return, may obtain an extension of time for filing the Washington return as provided by rule of the department.
Sec. 6. RCW 83.100.060 and 1988 c 64 s 7 are each amended to read as follows:
(1) The taxes imposed by this chapter shall be paid by the person required to file ((the federal)) a Washington return on or before the date the Washington return is required to be filed under RCW 83.100.050, not including any extension of time for filing. Payment delivered to the department by United States mail shall be considered to have been received by the department on the date of the United States postmark stamped on the cover in which payment is mailed, if the postmark date is within the time allowed for making the payment, including any extensions.
(2) If the person ((required to file the federal return)) has obtained an extension of time for payment of the federal tax or has elected to pay such tax in installments, the person may elect to pay the tax imposed by this chapter within the same time period and in the same manner as provided for payment of the federal tax. A copy of the federal extension shall be filed on or before the date the tax imposed by this chapter is due, not including any extension of time for payment, or within thirty days of issuance, whichever is later.
(3) A person who is required to file a Washington return under RCW 83.100.050, but is not required to file a federal return, may obtain an extension of time for payment of the Washington tax or elect to pay such tax in installments as provided by rule of the department.
(4) The periods of limitation in RCW 83.100.130 and section 14 of this act shall extend an additional three years beyond the due date of the last scheduled installment payment authorized under this section.
Sec. 7. RCW 83.100.070 and 2000 c 105 s 1 are each amended to read as follows:
(1) For periods before January 2, 1997, any tax due under this chapter which is not paid by the due date under RCW 83.100.060(1) shall bear interest at the rate of twelve percent per annum from the date the tax is due until the date of payment.
(2) Interest imposed under this section for periods after January 1, 1997, shall be computed at the rate as computed under RCW 82.32.050(2). The rate so computed shall be adjusted on the first day of January of each year.
(3)(a) If the Washington return is not filed when due under RCW 83.100.050 and the person required to file the ((federal)) Washington return under RCW 83.100.050 voluntarily ((reports the filing and)) files ((both)) the ((state and federal estate tax returns)) Washington return with the department before the department notifies the person in writing that the department has determined that the person has not filed a Washington return, no penalty is imposed on the person required to file the ((federal)) Washington return.
(b) If the Washington return is not filed when due under RCW 83.100.050 and the person required to file the ((federal)) Washington return under RCW 83.100.050 does not file a return with the department before the department notifies the person in writing that the department has determined that the person has not filed a ((state estate tax)) Washington return, the person required to file the ((federal)) Washington return shall pay, in addition to interest, a penalty equal to five percent of the tax due for each month after the date the return is due until filed. However, in no instance may the penalty exceed the lesser of twenty-five percent of the tax due or one thousand five hundred dollars.
(c) If the department finds that a return due under this chapter has not been filed by the due date, and the delinquency was the result of circumstances beyond the control of the responsible person, the department shall waive or cancel any penalties imposed under this chapter with respect to the filing of such a tax return. The department shall adopt rules for the waiver or cancellation of the penalties imposed by this section.
Sec. 8. RCW 83.100.090 and 1988 c 64 s 10 are each amended to read as follows:
Notwithstanding the periods of limitation in section 14 of this act and RCW 83.100.130:
(1) If the person required to file the ((federal)) Washington return under RCW 83.100.050 files an amended federal return, that person shall immediately file with the department an amended Washington return with a copy of the amended federal return. If the amended Washington return requires payment of an additional tax under this chapter, the tax shall be paid in accordance with RCW 83.100.060 and interest shall be paid in accordance with RCW 83.100.070.
(2) Upon any adjustment in, or final determination of, the amount of federal tax due, the person required to file the ((federal)) Washington return under RCW 83.100.050 shall notify the department in writing within ((sixty)) one hundred twenty days after the adjustment or final determination. If the adjustment or final determination requires payment of an additional tax under this chapter, the tax shall be paid in accordance with RCW 83.100.060 and interest shall be paid in accordance with RCW 83.100.070.
(3) If the department determines the amended Washington return, adjustment, or final determination requires payment of an additional tax under this chapter, the department may assess against the taxpayer an additional amount found to be due within one year of receipt of the amended Washington return or written notice as required by this section, or at any time if no amended Washington return is filed or notice is provided as required by this section. The execution of a written waiver at the request of the department by the person required to file the Washington return under RCW 83.100.050 may extend this limitation. Interest shall be added to the amount of tax assessed by the department in accordance with RCW 83.100.070. The department shall notify the taxpayer by mail of the additional amount, and the additional amount shall become due and shall be paid within thirty days from the date of the notice, or within such further time as the department may provide.
(4) If the department determines the amended Washington return, adjustment, or final determination requires the refund of overpaid tax, penalties, or interest under this chapter, the department shall refund the amount of the overpayment with interest in accordance with RCW 83.100.130. The person required to file the Washington return under RCW 83.100.050 shall provide the department with any additional information or supporting documents necessary to determine if a refund is due. The execution of a written waiver to extend the period for assessment under subsection (3) of this section shall extend the time for making a refund, if prior to the expiration of the waiver period an application for refund of the taxes is made by the person required to file the Washington return under RCW 83.100.050, or the department discovers a refund is due.
Sec. 9. RCW 83.100.110 and 1988 c 64 s 11 are each amended to read as follows:
(1) Unless any tax due under this chapter is sooner paid in full, it shall be a lien upon the property subject to the tax for a period of ten years from the date of the transfer ((or the generation-skipping transfer)), except that any part of the property which is used for the payment of claims against the property or expenses of its administration, allowed by any court having jurisdiction thereof, shall be divested of the lien. Liens created under this subsection shall be qualified as follows:
(a) Any part of the property subject to the tax which is sold to a bona fide purchaser shall be divested of the lien and the lien shall be transferred to the proceeds of the sale; and
(b) The lien shall be subordinate to any mortgage or deed of trust on the property pursuant to an order of court for payment of claims against the property or expenses of administration. The lien shall attach to any proceeds from the sale of the property in excess of the obligations secured by the mortgage or deed of trust and the expenses of sale, including a reasonable charge by the trustee and by his or her attorney where the property has been sold by a nonjudicial trustee's sale pursuant to chapter 61.24 RCW, and including court costs and any attorneys' fees awarded by the superior court of the county in which the property is sold at sheriff's sale pursuant to a judicial foreclosure of the mortgage or deed of trust.
(2) If the person required to file the ((federal)) Washington return under RCW 83.100.050 has obtained an extension of time for payment of the ((federal)) tax or has elected to pay such tax in installments, the tax lien under this section shall be extended as necessary to prevent its expiration prior to twelve months following the expiration of any such extension or the installment.
(3) The tax lien shall be extended as necessary to prevent its expiration prior to twelve months following the conclusion of litigation of any question affecting the determination of the amount of tax due if a lis pendens has been filed with the auditor of the county in which the property is located.
Sec. 10. RCW 83.100.130 and 1997 c 157 s 6 are each amended to read as follows:
(1) ((Whenever)) If, upon receipt of an application by a taxpayer for a refund, or upon examination of the returns or records of any taxpayer, the department determines that within the statutory period for assessment of taxes, penalties, or interest prescribed by section 14 of this act a person required to file the ((federal)) Washington return under RCW 83.100.050 has overpaid the tax due under this chapter, the department shall refund the amount of the overpayment, together with interest ((at the then existing rate under RCW 83.100.070(1))) as provided in subsection (2) of this section. If the application for refund, with supporting documents, is filed within ((four months)) one hundred twenty days after an adjustment or final determination of federal tax liability, the department shall pay interest until the date the refund is mailed. If the application for refund, with supporting documents, is filed after ((four months)) one hundred twenty days after the adjustment or final determination, the department shall pay interest only until the end of the ((four-month)) one hundred twenty-day period.
(2) Interest refunded under this section for periods before January 2, 1997, shall be computed at the rate provided in RCW 83.100.070(1). Interest refunded under this section for periods after January 1, 1997, through December 31, 1998, shall be computed on a daily basis at the rate as computed under RCW 82.32.050(2) less one percentage point. Interest allowed for periods after December 31, 1998, shall be computed at the rate as computed under RCW 82.32.050(2). Except as provided in subsection (1) of this section, interest shall be refunded from the date of overpayment until the date the refund is mailed. The rate so computed shall be adjusted on the first day of January of each year.
(3) Except as otherwise provided in subsection (4) of this section and RCW 83.100.090, no refund shall be made for taxes, penalties, or interest paid more than four years prior to the beginning of the calendar year in which the refund application is made or an examination of records is complete.
(4) The execution of a written waiver under section 14 of this act shall extend the time for making a refund if, prior to the expiration of the waiver period, an application for refund is made by the taxpayer or the department discovers a refund is due.
(5) An application for refund shall be on a form prescribed by the department and shall contain any information and supporting documents the department requires.
Sec. 11. RCW 83.100.140 and 1988 c 64 s 13 are each amended to read as follows:
Any person required to file the ((federal)) Washington return who ((wilfully)) willfully fails to file a Washington return when required by this chapter or who ((wilfully)) willfully files a false return commits a gross misdemeanor as defined in Title 9A RCW and shall be punished as provided in Title 9A RCW for the perpetration of a gross misdemeanor.
Sec. 12. RCW 83.100.150 and 1988 c 64 s 14 are each amended to read as follows:
(((1))) The department may collect the estate tax imposed under RCW ((83.100.030 and)) 83.100.040, including interest and penalties, and shall represent this state in all matters pertaining to the same, either before courts or in any other manner. At any time after the Washington return is due, the department may file its findings regarding the amount of the tax((, the federal credit)) computed as provided in RCW 83.100.040, the person required to file the ((federal)) Washington return under RCW 83.100.050, and all persons having an interest in property subject to the tax with the clerk of the superior court in the matter of the estate of the decedent or, if no probate or administration proceedings have been commenced in any court of this state, of the superior court for the county in which the decedent was a resident, if the resident was a domiciliary, or, if the decedent was a nondomiciliary, of any superior court which has jurisdiction over the property. Such a court first acquiring jurisdiction shall retain jurisdiction to the exclusion of every other court.
(((2) The department may collect the generation-skipping transfer tax under RCW 83.100.045, including interest and penalties, and shall represent this state in all matters pertaining to the same, either before courts or in any other manner. At any time after the Washington return is due, the department may file its findings regarding the amount of the tax, the federal credit, the person required to file the federal return, and all persons having an interest in property subject to the tax with the clerk of the superior court in the matter of the trust or the estate of the decedent, if any, or, if no trust, probate or administration proceedings have been commenced in any court of this state, of any superior court which has jurisdiction over the property. Such a court first acquiring jurisdiction shall retain jurisdiction to the exclusion of every other court.))
NEW SECTION. Sec. 13. A new section is added to chapter 83.100 RCW to read as follows:
(1) If the federal taxable estate on the federal return is determined by making an election under section 2056 or 2056A of the Internal Revenue Code, or if no federal return is required to be filed, the department may provide by rule for a separate election on the Washington return, consistent with section 2056 or 2056A of the Internal Revenue Code, for the purpose of determining the amount of tax due under this chapter. The election shall be binding on the estate and the beneficiaries, consistent with the Internal Revenue Code. All other elections or valuations on the Washington return shall be made in a manner consistent with the federal return, if a federal return is required, and such rules as the department may provide.
(2) Amounts deducted for federal income tax purposes under section 642(g) of the Internal Revenue Code of 1986, shall not be allowed as deductions in computing the amount of tax due under this chapter.
NEW SECTION. Sec. 14. A new section is added to chapter 83.100 RCW to read as follows:
(1) If upon examination of any returns or from other information obtained by the department it appears that a tax or penalty has been paid less than that properly due, the department shall assess against the taxpayer an additional amount found to be due and shall add interest as provided in RCW 83.100.070 on the tax only. The department shall notify the taxpayer by mail of the additional amount, and the additional amount shall become due and shall be paid within thirty days from the date of the notice, or within such further time as the department may provide.
(2) Interest shall be computed from the original due date of the Washington return until the due date of the notice. If payment in full is not made by the due date of the notice, additional interest shall be computed until the date of payment.
(3) No assessment or correction of an assessment for additional taxes, penalties, or interest due may be made by the department more than four years after the close of the calendar year in which a Washington return is due under this chapter, including any extension of time for filing, except upon a showing of fraud or of misrepresentation of a material fact by the taxpayer or as provided under subsection (4) or (5) of this section or as otherwise provided in this chapter.
(4) For persons liable for tax under RCW 83.100.120, the period for assessment or correction of an assessment shall extend an additional three years beyond the period described in subsection (3) of this section.
(5) A taxpayer may extend the periods of limitation under subsection (3) or (4) of this section by executing a written waiver. The execution of the waiver shall also extend the period for making a refund as provided in RCW 83.100.130.
Sec. 15. RCW 83.100.210 and 1996 c 149 s 18 are each amended to read as follows:
(1) The following provisions of chapter 82.32 RCW have full force and application with respect to the taxes imposed under this chapter unless the context clearly requires otherwise: RCW 82.32.110, 82.32.120, 82.32.130, 82.32.320, and 82.32.340. The definitions in this chapter have full force and application with respect to the application of chapter 82.32 RCW to this chapter unless the context clearly requires otherwise.
(2) The department may enter into closing agreements as provided in RCW 82.32.350 and 82.32.360.
NEW SECTION. Sec. 16. A new section is added to chapter 83.100 RCW to read as follows:
All receipts from taxes, penalties, interest, and fees collected under this chapter must be deposited into the education legacy trust account.
NEW SECTION. Sec. 17. A new section is added to chapter 83.100 RCW to read as follows:
This act shall be liberally construed to carry out the legislature's intent to impose a stand-alone Washington estate tax to provide funding for education.
NEW SECTION. Sec. 18. The following acts or parts of acts are each repealed:
(1) RCW 83.100.030 (Residents--Estate tax imposed--Credit for tax paid other state) and 1988 c 64 s 3 & 1981 2nd ex.s. c 7 s 83.100.030; and
(2) RCW 83.100.045 (Generation-skipping transfers--Tax imposed--Credit for tax paid to another state) and 1988 c 64 s 5.
NEW SECTION. Sec. 19. The repealed sections in section 18 of this act do not affect any existing right acquired or liability or obligation incurred under the statutes repealed or under any rule or order adopted under those statutes nor do they affect any proceeding instituted under them.
Sec. 20. RCW 83.100.010 and 1988 c 64 s 1 are each amended to read as follows:
This chapter may be cited as the "Estate and Transfer Tax Act ((of 1988))."
NEW SECTION. Sec. 21. This act applies prospectively only and not retroactively. Sections 2 through 18 of this act apply only to estates of decedents dying on or after the effective date of this section.
NEW SECTION. Sec. 22. 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. 23. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTION
Senator Johnson moved that the following amendment by Senators Johnson and Zarelli to the striking amendment be adopted.
On page 3, line 5, beginning with ": (a)" strike every thing through "act" on line 8, and insert "the applicable exclusion amount in section 2010(c) of the Internal Revenue Code and less the amount of any deduction allowed under section 4 of this act"
On page 3, line 11, beginning with ": (a)" strike everything through "(b)" on line 12
On page 4, line 18, beginning with "The tax" strike everything through "tax" on line 20, and insert "No tax under this section is imposed for estates of decedents dying after December 31, 2009, and before January 1, 2011"
On page 9, line 14, beginning with ": (a)" strike everything through "dollars" on line 18, and insert "a federal return is required to be filed"
On page 16, line 24, beginning with "If" strike everything through "Provide" on line 34, and insert "All elections or valuations on the Washington return shall be made in a manner consistent with the federal return"
Renumber the sections consecutively and correct any internal references accordingly.
Senator Johnson spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Johnson and Zarelli on page 3, line 5 to the striking amendment to Senate Bill No. 6096.
MOTION
A division was demanded.
The motion by Senator Johnson failed and the amendment to the striking amendment was not adopted by a rising voice vote.
MOTION
Senator Johnson moved that the following amendment by Senators Johnson and Zarelli to the striking amendment be adopted.
On page 3, line 8, strike "section 4" and insert "section 4 or 5"
One page 4, line 13, strike "section 4" and insert "section 4 or 5"
On page 9, after line 11, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 83.100 RCW to read as follows:
For the purposes of determining the Washington taxable estate, a deduction is allowed from the federal taxable estate for the first five hundred thousand dollars in value of real property that is the primary residence of the decedent, reduced by any amounts allowable as a deduction for the primary residence under section 2053(a)(4) of the Internal Revenue Code. "Residence" shall have the same meaning as in RCW 84.36.383, except for the limitation on acreage. The deduction under this subsection is not allowed if the value of the primary residence is already deductible from the decedent's gross estate under any other provision of this chapter or any provision of the Internal Revenue Code."
Renumber the sections consecutively and correct any internal references accordingly.
Senator Johnson spoke in favor of adoption of the amendment to the striking amendment.
Senator Weinstein spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senators Johnson and Zarelli on page 3, line 8 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senators Johnson and Zarelli, on page 3, line 8 to the striking amendment to Senate Bill No. 6096 and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Absent: Senator McCaslin - 1
Excused: Senators Delvin and Oke - 2
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and Johnson to the striking amendment be adopted.
On page 3, line 8, strike "section 4" and insert "section 4 or 5"
One page 4, line 13,strike "section 4" and insert "section 4 or 5"
On page 9, after line 11, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 83.100 RCW to read as follows:
(1) For the purposes of determining the Washington taxable estate, a deduction is allowed from the federal taxable estate of up to one million dollars for the adjusted value of qualified family-owned business interests of the decedent determined as provided in section 2057(d) of the Internal Revenue Code. This deduction applies only if the requirements of section 2057(b)(1)(A), (C), and (D) of the Internal Revenue Code are met and the qualified family-owned business interest is acquired by any qualified heir from, or passed to any qualified heir from, the decedent, within the meaning of section 2032A(e)(9) of the Internal Revenue Code. Only property in the federal taxable estate and not deductible under section 4 of this act may be deducted under this subsection. For the purposes of determining the deduction amount, the value of property is its value as used to determine the value of the gross estate. For purposes of this subsection, the following definitions apply:
(i) "Qualified family-owned business interest" has the same meaning as in section 2057(e) of the Internal Revenue Code."
(ii) “Qualified heir” has the same meaning as in section 2057(i) of the Internal Revenue Code.
(2)The one million dollar maximum deduction in this section shall grow each year by the previous calendar year's annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the index in this section."
Renumber the sections consecutively and correct any internal references accordingly.
Senators Zarelli and Johnson spoke in favor of adoption of the amendment to the striking amendment.
Senators Doumit and Brown spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
MOTION
On motion of Senator Hewitt, Senator McCaslin was excused.
The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and Johnson on page 3, line 8 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senators Zarelli and Johnson to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
MOTION
Senator Schoesler moved that the following amendment by Senator Schoesler to the striking amendment be adopted.
On page 3, line 8, following "act" insert ". The amounts referenced in (b) and (c) of this subsection, including any deductions allowed under this chapter, shall grow each year by the previous fiscal year's fiscal growth factor as identified in RCW 43.135.025"
Renumber the sections consecutively and correct any internal references accordingly.
Senator Schoesler spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Schoesler on page 3, line 8 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Schoesler to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
MOTION
Senator Sheldon moved that the following amendment by Senators Sheldon and Swecker to the striking amendment be adopted.
On page 7, line 6, after "agricultural" insert ", aquacultural,"
On page 7, line 15, strike "and"
On page 7, after line 15, insert the following:
"(iii) The growing, farming, or cultivating of aquatic products in marine or freshwaters including shell fish and fin fish; and"
Renumber the sections consecutively and correct any internal references accordingly.
Senators Sheldon and Swecker spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senators Sheldon and Swecker on page 7, line 6 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senators Sheldon and Swecker to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
MOTION
Senator Sheldon moved that the following amendment by Senator Sheldon to the striking amendment be adopted.
On page 7, line 6, after "agricultural" insert ", aquacultural,"
On page 7, line 15, strike "and"
On page 7, after line 15, insert the following:
"(iii) The growing, farming, or cultivating of shellfish; and"
Renumber the sections consecutively and correct any internal references accordingly.
Senator Sheldon spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Sheldon on page 7, line 6 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Sheldon to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
MOTION
Senator Doumit moved that the following amendment by Senators Doumit, Johnson and Zarelli to the striking amendment be adopted.
On page 18, beginning on line 11, strike all of Section 17.
Renumber the sections consecutively and correct any internal references accordingly.
Senators Doumit and Johnson spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Doumit, Johnson and Zarelli on page 18, line 11 to the striking amendment to Senate Bill No. 6096.
The motion by Senator Doumit carried and the amendment to the striking amendment was adopted by voice vote.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and Johnson to the striking amendment be adopted.
On page 19, line 8, strike all of section 23 and insert the following:
"NEW SECTION. Sec. 23. The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."
Renumber the sections consecutively and correct any internal references accordingly.
On page 19, line 17 of the title amendment, strike "declaring an emergency" and insert "providing for submission of this act to a vote of the people"
Senators Zarelli, Schoesler, Pflug, Honeyford and Benton spoke in favor of adoption of the amendment to the striking amendment.
Senators Doumit, Brown and Weinstein spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and Johnson on page 19, line 8 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senators Zarelli and Johnson to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
MOTION
Senator Esser moved that the following amendment by Senator Esser to the striking amendment be adopted.
On page 19, beginning on line 12 of the title amendment, after "page 1," strike all material through "amending" on line 13, and insert "line 1 of the title, after "Relating to" strike the remainder of the title and insert "instituting the death tax; amending"
Renumber the sections consecutively and correct any internal references accordingly.
Senators Esser, Roach, Zarelli, Schoesler, Sheldon, Deccio, Stevens and Finkbeiner spoke in favor of adoption of the amendment to the striking amendment.
Senators Kline, Keiser, Kohl-Welles, Rockefeller, Fairley, Weinstein and Brown spoke against adoption of the amendment to the striking amendment.
POINT OF ORDER
Senator Eide: “This is completely uncalled for and not on the issue on hand.”
REPLY BY THE PRESIDENT
President Owen: “Senator Eide, I think you’re correct. Besides, my recollection was there’s a question about who those dead people voted for.”
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 19, line 12 to the striking amendment to Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Esser to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators Delvin, McCaslin and Oke - 3
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Prentice as amended to Senate Bill No. 6096.
The motion by Senator Doumit carried and the striking amendment as amended 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 "funding;" strike the remainder of the title and insert "amending RCW 83.100.020, 83.100.040, 83.100.050, 83.100.060, 83.100.070, 83.100.090, 83.100.110, 83.100.130, 83.100.140, 83.100.150, 83.100.210, and 83.100.010; adding new sections to chapter 83.100 RCW; creating new sections; repealing RCW 83.100.030 and 83.100.045; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6096 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.
Senator Johnson spoke against passage of the bill.
MOTION TO LIMIT DEBATE
Senator Eide: “Mr. President. I move, pursuant to Rule 29, that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through April 24, 2005.”
The President declared the question before the Senate to be the motion by Senator Eide to limit debate pursuant to Rule 29.
The motion by Senator Eide carried and debate was limited through April 24, 2005 by voice vote.
Senators Franklin, Kohl-Welles, Doumit, Shin, Fairley, McAuliffe and Kline spoke in favor of passage of the bill.
Senators Zarelli, Deccio, Mulliken, Schoesler, Benton and Benson spoke against the passage of the bill.
MOTION
Senator Jacobsen demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
The motion by Senator Jacobsen that the previous question be put carried by voice vote.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of inquiry raised by Senator Johnson as to whether Senate Bill 6096 takes a simple majority or a two-thirds vote on final passage, the President finds and rules as follows:
Senator Johnson essentially argues that statutes enacted by Initiative No. 601 are still in force and effect notwithstanding the enactment, earlier this Session, of modifications to these statutes under Senate Bill 6078. He reasons that, because a referendum has been filed on Senate Bill 6078, its provisions are stayed from taking effect until the referendum is voted upon. For the sake of argument, the President takes notice of the fact that an Affidavit for Proposed Referendum Measure was filed with the Secretary of State today on Senate Bill 6078.
The President also notes, however, that Senate Bill 6078 contained, at Section 7, what is commonly referred to as an emergency clause that calls for the major provisions of the act at issue to take effect immediately. The Governor signed this act into law yesterday, and those provisions went into effect immediately. It may be that those seeking the referendum may prevail in their legal arguments to have the emergency clause set aside, and it may also be that the act, for this or other legal reasons, may be found unconstitutional in a court of law. These are matters, however, to be decided by a court, not by the President.
The President reminds the body that he rules on parliamentary, and not legal, issues; it is up to the body to decide the policies and language to enact, and it is up to the courts to rule as to the various legal limitations or invalidities of such language. The body undoubtedly accepts some risk that a court decision could disaffirm all or parts of Senate Bill 6078, and such a ruling could also jeopardize any subsequent measures enacted pursuant to its mandates. Unless and until there is such a ruling, however, the President has no recourse other than to interpret those provisions of law enacted by Senate Bill 6078 to be in full force and effect. For these reasons, only a simple majority vote of this body is needed for final passage of this measure.”
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6096.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6096 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 21; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21
Excused: Senators Delvin, McCaslin and Oke - 3
ENGROSSED SENATE BILL NO. 6096, 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, Engrossed Senate Bill No. 6096 was immediately transmitted to the House of Representatives.
MOTION
At 11:26 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Wednesday, April 20, 2005.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate