FIFTY NINTH LEGISLATURE - REGULAR SESSION





FORTY SEVENTH DAY





House Chamber, Olympia, Friday, February 24, 2006


       The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.


       The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Adam Saul and Ryan Major. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Paul Lundborg, Lutheran Church of the Good Shepherd.


       Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


RESOLUTION


       HOUSE RESOLUTION NO. 2006-4695, By Representatives Bailey, Sump, Kristiansen, Newhouse, Kenney, Anderson, Alexander, Woods, Haler, McCune, Roberts, Talcott, Morrell, Haigh, Strow, Pearson, Lovick, Morris, Jarrett, Nixon, Kretz, Condotta, Clements, Ericksen, Tom, McCoy, Kagi, Green, Lantz, Upthegrove, B. Sullivan, Dunn, Wallace, Crouse, Skinner, Serben, Hudgins, Cox, Quall, Holmquist, Roach, Armstrong, Springer, Appleton, O'Brien, Blake, Clibborn, Kessler, Kilmer, Simpson and Sells


       WHEREAS, The Navy League was established in 1902 by the encouragement of Theodore Roosevelt; and

       WHEREAS, The Mission of the Navy League is to educate and motivate Americans to embrace the importance of maritime activities; and

       WHEREAS, Our country's freedom and safety is protected by those in the maritime forces; and

       WHEREAS, For one hundred four years, the Navy League has been the foremost civilian organization designed to support men and women of the sea services and their families; and

       WHEREAS, The Navy League provides support and recognition for the personnel of the Navy, Marines, Coast Guard, and United States Flag Merchant Marines; and

       WHEREAS, Many youth programs are offered to increase knowledge of maritime's history, customs, and traditions; and

       WHEREAS, The Navy League's programs give students the powerful tools of confidence, personal honor, and respect; and

       WHEREAS, Over two hundred thousand dollars in scholarships have been given to students by the Navy League; and


       WHEREAS, With over seventy thousand members worldwide, the Navy League is achieving their goals of educating, supporting, and promoting peace throughout the nation and the world;

       NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives applaud the effort and work of the Navy League throughout the world, and also applaud the positive programs the Navy League provides for our youth; and

       BE IT FURTHER RESOLVED, That the House of Representatives encourage all agencies of state government to recognize the service and benefits that are provided by the Navy League for the purpose of supporting the people who are dedicated to our country; and

       BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Navy League.


       Representative Bailey moved the adoption of the resolution.


       Representatives Bailey and Appleton spoke in favor of the adoption of the resolution.


{{42291}}       HOUSE RESOLUTION NO. 4695 was adopted.


{{42292}}       The Speaker (Representative Lovick presiding) recognized Lieutenant Colonel John Panneton, U.S. Marine Corps, Retired, and National President of the Navy League of the United States; Ron Testa, Northwest Regional President, Navy League of the United States; Roger Ponto, National Director, Navy League of the United States; Tom Jaffa, National Vice President, Navy League of the United States.


{{42293}}          REPORTS OF STANDING COMMITTEES


February 22, 2006

HB 3293       Prime Sponsor, Representative Roach: Regarding disorderly conduct. Reported by Committee on Judiciary

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby; Serben; Springer; Williams and Wood.


       Passed to Committee on Rules for second reading.

{{42295}}

February 23, 2006

HB 3316       Prime Sponsor, Representative Dunshee: Authorizing the issuance of general obligation bonds. Reported by Committee on Capital Budget

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chairman; Ormsby, Vice Chairman; Blake; Chase; Eickmeyer; Ericks; Flannigan; Green; Hasegawa; Lantz; Moeller; Morrell; O'Brien; Schual-Berke; Springer and Upthegrove.

 

MINORITY recommendation: Do not pass. Signed by Representatives Jarrett, Ranking Minority Member; Hankins, Assistant Ranking Minority Member; Clements; Cox; Ericksen; Kretz; Kristiansen; McCune; Newhouse; Roach; Serben and Strow.


February 23, 2006

SSB 5042     Prime Sponsor, Senate Committee On Judiciary: Tolling the statute of limitations for felony sex offenses. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kirby; Strow and Williams.


       Passed to Committee on Rules for second reading.

{{42297}}

February 22, 2006

SB 5106       Prime Sponsor, Senator Swecker: Clarifying authority over hazardous materials inspections. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Appleton; Buck; Campbell; Clibborn; Dickerson; Flannigan; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Sells; Simpson; B. Sullivan; Takko; Upthegrove and Wood.

 

MINORITY recommendation: Do not pass. Signed by Representatives Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Buck; Curtis; Ericksen; Hankins; Holmquist; Nixon; Rodne; Schindler and Shabro.


       Passed to Committee on Rules for second reading.

{{42298}}

February 22, 2006


SB 5329       Prime Sponsor, Senator Pflug: Establishing an industry cluster-based approach to economic development. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.


       Passed to Committee on Rules for second reading.

{{42299}}

February 22, 2006

ESB 5330     Prime Sponsor, Senator Shin: Creating the economic development grants program. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        NEW SECTION. Sec. 1. The legislature declares that it is the state's policy to encourage the use of federal and private funds for economic development purposes and to use state resources to leverage federal and private dollars to supplement state economic development efforts.


        NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:

        (1) The department shall make available, within existing resources, an inventory of grant opportunities for state agencies, local governments, and other community organizations engaged in economic development activities.

        (2) In developing the inventory of economic development grant opportunities, the department may:

        (a) Regularly review the federal register for opportunities to apply for grants, research projects, and demonstration projects;

        (b) Maintain an inventory of grant opportunities with private foundations and businesses; and

        (c) Consult with federal officials, including but not limited to those in the small business administration, the department of labor, the department of commerce, the department of agriculture, the department of ecology, as well as private foundations and businesses, on the prospects for obtaining federal and private funds for economic development purposes in Washington state.

        (3) The department may also facilitate joint efforts between agencies and between local organizations and state agencies that will increase the likelihood of success in grant seeking and the attraction of major events."


         Correct the title.

 

Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.


       Referred to Committee on Appropriations.

{{42300}}

February 22, 2006

ESB 5462     Prime Sponsor, Senator McCaslin: Changing the terms for nonlegislative members of the legislative ethics board. Reported by Committee on State Government Operations & Accountability

 

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia; Schindler and Sump.


       Passed to Committee on Rules for second reading.

{{42301}}

February 22, 2006

SSB 5611     Prime Sponsor, Senate Committee On Judiciary: Changing the interest rate on legal financial obligations. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended:


        On page 3, beginning on line 32, after "rendered." strike all material through "10.82.090." on line 35 and insert "((The method for determining an interest rate prescribed by this subsection is also the method for determining the "rate applicable to civil judgments" for purposes of RCW 10.82.090.))"

 

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Kirby; Serben; Springer; Williams and Wood.


       Referred to Committee on Appropriations.

{{42302}}

February 22, 2006

SSB 5654     Prime Sponsor, Senate Committee On Judiciary: Protecting the privacy of personal information of criminal justice officials. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that the dissemination of personally identifying information as proscribed in RCW 4.24.680 is not in the public interest.



        Sec. 2. RCW 4.24.680 and 2002 c 336 s 1 are each amended to read as follows:

        ((A person or organization shall not, with the intent to harm or intimidate, sell, trade, give, publish, distribute, or otherwise release the residential address, residential telephone number, birthdate, or social security number of any law enforcement-related, corrections officer-related, or court-related employee or volunteer, or someone with a similar name, and categorize them as such, without the express written permission of the employee or volunteer unless specifically exempted by law or court order.))

(1) A person shall not knowingly make available on the world wide web the personal information of a peace officer, corrections person, justice, judge, commissioner, public defender, or prosecutor if the dissemination of the personal information poses an imminent and serious threat to the peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the world wide web to be serious and imminent.

        (2) It is not a violation of this section if an employee of a county auditor or county assessor publishes personal information, in good faith, on the web site of the county auditor or county assessor in the ordinary course of carrying out public functions.

        (3) For the purposes of this section:

         (a) "Commissioner" means a commissioner of the superior court, court of appeals, or supreme court.

        (b) "Corrections person" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those whose civil rights have been limited in some way by legal sanction.

        (c) "Immediate family" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's spouse, child, or parent and any other adult who lives in the same residence as the person.

        (d) "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate, the United States bankruptcy court, and the Washington court of appeals, superior court, district court, or municipal court.

        (e) "Justice" means a justice of the United States supreme court or Washington supreme court.

        (f) "Personal information" means a peace officer's, corrections person's, justice's, judge's, commissioner's, public defender's, or prosecutor's home address, home telephone number, pager number, social security number, home e-mail address, directions to the person's home, or photographs of the person's home or vehicle.

        (g) "Prosecutor" means a county prosecuting attorney, a city attorney, the attorney general, or a United States attorney and their assistants or deputies.

        (h) "Public defender" means a federal public defender, or other public defender, and his or her assistants or deputies.


        Sec. 3. RCW 4.24.700 and 2002 c 336 s 3 are each amended to read as follows:

        ((Any law enforcement-related, corrections officer-related, or court-related employee or volunteer who suffers damages as a result of a person or organization selling, trading, giving, publishing, distributing, or otherwise releasing the residential address, residential telephone number, birthdate, or social security number of the employee or volunteer in violation of RCW 4.24.680 may bring an action against the person or organization in court for actual damages sustained, plus attorneys' fees and costs.))

Any person whose personal information is made available on the world wide web as described in RCW 4.24.680(1) who suffers damages as a result of such conduct may bring an action against the person or organization who makes such information available, for actual damages sustained plus damages in an amount not to exceed one thousand dollars for each day the personal information was made available on the world wide web, and reasonable attorneys' fees and costs.


        NEW SECTION. Sec. 4. 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."

 

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby; Serben; Springer; Williams and Wood.


       Passed to Committee on Rules for second reading.

{{42303}}

February 22, 2006

2SSB 5717   Prime Sponsor, Senate Committee On Early Learning, K-12 & Higher Education: Requiring a study on the availability and use of skill centers. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Priest; Santos; Shabro; Tom and Wallace.


       Passed to Committee on Rules for second reading.

{{42304}}

February 23, 2006

SSB 5838     Prime Sponsor, Senate Committee On Health & Long-Term Care: Limiting the substitution of preferred drugs in hepatitis C treatment. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42305}}

February 22, 2006

SB 6059       Prime Sponsor, Senator Berkey: Authorizing state agencies to create sick leave pools for employees. Reported by Committee on State Government Operations & Accountability

 


MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 41.04 RCW to read as follows:

        The department of personnel and other personnel authorities shall adopt rules governing the accumulation and use of sick leave for state agency and department employees, expressly for the establishment of a plan allowing participating employees to pool sick leave and allowing any sick leave thus pooled to be used by any participating employee who has used all of the sick leave that has been personally accrued by him or her. Each department or agency of the state may allow employees to participate in a sick leave pool established by the department of personnel.

        (1) For purposes of calculating maximum sick leave that may be donated or received by any one employee, pooled sick leave:

        (a) Is counted and converted in the same manner as sick leave under the Washington state leave sharing program as provided in this chapter; and

        (b) Does not create a right to sick leave in addition to the amount that may be donated or received under the Washington state leave sharing program as provided in this chapter.

        (2) Rules adopted by the department shall provide:

        (a) That employees are eligible to participate in the sick leave pool after one year of employment with the state or agency of the state if the employee has accrued a minimum amount of unused sick leave, to be established by rule;

        (b) That participation in the sick leave pool shall, at all times, be voluntary on the part of the employees;

        (c) That any sick leave pooled shall be removed from the personally accumulated sick leave balance of the employee contributing the leave;

         (d) That any sick leave in the pool that is used by a participating employee may be used only for the employee's personal illness, accident, or injury;

        (e) That a participating employee is not eligible to use sick leave accumulated in the pool until all of his or her personally accrued sick, annual, and compensatory leave has been used;

        (f) A maximum number of days of sick leave in the pool that any one employee may use;

        (g) That a participating employee who uses sick leave from the pool is not required to recontribute such sick leave to the pool, except as otherwise provided in this section;

        (h) That an employee who cancels his or her membership in the sick leave pool is not eligible to withdraw the days of sick leave contributed by that employee to the pool;

        (i) That an employee who transfers from one position in state government to another position in state government may transfer from one pool to another if the eligibility criteria of the pools are comparable and the administrators of the pools have agreed on a formula for transfer of credits;

        (j) That alleged abuse of the use of the sick leave pool shall be investigated, and, on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the sick leave pool and shall be subject to such other disciplinary action as is determined by the agency head;

        (k) That sick leave credits may be drawn from the sick leave pool by a part-time employee on a pro rata basis; and

        (l) That each department or agency shall maintain accurate and reliable records showing the amount of sick leave which has been accumulated and is unused by employees, in accordance with guidelines established by the department of personnel.


        NEW SECTION. Sec. 2. This act takes effect July 1, 2007."


        Correct the title.

 

Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia; Schindler and Sump.


       Passed to Committee on Rules for second reading.

{{42306}}

February 23, 2006

ESSB 6106   Prime Sponsor, Senate Committee On Health & Long-Term Care: Requiring disclosure of specified health care information for law enforcement purposes. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The purpose of this act is to aid law enforcement in combating crime through the rapid identification of all persons who require medical treatment as a result of a criminal act and to assist in the rapid identification of human remains.


        Sec. 2. RCW 70.02.010 and 2005 c 468 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, 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) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.

        (4) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.

        (((4))) (5) "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))) (6) "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))) (7) "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 required accounting of disclosures of health care information.

        (((7))) (8) "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))) (9) "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.

        (((9))) (10) "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.

        (((10))) (11) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

        (((11))) (12) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

        (((12))) (13) "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))) (14) "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.


        (((14))) (15) "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.

        (((15))) (16) "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))) (17) "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. 3. RCW 70.02.050 and 2005 c 468 s 4 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, 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) 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) To fire, police, sheriff, or 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))) (8) (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 federal, state, or local law enforcement authorities, upon receipt of a written or oral request made to a nursing supervisor, administrator, or designated privacy official, in a case in which the patient is being treated or has been treated for a bullet wound, gunshot wound, powder burn, or other injury arising from or caused by the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument which federal, state, or local law enforcement authorities reasonably believe to have been intentionally inflicted upon a person, or a blunt force injury that federal, state, or local law enforcement authorities reasonably believe resulted from a criminal act, the following information, if known:

        (i) The name of the patient;

        (ii) The patient's residence;

        (iii) The patient's sex;

        (iv) The patient's age;

        (v) The patient's condition;

        (vi) The patient's diagnosis, or extent and location of injuries as determined by a health care provider;

        (vii) Whether the patient was conscious when admitted;

        (viii) The name of the health care provider making the determination in (c)(v), (vi), and (vii) of this subsection;

        (ix) Whether the patient has been transferred to another facility; and

        (x) The patient's discharge time and date;

        (d) To county coroners and medical examiners for the investigations of deaths;

        (((d))) (e) 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.


        Sec. 4. RCW 68.50.320 and 2001 c 223 s 1 are each amended to read as follows:

        When a person reported missing has not been found within thirty days of the report, the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall ask the missing person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request the person's dental records.

The missing person's dentist or dentists shall provide diagnostic quality copies of the missing person's dental records or original dental records to the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority, when presented with the written consent from the missing person's family or next of kin or with a statement from the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority that the missing person's family or next of kin could not be located in the exercise of due diligence or that the missing person's family or next of kin refuse to consent to the release of the missing person's dental records and there is reason to believe that the missing person's family or next of kin may have been involved in the missing person's disappearance.

        When a person reported missing has not been found within thirty days, the sheriff, chief of police, or other law enforcement authority initiating and conducting the investigation for the missing person shall confer with the county coroner or medical examiner prior to the preparation of a missing person's report. After conferring with the coroner or medical examiner, the sheriff, chief of police, or other law enforcement authority shall submit a missing person's report and the dental records received under this section to the dental identification system of the state patrol identification, child abuse, vulnerable adult abuse, and criminal history section on forms supplied by the state patrol for such purpose.

        When a person reported missing has been found, the sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall report such information to the state patrol.

        The dental identification system shall maintain a file of information regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the state patrol finds relevant to assist in the location of a missing person.

        The files of the dental identification system shall, upon request, be made available to law enforcement agencies attempting to locate missing persons.


        NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


        Correct the title.

 

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42307}}

February 23, 2006

SSB 6141     Prime Sponsor, Senate Committee On Water, Energy & Environment: Including the value of wind turbine facilities in the property tax levy limit calculation. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hankins; Hudgins; P. Sullivan; Sump; Takko and Wallace.


       Referred to Committee on Finance.

{{42308}}

February 22, 2006

ESSB 6151   Prime Sponsor, Senate Committee On Water, Energy & Environment: Protecting aquifer levels. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Chase and McCoy.


       Passed to Committee on Rules for second reading.

{{42309}}

February 22, 2006

SB 6162       Prime Sponsor, Senator Haugen: Harmonizing and updating various aspects of the urban arterial program. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Appleton; Campbell; Clibborn; Dickerson; Flannigan; Hankins; Hudgins; Kilmer; Lovick; Morris; Sells; Simpson; Takko; Upthegrove and Wood.

 

MINORITY recommendation: Do not pass. Signed by Representatives Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Buck; Curtis; Ericksen; Holmquist; Jarrett; Nixon; Rodne; Schindler and Shabro.


       Passed to Committee on Rules for second reading.

{{42310}}

February 22, 2006

ESB 6169     Prime Sponsor, Senator Kohl-Welles: Authorizing removal of discriminatory provisions in the governing documents of homeowners' associations. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Campbell; Serben; Springer; Williams and Wood.


       Passed to Committee on Rules for second reading.

{{42311}}

February 22, 2006

ESSB 6189   Prime Sponsor, Senate Committee On Health & Long-Term Care: Requiring hospitals to provide patients certain billing information. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42312}}

February 23, 2006

SSB 6196     Prime Sponsor, Senate Committee On Health & Long-Term Care: Including a health official from a federally recognized tribe on the state board of health. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 43.20.030 and 1984 c 287 s 75 and 1984 c 243 s 2 are each reenacted and amended to read as follows:

        The state board of health shall be composed of ten members. These shall be the secretary or the secretary's designee and nine other persons to be appointed by the governor, including four persons experienced in matters of health and sanitation, one of whom is a health official from a federally recognized tribe; an elected city official who is a member of a local health board((,)); an elected county official who is a member of a local health board((,)); a local health officer((,)); and two persons representing the consumers of health care. Before appointing the city official, the governor shall consider any recommendations submitted by the association of Washington cities. Before appointing the county official, the governor shall consider any recommendations submitted by the Washington state association of counties. Before appointing the local health officer, the governor shall consider any recommendations submitted by the Washington state association of local public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the state council on aging. The chairman shall be selected by the governor from among the nine appointed members. The department of ((social and health services)) health shall provide necessary technical staff support to the board. The board may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

        Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.


        NEW SECTION. Sec. 2. This act shall be known as the Sue Crystal memorial act."

 

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Appleton; Clibborn; Green; Lantz; Moeller; Morrell and Schual-Berke.

 

MINORITY recommendation: Do not pass. Signed by Representatives Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Bailey; Condotta and Skinner.



       Passed to Committee on Rules for second reading.

{{42313}}

February 22, 2006

SSB 6201     Prime Sponsor, Senate Committee On Financial Institutions, Housing & Consumer Protection: Creating a homeowners' association act committee. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby; Serben; Springer; Williams and Wood.


       Passed to Committee on Rules for second reading.

{{42314}}

February 22, 2006

SB 6219       Prime Sponsor, Senator Keiser: Providing for financial literacy education. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended:


        On page 2, after line 5, insert the following:

        "Sec. 3. RCW 28A.300.455 and 2004 c 247 s 3 are each amended to read as follows:
       (1) By September 30, 2004, the financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.
       (2) By June 30, ((2005)) 2007, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the extent funds are available, strategies to be considered by the partnership shall include, but not be limited to:
       (a) Identifying and making available to school districts:
       (i) Important financial literacy skills and knowledge;
       (ii) Ways in which teachers at different grade levels may integrate financial literacy in mathematics, social studies, and other course content areas;
        (iii) Instructional materials and programs, including schoolwide programs, that include the important financial literacy skills and knowledge;
       (iv) Assessments and other outcome measures that schools and communities may use to determine whether students are financially literate; ((and))
       (v) A template and resource materials to aid districts in guiding student culminating projects with a focus on personal finance; and
       (vi) Other strategies for expanding and increasing the quality of financial literacy instruction in public schools, including professional development for teachers;
       (b) Developing a structure and set of operating principles for the financial literacy public-private partnership to assist interested school districts in improving the financial literacy of their students by providing such things as financial literacy instructional materials and professional development; ((and))
       (c) Developing essential academic learning requirements for personal finance;
       (d) Preparing recommendations for the inclusion of financial literacy principles in the Washington assessment of student learning; and
       (e) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state board of education, and education stakeholder groups, on the results of work of the financial literacy public-private partnership. A final report shall be submitted to the same parties by June 30,((2007)) 2008.

        Sec. 4. RCW 28A.300.460 and 2004 c 247 s 5 are each amended to read as follows:
       The task of the financial literacy public-private partnership is to seek out and determine the best methods of equipping students with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding their personal finances. The components of personal financial literacy examined shall include, at a minimum, consumer financial education, personal finance, and personal credit. The partnership shall identify the types of outcome measures expected from participating districts and students, in accordance with the definitions and outcomes developed under RCW 28A.300.455.

        NEW SECTION. Sec. 5. A new section is added to chapter 28A.230 RCW to read as follows:
       (1) To the extent funds are appropriated or are available for this purpose, the superintendent of public instruction and other members of the partnership created in RCW 28A.300.455 shall make available to school districts the list of identified financial literacy skills and knowledge, instructional materials, assessments, and other relevant information.
        (2) For the purposes of RCW 28A.300.455, 28A.300.460, and this section, it is not necessary to evaluate and apply the office of the superintendent of public instruction essential academic learning requirements or to develop grade level expectations.

        NEW SECTION. Sec. 6. (1) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the general fund to the Washington financial literacy public-private partnership account for the purposes of RCW 28A.300.465.
       (2) The amount in this section is provided solely for the purposes of RCW 28A.300.465. The superintendent of public instruction or the superintendent's designee may authorize expenditure of the amount provided in this section as equal matching amounts from nonstate sources are received in the Washington financial literacy public-private partnership account.

        NEW SECTION. Sec. 7. 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."


        Correct the title.

 

Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Priest; Santos; Shabro; Tom and Wallace.


       Referred to Committee on Appropriations.

{{42315}}

February 22, 2006


SSB 6221     Prime Sponsor, Senate Committee On Government Operations & Elections: Concerning use of public funds to finance campaigns for local office. Reported by Committee on State Government Operations & Accountability

 

MAJORITY recommendation: Do pass as amended:


        On page 1, line 11, after "office." strike all material through "power." on line 15 and insert the following:


"The ordinance or resolution must be submitted to, and approved by, a vote of the people at the next general election in the form of a referendum, or the form of an advisory ballot, or through the initiative process for those jurisdictions that have those powers."

 

Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Hunt; McDermott and Miloscia.

 

MINORITY recommendation: Do not pass. Signed by Representatives Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Schindler and Sump.


       Passed to Committee on Rules for second reading.

{{42316}}

February 22, 2006

SSB 6223     Prime Sponsor, Senate Committee On Natural Resources, Ocean & Recreation: Modifying provisions regarding abandoned or derelict vessels. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. A new section is added to chapter 79.100 RCW to read as follows:

        A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor.


        Sec. 2. RCW 79.100.010 and 2002 c 286 s 2 are each amended to read as follows:

        The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Abandoned vessel" means the vessel's owner is not known or cannot be located, or if the vessel's owner is known and located but is unwilling to take control of the vessel, and the vessel has been left, moored, or anchored in the same area without the express consent, or contrary to the rules, of the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five day period. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

        (2) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.

        (3) "Authorized public entity" includes any of the following: The department of natural resources; the department of fish and wildlife; the parks and recreation commission; a metropolitan park district; a port district; and any city, town, or county with ownership, management, or jurisdiction over the aquatic lands where an abandoned or derelict vessel is located.

        (4) "Department" means the department of natural resources.

        (5) "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:

        (a) Has been moored, anchored, or otherwise left in the waters of the state or on public property contrary to RCW ((79.01.760)) 79.02.300 or rules adopted by an authorized public entity;

        (b) Has been left on private property without authorization of the owner; or

        (c) Has been left for a period of seven consecutive days, and:

        (i) Is sunk or in danger of sinking;

        (ii) Is obstructing a waterway; or

        (iii) Is endangering life or property.

        (6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

        (7) "Vessel" has the same meaning as defined in RCW 53.08.310.


        Sec. 3. RCW 79.100.040 and 2002 c 286 s 5 are each amended to read as follows:

        (1) Prior to exercising the authority granted in RCW 79.100.030, the authorized public entity must first obtain custody of the vessel. To do so, the authorized public entity must:

        (a) Mail notice of its intent to obtain custody, at least twenty days prior to taking custody, to the last known address of the previous owner to register the vessel in any state or with the federal government and to any lien holders or secured interests on record. A notice need not be sent to the purported owner or any other person whose interest in the vessel is not recorded with a state or federal agency;

        (b) Post notice of its intent clearly on the vessel for thirty days and publish its intent at least once, more than ten days but less than twenty days prior to taking custody, in a newspaper of general circulation for the county in which the vessel is located; and

         (c) Post notice of its intent on the department's internet web site on a page specifically designated for such notices. If the authorized public entity is not the department, the department must facilitate the internet posting.

        (2) All notices sent, posted, or published in accordance with this section must, at a minimum, explain the intent of the authorized public entity to take custody of the vessel, the rights of the authorized public entity after taking custody of the vessel as provided in RCW 79.100.030, the procedures the owner must follow in order to avoid custody being taken by the authorized public entity, the procedures the owner must follow in order to reclaim possession after custody is taken by the authorized public entity, and the financial liabilities that the owner may incur as provided for in RCW 79.100.060.

        (3) If a vessel is in immediate danger of sinking, breaking up, or blocking navigational channels, and the owner of the vessel cannot be located or is unwilling or unable to assume immediate responsibility for the vessel, ((an)) any authorized public entity may tow, beach, or otherwise take temporary possession of the vessel. Before taking temporary possession of the vessel, the authorized public entity must make reasonable attempts to consult with the department ((and)) or the United States coast guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel must be set out in writing by the authorized public entity within seven days of taking action and be submitted to the owner, if known, as soon thereafter as is reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel, the authorized public entity must initiate the notice provisions in subsection (1) of this section. The authorized public entity must complete the notice requirements of subsection (1) of this section before using or disposing of the vessel as authorized in RCW 79.100.050.


        Sec. 4. RCW 79.100.060 and 2002 c 286 s 7 are each amended to read as follows:

        (1) The owner of an abandoned or derelict vessel is responsible for reimbursing an authorized public entity for all reasonable and auditable costs associated with the removal or disposal of the owner's vessel under this chapter. These costs include, but are not limited to, costs incurred exercising the authority granted in RCW 79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW 79.100.040, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. An authorized public entity that has taken temporary possession of a vessel may require that all reasonable and auditable costs associated with the removal of the vessel be paid before the vessel is released to the owner.

        (2) Reimbursement for costs may be sought from an owner who is identified subsequent to the vessel's removal and disposal.

        (3) If the full amount of all costs due to the authorized public entity under this chapter is not paid to the authorized public entity within thirty days after first notifying the responsible parties of the amounts owed, the authorized public entity or the department may bring an action in any court of competent jurisdiction to recover the costs, plus reasonable attorneys' fees and costs incurred by the authorized public entity.


        NEW SECTION. Sec. 5. A new section is added to chapter 79.100 RCW to read as follows:

        (1) A person seeking to contest an authorized public entity's decision to take temporary possession or custody of a vessel under this chapter, or to contest the amount of reimbursement owed to an authorized public entity under this chapter, may request a hearing in accordance with this section.

        (2)(a) If the contested decision or action was undertaken by a state agency, a written request for a hearing related to the decision or action must be filed with the aquatic resources division of the department within twenty days of the date the authorized public entity acquires custody of the vessel under RCW 79.100.040, or if the vessel is redeemed before the authorized public entity acquires custody, the date of redemption, or the right to a hearing is deemed waived and the vessel's owner is liable for any costs owed the authorized public entity. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs.

        (b) Upon receipt of a timely hearing request, the department shall proceed to hear and determine the validity of the decision to take the vessel into temporary possession or custody and the reasonableness of any towing, storage, or other charges permitted under this chapter. Within five business days after the request for a hearing is filed, the department shall notify the vessel owner requesting the hearing and the authorized public entity of the date, time, and location for the hearing. Unless the vessel is redeemed before the request for hearing is filed, the department shall set the hearing on a date that is within ten business days of the filing of the request for hearing. If the vessel is redeemed before the request for a hearing is filed, the department shall set the hearing on a date that is within sixty days of the filing of the request for hearing.

        (3)(a) If the contested decision or action was undertaken by a metropolitan park district, port district, city, town, or county, which has adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels, those rules or procedures must be followed in order to contest a decision to take temporary possession or custody of a vessel, or to contest the amount of reimbursement owed.

        (b) If the metropolitan park district, port district, city, town, or county has not adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels, then a person requesting a hearing under this section must follow the procedure established in RCW 53.08.320(5) for contesting the decisions or actions of moorage facility operators.


        Sec. 6. RCW 79.100.100 and 2002 c 286 s 11 are each amended to read as follows:

        (1) The derelict vessel removal account is created in the state treasury. All receipts from RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.030 and 88.02.050 must be deposited into the account. The account is authorized to receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income according to the terms of the gifts, grants, or endowments provided those terms do not conflict with any provisions of this section or any guidelines developed to prioritize reimbursement of removal projects associated with this chapter. Moneys in the account may only be spent after appropriation. Expenditures from the account shall be used by the department to reimburse authorized public entities for ((seventy-five)) up to ninety percent of the total reasonable and auditable administrative, removal, disposal, and environmental damage costs of abandoned or derelict vessels when the previous owner is either unknown after a reasonable search effort or insolvent. ((During the 2001-2003 biennium, up to forty percent of the expenditures from the account may be used for administrative expenses of the department of licensing and department of natural resources in implementing this chapter.)) Costs associated with removal and disposal of an abandoned or derelict vessel under the authority granted in RCW 53.08.320 also qualify for reimbursement from the derelict vessel removal account. In each ((subsequent)) biennium, up to twenty percent of the expenditures from the account may be used for administrative expenses of the department of licensing and department of natural resources in implementing this chapter.

        (2) If the balance of the account reaches one million dollars as of March 1st of any year, the department must notify the department of licensing and the collection of any fees associated with this account must be suspended for the following fiscal year.

        (3) Priority for use of this account is for the removal of derelict and abandoned vessels that are in danger of sinking, breaking up, or blocking navigation channels, or that present environmental risks such as leaking fuel or other hazardous substances. The department must develop criteria, in the form of informal guidelines, to prioritize removal projects associated with this chapter, but may not consider whether the applicant is a state or local entity when prioritizing. The guidelines must also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for reimbursement.

        (4) The department must keep all authorized public entities apprized of the balance of the derelict vessel removal account and the funds available for reimbursement. The guidelines developed by the department must also be made available to the other authorized public entities. This subsection (4) must be satisfied by utilizing the least costly method, including maintaining the information on the department's internet web site, or any other cost-effective method.

        (5) An authorized public entity may contribute its ((twenty-five))ten percent of costs that are not eligible for reimbursement by using in-kind services, including the use of existing staff, equipment, and volunteers.

        (6) This chapter does not guarantee reimbursement for an authorized public entity. Authorized public entities seeking certainty in reimbursement prior to taking action under this chapter may first notify the department of their proposed action and the estimated total costs. Upon notification by an authorized public entity, the department must make the authorized public entity aware of the status of the fund and the likelihood of reimbursement being available. The department may offer technical assistance and assure reimbursement for up to two years following the removal action if an assurance is appropriate given the balance of the fund and the details of the proposed action.


        NEW SECTION. Sec. 7. RCW 79.100.090 (Contest custody/reimbursement--Lawsuit) and 2002 c 286 s 10 are each repealed."

 

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; Chandler; Dickerson; Hunt; Kagi and Orcutt.


       Passed to Committee on Rules for second reading.

{{42317}}

February 22, 2006

SSB 6225     Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Regulating the business of installing, repairing, and maintaining domestic water pumping systems. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins; Kenney and McCoy.


       Passed to Committee on Rules for second reading.

{{42318}}

February 22, 2006

SB 6248       Prime Sponsor, Senator Haugen: Requiring the department of transportation to reimburse drainage and diking districts for maintenance and repairs to drainage facilities if the department does not respond to written notice by the districts. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Takko; Upthegrove and Wood.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Simpson.


       Passed to Committee on Rules for second reading.

{{42319}}

February 22, 2006

SSB 6330     Prime Sponsor, Senate Committee On International Trade & Economic Development: Establishing the Washington trade corps fellowship program. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Blake; Chase; Clibborn; Grant; Holmquist; Kilmer; McCoy; Morrell; Newhouse; Quall; P. Sullivan and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Bailey; Buri; Dunn; Haler; Kretz and Strow.


       Referred to Committee on Appropriations.

{{42320}}

February 22, 2006

ESB 6342     Prime Sponsor, Senator Kline: Changing the election and appointment provisions for municipal court judges. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Rodne, Assistant Ranking Minority Member; Kirby; Serben and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Priest, Ranking Minority Member; Springer and Wood.


       Passed to Committee on Rules for second reading.

{{42321}}

February 22, 2006


SB 6364       Prime Sponsor, Senator Roach: Prohibiting certain activities on motor driven boats and vessels. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that:

        (1) Carbon monoxide is a potentially deadly gas that can lead to brain injury and death.

        (2) Marine engines are not subject to the same federal and state-mandated emission controls as automobiles and, therefore, can emit dangerously high concentrations of carbon monoxide into the atmosphere, increasing the chance of exposure to potentially lethal amounts of carbon monoxide.

        (3) Federal agencies have found that carbon monoxide can gather in deadly concentrations behind ski boats and cabin cruisers.

        (4) Dangerous levels of carbon monoxide can accumulate around vessel swim decks and areas at the stern of the boat where occupants frequently sit or swim because the exhaust ports for both propulsion engines and generators are located nearby.


        NEW SECTION. Sec. 2. A new section is added to chapter 79A.60 RCW to read as follows:

        (1) It is unlawful for a person to operate a motor driven boat or vessel, other than a personal watercraft, or have the engine of a vessel run idle, when an individual is engaged in stern deck recreation.

        (2) A violation of this subsection is an infraction punishable by a fine of up to one hundred dollars.


        Sec. 3. RCW 79A.60.630 and 2005 c 392 s 3 are each amended to read as follows:

        (1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under RCW 79A.60.640(3) are required to obtain a boater education card by January 1, 2016. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission.

        (2) As part of the boating safety education program, the commission shall:

        (a) Establish a program to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:

January 1, 2008 - All boat operators twenty years old and younger;

January 1, 2009 - All boat operators twenty-five years old and younger;

January 1, 2010 - All boat operators thirty years old and younger;

January 1, 2011 - All boat operators thirty-five years old and younger;

January 1, 2012 - All boat operators forty years old and younger;

January 1, 2013 - All boat operators fifty years old and younger;

January 1, 2014 - All boat operators sixty years old and younger;

January 1, 2015 - All boat operators seventy years old and younger;

January 1, 2016 - All boat operators;

        (b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;

        (c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;

        (d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;

        (e) Include information about the dangers of carbon monoxide poisoning at the stern of a vessel and how to prevent such poisoning;

        (f) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;

        (((f))) (g) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by chapter 392, Laws of 2005, including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040;

        (((g))) (h) Establish a fee for the replacement of the boater education card that covers the cost of replacement;

        (((h))) (i) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;

        (((i))) (j) Approve and provide accreditation to boating safety education courses offered online; and

        (((j))) (k) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.


        NEW SECTION. Sec. 4. A new section is added to chapter 88.02 RCW to read as follows:

        (1) Any new or used motor driven boat or vessel, as that term is defined in RCW 79A.60.010, other than a personal watercraft, sold within this state must display a carbon monoxide warning sticker developed by the department on the interior of the vessel.

        (2) For vessels sold by a dealer, the dealer shall ensure that the warning sticker has been affixed prior to completing a transaction.

        (3) For a vessel sold by an individual, the department shall include the sticker in the registration materials provided to the new owner, and the department shall notify the new owner that the sticker must be affixed as described in subsection (1) of this section.

        (4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department. The department shall approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states.


        NEW SECTION. Sec. 5. A new section is added to chapter 88.02 RCW to read as follows:


        The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by section 4 of this act as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after the effective date of this section, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by section 4 of this act.


        Sec. 6. RCW 79A.60.010 and 2005 c 392 s 2 are each amended to read as follows:

        Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

        (1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the commission.

        (2) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.

        (3) "Boater" means any person on a vessel on waters of the state of Washington.

        (4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's data base.

        (5) "Boating educator" means a person providing an accredited course.

        (6) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.

        (7) "Certificate of accomplishment" means a form of certificate approved by the commission and issued by a boating educator to a person who has successfully completed an accredited course.

        (8) "Commission" means the state parks and recreation commission.

        (9) "Darkness" means that period between sunset and sunrise.

        (10) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

        (11) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels. A person licensed under RCW 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.

        (12) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

        (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.

        (14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission in accordance with RCW 79A.60.630.

        (15) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

        (16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.

        (17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

        (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.

        (19) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

        (20) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

        (21) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.

        (22) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

        (23) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

        (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.

        (25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.

        (26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.

        (27) "Sewage pumpout or dump unit" means:

        (a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and

        (b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.

        (28) "Stern deck recreation" means any aquatic recreation that involves holding onto or otherwise being in direct contact with the stern of a motor driven boat or vessel, other than a personal watercraft, while the vessel is being operated at any speed or when the vessel's engine is at idle. The term includes holding onto the swim deck, swim platform, swim ladder, or any other portion of the exterior or transom of the vessel and floating or swimming on one's stomach or back in the wake directly behind a vessel. The term does not include being dragged or pulled behind a vessel on the end of a length of rope, and does not include activities required for docking, departing, exiting, or entering the vessel, or for activities occurring when the vessel is engaged in law enforcement or emergency rescue activities.

        (29) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

        (((29))) (30) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

        (((30))) (31) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

        (((31))) (32) "Waters of the state" means any waters within the territorial limits of Washington state.

        (((32))) (33) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.

        (((33))) (34) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the commission under RCW 79A.60.495.


        Sec. 7. RCW 79A.60.610 and 1994 c 151 s 2 are each amended to read as follows:

        The commission shall undertake a statewide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems ((and the hazards of carbon monoxide)). The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.


        NEW SECTION. Sec. 8. This act may be known and cited as the Jenda Jones and Denise Colbert safe boating act.


        NEW SECTION. Sec. 9. Sections 4 and 5 of this act take effect January 1, 2007."


        Correct the title.

 

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; Chandler; Dickerson; Hunt; Kagi and Orcutt.


       Referred to Committee on Appropriations.

{{42322}}

February 23, 2006

SSB 6365     Prime Sponsor, Senate Committee On Agriculture & Rural Economic Development: Changing fees in the weights and measures program. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature intends that the state's weights and measures program meet the national average for frequency of inspections as reported by the national conference on weights and measures in its 2003 survey of inspection statistics, or a successor report."


        Correct the title.

 

Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Appleton; Blake; Chase; Clibborn; Grant; McCoy; Morrell; Quall; P. Sullivan and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Bailey; Buri; Dunn; Haler; Holmquist; Kilmer; Kretz; Newhouse and Strow.


       Passed to Committee on Rules for second reading.

{{42323}}

February 22, 2006

SB 6371       Prime Sponsor, Senator Rasmussen: Regulating the disposal of dead animals. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.


       Passed to Committee on Rules for second reading.

{{42324}}

February 21, 2006

SB 6373       Prime Sponsor, Senator Keiser: Removing expiration of reporting to the legislature of holding a boarding home medicaid eligible resident's room or unit. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 18.20.290 and 2004 c 142 s 13 are each amended to read as follows:

        (1) When a boarding home contracts with the department to provide adult residential care services, enhanced adult residential care services, or assisted living services under chapter 74.39A RCW, the boarding home must hold a medicaid eligible resident's room or unit when short-term care is needed in a nursing home or hospital, the resident is likely to return to the boarding home, and payment is made under subsection (2) of this section.

        (2) The medicaid resident's bed or unit shall be held for up to twenty days. The per day bed or unit hold compensation amount shall be seventy percent of the daily rate paid for the first seven days the bed or unit is held for the resident who needs short-term nursing home care or hospitalization. The rate for the eighth through the twentieth day a bed is held shall be established in rule, but shall be no lower than ten dollars per day the bed or unit is held.

        (3) The boarding home may seek third-party payment to hold a bed or unit for twenty-one days or longer. The third-party payment shall not exceed the medicaid daily rate paid to the facility for the resident. If third-party payment is not available, the medicaid resident may return to the first available and appropriate bed or unit, if the resident continues to meet the admission criteria under this chapter.

        (((4) The department shall monitor the use and impact of the policy established under this section and shall report its findings to the appropriate committees of the senate and house of representatives by December 31, 2005.

        (5) This section expires June 30, 2006.))"


        On page 1, line 2 of the title, after "unit;" strike the remainder of the title and insert "and amending RCW 18.20.290."

 

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42325}}

February 22, 2006

ESB 6376     Prime Sponsor, Senator Rasmussen: Changing livestock inspection fee provisions. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.


       Passed to Committee on Rules for second reading.

{{42326}}

February 21, 2006

ESSB 6391   Prime Sponsor, Senate Committee On Health & Long-Term Care: Concerning the provision of services for nonresident individuals residing in long-term care settings. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 18.20.020 and 2004 c 142 s 1 are each amended to read as follows:

        As used in this chapter:

        (1) "Boarding home" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home. "Boarding home" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development.

        (2) "Basic services" means housekeeping services, meals, nutritious snacks, laundry, and activities.

        (3) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

        (4) "Secretary" means the secretary of social and health services.

        (5) "Department" means the state department of social and health services.

         (6) "Resident's representative" means a person designated voluntarily by a competent resident, in writing, to act in the resident's behalf concerning the care and services provided by the boarding home and to receive information from the boarding home, if there is no legal representative. The resident's competence shall be determined using the criteria in RCW 11.88.010(1)(e). The resident's representative may not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family member of the resident. The resident's representative shall not have authority to act on behalf of the resident once the resident is no longer competent.

        (7) "Domiciliary care" means: Assistance with activities of daily living provided by the boarding home either directly or indirectly; or health support services, if provided directly or indirectly by the boarding home; or intermittent nursing services, if provided directly or indirectly by the boarding home.

        (8) "General responsibility for the safety and well-being of the resident" means the provision of the following: Prescribed general low sodium diets; prescribed general diabetic diets; prescribed mechanical soft foods; emergency assistance; monitoring of the resident; arranging health care appointments with outside health care providers and reminding residents of such appointments as necessary; coordinating health care services with outside health care providers consistent with RCW 18.20.380; assisting the resident to obtain and maintain glasses, hearing aids, dentures, canes, crutches, walkers, wheelchairs, and assistive communication devices; observation of the resident for changes in overall functioning; blood pressure checks as scheduled; responding appropriately when there are observable or reported changes in the resident's physical, mental, or emotional functioning; or medication assistance as permitted under RCW 69.41.085 and as defined in RCW 69.41.010.

        (9) "Legal representative" means a person or persons identified in RCW 7.70.065 who may act on behalf of the resident pursuant to the scope of their legal authority. The legal representative shall not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family member of the resident.

        (10) "Nonresident individual" means a person who resides in independent senior housing, independent living units in continuing care retirement communities, or in other similar living environments or in a boarding home and may receive one or more of the services listed in RCW 18.20.030(5)((, but)). A nonresident individual may not receive domiciliary care, as defined in this chapter, directly or indirectly by the ((facility)) boarding home and may not receive the items and services listed in subsection (8) of this section, except during the time the person is receiving adult day services as defined in this section.

        (11) "Resident" means an individual who is not related by blood or marriage to the operator of the boarding home, and by reason of age or disability, chooses to reside in the boarding home and receives basic services and one or more of the services listed under general responsibility for the safety and well-being of the resident and may receive domiciliary care or respite care provided directly or indirectly by the boarding home and shall be permitted to receive hospice care through an outside service provider when arranged by the resident or the resident's legal representative under RCW 18.20.380.

        (12) "Resident applicant" means an individual who is seeking admission to a licensed boarding home and who has completed and signed an application for admission, or such application for admission has been completed and signed in their behalf by their legal representative if any, and if not, then the designated representative if any.

(13) "Adult day services" means care and services provided to a nonresident individual by the boarding home on the boarding home premises, for a period of time not to exceed ten continuous hours, and does not involve an overnight stay.


        NEW SECTION. Sec. 2. A new section is added to chapter 18.135 RCW to read as follows:

        This chapter does not prohibit or restrict the performance of blood-drawing procedures by health care assistants in the residences of research study participants when such procedures have been authorized by the institutional review board of a comprehensive cancer center or nonprofit degree-granting institution of higher education and are conducted under the general supervision of a physician.


        Sec. 3. RCW 18.135.040 and 1984 c 281 s 3 are each amended to read as follows:

        A certification issued to a health care assistant pursuant to this chapter shall be authority to perform only the functions authorized in RCW 18.135.010 subject to proper delegation and supervision in the health care facility making the certification or under the supervision of the certifying health care practitioner in other health care facilities or in his or her office or in the residences of research study participants in accordance with section 2 of this act. No certification made by one health care facility or health care practitioner is transferrable to another health care facility or health care practitioner.


        NEW SECTION. Sec. 4. 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."


        On page 1, line 2 of the title, after "settings;" strike the remainder of the title and insert "amending RCW 18.20.020 and 18.135.040; and adding a new section to chapter 18.135 RCW."

 

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42327}}

February 21, 2006

SSB 6401     Prime Sponsor, Senate Committee On Natural Resources, Ocean & Recreation: Modifying definitions of charter licenses. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; Chandler; Dickerson; Hunt; Kagi and Orcutt.


       Passed to Committee on Rules for second reading.

{{42328}}

February 21, 2006

ESSB 6428   Prime Sponsor, Senate Committee On Water, Energy & Environment: Providing for electronic product recycling. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further finds that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature further finds that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system.


        NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Authority" means the Washington materials management and financing authority created under section 28 of this act.

        (2) "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer.


        (3) "Board" means the board of directors of the Washington materials management and financing authority created under section 29 of this act.

        (4) "Collector" means an entity licensed to do business in the state that gathers unwanted covered electronic products from households, small businesses, school districts, small governments, and charities for the purpose of recycling and meets minimum standards that may be developed by the department.

        (5) "Contract for services" means an instrument executed by the authority and one or more persons or entities that delineates collection, transportation, and recycling services, in whole or in part, that will be provided to the citizens of the state within service areas as described in the approved standard plan.

        (6) "Covered electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally, a desktop computer, a laptop or a portable computer, or a cathode ray tube or flat panel television having a viewable area greater than four inches when measured diagonally that has been used in the state by any covered entity regardless of original point of purchase. "Covered electronic product" does not include: (a) A motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate from, the motor vehicle or aircraft; (b) monitoring and control instruments or systems; (c) medical devices; (d) products including materials intended for use as ingredients in those products as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts; (e) equipment used in the delivery of patient care in a health care setting; (f) a computer, computer monitor, or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (g) hand-held portable voice or data devices used for commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).

        (7) "Covered entity" means any household, charity, school district, small business, or small government located in Washington state.

        (8) "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities generated from households.

        (9) "Department" means the department of ecology.

        (10) "Electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally; a desktop computer; a laptop or a portable computer; or a cathode ray tube or flat screen television having a viewable area greater than four inches when measured diagonally.

         (11) "Equivalent share" means the weight in pounds of covered electronic products for which an individual manufacturer is responsible under this chapter as determined by the department under section 20 of this act.

        (12) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures.

        (13) "Independent plan" means a plan for the collection, transportation, and recycling of unwanted covered electronic products that is developed, implemented, and financed by an individual manufacturer or by an authorized party.

        (14) "Manufacturer" means any person, in business or no longer in business but having a successor in interest, who, irrespective of the selling technique used, including by means of distance or remote sale:

        (a) Manufactures or has manufactured a covered electronic product under its own brand names for sale in or into this state;

        (b) Assembles or has assembled a covered electronic product that uses parts manufactured by others for sale in or into this state under the assembler's brand names;

        (c) Resells or has resold in or into this state under its own brand names a covered electronic product produced by other suppliers, including retail establishments that sell covered electronic products under their own brand names;

        (d) Imports or has imported a covered electronic product into the United States that is sold in or into this state. However, if a company from whom an importer purchases or has purchased the merchandise performs activities conducted under the standards established for interstate commerce under the commerce clause of the United States Constitution, that company is deemed to be the manufacturer; or

        (e) Manufactures or manufactured a cobranded product for sale in or into this state that carries the name of both the manufacturer and a retailer.

        (15) "New entrant" means: (a) A manufacturer of televisions that have been sold in the state for less than ten years; or (b) a manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in the state for less than five years. However, a manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors that is deemed a new entrant under either only (a) or (b) of this subsection is not considered a new entrant for purposes of this chapter.

        (16) "Orphan product" means a covered electronic product that lacks a manufacturer's brand or for which the manufacturer is no longer in business and has no successor in interest.

        (17) "Plan's equivalent share" means the weight in pounds of covered electronic products for which a plan is responsible. A plan's equivalent share is equal to the sum of the equivalent shares of each manufacturer participating in that plan.

        (18) "Plan's return share" means the sum of the return shares of each manufacturer participating in that plan.

        (19) "Premium service" means services such as at-location system upgrade services provided to covered entities and at-home pickup services offered to households. "Premium service" does not include curbside service.

        (20) "Processor" means an entity engaged in disassembling, dismantling, or shredding electronic products to recover materials contained in the electronic products and prepare those materials for reclaiming or reuse in new products in accordance with processing standards established by this chapter and by the department. A processor may also salvage parts to be used in new products.

        (21) "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.

        (22) "Program" means the collection, transportation, and recycling activities conducted to implement an independent plan or the standard plan.

        (23) "Program year" means each full calendar year after the program has been initiated.

        (24) "Recycling" means transforming or remanufacturing unwanted electronic products, components, and byproducts into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include energy recovery or energy generation by means of combusting unwanted electronic products, components, and byproducts with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.

        (25) "Retailer" means a person who offers covered electronic products for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.

        (26) "Return share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under section 19 of this act.

        (27) "Reuse" means any operation by which an electronic product or a component of a covered electronic product changes ownership and is used for the same purpose for which it was originally purchased.

        (28) "Small business" means a business employing less than fifty people.

        (29) "Small government" means a city in the state with a population less than fifty thousand, a county in the state with a population less than one hundred twenty-five thousand, and special purpose districts in the state.

        (30) "Standard plan" means the plan for the collection, transportation, and recycling of unwanted covered electronic products developed, implemented, and financed by the authority on behalf of manufacturers participating in the authority.

        (31) "Transporter" means an entity that transports covered electronic products from collection sites or services to processors or other locations for the purpose of recycling, but does not include any entity or person that hauls their own unwanted electronic products.

        (32) "Unwanted electronic product" means a covered electronic product that has been discarded or is intended to be discarded by its owner.

        (33) "White box manufacturer" means a person who manufactured unbranded covered electronic products offered for sale in the state within ten years prior to a program year for televisions or within five years prior to a program year for desktop computers, laptop or portable computers, or computer monitors.


        NEW SECTION. Sec. 3. (1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.

        (2) An independent plan or the standard plan must be implemented and fully operational no later than January 1, 2009.

        (3) The manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation, and recycling of their plan's equivalent share of covered electronic products. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. However, this does not prohibit collectors providing premium or curbside services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan does not fully cover the cost of that service.

        (4) Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract pursuant to RCW 81.77.020.

        (5) Manufacturers are encouraged to collaborate with electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within the state in the development and implementation of their plans.


        NEW SECTION. Sec. 4. (1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.

        (2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department under section 23 of this act.

        (3) The department shall review the registration or renewal application and notify the manufacturer if their registration does not meet the requirements of this section. Within thirty days of receipt of such a notification from the department, the manufacturer must file with the department a revised registration addressing the requirements noted by the department.

        (4) The registration must include the following information:

        (a) The name and contact information of the manufacturer submitting the registration;

        (b) The manufacturer's brand names of covered electronic products, including all brand names sold in the state in the past, all brand names currently being sold in the state, and all brand names for which the manufacturer has legal responsibility under section 10 of this act;

        (c) The method or methods of sale used in the state; and

        (d) Whether the registrant will be participating in the standard plan or submitting an independent plan to the department for approval.

        (5) The registrant shall submit any changes to the information provided in the registration to the department within fourteen days of such change.

        (6) The department shall identify, using all reasonable means, manufacturers that are in business or that are no longer in business but that have a successor in interest by examining best available return share data and other pertinent data. The department shall notify manufacturers that have been identified and for whom an address has been found of the requirements of this chapter, including registration and plan requirements under this section and section 5 of this act.


        NEW SECTION. Sec. 5. (1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.

        (2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:

        (a) Each independent plan represents at least a five percent return share of covered electronic products; and

        (b) The manufacturer is not a new entrant or a white box manufacturer.

        (3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.

         (4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.

        (b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.

        (5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.


        NEW SECTION. Sec. 6. (1) All initial independent plans and the initial standard plan required under section 5 of this act must be submitted to the department by February 1, 2008. The department shall review each independent plan and the standard plan.

        (2) The authority submitting the standard plan and each authorized party submitting an independent plan to the department must pay a fee to the department to cover the costs of administering and implementing this chapter. The department shall set the fees as described under section 23 of this act.

        (3) The fees in subsection (2) of this section apply to the initial plan submission and plan updates and revisions required in section 7 of this act.

        (4) Within ninety days after receipt of a plan, the department shall determine whether the plan complies with this chapter. If the plan is approved, the department shall send a letter of approval. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan within sixty days after receipt of the letter of disapproval.

        (5) An independent plan and the standard plan must contain the following elements:

        (a) Contact information for the authority or authorized party and a comprehensive list of all manufacturers participating in the plan and their contact information;

         (b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

        (i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services; and

        (ii) Fairly compensate collectors for providing collection services;

        (c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;

        (d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in Washington;

        (e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;

        (f) Documentation of audits of each processor used in the plan and compliance with processing standards established under section 25 of this act;

        (g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;

        (h) A timeline describing startup, implementation, and progress towards milestones with anticipated results;

        (i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life.

        (6) The standard plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.

        (7) All transporters and collectors used to fulfill the requirements of this section must be registered as described in section 24 of this act.


        NEW SECTION. Sec. 7. (1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.

        (a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party shall submit to the department within sixty days of failing to provide service an updated plan addressing how the program will be adjusted to meet the program geographic coverage and collection service requirements established in section 9 of this act.

        (b) The authority or authorized party shall notify the department of any modification to the plan. If the department determines that the authority or authorized party has significantly modified the program described in the plan, the authority or authorized party shall submit a revised plan describing the changes to the department within sixty days of notification by the department.

        (2) Within sixty days after receipt of a revised plan, the department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the department shall send a letter of approval. If the revised plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan revision within sixty days after receipt of the letter of disapproval.

        (3) The authority or authorized parties may buy and sell collected covered electronic products with other programs without submitting a plan revision for review.


        NEW SECTION. Sec. 8. (1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.

        (2) Manufacturers may not change from one plan to another plan during a program year.

        (3) A manufacturer participating in the standard plan wishing to implement or participate in an independent plan may do so by complying with rules adopted by the department under section 23 of this act.


        NEW SECTION. Sec. 9. (1) A program must provide collection services for covered electronic products of all product types that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide collection service in every county of the state. A program may provide collection services jointly with another plan or plans.

        (a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.


        (b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.

        (c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an on-going basis.

        (2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.

        (3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.

        (4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.

        (5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.


        NEW SECTION. Sec. 10. Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to the effective date of this section, unless that responsibility remains with another entity per the purchase agreement and the acquiring manufacturer provides the department with a letter from the other entity accepting responsibility for the covered electronic products. Cobranding manufacturers may negotiate with retailers for responsibility for those products and must notify the department of the results of their negotiations.


        NEW SECTION. Sec. 11. (1) An independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every program year. The information collected must include a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, the total weight of the sample by product type, and any additional information needed to assign return share.

        (2) The sampling must be conducted in the presence of the department or a third-party organization approved by the department. The department may, at its discretion, audit the methodology and the results.

        (3) After the fifth program year, the department may reassess the sampling required in this section. The department may adjust the frequency at which manufacturers must implement the sampling or may adjust the frequency at which manufacturers must provide certain information from the sampling. Prior to making any changes, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any such changes.


        NEW SECTION. Sec. 12. (1) An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their covered electronic products at the end of the product's life, including providing a web site or a toll-free telephone number that gives information about the recycling program in sufficient detail to educate covered entities regarding how to return their covered electronic products for recycling.

        (2) The department shall promote covered electronic product recycling by:

        (a) Posting information describing where to recycle unwanted covered electronic products on its web site;

        (b) Providing information about recycling covered electronic products through a toll-free telephone service; and

        (c) Developing and providing artwork for use in flyers and signage to retailers upon request.

        (3) Local governments shall promote covered electronic product recycling, including listings of local collection sites and services, through existing educational methods typically used by each local government.

        (4) A retailer who sells new covered electronic products shall provide information to consumers describing where and how to recycle covered electronic products and opportunities and locations for the convenient collection or return of the products. This requirement can be fulfilled by providing the department's toll-free telephone number and web site. Remote sellers may include the information in a visible location on their web site as fulfillment of this requirement.

        (5) Manufacturers, state government, local governments, retailers, and collection sites and services shall collaborate in the development and implementation of the public information campaign.


        NEW SECTION. Sec. 13. (1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, as described in section 22 of this act, shall be deposited into the account. Any moneys collected for manufacturer registration fees, fees associated with reviewing and approving plans and plan revisions, and penalties levied under this chapter shall be deposited into the account.

         (2) Only the director of the department or the director's designee 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.

        (3) Moneys in the account may be used solely by the department for the purposes of fulfilling department responsibilities specified in this chapter and for expenditures to the authority and authorized parties resulting from plans exceeding their equivalent share, as described in section 22 of this act. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.


        NEW SECTION. Sec. 14. (1) By March 1st of the second program year and each program year thereafter, the authority and each authorized party shall file with the department an annual report for the preceding program year.

        (2) The annual report must include the following information:

        (a) The total weight in pounds of covered electronic products collected and recycled, by county, during the preceding program year including documentation verifying collection and processing of that material. The total weight in pounds includes orphan products. The report must also indicate and document the weight in pounds received from each nonprofit charitable organization primarily engaged in the business of reuse and resale used by the plan. The report must document the weight in pounds that were received in large quantities from small businesses, small governments, charities and school districts as described in section 9(5) of this act;

        (b) The collection services provided in each county and for each city with a population over ten thousand including a list of all collection sites and services operating in the state in the prior program year and the parties who operated them;

        (c) A list of processors used, the weight of covered electronic products processed by each direct processor, and a description of the processes and methods used to recycle the covered electronic products including a description of the processing and facility locations. The report must also include a list of subcontractors who further processed or recycled unwanted covered electronic products, electronic components, or electronic scrap described in section 25(1)(b) of this act, including facility locations;

        (d) Other documentation as established under section 25(1)(d) of this act;

        (e) Educational and promotional efforts that were undertaken;

        (f) The results of sampling and sorting as required in section 11 of this act, including a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, and the total weight of the sample by product type;

        (g) The list of manufacturers that are participating in the standard plan; and

        (h) Any other information deemed necessary by the department.

        (3) The department shall review each report within ninety days of its submission and shall notify the authority or authorized party of any need for additional information or documentation, or any deficiency in its program.

        (4) All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270.


        NEW SECTION. Sec. 15. Nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale and that are used by a plan to collect covered electronic products shall file a report with the department by March 1st of the second program year and each program year thereafter. The report must indicate and document the weight of covered electronic products sent for recycling during the previous program year attributed to each plan that the charitable organization is participating in.


        NEW SECTION. Sec. 16. (1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in the state unless the electronic product is labeled with the manufacturer's brand. The label must be permanently affixed and readily visible.

         (2) In-state retailers in possession of unlabeled products on January 1, 2007, may exhaust their stock through sales to the public.


        NEW SECTION. Sec. 17. No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the department under section 4 of this act and is participating in an approved plan under section 5 of this act. A person that sells or offers for sale a covered electronic product in the state shall consult the department's web site for lists of manufacturers with registrations and approved plans prior to selling a covered electronic product in the state. A person is considered to have complied with this section if on the date the product was ordered from the manufacturer or its agent, the manufacturer was listed as having registered and having an approved plan on the department's web site.


        NEW SECTION. Sec. 18. (1) The department shall maintain on its web site the following information:

        (a) The names of the manufacturers and the manufacturer's brands that are registered with the department under section 4 of this act;

        (b) The names of the manufacturers and the manufacturer's brands that are participating in an approved plan under section 5 of this act;

        (c) The names and addresses of the collectors and transporters that are listed in registrations filed with the department under section 24 of this act;

        (d) The names and addresses of the processors used to fulfill the requirements of the plans;

        (e) Return and equivalent shares for all manufacturers.

        (2) The department shall update this web site information promptly upon receipt of a registration or a report.


        NEW SECTION. Sec. 19. (1) The department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an independent plan, then multiplying the quotient by one hundred.

         (2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding return share data from other states and other pertinent data.

        (3) For the second and each subsequent program year, the department shall determine the return share for such manufacturers using all reasonable means and based on the most recent sampling of covered electronic products conducted in the state under section 11 of this act.


        NEW SECTION. Sec. 20. (1) The department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section.

        (2)(a) By June 1st of each program year, the department shall notify each manufacturer of the manufacturer's equivalent share of covered electronic products to be applied to the previous program year. The department shall also notify each manufacturer of how its equivalent share was determined.

        (b) By June 1st of each program year, the department shall bill any authorized party or authority that has not attained its plan's equivalent share as determined under section 22 of this act. The authorized party or authority shall remit payment to the department within sixty days from the billing date.

        (c) By September 1st of each program year, the department shall pay any authorized party or authority that exceeded its plan's equivalent share.


        (3) Plans that utilize the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit annually.


        NEW SECTION. Sec. 21. (1) By June 1, 2007, the department shall notify each manufacturer of its preliminary return share of covered electronic products for the first program year.

        (2) Preliminary return share of covered electronic products must be announced annually by June 1st of each program year for the next program year.

        (3) Manufacturers may challenge the preliminary return share by written petition to the department. The petition must be received by the department within thirty days of the date of publication of the preliminary return shares.

        (4) The petition must contain a detailed explanation of the grounds for the challenge, an alternative calculation, and the basis for such a calculation, documentary evidence supporting the challenge, and complete contact information for requests for additional information or clarification.

        (5) Sixty days after the publication of the preliminary return share, the department shall make a final decision on return share, having fully taken into consideration any and all challenges to its preliminary calculations.

        (6) A written record of challenges received and a summary of the bases for the challenges, as well as the department's response, must be published at the same time as the publication of the final return share.

        (7) By August 1, 2007, the department shall publish the final return shares for the first program year. By August 1st of each program year, the department shall publish the final return shares for use in the coming program year.


        NEW SECTION. Sec. 22. (1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is less than the plan's equivalent share of covered electronic products for that year, then the authority or authorized party shall submit to the department a payment equal to the weight in pounds of the deficit multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products and an administrative fee. Moneys collected by the department must be deposited in the electronic products recycling account.

         (2) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is more than the plan's equivalent share of covered electronic products for that year, then the department shall submit to the authority or authorized party, a payment equal to the weight in pounds of the surplus multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products.

        (3) For purposes of this section, the initial reasonable collection, transportation, and recycling cost for covered electronic products is forty-five cents per pound and the administrative fee is five cents per pound.

        (4) Fees assessed to the authority and manufacturers participating in the standard plan must include the costs associated with the department's determination of market share as described in section 30 of this act.

        (5) The department may annually adjust the reasonable collection, transportation, and recycling cost for covered electronic products and the administrative fee described in this section. Prior to making any changes in the fees described in this section, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any changes to the reasonable collection, transportation, and recycling cost or the administrative fee by January 1st of the program year in which the change is to take place.


        NEW SECTION. Sec. 23. (1) The department shall adopt rules to determine the process for manufacturers to change plans under section 8 of this act.

        (2) The department shall establish annual registration and plan review fees for administering this chapter. An initial fee schedule must be established by rule and be adjusted no more often than once every two years. All fees charged must be based on factors relating to administering this chapter and be based on a sliding scale that is representative of annual sales of covered electronic products in the state. Fees must be established in amounts to fully recover and not to exceed expenses incurred by the department to implement this chapter.

        (3) The department shall establish an annual process for local governments and local communities to report their satisfaction with the services provided by plans under this chapter. This information must be used by the department in reviewing plan updates and revisions.

        (4) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.


        NEW SECTION. Sec. 24. Each collector and transporter of covered electronic products in the state must register annually with the department. The registration must include all identification requirements for licensure in the state and the geographic area of the state that they serve. The department shall develop a single form for registration of both collectors and transporters.


        NEW SECTION. Sec. 25. (1)(a) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements of their respective standard plan or independent plan has provided the authority or the authorized party a written statement that the processor will comply with the requirements of this section.

        (b) The international export of any unwanted covered electronic products or electronic components or electronic scrap derived from such products destined for disposal or recycling that are capable of leaching lead, cadmium, mercury, hexavalent chromium, or selenium or selenium compounds in concentrations above the limits listed in 40 C.F.R. Sec. 261.24 as of the effective date of this act shall be prohibited except for exports to:

        (i) Countries that are members of the organization for economic cooperation and development;

        (ii) Countries that are members of the European community; or

        (iii) Countries that have entered into an agreement with the United States that allows for such exports.

        (c) Any unwanted electronic products or electronic components derived from such products that are capable of leaching lead, cadmium, mercury, hexavalent chromium, or selenium or selenium compounds in concentrations exceeding the levels established in 40 C.F.R. Sec. 261.24 as of the effective date of this act and exported to countries that are not members of the organization for economic cooperation and development or the European community or with whom the United States has not entered into an agreement for such export for reuse, must be tested and labeled as fully functional or needing only repairs that do not result in the replacement of components capable of leaching these substances in concentrations exceeding the levels established in 40 C.F.R. Sec. 261.24 as of the effective date of this act.

        (d) The department shall establish rules to implement this section, including any requirements necessary to ensure that full compliance is adequately documented.

        (2) The department shall establish by rule performance standards for environmentally sound management for processors directly used to fulfill the requirements of an independent plan or the standard plan. Performance standards may include financial assurance to ensure proper closure of facilities consistent with environmental standards.

        (3) The department shall establish by rule guidelines regarding nonrecycled residual that may be properly disposed after covered electronic products have been processed.

        (4) The department may audit processors that are utilized to fulfill the requirements of an independent plan or the standard plan.

        (5) No plan or program required under this chapter may include the use of federal or state prison labor for processing.


        NEW SECTION. Sec. 26. (1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall send a written warning to a manufacturer that does not have an approved plan or is not participating in an approved plan as required under section 5 of this act. The written warning must inform the manufacturer that it must participate in an approved plan within thirty days of the notice. Any violation after the initial written warning shall be assessed a penalty of up to ten thousand dollars for each violation.

        (2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along with notification that the authority or authorized party must implement its plan within thirty days of the violation. After thirty days, the authority or any authorized party failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation.

        (3) Any person that does not comply with manufacturer registration requirements under section 4 of this act, education and outreach requirements under section 12 of this act, reporting requirements under section 14 of this act, labeling requirements under section 16 of this act, retailer responsibility requirements under section 17 of this act, collector or transporter registration requirements under section 24 of this act, or requirements under section 25 of this act, must first receive a written warning including a copy of the requirements under this chapter and thirty days to correct the violation. After thirty days, a person must be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation.

        (4) All penalties levied under this section must be deposited into the electronic products recycling account created under section 13 of this act.

        (5) The department shall enforce this section.


        NEW SECTION. Sec. 27. By December 31, 2012, the department shall provide a report to the appropriate committees of the legislature that includes the following information:

        (1) For each of the preceding program years, the weight of covered electronic products recycled in the state by plan, by county, and in total;

        (2) The performance of each plan in meeting its equivalent share, and payments received from and disbursed to each plan from the electronic products recycling account;

        (3) A description of the various collection programs used to collect covered electronic products in the state;

        (4) An evaluation of how the pounds per capita recycled of covered electronic products in the state compares to programs in other states;

        (5) Comments received from local governments and local communities regarding satisfaction with the program, including accessibility and convenience of services provided by the plans;

        (6) Recommendations on how to improve the statewide collection, transportation, and recycling system for convenient, safe, and environmentally sound recycling of electronic products; and

         (7) An analysis of whether and in what amounts unwanted electronic products and electronic components and electronic scrap exported from Washington have been exported to countries that are not members of the organization for economic cooperation and development or the European union, and recommendations for addressing such exports.


        NEW SECTION. Sec. 28. (1) The Washington materials management and financing authority is established as a public body corporate and politic, constituting an instrumentality of the state of Washington exercising essential governmental functions.

        (2) The authority shall plan and implement a collection, transportation, and recycling program for manufacturers that have registered with the department their intent to participate in the standard program as required under section 4 of this act.

        (3) Membership in the authority is comprised of registered participating manufacturers. Any manufacturer who does not qualify or is not approved to submit an independent plan, or whose independent plan has not been approved by the department, is a member of the authority.

        (4) The authority shall act as a business management organization on behalf of the citizens of the state to manage financial resources and contract for services for collection, transportation, and recycling of covered electronic products.

        (5) The authority's standard plan is responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer. All new entrants and white box manufacturers must participate in the standard plan.

        (6) The authority shall accept into the standard program covered electronic products from any registered collector who meets the requirements of this chapter. The authority shall compensate registered collectors for the reasonable costs associated with collection, but is not required to compensate nor restricted from compensating the additional collection costs resulting from the additional convenience offered to customers through premium and curbside services.

        (7) Except as specifically allowed in this chapter, the authority shall operate without using state funds or lending the credit of the state or local governments.

         (8) The authority shall develop innovative approaches to improve materials management efficiency in order to ensure and increase the use of secondary material resources within the economy.


        NEW SECTION. Sec. 29. (1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of the department. Five board positions are reserved for representatives of the top ten brand owners by return share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling their own private label. The return share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by January 1, 2007.

        (b) The board must have representation from both television and computer manufacturers.

        (2) The board shall select from its membership the chair of the board and such other officers as it deems appropriate.

        (3) A majority of the board constitutes a quorum.

        (4) The directors of the department of community, trade, and economic development and the department of ecology, and the state treasurer serve as ex officio members. The state agency directors and the state treasurer serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority. Ex officio designations must be made in writing and communicated to the authority director.

        (5) The board shall create its own bylaws in accordance with the laws of the state of Washington.

        (6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.

        (7) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter.


        NEW SECTION. Sec. 30. (1) Manufacturers participating in the standard plan shall pay the authority to cover all administrative and operational costs associated with the collection, transportation, and recycling of covered electronic products within the state of Washington incurred by the standard program operated by the authority to meet the standard plan's equivalent share obligation as described in section 28(5) of this act.

        (2) The authority shall assess charges on each manufacturer participating in the standard plan and collect funds from each participating manufacturer for the manufacturer's share of the costs in subsection (1) of this section. Such shares must be based on current market share as determined by the department. The department shall use statistically valid methodologies to determine market share for those participating in the standard plan. The department shall include the cost of determining current market share in the fees charged to the authority and manufacturers participating in the standard plan as described in section 23(4) of this act. The authority's assignment of shares to manufacturers participating in the standard plan may not include nor be based on electronic products imported through the state and subsequently exported outside the state. Charges assessed under this section must not be formulated in such a way as to create incentives to divert imported electronic products to ports or distribution centers in other states. The authority shall adjust the charges to manufacturers participating in the standard plan as necessary in order to ensure that all costs associated with the identified activities are covered.

        (3) Any manufacturer participating in the standard plan may appeal the determination of current market share by written petition to the director of the department. The petition must be received by the director of the department within thirty days of the publication of market share and must contain a detailed explanation and documentary evidence of the grounds for the appeal. Within sixty days of the publication of market share, the director of the department or the director's designee, shall review all appeals and shall make a final determination of market share having fully taken into consideration any and all challenges to its initial determination.

        (4) Nothing in this section authorizes the authority to assess fees or levy taxes directly on the sale or possession of electronic products.

        (5) If a manufacturer has not met its financial obligations as determined by the authority under this section, the authority shall notify the department that the manufacturer is no longer participating in the standard plan.

        (6) The authority shall submit its plan for assessing charges on manufacturers participating in the standard plan to the department for review and approval along with the standard plan as provided in section 6 of this act.

        (7) Any manufacturer participating in the standard plan may appeal an assessment of charges levied by the authority under this section to the director of the department. The director of the department or the director's designee shall review all appeals and shall reverse any assessments of charges if the director finds that the authority's determination was an arbitrary administrative decision or an abuse of administrative discretion. If the director of the department reverses an assessment of charges, the authority must redetermine the assessment.


        NEW SECTION. Sec. 31. (1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to:

        (a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard plan;

        (b) Pay for the expenses of the authority including, but not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses related to the costs associated with operating the authority;

        (c) Pay into the electronic products recycling account amounts billed by the department to the authority for any deficit in reaching the standard plan's equivalent share as required under section 22 of this act; and

        (d) Pay the department for the fees for submitting the standard plan and any plan revisions.

        (2) If practicable, the authority shall avoid creating new infrastructure already available through private industry in the state.

         (3) The authority may not receive an appropriation of state funds, other than:

        (a) Funds that may be provided as a one-time loan to cover administrative costs associated with start up of the authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no appropriated funds may be used to pay for collection, transportation, or recycling services; and

        (b) Funds received from the department from the electronic products recycling account for exceeding the standard plan's equivalent share.

        (4) The authority may receive additional sources of funding that do not obligate the state to secure debt.

        (5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and must remain under the complete control of the authority and its board of directors, be fully available to achieve the intent of this chapter, and be used for the sole purpose of achieving the intent of this chapter.



        NEW SECTION. Sec. 32. (1) The board shall adopt a general operating plan of procedures for the authority. The board shall also adopt operating procedures for collecting funds from participating covered electronic manufacturers and for providing funding for contracted services. These operating procedures must be adopted by resolution prior to the authority operating the applicable programs.

        (2) The general operating plan must include, but is not limited to: (a) Appropriate minimum reserve requirements to secure the authority's financial stability; and (b) appropriate standards for contracting for services.

        (3) The board shall conduct at least one public hearing on the general operating plan prior to its adoption. The authority shall provide and make public a written response to all comments received by the public.

        (4) The general operating plan must be adopted by resolution of the board. The board may periodically update the general operating plan as necessary, but must update the plan no less than once every four years. The general operating plan or updated plan must include a report on authority activities conducted since the commencement of authority operation or since the last reported general operating plan, whichever is more recent, including a statement of results achieved under the purposes of this chapter and the general operating plan. Upon adoption, the authority shall conduct its programs in observance of the objectives established in the general operating plan.


        NEW SECTION. Sec. 33. (1) The authority shall employ a chief executive officer, appointed by the board, and a chief financial officer, as well as professional, technical, and support staff, appointed by the chief executive officer, necessary to carry out its duties.

        (2) Employees of the authority are not classified employees of the state. Employees of the authority are exempt from state service rules and may receive compensation only from the authority at rates competitive with state service.

        (3) The authority may retain its own legal counsel.

        (4) The departments of ecology and community, trade, and economic development shall provide staff to assist in the creation of the authority. If requested by the authority, the departments of ecology and community, trade, and economic development shall also provide start-up support staff to the authority for its first twelve months of operation, or part thereof, to assist in the quick establishment of the authority. Staff expenses must be paid through funds collected by the authority and must be reimbursed to the departments from the authority's financial resources within the first twenty-four months of operation.

        (5) In addition to accomplishing the activities specifically authorized in this chapter, the authority may:

        (a) Maintain an office or offices;

        (b) Make and execute all manner of contracts, agreements, and instruments and financing documents with public and private parties as the authority deems necessary, useful, or convenient to accomplish its purposes;

        (c) Make expenditures as appropriate for paying the administrative costs and expenses of the authority in carrying out the provisions of this chapter;

        (d) Give assistance to private and public bodies contracted to provide collection, transportation, and recycling services by providing information, guidelines, forms, and procedures for implementing their programs;

         (e) Delegate, through contract, any of its powers and duties if consistent with the purposes of this chapter; and

        (f) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and exercise the powers expressly granted in this chapter.


        NEW SECTION. Sec. 34. This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of covered electronic products that substantially meets the intent of this chapter, including the creation of a financing mechanism for collection, transportation, and recycling of all covered electronic products from households, small businesses, school districts, small governments, and charities in the United States.


        NEW SECTION. Sec. 35. A new section is added to chapter 43.19 RCW to read as follows:

        (1) The department of general administration shall establish purchasing and procurement policies that establish a preference for electronic products that meet environmental performance standards relating to the reduction or elimination of hazardous materials.

        (2) The department of general administration shall ensure that their surplus electronic products, other than those sold individually to private citizens, are managed only by registered transporters and by processors meeting the requirements of section 25 of this act.

        (3) The department of general administration shall ensure that their surplus electronic products are directed to legal secondary materials markets by requiring a chain of custody record that documents to whom the products were initially delivered through to the end use manufacturer.


        Sec. 36. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:

        The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

        (1) 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;

        (2) 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 (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;

        (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

        (4) 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;

        (5) 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;

        (6) 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;

        (7) Financial and valuable trade information under RCW 51.36.120;


        (8) 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;

        (9) 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;

        (10) 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;

         (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) 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; ((and))

        (12)(a) When supplied to and in the records of the department of community, trade, and economic development:

        (i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and

        (ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

        (b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

        (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

        (d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and

        (13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.-- RCW (sections 1 through 34 of this act) to implement chapter 70.-- RCW (sections 1 through 34 of this act).


        NEW SECTION. Sec. 37. This act must be liberally construed to carry out its purposes and objectives.


        NEW SECTION. Sec. 38. 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. 39. This act takes effect July 1, 2006.


        NEW SECTION. Sec. 40. Sections 1 through 34 of this act constitute a new chapter in Title 70 RCW."


        On page 1, line 2 of the title, after "opportunities;" strike the remainder of the title and insert "amending RCW 42.56.270; adding a new section to chapter 43.19 RCW; adding a new chapter to Title 70 RCW; creating a new section; prescribing penalties; and providing an effective date."

 

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Blake; Dickerson; Hunt and Kagi.

 

MINORITY recommendation: Do not pass. Signed by Representatives Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Chandler and Orcutt.


       Referred to Committee on Appropriations.

{{42329}}

February 22, 2006

ESB 6433     Prime Sponsor, Senator Kastama: Establishing the emergency management, preparedness, and assistance account. Reported by Committee on State Government Operations & Accountability

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that recent events, including the 9/11 terrorist acts, the tsunami in southeast Asia, Hurricanes Katrina and Rita in the gulf coast, outbreaks of avian flu, and the earthquake in Pakistan, have demonstrated the need for a coordinated, comprehensive all-hazards disaster plan involving citizens, industry, local governments, and the state. Washington state's topography, geography, location, and strategic and economic interests place the state at particular risk from both natural disasters and man-made disasters. In response, Washington state and its local governments have implemented nationally recognized all-hazards emergency management and disaster response plans. However, recent studies have revealed the lack of a secure funding source for resolving impediments to the ability of state and local programs to integrate and coordinate comprehensive disaster preparedness. In addition, local programs suffer disparities in funding and expertise, leaving troublesome gaps in a well-coordinated statewide all-hazards emergency management system.

        Recognizing that all disasters are local disasters, the legislature therefore intends to strengthen state and local emergency response, mitigation, preparation, and coordination by establishing a stable source of funding with the intent that Washington state become the nationally recognized leader in emergency management. The funding will be dedicated to the development and coordination of state and local government emergency management programs by supporting joint training exercises, citizen and industry coordination with emergency management efforts, public education, and relationship building among local and state emergency management officials.


        NEW SECTION. Sec. 2. The emergency management, preparedness, and assistance account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in section 3 of this act.


        NEW SECTION. Sec. 3. (1)(a) The department must use twenty percent of the funds appropriated from the emergency management, preparedness, and assistance account for the department's administration of this section, and to: Fund the department's assessment required by section 4 of this act; fund state agency activities, including military department activities, that develop and coordinate comprehensive emergency management plans; train elected and appointed state officials on state laws, disaster command and response structures, and the roles and responsibilities of officials before, during, and after a disaster; administer periodic joint emergency management training exercises involving the military department and other state agencies; and implement state agency projects that will strengthen emergency response, mitigation, preparation, and coordination.

        (b) From the remaining funds, the department shall pay for the study required in section 5 of this act, and the remainder must be allocated for grants to regional agencies, local governments, tribal governments, regional incident management teams, and private organizations to: Develop and coordinate comprehensive emergency management plans; train elected and appointed officials on state laws, ordinances, disaster command and response structures, and the roles and responsibilities of officials before, during, and after a disaster; administer periodic joint emergency management training exercises; and implement projects that will strengthen emergency response, mitigation, preparation, and coordination.

        (2) Projects funded under this section must include, but need not be limited to, projects that will promote statewide and neighborhood level public education on disaster preparedness and recovery issues, situate all weather radios in public buildings, enhance coordination of public sector and private sector relief efforts, and improve the training and operations capabilities of agencies assigned lead or support responsibilities in the state comprehensive emergency management plan.

         (3) Grant funding may also be used as seed money to establish a dedicated, full-time emergency management director in every county that does not have such a director as of the effective date of this section.

        (4) The department must establish criteria and procedures for competitive allocation of these funds by rule. At a minimum, the rules must:

        (a) Establish preferential funding for projects and exercises addressing needs and recommendations identified by the department in the assessment conducted under section 4 of this act;

        (b) Specify a formula that establishes a base grant allocation and weighted factors for funds to be allocated over the base grant amount for regional agencies, local governments, tribal governments, regional incident management teams, and private organizations with existing emergency management and preparedness programs that are located in a part of the state where the risk of exposure to disasters is deemed by the department to be particularly acute;

        (c) Specify match requirements; and

        (d) Include requirements that, at a minimum, a local emergency management agency have: A comprehensive emergency management plan or be a member of a joint local organization for emergency management; and a local director who works at least forty hours a week in that capacity, or have designated by ordinance or resolution an emergency management coordinator who works at least fifteen hours a week in that capacity.

        (5) No more than five percent of any award made under subsection (1)(b) of this section may be used for administrative expenses.

        (6) The distribution formula provided in this section may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds.

        (7) Local governments and other recipients of funds under this section may not use the funds to supplant existing funding.


        NEW SECTION. Sec. 4. Beginning in January 2008 and biennially thereafter, the department must conduct in conjunction with the emergency management council a strategic assessment of, and issue a report on, the ability of state, local, and tribal emergency management organizations to effectively provide for all phases of comprehensive emergency management. The assessment must:

        (1) Evaluate state, local, and tribal emergency management capabilities and needs;

        (2) Evaluate the ability of state, local, and tribal emergency management organizations to provide emergency management mitigation, preparedness, response, and recovery;

        (3) Evaluate the effectiveness of the emergency management structure at the state, local, and tribal levels;

        (4) Provide findings and make recommendations that increase the ability of state, local, and tribal emergency management organizations to meet current and future risks; and

        (5) Detail where and for what purpose funds under section 3(1)(b) of this act have been distributed.


        NEW SECTION. Sec. 5. The joint legislative audit and review committee must study and review the performance of programs implemented under this act. The committee must examine at least the following factors: The number and type of joint exercises conducted under section 3 of this act; the number of programs receiving grant money and the status of those programs; the coordination of comprehensive emergency management plans between state and local jurisdictions; the number of training programs administered; the number of comprehensive emergency management or safety plans created using funds distributed under section 3 of this act; and the number of emergency preparedness officials created and trained with funds distributed under this act. The committee must provide a final report on this review by December 2008. Funds from the emergency management, preparedness, and assistance account may be provided to the committee for the purposes of conducting the study.


        NEW SECTION. Sec. 6. Sections 2 through 4 of this act are each added to chapter 38.52 RCW."


        Correct the title.

 

Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia; Schindler and Sump.


       Referred to Committee on Appropriations.

{{42330}}

February 21, 2006

SSB 6439     Prime Sponsor, Senate Committee On Natural Resources, Ocean & Recreation: Concerning coastal crab fisheries licenses. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 77.70.350 and 1994 c 260 s 10 are each amended to read as follows:

        (1) The following restrictions apply to vessel designations and substitutions on Dungeness crab-coastal fishery licenses ((and Dungeness crab-coastal class B fishery licenses)):

        (a) The holder of the license may not:

        (i) Designate on the license a vessel the hull length of which exceeds ninety-nine feet((, nor may the holder)); or

        (ii) Change vessel designation if the hull length of the vessel proposed to be designated exceeds the hull length ((of the currently designated vessel)) designated on the license on the effective date of this section by more than ten feet. However, if such vessel designation is the result of an emergency transfer, the applicable vessel length would be the most recent permanent vessel designation on the license prior to the effective date of this section;

        (b) If the hull length of the vessel proposed to be designated is comparable to or exceeds by up to one foot the hull length of the currently designated vessel, the department may change the vessel designation no more than once in any two consecutive Washington state coastal crab seasons unless the currently designated vessel is lost or in disrepair such that it does not safely operate, in which case the department may allow a change in vessel designation;

        (c) If the hull length of the vessel proposed to be designated exceeds by between one and ten feet the hull length of the ((currently)) designated vessel on the effective date of this section, the department may change the vessel designation no more than once ((in any five consecutive Washington state coastal crab seasons)) on or after the effective date of this section, unless a request is made by the license holder during a Washington state coastal crab season for an emergency change in vessel designation. If such an emergency request is made, the director may allow a temporary change in designation to another vessel, if the hull length of the other vessel does not exceed by more than ten feet the hull length of the currently designated vessel.

        (2) For the purposes of this section, "hull length" means the length overall of a vessel's hull as shown by ((United States coast guard documentation or)) marine survey((,)) or ((for vessels that do not require United States coast guard documentation,)) by manufacturer's specifications ((or marine survey)).

(3) By December 31, 2010, the department must, in cooperation with the coastal crab fishing industry, evaluate the effectiveness of this section and, if necessary, recommend any statutory changes to the appropriate committees of the senate and house of representatives."

 

Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; Chandler; Dickerson; Hunt; Kagi and Orcutt.


       Passed to Committee on Rules for second reading.

{{42331}}

February 21, 2006

SSB 6473     Prime Sponsor, Senate Committee On Water, Energy & Environment: Eliminating the requirement that telecommunications companies file price lists. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hankins; Hudgins; Nixon; P. Sullivan; Sump and Takko.


       Passed to Committee on Rules for second reading.

{{42332}}

February 22, 2006

SB 6493       Prime Sponsor, Senator Kline: Revising the jurisdiction of drug courts. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Kirby; Springer; Williams and Wood.

 

MINORITY recommendation: Do not pass. Signed by Representatives Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Serben.


       Passed to Committee on Rules for second reading.

{{42333}}

February 21, 2006

ESSB 6508   Prime Sponsor, Senate Committee On Water, Energy & Environment: Developing minimum renewable fuel content requirements and fuel quality standards in an alternative fuels market. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to establish a market for alternative fuels in Washington. By requiring a growing percentage of our fuel supply to be renewable biofuel that meets appropriate fuel quality standards, we will reduce our dependence on imports of foreign oil, improve the health and quality of life for Washingtonians, and stimulate the creation of a new industry that benefits our farmers and rural communities. The legislature finds that it is in the public interest for the state to play a central role in spurring the market by purchasing an increasing amount of alternative fuels. The legislature agrees with national leaders that we must act now, and that the more than two years before the requirements of this act take effect is sufficient time for feedstock and fuel providers to prepare for successful implementation.



        NEW SECTION. Sec. 2. A new section is added to chapter 19.112 RCW to read as follows:

        (1) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees and special fuel distributors, shall provide evidence to the department of licensing that at least two percent of total annual diesel fuel sales are biodiesel fuel sales, six months after the director determines that feedstock grown in Washington state can satisfy a two-percent requirement, or the date November 30, 2008, has passed.

        (2) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees and special fuel distributors, shall provide evidence to the department of licensing that at least five percent of total annual diesel fuel sales are biodiesel fuel sales, six months after the director determines that both in-state oil seed crushing capacity and feedstock grown in Washington state can satisfy a three-percent requirement.

        (3) For the purposes of this chapter, "biodiesel fuel" has the meaning provided in RCW 82.29A.135.

        (4) The director and the director of licensing shall adopt rules for enforcing and carrying out the purposes of this section.


        NEW SECTION. Sec. 3. A new section is added to chapter 19.112 RCW to read as follows:

        (1) Beginning December 1, 2008, all gasoline sold or offered for sale in Washington shall contain at least two percent denatured ethanol by volume.

        (2) If the director of ecology determines that ethanol content greater than two percent will not jeopardize continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution in Washington and the director of agriculture determines that sufficient raw materials are available within Washington to support economical production of ethanol at higher levels, the director of agriculture may require by rule that all gasoline sold or offered for sale in Washington shall contain up to a maximum of ten percent of denatured ethanol by volume. The director of agriculture shall allow six months to meet the new minimum content requirement under this subsection.

        (3) The director of agriculture shall adopt rules for enforcing and carrying out the purposes of this section.


        Sec. 4. RCW 19.112.020 and 1990 c 102 s 3 are each amended to read as follows:

(1) This chapter shall be administered by the director or his or her authorized agent. ((For the purpose of administering this chapter,))

(2) The director, by rule, shall adopt standards for motor fuel and for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements ((thereto, and revisions thereof, are adopted)), amendments, or revisions thereof, all or part of the standards set forth in the National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality rules, and any supplements, amendments, or revisions thereof, together with applicable federal environmental protection agency standards. If a conflict exists between federal environmental protection agency standards, ASTM standards, or ((state)) NIST standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM and NIST standards. ((Any state standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not in conflict with federal environmental protection agency standards.)) The department of agriculture shall not exceed ASTM standards for diesel.

(3) The director may establish a fuel testing laboratory or may contract with a laboratory for testing. The director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. The director shall require fuel pumps offering biodiesel and ethanol blends to be identified by a label stating the percentage of biodiesel or ethanol.


        NEW SECTION. Sec. 5. A new section is added to chapter 19.112 RCW to read as follows:

        The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation, including the potential for credit trading, compliance and enforcement provisions, and tracking and reporting requirements; and how the use of renewable fuel blends greater than two percent for ethanol could achieve the goals of this act. The director shall make recommendations to the legislature and the governor on the implementation or suspension of this act by September 1, 2007.


        Sec. 6. RCW 43.19.642 and 2003 c 17 s 2 are each amended to read as follows:

        (1) All state agencies are encouraged to use a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel for use in diesel-powered vehicles and equipment.

         (2) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent.

(3) Effective June 1, 2009, all state agencies are required to use a minimum of twenty percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel-powered vessels, vehicles, and construction equipment.

        (4) All state agencies using biodiesel fuel shall, beginning on July 1, 2006, file quarterly reports with the department of general administration documenting any problems encountered with the use of the fuel and a description of how the problems were resolved.


        NEW SECTION. Sec. 7. A new section is added to chapter 43.19 RCW to read as follows:

        (1) The department of general administration must assist state agencies seeking to meet the biodiesel fuel mandates in RCW 43.19.642 by coordinating the purchase and delivery of biodiesel if requested by any state agency. The department may use long-term contracts of up to ten years to secure a sufficient and stable supply of biodiesel for use by state agencies.

        (2) The department shall compile and analyze the reports submitted under RCW 43.19.642(4) and report its findings and recommendations to the governor and legislature within thirty days from the end of each reporting period. The governor shall consider these reports in determining whether to temporarily suspend minimum renewable fuel content requirements as authorized under section 8 of this act.



        NEW SECTION. Sec. 8. A new section is added to chapter 19.112 RCW to read as follows:

        The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in section 2 or 3 of this act, or both, based on a determination that such requirements are temporarily technically or economically infeasible.


        NEW SECTION. Sec. 9. A new section is added to chapter 19.112 RCW to read as follows:

        (1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock, and whether the goals of section 2 of this act have been achieved.

        (2) By November 30, 2008, the director shall determine whether the state's gasoline fuel supply is comprised of at least twenty percent ethanol made predominantly from Washington feedstock, without jeopardizing continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution, and whether the goals of section 3 of this act have been achieved.

        (3) By December 1, 2008, the director shall notify the governor and the legislature of the findings in subsections (1) and (2) of this section.

        (4) If the findings from the director indicate that the goals of subsections (1) and (2) of this section, or both, have been achieved, then the governor shall issue an executive order declaring that section 2 or 3 of this act, or both, are no longer applicable.


        NEW SECTION. Sec. 10. A new section is added to chapter 19.112 RCW to read as follows:

        (1) If either or both of the goals in section 9 of this act are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as either or both of the goals are met.

        (2) The director shall report to the governor and the legislature by November 30th of the year in which a goal is met.

        (3) Following notification under this section that a goal has been met, the governor shall prepare executive request legislation repealing section 2 or 3 of this act, or both, as applicable.


        NEW SECTION. Sec. 11. A new section is added to chapter 19.112 RCW to read as follows:

        For the purposes of this chapter, "diesel" means special fuel as defined in RCW 82.38.020, and dyed special fuel as defined in 26 C.F.R. Sec. 48.4082-1T as of October 24, 2005.


        NEW SECTION. Sec. 12. A new section is added to chapter 19.112 RCW to read as follows:

        The director of the department of licensing shall establish rules to ensure that information submitted as required by this act can be combined or aggregated for reporting purposes by the department of licensing without releasing identifying individual company information."


        Correct the title.

 

Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Ericks; Hudgins; P. Sullivan; Takko and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Haler, Assistant Ranking Minority Member; Hankins and Nixon.


       Passed to Committee on Rules for second reading.

{{42334}}

February 22, 2006

SSB 6528     Prime Sponsor, Senate Committee On Transportation: Permitting roadside tire chain businesses. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended:

        On page 1, line 19, after "traffic." insert "In issuing the permits, the department shall insure that the maximum practicable number of different individuals and entities receive permits, and that no one entity, to the extent practicable, is the sole permit holder for a particular location."

 

Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.

{{42335}}

February 22, 2006

SB 6545       Prime Sponsor, Senator Sheldon: Removing the minimum height requirement for the attachment of vehicle license plates. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.

{{42336}}

February 22, 2006

SSB 6552     Prime Sponsor, Senate Committee On Transportation: Modifying commercial driver's license provisions. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended:


        On page 7, beginning on line 11, after "(1)" strike all material through line 14 and insert "Drivers of commercial motor vehicles shall obtain a commercial driver's license as required under this chapter ((by April 1, 1992. The director shall establish a program to convert all qualified commercial motor vehicle drivers by that date. After April 1, 1992,))."


        On page 8, after line 18, insert the following:

"(3) The department shall to the extent possible enter into reciprocity agreements with adjoining states to allow the waivers described in subsection (1) of this section to apply to drivers holding commercial driver's licenses from those adjoining states."

 

Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.

{{42337}}

February 22, 2006

SB 6568       Prime Sponsor, Senator Regala: Modifying animal fighting provisions. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended:


        On page 1, line 12, after "Knowingly" strike "or with the intent to,"


        On page 1, line 13, after "spectator" insert "of"


        On page 1, line 14, after "furtherance of" insert ","

 

Signed by Representatives Lantz, Chairman; Flannigan, Vice Chairman; Priest, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Kirby; Serben; Springer; Williams and Wood.


       Passed to Committee on Rules for second reading.

{{42338}}

February 21, 2006

SSB 6570     Prime Sponsor, Senate Committee On Financial Institutions, Housing & Consumer Protection: Requiring lenders to consider retail installment contracts for the purchase of motor vehicles. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Kirby, Chairman; Ericks, Vice Chairman; Roach, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Newhouse; O'Brien; Santos; Serben; Simpson; Strow and Williams.


       Passed to Committee on Rules for second reading.

{{42339}}

February 23, 2006

SB 6576       Prime Sponsor, Senator Hargrove: Clarifying procedures for forwarding sex offender information. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kirby; Strow and Williams.


       Passed to Committee on Rules for second reading.

{{42340}}

February 22, 2006

SSB 6579     Prime Sponsor, Senate Committee On Human Services & Corrections: Requiring parents be notified when a juvenile is taken into custody. Reported by Committee on Juvenile Justice & Family Law

 

MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Crouse; Lovick and Roberts.


       Passed to Committee on Rules for second reading.

{{42341}}

February 22, 2006

ESSB 6580   Prime Sponsor, Senate Committee On Human Services & Corrections: Creating work groups to evaluate issues relating to juvenile sex offenders and kidnapping offenders in schools. Reported by Committee on Juvenile Justice & Family Law

 

MAJORITY recommendation: Do pass. Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Crouse; Lovick and Roberts.


       Passed to Committee on Rules for second reading.

{{42342}}

February 22, 2006

ESB 6606     Prime Sponsor, Senator Fraser: Requiring standards for educational interpreters for students who are deaf or hard of hearing. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis; Haigh; Hunter; McDermott; Priest; Santos; Shabro; Tom and Wallace.


       Passed to Committee on Rules for second reading.

{{42343}}

February 21, 2006

SB 6637       Prime Sponsor, Senator Keiser: Concerning qualifications for adult family home providers. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 70.128.120 and 2002 c 223 s 1 are each amended to read as follows:

        Each adult family home provider and each resident manager shall have the following minimum qualifications, except that only providers are required to meet the provisions of subsection (10) of this section:

        (1) Twenty-one years of age or older;

        (2) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, a United States high school diploma or general educational development (GED) certificate or any English or translated government documentation of the following:

        (a) Successful completion of government-approved public or private school education in a foreign country that includes an annual average of one thousand hours of instruction over twelve years or no less than twelve thousand hours of instruction;

        (b) A foreign college, foreign university, or United States community college two-year diploma;

        (c) Admission to, or completion of coursework at, a foreign university or college for which credit was granted;

        (d) Admission to, or completion of coursework at, a United States college or university for which credits were awarded;

        (e) Admission to, or completion of postgraduate coursework at, a United States college or university for which credits were awarded; or

        (f) Successful passage of the United States board examination for registered nursing, or any professional medical occupation for which college or university education preparation was required;

        (3) Good moral and responsible character and reputation;

         (4) Literacy in the English language, however, a person not literate in the English language may meet the requirements of this subsection by assuring that there is a person on staff and available who is able to communicate or make provisions for communicating with the resident in his or her primary language and capable of understanding and speaking English well enough to be able to respond appropriately to emergency situations and be able to read and understand resident care plans;

        (5) Management and administrative ability to carry out the requirements of this chapter;

        (6) Satisfactory completion of department-approved basic training and continuing education training as specified by the department in rule, based on recommendations of the community long-term care training and education steering committee and working in collaboration with providers, consumers, caregivers, advocates, family members, educators, and other interested parties in the rule-making process;

        (7) Satisfactory completion of department-approved, or equivalent, special care training before a provider may provide special care services to a resident;

        (8) Not been convicted of any crime listed in RCW 43.43.830 and 43.43.842; ((and))

        (9) For those applying after September 1, 2001, to be licensed as providers, and for resident managers whose employment begins after September 1, 2001, at least three hundred twenty hours of successful, direct caregiving experience obtained after age eighteen to vulnerable adults in a licensed or contracted setting prior to operating or managing an adult family home; and

        (10) Prior to being granted a license, providers applying after January 1, 2007, must complete a department-approved forty-eight hour adult family home administration and business planning class. The department shall promote and prioritize bilingual capabilities within available resources and when materials are available for this purpose."


        On page 1, line 1 of the title, after "providers;" strike the remainder of the title and insert "and amending RCW 70.128.120."

 

Signed by Representatives Cody, Chairman; Campbell, Vice Chairman; Hinkle, Ranking Minority Member; Curtis, Assistant Ranking Minority Member; Alexander; Appleton; Bailey; Clibborn; Condotta; Green; Lantz; Moeller; Morrell; Schual-Berke and Skinner.


       Passed to Committee on Rules for second reading.

{{42344}}

February 21, 2006

ESSB 6646   Prime Sponsor, Senate Committee On Water, Energy & Environment: Regarding outdoor burning in areas of small towns and cities. Reported by Committee on Natural Resources, Ecology & Parks

 

MAJORITY recommendation: Do pass. Signed by Representatives B. Sullivan, Chairman; Upthegrove, Vice Chairman; Buck, Ranking Minority Member; Kretz, Assistant Ranking Minority Member; Blake; Chandler and Orcutt.

 

MINORITY recommendation: Do not pass. Signed by Representatives Dickerson; Hunt and Kagi.


       Passed to Committee on Rules for second reading.

{{42345}}

February 22, 2006

SB 6674       Prime Sponsor, Senator Oke: Requiring that funds collected from construction of the second Tacoma Narrows bridge be deposited in the Tacoma Narrows toll bridge account. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.

{{42346}}

February 22, 2006

SB 6762       Prime Sponsor, Senator Mulliken: Limiting the posting of hazards to motorcycles to paved roadways. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.

{{42347}}

February 21, 2006

ESSB 6776   Prime Sponsor, Senate Committee On Water, Energy & Environment: Prohibiting the unauthorized sale of telephone records. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hankins; Hudgins; Nixon; P. Sullivan; Sump and Takko.


       Passed to Committee on Rules for second reading.

{{42348}}

February 22, 2006

SSB 6791     Prime Sponsor, Senate Committee On Labor, Commerce, Research & Development: Concerning liquor licenses issued to entities providing concession services on ferries. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins; Kenney and McCoy.


       Passed to Committee on Rules for second reading.

{{42349}}

February 23, 2006

SSB 6806     Prime Sponsor, Senate Committee On Judiciary: Establishing the domestic violence hope card study committee. Reported by Committee on Juvenile Justice & Family Law

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. It is the intent of the legislature to study the advisability of providing to all recipients of protection orders, who are victims of domestic violence, wallet-size cards that would provide to law enforcement all information necessary to enforce the protection order.


        NEW SECTION. Sec. 2. (1) The domestic violence hope card study committee is established to review the advisability of providing wallet-size cards bearing information regarding protection orders to victims of domestic violence within Washington state. The committee shall collaborate with the Washington state gender and justice commission and shall be composed of:

        (a) Two senators, one from each caucus in the senate;

        (b) Two representatives, one from each caucus in the house of representatives;

        (c) One representative of the Washington state attorney general's office;

        (d) One police chief appointed by the Washington association of sheriffs and police chiefs;

        (e) One elected sheriff appointed by the Washington association of sheriffs and police chiefs;

        (f) One representative of the Washington state patrol;

        (g) One representative of the administrative office of the courts;

        (h) One representative of a tribal government appointed by the governor;

        (i) One representative of the Washington association of criminal defense lawyers;

         (j) One representative of a statewide domestic violence advocacy group appointed by the governor;

        (k) One representative who is an advocate for domestic violence victims on tribal lands appointed by the governor;

        (l) One representative of the office of crime victims advocacy;

        (m) One representative of the Washington association of prosecuting attorneys; and

        (n) One representative of the Washington state association of county clerks.

        (2) The committee shall review and analyze hope card programs operating in Washington state and other states. Specifically, the committee shall review:

        (a) The practicality of requiring the statewide distribution of wallet-size cards to victims of domestic violence that document the existence of a protection order and provide identifying information regarding the respondent, including a photograph, and contents of a protection order in addition to contact information for the victim to utilize the court system, gain access to domestic violence services, and contact law enforcement;

        (b) The information required to be provided to victims of domestic violence under current law;

        (c) Whether victims of domestic violence are receiving this information;


        (d) Whether any additional information should be included on the cards provided to domestic violence victims;

        (e) Costs, administrative, and capital equipment issues involved with the implementation of such a program;

        (f) How nonstate funds could be utilized to pay for the costs involved in implementation of such a program;

        (g) How such a program could be implemented statewide;

        (h) Confidentiality, privacy, and safety concerns that may arise in the implementation of such a program; and

        (i) Any other issues the committee finds relevant to the distribution of hope cards to victims of domestic violence.

        (3) Staff support shall be provided by the office of crime victims advocacy, senate committee services, and the office of program research.

         (4) Legislative members of the study committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

        (5) A committee report, containing findings and proposed legislation, if any, shall be delivered to the full legislature not later than December 31, 2006.


        NEW SECTION. Sec. 3. This act expires June 30, 2007."


        Correct the title.

 

Signed by Representatives Dickerson, Chairman; Moeller, Vice Chairman; McDonald, Ranking Minority Member; McCune, Assistant Ranking Minority Member; Crouse; Lovick and Roberts.


       Passed to Committee on Rules for second reading.

{{42350}}

February 22, 2006

2SSB 6823   Prime Sponsor, Senate Committee On Ways & Means: Modifying provisions relating to the distribution of beer and wine. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass. Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins; Kenney and McCoy.


       Referred to Committee on Appropriations.

{{42351}}

February 23, 2006

SSB 6840     Prime Sponsor, Senate Committee On Water, Energy & Environment: Modifying energy efficiency provisions. Reported by Committee on Technology, Energy & Communications

 

MAJORITY recommendation: Do pass as amended:


       Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 19.260.020 and 2005 c 298 s 2 are each amended to read as follows:

        The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

        (1) "Automatic commercial ice cube machine" means a factory-made assembly, not necessarily shipped in one package, consisting of a condensing unit and ice-making section operating as an integrated unit with means for making and harvesting ice cubes. It may also include integrated components for storing or dispensing ice, or both.

        (2) "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions, such as voltage, current, and waveform, for starting and operating the lamp.

        (3) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes washer that: (a) Has a clothes container compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet in the case of a vertical-axis product; and (b) is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries.

        (4) "Commercial prerinse spray valve" means a handheld device designed and marketed for use with commercial dishwashing and warewashing equipment and that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning.

        (5)(a) "Commercial refrigerators and freezers" means refrigerators, freezers, or refrigerator-freezers designed for use by commercial or institutional facilities for the purpose of storing or merchandising food products, beverages, or ice at specified temperatures that: (i) Incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet; and (ii) may be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet.

        (b) "Commercial refrigerators and freezers" does not include: (i) Products with 85 cubic feet or more of internal volume; (ii) walk-in refrigerators or freezers; (iii) consumer products that are federally regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products without doors; or (v) freezers specifically designed for ice cream.

        (6) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

        (7) "Department" means the department of community, trade, and economic development.

        (8) "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

        (9) (("Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place to identify a building exit and consists of an electrically powered integral light source that illuminates the legend "EXIT" and any directional indicators and provides contrast between the legend, any directional indicators, and the background.

        (10)(a) "Low-voltage dry-type distribution transformer" means a distribution transformer that: (i) Has an input voltage of 600 volts or less; (ii) is air cooled; (iii) does not use oil as a coolant; and (iv) is rated for operation at a frequency of 60 hertz.

        (b) "Low-voltage dry-type transformer" does not include: (i) Transformers with multiple voltage taps, with the highest voltage tap equaling at least twenty percent more than the lowest voltage tap; or (ii) transformers, such as those commonly known as drive transformers, rectifier transformers, auto transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special purpose application and are unlikely to be used in general purpose applications.

        (11))) "Metal halide lamp" means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

        (((12))) (10) "Metal halide lamp fixture" means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

        (((13))) (11) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

        (((14))) (12) "Probe-start metal halide ballast" means a ballast used to operate metal halide lamps which does not contain an igniter and which instead starts lamps by using a third starting electrode "probe" in the arc tube.

        (((15))) (13) "Reach-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors or lids, but does not include roll-in or roll-through cabinets or pass-through cabinets.

        (((16))) (14)(a) "Roll-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the unit.

        (b) "Roll-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks of product to be rolled through the unit.

        (((17))) (15)(a) "Single-voltage external AC to DC power supply" means a device that: (i) Is designed to convert line voltage alternating current input into lower voltage direct current output; (ii) is able to convert to only one DC output voltage at a time; (iii) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load; (iv) is contained within a separate physical enclosure from the end-use product; (v) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and (vi) has a nameplate output power less than or equal to 250 watts.

        (b) "Single-voltage external AC to DC power supply" does not include: (i) Products with batteries or battery packs that physically attach directly to the power supply unit; (ii) products with a battery chemistry or type selector switch and indicator light; or (iii) products with a battery chemistry or type selector switch and a state of charge meter.

        (((18))) (16) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that falls into one of the following categories:

        (a) A bulged reflector or elliptical reflector bulb shape and which has a diameter which equals or exceeds 2.25 inches;

        (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.

        (((19) "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. "Torchiere" may include downward directed lamps in addition to the upward, indirect illumination.

        (20) "Traffic signal module" means a standard (a) 8-inch or 200 mm or (b) 12-inch or 300 mm traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

        (21))) (17) "Transformer" means a device consisting of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.

        (((22))) (18)(a) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space.

        (b) "Unit heater" does not include any products covered by federal standards established pursuant to 42 U.S.C. Sec. 6291 et seq. or any product that is a direct vent, forced flue heater with a sealed combustion burner.


        Sec. 2. RCW 19.260.030 and 2005 c 298 s 3 are each amended to read as follows:

        (1) This chapter applies to the following types of new products sold, offered for sale, or installed in the state: (a) Automatic commercial ice cube machines; (b) commercial clothes washers; (c) commercial prerinse spray valves; (d) commercial refrigerators and freezers; (e) ((illuminated exit signs; (f) low-voltage dry-type distribution transformers; (g))) metal halide lamp fixtures; (((h))) (f) single-voltage external AC to DC power supplies; (((i))) (g) state-regulated incandescent reflector lamps; (((j) torchieres; (k) traffic signal modules;)) and (((l))) (h) unit heaters. This chapter applies equally to products whether they are sold, offered for sale, or installed as a stand-alone product or as a component of another product.

        (2) This chapter does not apply to (a) new products manufactured in the state and sold outside the state, (b) new products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state, (c) products installed in mobile manufactured homes at the time of construction(([,])), or (d) products designed expressly for installation and use in recreational vehicles.


        Sec. 3. RCW 19.260.040 and 2005 c 298 s 4 are each amended to read as follows:

        The legislature establishes the following minimum efficiency standards for the types of new products set forth in RCW 19.260.030.

        (1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table:





Equipment type

Type of cooling

Harvest rate

(lbs. ice/24 hrs.)

Maximum

energy use

(kWh/100 lbs.)

Maximum condenser

water use

(gallons/100 lbs. ice)

Ice-making head

water

<500

7.80 - .0055H

200 - .022H

> =500<1436

5.58 - .0011H

200 - .022H

> =1436

4.0

200 - .022H

Ice-making head

air

450

10.26 - .0086H

Not applicable

> =450

6.89 - .0011H

Not applicable

Remote condensing but

not remote compressor

air

<1000

8.85 - .0038

Not applicable

> =1000

5.10

Not applicable

Remote condensing and

remote compressor

air

<934

8.85 - .0038H

Not applicable

> =934

5.3

Not applicable

Self-contained models

water

<200

11.40 - .0190H

191 - .0315H

> =200

7.60

191 - .0315H

Self-contained models

air

<175

18.0 - .0469H

Not applicable

> =175

9.8

Not applicable

Where H = harvest rate in pounds per twenty-four hours which must be reported within 5% of the tested value.

"Maximum water use" applies only to water used for the condenser.


        (b) For purposes of this section, automatic commercial ice cube machines shall be tested in accordance with ARI 810-2003 test method as published by the air-conditioning and refrigeration institute. Ice-making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003.

        (2) Commercial clothes washers must have a minimum modified energy factor of 1.26. For the purposes of this section, capacity and modified energy factor are defined and measured in accordance with the current federal test method for clothes washers as found at 10 C.F.R. Sec. 430.23.

        (3) Commercial prerinse spray valves must have a flow rate equal to or less than 1.6 gallons per minute when measured in accordance with the American society for testing and materials' "Standard Test Method for Prerinse Spray Valves," ASTM F2324-03.

        (4)(a) Commercial refrigerators and freezers must meet the applicable requirements listed in the following table:


Equipment Type

Doors

Maximum Daily Energy Consumption (kWh)

Reach-in cabinets, pass-through cabinets,

and roll-in or roll-through cabinets that are

refrigerators

Solid

0.10V + 2.04

Transparent

0.12V + 3.34

Reach-in cabinets, pass-through cabinets,

and roll-in or roll-through cabinets that are

"pulldown" refrigerators

Transparent

.126V + 3.51

Reach-in cabinets, pass-through cabinets,

and roll-in or roll-through cabinets that are

freezers

Solid

0.40V + 1.38

Transparent

0.75V + 4.10

Reach-in cabinets that are refrigerator-freezers

with an AV of 5.19 or higher

Solid

0.27AV - 0.71

kWh = kilowatt hours

V = total volume (ft3)

AV = adjusted volume = [1.63 x freezer volume (ft3)] + refrigerator volume (ft3)


        (b) For purposes of this section, "pulldown" designates products designed to take a fully stocked refrigerator with beverages at 90 degrees F and cool those beverages to a stable temperature of 38 degrees F within 12 hours or less. Daily energy consumption shall be measured in accordance with the American national standards institute/American society of heating, refrigerating and air-conditioning engineers test method 117-2002, except that the back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test, and except that the controls of all appliances must be adjusted to obtain the following product temperatures.


Product or compartment type

Integrated average product temperature in degrees Fahrenheit

Refrigerator

38 + 2

Freezer

0 + 2


        (5) ((Illuminated exit signs must have an input power demand of five watts or less per illuminated face. For the purposes of this section, input power demand is measured in accordance with the United States environmental protection agency's energy star exit sign program's conditions for testing, version 3.0. Illuminated exit signs must meet all applicable building and safety codes.

        (6)(a) Low-voltage dry-type distribution transformers shall have efficiencies not less than the applicable values in the following table when tested at thirty-five percent of the rated output power:


Single Phase

Three Phase

Rated power output in

kVa

Minimum

efficiency %

Rated power output in

kVa

Minimum

efficiency %

> 15                                     <25

97.7

> 15                                       <30

97.0

> 25                                  <37.5

98.0

> 30                                       <45

97.5

> 37.5                                  <50

98.2

> 45                                       <75

97.7

> 50                                     <75

98.3

> 75                                 <112.5

98.0

> 75                                   <100

98.5

> 112.5                                <150

98.2

> 100                                 <167

98.6

> 150                                   <225

98.3

> 167                                 <250

98.7

> 225                                   <300

98.5

> 250                                 <333

98.8

> 300                                   <500

98.6

333

98.9

> 500                                   <750

98.7

--

--

> 750                                <1000

98.8

--

--

1000

98.9

kVa = kilovolt amperes


        (b) For the purposes of this section, low-voltage dry-type distribution transformer efficiency is measured in accordance with the national electrical manufacturers association TP 2-1998 test method.

        (7))) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide lamp ballast.

        (((8))) (6)(a) Single-voltage external AC to DC power supplies shall meet the requirements in the following table:


Nameplate output

Minimum Efficiency in Active Mode

< 1 Watt

0.49  * Nameplate Output

> or = 1 Watt and < or = 49 Watts

0.09  * Ln (Nameplate Output) + 0.49

> 49 Watts

0.84

 

Maximum Energy Consumption in No-Load Mode

< 10 Watts

0.5 Watts

> or = 10 Watts and < or = 250 Watts

0.75 Watts

Where Ln (Nameplate Output) - Natural Logarithm of the nameplate output expressed in Watts


        (b) For the purposes of this section, efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with the United States environmental protection agency's "Test Method for Calculating the Energy Efficiency of Single-Voltage External AC to DC and AC to AC Power Supplies," by Ecos Consulting and Power Electronics Application Center, dated August 11, 2004.

        (((9))) (7)(a) State-regulated incandescent reflector lamps ((that are not 50 watt elliptical reflector lamps must meet the minimum efficacies in the following table:


Wattage

Minimum average lamp efficacy (lumens per watt)

40 - 50

10.5

51 - 66

11.0

67 - 85

12.5

86 - 115

14.0

116 - 155

14.5

156 - 205

15.0


        (b) Lamp efficacy must be measured in accordance with the applicable federal test method as found at 10 C.F.R. Sec. 430.23.

        (10) Torchieres may not use more than 190 watts. A torchiere is deemed to use more than 190 watts if any commercially available lamp or combination of lamps can be inserted in a socket and cause the torchiere to draw more than 190 watts when operated at full brightness.

        (11)(a) Traffic signal modules must have maximum and nominal wattage that do not exceed the applicable values in the following table:


Module Type

Maximum Wattage (at 74ºC)

Nominal Wattage (at 25ºC)

12" red ball (or 300 mm circular)

17

11

8" red ball (or 200 mm circular)

13

8

12" red arrow (or 300 mm arrow)

12

9

 

12" green ball (or 300 mm circular)

15

15

8" green ball (or 200 mm circular)

12

12

12" green arrow (or 300 mm arrow)

11

11

mm = millimeter


        (b) For the purposes of this section, maximum wattage and nominal wattage must be measured in accordance with and under the testing conditions specified by the institute for transportation engineers "Interim LED Purchase Specification, Vehicle Traffic Control Signal Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules.")) shall meet the minimum average lamp efficacy requirements for federally regulated incandescent reflector lamps contained in 42 U.S.C. Sec. 6295(i)(l)(A).

        (b) The following types of incandescent lamps are exempt from these requirements:

        (i) Lamps rated at fifty watts or less of the following types: BR 30, ER 30, BR 40, and ER 40;

        (ii) Lamps rated at sixty-five watts of the following types: BR 30, BR 40, and ER 40; and

        (iii) R 20 lamps of forty-five watts or less.

        (((12))) (8) Unit heaters must be equipped with intermittent ignition devices and must have either power venting or an automatic flue damper.


        Sec. 4. RCW 19.260.050 and 2005 c 298 s 5 are each amended to read as follows:

        (1) ((On or after January 1, 2007,)) No new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, ((illuminated exit sign, low-voltage dry-type distribution transformer, single-voltage external AC to DC power supply,)) state-regulated incandescent reflector lamp, ((torchiere, traffic signal module,)) or unit heater manufactured on or after January 1, 2007, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. ((On or after January 1, 2008,)) No new automatic commercial ice cube machine, single-voltage external AC to DC power supply, or metal halide lamp fixtures manufactured on or after January 1, 2008, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

        (2) On or after January 1, 2008, no new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, ((illuminated exit sign, low-voltage dry-type distribution transformer,)) single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, ((torchiere, traffic signal module,)) or unit heater manufactured on or after January 1, 2007, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. On or after January 1, 2009, no new automatic commercial ice cube machine or metal halide lamp fixtures manufactured on or after January 1, 2008, may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.

        (3) Standards for metal halide lamp fixtures and state-regulated incandescent reflector lamps are effective on the dates in subsections (1) and (2) of this section."


Signed by Representatives Morris, Chairman; Kilmer, Vice Chairman; Crouse, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Ericks; Hankins; Hudgins; P. Sullivan; Sump; Takko and Wallace.


       Passed to Committee on Rules for second reading.


February 22, 2006

SB 6861       Prime Sponsor, Senator Delvin: Requiring a study of competing interests of domestic water users. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Grant; Haler; Holmquist; Kilmer; Kretz; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Dunn and McCoy.


       Passed to Committee on Rules for second reading.

{{42353}}

February 22, 2006

ESSB 6870   Prime Sponsor, Senate Committee On Transportation: Funding the board of pilotage commissioners' training program. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Wallace, Vice Chairman; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Buck; Campbell; Clibborn; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Holmquist; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Takko; Upthegrove and Wood.


       Passed to Committee on Rules for second reading.


February 22, 2006

ESJM 8019  Prime Sponsor, Senator Shin: Requesting the United States trade representative to create a federal-state international trade policy commission. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton; Bailey; Blake; Buri; Chase; Clibborn; Dunn; Grant; Haler; Holmquist; Kilmer; Kretz; McCoy; Morrell; Newhouse; Quall; Strow; P. Sullivan and Wallace.


       Passed to Committee on Rules for second reading.


{{42356}}       There being no objection, the bills, memorials and resolutions listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated, with the exception of HOUSE BILL NO. 3316, which was placed on the Second Reading calendar.


{{42357}}       There being no objection, the House advanced to the sixth order of business.


{{42358}}       The Speaker assumed the chair.


{{42359}}                              SECOND READING


{{42360}}       ENGROSSED SUBSTITUTE SENATE BILL NO. 6386, By Senate Committee on Ways & Means (originally sponsored by Senators Prentice, Zarelli, Fairley, Fraser, Rockefeller, Shin and Brandland; by request of Governor Gregoire)

 

Making 2006 supplemental operating appropriations.


       The bill was read a second time.


       There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendments (for amendment, see Journal Day 47th, February 23, 2006).


{{42363}}       With the consent of the House, amendments (906), (961), (962), (963), (967), (972), (990), (991) and (1000) were withdrawn.


{{42361}}       Representative Eickmeyer moved the adoption of amendment (1002) to the committee amendment:


        On page 13, line 28, after "(10)(a)" strike "$600,000" and insert "$297,000"


        On page 13, line 29, after "team" strike "and" and insert "in coordination with"


        On page 13, line 30, after "contract for" strike "a one-time" and insert "the initial phase of a two-part"


       Representative Eickmeyer spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42362}}       Representative Nixon moved the adoption of amendment (959) to the committee amendment:


        On page 22, line 3, strike "$67,659,000" and insert "$69,409,000"


        On page 22, line 5, strike "$45,556,000" and insert "$45,806,000"


        On page 28, line 14, strike all of subsection 24.


        Renumber the remaining subsections consecutively.


        On page 28, line 18, strike "$1,500,000" and insert "$1,750,000"


       Representatives Nixon and Anderson spoke in favor of the adoption of the amendment to the committee amendment.


       Representative Kessler spoke against the adoption of the amendment to the committee amendment.


       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (959) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


MOTION


       On motion of Representative Santos, Representatives Hasegawa and Williams were excused.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (959) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 44, Nays - 52, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schual-Berke, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 44.

       Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 52.

       Excused: Representatives Hasegawa and Williams - 2.


{{42365}}       Representative Conway moved the adoption of amendment (989) to the committee amendment:



        On page 22, line 5, increase the general fund--state appropriation for fiscal year 2007 by $200,000.


        On page 23, line 8, correct the total.


        On page 30, after line 16, insert the following:

        "(42) $200,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the safe and drug free schools program to help mitigate the effects of federal budget reductions."


        On page 156, line 3, decrease the general fund--state appropriation for fiscal year 2007 by $200,000.


        On page 156, line 7, correct the total.


        On page 157, line 18, strike "$1,000,000" and insert "$800,000"


       Representative Conway spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42366}}       Representative Morris moved the adoption of amendment (977) to the committee amendment:


        On page 22, line 5, increase the general fund--state appropriation for FY 07 by $98,000


        On page 23, line 8, correct the total.


        On page 30, after line 16, insert the following:

        "(42) $98,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for grants to community-based organizations with expertise in public education relating to energy and clean air issues, for biofuels consumer education and outreach."


        On page 214, line 7, reduce the general fund--state appropriation for FY 07 by $98,000


        On page 214, line 12, correct the total.


        On page 217, line 28, strike all of subsection (17)


       Representative Morris spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42367}}       Representative Alexander moved the adoption of amendment (968) to the committee amendment:


        On page 22, line 38, decrease the Washington Housing Trust Account-State appropriation by $670,000.


        On page 23, line 8, correct the total.


        On page 243, line 21, strike all of section 714


        Renumber the remaining sections consecutively and correct internal references accordingly.


       Representative Alexander spoke in favor of the adoption of the amendment to the committee amendment.


       Representative Dunshee spoke against the adoption of the amendment to the committee amendment


       The amendment to the committee amendment was not adopted.


{{42368}}       Representative B. Sullivan moved the adoption of amendment (986) to the committee amendment:


        On page 29, beginning on line 8, strike "a minimum of"


        On page 29, line 10, after "with" insert "Snohomish and Pierce"


       Representative B. Sullivan spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42369}}       Representative Jarrett moved the adoption of amendment (971) to the committee amendment:


        On page 30, after line 16, insert the following:

        "(42) $20,000 of the general fund--state appropriation for fiscal year 2006 and $480,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a land use task force. Funds may be used for policy, legal and financial research as directed by the task force, task force facilitation and outreach, and department expenses related to the task force.

        (a) A joint legislative-executive task force is established for the purposes of gathering information, identifying issues, and developing recommendations on policy choices related to the effective implementation of the state's growth management act.

        (b) The task force shall be comprised of two members of each of the major legislative caucuses from each of the house of representatives and the senate as appointed by the president of the senate and the speaker of the house of representatives, the governor or the governor's designee, and the director of the department. Staff support shall be provided by the department and legislative staff.

        (d) The task force shall convene its first meeting no later than May 1, 2006. The task force shall consult with local governments and other groups responsible for, affected by, or involved in the implementation of the growth management act. The task force may secure research and facilitation services, and may establish work teams or advisory groups, as needed, to support their work.

        (e) The task force shall secure an independent assessment of the effectiveness of land use programs in Washington in achieving the goals of the state's growth management act. The assessment shall rely on available information and focus on key benchmarks for each goal of the act.

        (f) By December 1, 2006, the task force shall issue a report with recommendations on legislative and executive actions that address, at a minimum, the following topics: (i) How science is identified and applied when local governments develop regulations to protect critical areas under the growth management act, and the relationship of those regulations to pre-existing land uses; (ii)A review of the appeals process for actions taken under the growth management act, including data on the number and outcome of cases, and any recommendations on needed improvements to the appeals process.

        (g) By June 30, 2007, the task force shall issue a report with recommendations on legislative and executive actions that address, at a minimum, the following topics: (i) How to better meet the infrastructure and basic service needs of growing communities, including schools, local roads, fire and police service, and water, sewer and other utilities, with recommendations for financing these service and infrastructure needs; (ii) How to ensure that state roads provide a level of service consistent with the local growth management decisions; (iii) The effect of the vested rights doctrine on the achievement of the goals and requirements of the growth management act; (iv) The effect of the provisions for fully contained communities and master planned resorts on the achievement of the goals and requirements of the growth management act;(v) Performance measures for the ongoing evaluation of land use programs, based on the assessment conducted under subsection (e) of this section; and (vi) Any recommendations for additional topics that warrant continued work by the task force or by other groups.

        (h) The legislature intends that the task force shall expire December 31, 2007. If ESSB 6427 (extending land use planning deadlines)is not enacted by April 30, 2006, this subsection (42) shall be null and void and the funds in this proviso revert to the department for other uses."


       Representatives Jarrett and Simpson spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42370}}       Representative Nixon moved the adoption of amendment (958) to the committee amendment:


        On page 49, line 23, after "network." insert "The Department shall investigate the potential savings in operational costs of 211 emergency services network of using voice-over-IP technology to interconnect 211 call centers over existing state-operated high-speed data networks rather than over traditional or switched telephone circuits, and the potential cost savings of using Voice-over-IP-based PBX, ACD, and telephone technology in new call centers. The Department shall submit a report in electronic form to the appropriate committees of the legislature on the potential for savings on or before December 1, 2006."


       Representatives Nixon and Morris spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42371}}       Representative Hinkle moved the adoption of amendment (978) to the committee amendment:


        On page 54, after line 20, insert the following:

        "(7) No state or federal funds appropriated in sections 202 through 212 of this act for Medicaid programs shall be expended except for clients meeting the verified social security number requirements set forth in 42 CFR 435(J) as of February 23, 2006."


       Representatives Hinkle and Sommers spoke in favor of the adoption of the amendment to the committee amendment.


       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (978) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (978) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 94, Nays - 2, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Wood, Woods and Mr. Speaker - 94.

       Voting nay: Representatives Flannigan and Kirby - 2.

       Excused: Representatives Hasegawa and Williams - 2.


{{42373}}       Representative Simpson moved the adoption of amendment (992) to the committee amendment:


        On page 79, line 8, increase the general fund--state appropriation for fiscal year 2007 by $4,036,000


        On page 79, line 10, increase the general fund--federal appropriation by $4,036,000


        On page 79, line 17, correct the total


        On page 80, line 3, after "(($153.50))" strike "$156.61" and insert "$158.55"


        On page 83, line 21, after "(20)" strike "$10,000,000" and insert "$14,036,000"


        On page 83, line 22, after "and" strike "$10,000,000" and insert "$14,036,000"



       Representatives Simpson, Armstrong, Bailey, Hinkle, Ahern, McDonald, Skinner, Simpson (again), Curtis and Newhouse spoke in favor of the adoption of the amendment to the committee amendment.


       Representatives Cody, Fromhold, Schual-Berke and Dickerson spoke against the adoption of the amendment to the committee amendment.


{{42374}}       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (992) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL

       The Clerk called the roll on the adoption of amendment (992) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 71, Nays - 25, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Condotta, Conway, Cox, Crouse, Curtis, DeBolt, Dunn, Dunshee, Ericks, Ericksen, Grant, Green, Haler, Hankins, Hinkle, Holmquist, Hudgins, Jarrett, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDonald, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Priest, Quall, Roach, Rodne, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Wallace, Walsh, Wood and Woods - 71.

       Voting nay: Representatives Blake, Cody, Darneille, Dickerson, Eickmeyer, Flannigan, Fromhold, Haigh, Hunt, Hunter, Kagi, Kenney, Kessler, Kirby, McDermott, McIntire, Moeller, Ormsby, Pettigrew, Roberts, Santos, Schual-Berke, Sommers, Upthegrove and Mr. Speaker - 25.

       Excused: Representatives Hasegawa and Williams - 2.


{{42375}}       Representative Clibborn moved the adoption of amendment (996) to the committee amendment:


        On page 89, line 3, increase the general fund--state appropriation for FY 2007 by $3,000,000


        On page 89, line 14, correct the total.


       Representatives Clibborn and McDonald spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42376}}       Representative Clements moved the adoption of amendment (981) to the committee amendment:


        On page 95, after line 3, insert the following:


        "(26) No funds appropriated in this section shall be expended upon gender reassignment surgery or treatment."


       Representative Clements spoke in favor of the adoption of the amendment to the committee amendment.


       Representative Cody spoke against the adoption of the amendment to the committee amendment


       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (981) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (981) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 64, Nays - 32, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Kessler, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCune, McDonald, Miloscia, Morrell, Morris, Newhouse, Nixon, O'Brien, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Talcott, Wallace, Walsh and Woods - 64.

       Voting nay: Representatives Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Flannigan, Fromhold, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kirby, McCoy, McDermott, McIntire, Moeller, Murray, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sommers, Takko, Tom, Upthegrove, Wood and Mr. Speaker - 32.

       Excused: Representatives Hasegawa and Williams - 2.


{{42378}}       With the consent of the House, amendment (1001) was withdrawn.


{{42379}}       Representative Conway moved the adoption of amendment (995) to the committee amendment:


        On page 97, line 24, increase the health services account--state appropriation by $3,000,000.


        On page 97, line 26, correct the total.



       Representative Conway and Bailey spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42380}}       The Speaker called upon Representative Lovick to preside.


       Representative Hinkle moved the adoption of amendment (980) to the committee amendment:


        On page 100, after line 38, insert the following:

        "(16) $9,542,000 of the health services account appropriation is provided solely for additional slots in the basic health plan for qualified individuals who are resident citizens, legal aliens, legal refugees, or legal asylees, and who provide valid social security numbers upon application for enrollment. Income eligibility requirements for the additional slots must be verified by the federal internal revenue service."


       Representatives Hinkle, Clements, Armstrong and McDonald spoke in favor of the adoption of the amendment to the committee amendment.


       Representatives Cody and Simpson spoke against the adoption of the amendment to the committee amendment


       The amendment to the committee amendment was not adopted.


{{42381}}       Representative Ericksen moved the adoption of amendment (985) to the committee amendment:


        On page 108, line 14, after "(veterans' innovations program)." insert the following:

"Of the amount appropriated in this subsection, $50,000 is provided solely for a feasibility study on the use of medical vouchers for veterans that enable them to go to hospitals other than VA hospitals."


       Representatives Ericksen, Morrell and Ericksen (again) spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42382}}       The Speaker assumed the chair.


{{42383}}       Representative Haler moved the adoption of amendment (979) to the committee amendment:


        On page 108, after line 16, insert the following:

        "(d) Amounts appropriated in this section may not be used for any purposes relating to public service announcements by statewide elected officials."


       Representatives Haler and Kessler spoke in favor of the adoption of the amendment to the committee amendment.


{{42384}}       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (979) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (979) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 84, Nays - 12, Excused - 2.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Clements, Clibborn, Cody, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kenney, Kessler, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, Miloscia, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Talcott, Tom, Wallace, Walsh, Wood, Woods, and Mr. Speaker - 84.

       Voting nay: Representatives Chase, Conway, Darneille, Dickerson, Flannigan, Kagi, Kirby, McIntire, Moeller, Schual-Berke, Takko, and Upthegrove - 12.

       Excused: Representatives Hasegawa and Williams - 2.


{{42385}}       Representative Schual-Berke moved the adoption of amendment (994) to the committee amendment:


        On page 109, line 16, increase the general fund--state appropriation for FY 2007 by $2,000,000


        On page 110, line 28, correct the total.


        On page 117, after line 10, insert the following:


        "(38) $2,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for pandemic flu and communicable disease outbreak preparedness and response planning. Of the amounts provided: (a) $120,000 is for activities by the department of health; (b) $380,000 is for the department to distribute to local health jurisdictions for development of pandemic flu and communicable disease outbreak preparedness and response plans to be approved by the department; and (c) $1,500,000 is for the department to distribute to local health jurisdictions for implementation of spending plans approved by the department. To the extent that federal funds are available for planning purposes, those funds shall be used first and all state funds shall be reserved for implementation purposes."



       Representative Schual-Berke spoke in favor of the adoption of the amendment to the committee amendment.


{{42386}}       An electronic roll call vote was requested and the request was granted.


       The Speaker stated the question before the House to be adoption of amendment (994) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


       The Clerk called the roll on the adoption of amendment (994) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 86, Nays - 10, Excused - 2.

       Voting yea: Representatives Ahern, Anderson, Appleton, Armstrong, Blake, Buck, Buri, Campbell, Chase, Clements, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Tom, Upthegrove, Wallace, Walsh and Wood - 84.

       Voting nay: Representatives Alexander, Bailey, Chandler, Cox, DeBolt, Ericksen, Kirby, Newhouse, Schindler, and Talcott - 10.

       Excused: Representatives Hasegawa and Williams - 2.


{{42387}}       Representative B. Sullivan moved the adoption of amendment (969) to the committee amendment:


        On page 129, line 17, strike "complete" and insert "continue"


       Representative B. Sullivan spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


{{42388}}       Representative McIntire moved the adoption of amendment (966) to the committee amendment:


        On page 129, after line 27, insert the following:

        "(23) $2,405,000 of the state toxics cotrol account--state appropriation is provided solely to the department to implement the Cleanup Priority Act RCW 70.105E. The department may only use these funds in a manner consistent with the limitation of the Act in RCW 70.105E.040(1) and, shall not utilize any funds to apply the Cleanup Priority Act in any manner to substances which are not either dangerous wastes or hazardous substances released into the environment. The department shall issue explanatory statements, interpretive statements and rules for implementation of the cleanup priority act that do not: regulate medical or industrial isotope production or use, or otherwise expand the universe of substances regulated as dangerous or mixed wastes; or increase permit requirements for mixed wastes at United States Naval facilities, beyond those already regulated pursuant to the Hazardous Waste Management Act, RCW Chapter 70.105."


       Representatives McIntire, Chase and Nixon spoke in favor of the adoption of the amendment to the committee amendment.


       Representatives Hankins and Haler spoke against the adoption of the amendment to the committee amendment


       The amendment to the committee amendment was not adopted.


       Representative Kessler moved the adoption of amendment (988) to the committee amendment:


        On page 130, beginning on line 36, strike all of subsection (5) and insert the following:


        "(5) Until July 1, 2007, the commission may not charge fees for general park access or parking. Funding of $2,800,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to compensate state parks and recreation commission for lost revenue from general park access or parking fees."


        On page 255, after line 6, insert the following:


        "NEW SECTION. Sec. 904. RCW 79A.05.070 and 2003 c 186 s 1 are each amended to read as follows:

        The commission may:

        (1) Make rules and regulations for the proper administration of its duties;

        (2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;


        (3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;

        (4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;

        (5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;

        (6) Charge such fees for services, utilities, and use of facilities as the commission shall deem proper. Until July 1, 2007, the commission may not charge fees for general park access or parking;

        (7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed forty years;

        (8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040 and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and

        (9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose."


        Renumber the remaining sections consecutively.


        Representatives Kessler and Buck spoke in favor of the adoption of the amendment to the committee amendment.


        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (988) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (988) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was adopted by the following vote: Yeas - 94, Nays - 2, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Blake, Buck, Buri, Campbell, Chandler, Chase, Clements, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Grant, Green, Haigh, Haler, Hankins, Hinkle, Holmquist, Hunt, Hunter, Jarrett, Kagi, Kenney, Kessler, Kilmer, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Newhouse, Nixon, O'Brien, Orcutt, Ormsby, Pearson, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Santos, Schindler, Schual-Berke, Sells, Serben, Shabro, Simpson, Skinner, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Sump, Takko, Talcott, Tom, Upthegrove, Wallace, Walsh, Wood, Woods, and Mr. Speaker - 94.

        Voting nay: Representatives Hudgins, and Kirby - 2.

        Excused: Representatives Hasegawa and Williams - 2.


{{42391}}        Representative Priest moved the adoption of amendment (999) to the committee amendment:


        On page 160, line 22, increase the general fund--state appropriation for FY 2007 by $1,140,022


        On page 160, line 24, correct the total.


        On page 168, line 16, before "hours" strike "February 19, 2006, at 21:30 hours" and insert "February 23, 2006, at 20:00"

        On page 170, strike all material on lines 4 through 31 and insert the following:


format changed to accommodate tables



"

Table Of Total Base Salaries For Certificated Instructional Staff

For School Year 2006-07

 

Years

 

 

 

 

 

 

 

 

 MA+90

of

 

 

 

 

 

 

 

 

 OR

Service

    BA

BA+15

BA+30

BA+45

BA+90

BA+135

    MA

MA+45

Ph.D.

0

31,545

32,398

33,281

34,165

37,003

38,832

37,820

40,660

42,490

1

31,811

32,672

33,561

34,480

37,334

39,144

38,051

40,906

42,715

2

32,054

32,917

33,812

34,797

37,629

39,448

38,281

41,113

42,932

3

32,467

33,338

34,243

35,259

38,086

39,949

38,678

41,503

43,367

4

32,871

33,782

34,691

35,743

38,586

40,463

39,095

41,938

43,816

5

33,290

34,204

35,123

36,233

39,065

40,980

39,518

42,352

44,266

6

33,719

34,614

35,564

36,729

39,548

41,473

39,952

42,771

44,694

7

34,475

35,383

36,345

37,574

40,435

42,412

40,764

43,624

45,603

8

35,580

36,538

37,523

38,853

41,753

43,803

42,043

44,943

46,993

9

35,580

37,734

38,768

40,146

43,113

45,234

43,335

46,304

48,424

10

35,580

37,734

40,028

41,506

44,512

46,703

44,696

47,703

49,893

11

35,580

37,734

40,028

42,905

45,977

48,212

46,095

49,168

51,401

12

35,580

37,734

40,028

44,260

47,481

49,783

47,549

50,671

52,973

13

35,580

37,734

40,028

44,260

49,022

51,392

49,055

52,212

54,582

14

35,580

37,734

40,028

44,260

50,570

53,062

50,604

53,862

56,252

15

35,580

37,734

40,028

44,260

51,886

54,442

51,920

55,262

57,715

16

35,580

37,734

40,028

44,260

52,923

55,530

52,958

56,367

58,869

"

        On page 185, line 28, reduce general fund--state appropriation for FY 2007 by $1,327,000.

 

        On page 185, line 32, correct the total.


        On page 187, after line 22, strike all language through line 25.


        Representative Priest spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Santos spoke against the adoption of the amendment to the committee amendment


{{42392}}        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (999) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (999) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 53, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Excused: Representatives Hasegawa and Williams - 2.


{{42393}}        Representative Anderson moved the adoption of amendment (997) to the committee amendment:


        On page 160, line 22, strike "$4,281,383,000" and insert "$4,276,672,000"


        On page 160, line 24, correct the total.


        On page 168, beginning on line 15, strike "((March 18, 2005, at 10:00)) February 19, 2006, at 21:30" and insert "March 18, 2005, at 10:00"


        Beginning on page 169, line 17, strike all material through line 31 on page 170 and insert the following:


"K-12 Salary Allocation Schedule For Certificated Instructional Staff

2006-07 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

0

 

30,900

31,735

32,599

33,466

36,247

38,038

37,046

39,827

41,620

1

 

31,316

32,162

33,038

33,942

36,752

38,534

37,458

40,268

42,048

2

 

31,712

32,566

33,451

34,426

37,228

39,028

37,873

40,674

42,475

3

 

32,121

32,983

33,878

34,883

37,679

39,523

38,266

41,060

42,905

4

 

32,521

33,421

34,321

35,362

38,174

40,031

38,678

41,491

43,348

5

 

32,935

33,840

34,748

35,846

38,649

40,543

39,097

41,900

43,794

6

 

33,360

34,245

35,185

36,337

39,127

41,031

39,526

42,315

44,218

7

 

34,107

35,005

35,957

37,173

40,003

41,960

40,330

43,159

45,116

8

 

35,201

36,148

37,123

38,439

41,307

43,336

41,594

44,464

46,492

9

 

 

37,332

38,355

39,718

42,654

44,751

42,873

45,810

47,908

10

 

 

 

39,601

41,063

44,038

46,205

44,219

47,194

49,361

11

 

 

 

 

42,448

45,487

47,698

45,603

48,644

50,853

12

 

 

 

 

43,788

46,975

49,252

47,042

50,131

52,409

13

 

 

 

 

 

48,499

50,844

48,532

51,655

54,000

14

 

 

 

 

 

50,031

52,496

50,065

53,287

55,652

15

 

 

 

 

 

51,333

53,862

51,366

54,673

57,099

16 or more

 

 

 

52,359

54,938

52,393

55,766

58,241"


        On page 183, line 22, strike "$186,144,000" and insert "$190,957,000


        Correct the total.


        Representatives Anderson and Priest spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Fromhold spoke against the adoption of the amendment to the committee amendment


{{42394}}        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (997) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (997) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 53, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Excused: Representatives Hasegawa and Williams - 2.


{{42395}}        Representative Talcott moved the adoption of amendment (998) to the committee amendment:


        On page 160, line 22, strike "$4,281,383,000" and insert "$4,276,672,000"


        On page 160, line 24, correct the total.


        On page 168, beginning on line 15, strike "((March 18, 2005, at 10:00)) February 19, 2006, at 21:30" and insert "March 18, 2005, at 10:00"


        Beginning on page 169, line 17, strike all material through line 31 on page 170 and insert the following:


"K-12 Salary Allocation Schedule For Certificated Instructional Staff

2006-07 School Year

Years of

 

 

 

 

 

 

 

 

 

MA+90

Service

 

BA

BA+15

BA+30

BA+45

BA+90

BA+135

MA

MA+45

or PHD

0

 

30,900

31,735

32,599

33,466

36,247

38,038

37,046

39,827

41,620

1

 

31,316

32,162

33,038

33,942

36,752

38,534

37,458

40,268

42,048

2

 

31,712

32,566

33,451

34,426

37,228

39,028

37,873

40,674

42,475

3

 

32,121

32,983

33,878

34,883

37,679

39,523

38,266

41,060

42,905

4

 

32,521

33,421

34,321

35,362

38,174

40,031

38,678

41,491

43,348

5

 

32,935

33,840

34,748

35,846

38,649

40,543

39,097

41,900

43,794

6

 

33,360

34,245

35,185

36,337

39,127

41,031

39,526

42,315

44,218

7

 

34,107

35,005

35,957

37,173

40,003

41,960

40,330

43,159

45,116

8

 

35,201

36,148

37,123

38,439

41,307

43,336

41,594

44,464

46,492

9

 

 

37,332

38,355

39,718

42,654

44,751

42,873

45,810

47,908

10

 

 

 

39,601

41,063

44,038

46,205

44,219

47,194

49,361

11

 

 

 

 

42,448

45,487

47,698

45,603

48,644

50,853

12

 

 

 

 

43,788

46,975

49,252

47,042

50,131

52,409

13

 

 

 

 

 

48,499

50,844

48,532

51,655

54,000

14

 

 

 

 

 

50,031

52,496

50,065

53,287

55,652

15

 

 

 

 

 

51,333

53,862

51,366

54,673

57,099

16 or more

 

 

 

52,359

54,938

52,393

55,766

58,241"


        On page 185, line 28, increase the general fund--state appropriation for FY 2007 by $300,000


        Correct the total.


        On page 188, line 33, strike "$338,000" and insert "(($338,000)) $638,000"


        On page 196, line 23, increase the general fund--state appropriation for FY 2007 by $4,411,000


        Correct the total.




        Representatives Talcott, Cox and Anderson spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Hunter spoke against the adoption of the amendment to the committee amendment


{{42396}}        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (998) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (998) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 53, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Excused: Representatives Hasegawa and Williams - 2.


{{42397}}        Representative Talcott moved the adoption of amendment (1003) to the committee amendment:


        On page 187, line 22, strike "$1,327,000" and insert "$1,027,000"

        On page 188, line 34, after "2006 and" strike "$338,000" and insert "((338,000)) $638,000"


        Representatives Talcott, Tom, Curtis, Shabro, Priest and Talcott (again) spoke in favor of the adoption of the amendment to the committee amendment.


        Representatives Santos, P. Sullivan and Sommers spoke against the adoption of the amendment to the committee amendment.


{{42398}}        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (1003) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (1003) to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 46, Nays - 50, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Green, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kagi, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Schual-Berke, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 46.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Haigh, Hudgins, Hunt, Hunter, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 50.

        Excused: Representatives Hasegawa and Williams - 2.


{{42399}}        The Speaker called upon Representative Lovick to preside.


{{42400}}        Representative Kenney moved the adoption of amendment (993) to the committee amendment:


        On page 205, line 14, increase the general fund--state appropriation for FY 07 by $2,400,000


        On page 205, line 21, correct the total.


        On page 207, line 33, after "2006" insert ",$2,400,000 of the general fund--state appropriation for fiscal year 2007, and"


        On page 208, line 3, after "same amount." insert "Beginning in fiscal year 2007, the state board shall determine the method of allocating to the community and technical colleges the appropriations granted for academic employee increments, provided that the amount of the appropriation attributable to the proportionate share of the part-time faculty salary base shall only be accessible for part-time faculty."


        Representatives Kenney, Cox, Lantz and Jarrett spoke in favor of the adoption of the amendment to the committee amendment.


        The amendment to the committee amendment was adopted.


{{42401}}        Representative Dunn moved the adoption of amendment (975) to the committee amendment:


        On page 205, line 14, reduce the general fund--state appropriation for FY 07 by $400,000


        On page 205, line 21, correct the total.

 

        On page 207, line 33, after "2006" insert ",$1,000,000 of the general fund--state appropriation for fiscal year 2007,"


        On page 208, line 3, after "same amount." insert "Beginning in fiscal year 2007, the state board shall determine the method of allocating to the community and technical colleges the appropriations granted for academic employee increments, provided that the amount of the appropriation attributable to the proportionate share of the part-time faculty salary base shall only be accessible for part-time faculty."


        On page 209, line 13, strike all of subsection (17)


        Renumber remaining subsections consecutively and correct internal references accordingly.


        Representative Dunn spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Morris spoke against the adoption of the amendment to the committee amendment


        An electronic roll call vote was requested and the request was granted.


        The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (975) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (975) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 39, Nays - 57, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Skinner, Strow, Sump, and Tom - 39.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Shabro, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Talcott, Upthegrove, Wallace, Walsh, Wood, Woods, and Mr. Speaker - 57.

        Excused: Representatives Hasegawa and Williams - 2.


{{42403}}        Representative Ericksen moved the adoption of amendment (984) to the committee amendment:


        On page 210, line 7, reduce the general fund--state appropriation for FY 07 by $25,000


        On page 210, line 17, correct the total.


        On page 213, line 9, after "(14)" strike "$100,000" and insert "$75,000"


        On page 214, line 7, reduce the general fund--state appropriation for FY 07 by $25,000


        On page 214, line 12, correct the total.


        On page 216, line 31, after "(10)" strike "$100,000" and insert "$75,000"



        On page 221, line 18, increase the general fund--state appropriation for FY 07 by $50,000


        On page 221, line 23, correct the total.


        On page 224, after line 9, insert the following:

        "(10) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to the washington state institute for public policy to conduct a study comparing this state with others in the following categories:

        (a) Which states have a constitutional spending limit? Identify states with constitutional spending limits and describe the components of those limits. Determine whether legislatures having constitutional spending limits are more or less likely to exceed spending limits than those having statutory limits.

        (b) Which states have a constitutionally protected reserve fund? Determine if in states where reserve funds are in the constitution if it puts a state in a more fiscally stable position in times of downturns.

        (c) Which states constitutionally require a 60 percent vote to raise taxes? Determine if in states where there is a 60 percent requirement if taxes are less likely to be raised.

        (d) Which states have a "sunshine law" requiring a minimum time of public exposure of acts making appropriations before such legislation may be voted on? Evaluate the impacts of such provisions on public awareness of and participation in the budget process and in enhancing the accountability of budget policy making."


        Representatives Ericksen and Anderson spoke in favor of the adoption of the amendment to the committee amendment.


POINT OF ORDER


        Representative Hunt: "I would ask the gentleman to not impugn the motives of the members of this body."


SPEAKER'S RULING


        Mr. Speaker (Representative Lovick presiding): "The Speaker would remind the members to please speak to the amendment in front of you."


        Representative Anderson (continued) spoke in favor of the adoption of the amendment to the committee amendment.


        Representative McIntire spoke against the adoption of the amendment to the committee amendment.


        The Speaker assumed the chair.


        Representatives Orcutt and Serben spoke in favor of the adoption of the amendment to the committee amendment.


POINT OF ORDER


        Representative Wallace: "Mr. Speaker, will you please remind the gentleman that we should not impugn the motives or the honesty or integrity of the body."


SPEAKER'S RULING


        Mr. Speaker: "The Speaker would ask the gentleman to confine your remarks to the amendment at hand."


        Representative Serben (continued) spoke in favor the adoption of the amendment to the committee amendment.


SPEAKER'S RULING


        Mr. Speaker: "Representative Serben, your remarks about honesty are impugning the members."


{{42404}}        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (984) to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (984) to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 53, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Excused: Representatives Hasegawa and Williams - 2.


{{42405}}        Representative Chandler moved the adoption of amendment (973) to the committee amendment:


        On page 242, line 15, strike all of section 712


        Renumber the remaining sections and correct internal references accordingly.


        Representatives Chandler and Ericksen spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Grant spoke against the adoption of the amendment to the committee amendment


        An electronic roll call vote was requested and the request was granted.


        The Speaker stated the question before the House to be adoption of amendment (973) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (973) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 34, Nays - 62, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Jarrett, Kretz, Kristiansen, McCune, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Sump, Talcott and Woods - 34.

        Voting nay: Representatives Appleton, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hankins, Hinkle, Holmquist, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, Nixon, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Strow, Sullivan, B., Sullivan, P., Takko, Tom, Upthegrove, Wallace, Walsh, Wood and Mr. Speaker - 62.

        Excused: Representatives Hasegawa and Williams - 2.


{{42407}}        Representative Bailey moved the adoption of amendment (974) to the committee amendment:


        On page 244, beginning on line 15, strike all of section 716


        Renumber the remaining sections consecutively, and correct any internal references accordingly.


        Remove all appropriations made in this act from the Pension Funding Stabilization Account--State.


        Correct the totals in each section of this act for any removal of appropriations from the Pension Funding Stabilization Account--State.


        Beginning on page 244, line 27, strike all of section 717


        Renumber the remaining sections consecutively, and correct any internal references accordingly.


        Representatives Bailey, Alexander, Armstrong and Buri spoke in favor of the adoption of the amendment to the committee amendment.


        Representative Fromhold spoke against the adoption of the amendment to the committee amendment


        An electronic roll call vote was requested and the request was granted.


        The Speaker called upon Representative Lovick to preside.


        The Speaker (Representative Lovick presiding) stated the question before the House to be adoption of amendment (974) to the committee amendment to Engrossed Substitute Senate Bill No. 6386.


ROLL CALL


        The Clerk called the roll on the adoption of amendment (974) to the committee amendment to Engrossed Substitute Senate Bill No. 6386, and the amendment was not adopted by the following vote: Yeas - 43, Nays - 53, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Excused: Representatives Hasegawa and Williams - 2.


{{42409}}                                              MOTION


        On motion of Representative Hunt, the House immediately reconsidered the vote on amendment (959) to the committee amendment to ENGROSSED SUBSTITUTE SENATE BILL NO. 6386.


RECONSIDERATION


{{42410}}        The Speaker (Representative Lovick presiding) stated the question before the House to be the vote on amendment (959) to the committee amendment to Engrossed Substitute Senate Bill No. 6386 on reconsideration.


ROLL CALL


        The Clerk called the roll on amendment (959) to the committee amendment to Engrossed Substitute Senate Bill No. 6386 on reconsideration and the amendment failed the House by the following vote: Yeas - 45, Nays - 51, Excused - 2.

        Voting yea: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, Linville, McCune, McDonald, Morris, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 45.

        Voting nay: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 51.

        Excused: Representatives Hasegawa and Williams - 2.


{{42411}}        There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


        Representatives Sommers, Quall, Kenney and McIntire spoke in favor of passage of the bill.



        Representatives Alexander, Clements and Armstrong, spoke against the passage of the bill.


POINT OF ORDER


        Representative Alexander: "Mr. Speaker, I think that the gentleman is not only impugning the members, he is impugning the accuracy of those numbers. I can validate those numbers and have validated those numbers."


SPEAKER'S RULING


        The Speaker (Representative Lovick presiding): "The Speaker would just say to the gentleman from the 20th that the numbers that the member referred to are a matter for debate, not for the Speaker's ruling."


        Representatives McIntire (continued) spoke in favor of passage of the bill.


        Representative Ericksen spoke against the passage of the bill.


POINT OF ORDER


        Representative Hunt: "I would ask that the gentlemen not impugn the members' motives, and that the gentleman discuss the bill."


SPEAKER'S RULING


        The Speaker (Representative Lovick presiding): "The Speaker believes that the member from the 42nd was speaking humorously and the Speaker would ask the members' indulgence. Your point is not well taken. Representative Ericksen, would you please confine your remarks to the bill in front of you."


        Representatives Ericksen (continued), Roach, Ahern, Orcutt, Bailey, Curtis, Strow, Jarrett, Serben and DeBolt spoke against the passage of the bill.


        Representatives Kagi and Kessler spoke in favor of passage of the bill.


        The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 6386, as amended by the House.


ROLL CALL


        The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6386, as amended by the House and the bill passed the House by the following vote: Yeas - 53, Nays - 43, Excused - 2.

        Voting yea: Representatives Appleton, Blake, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eickmeyer, Ericks, Flannigan, Fromhold, Grant, Green, Haigh, Hudgins, Hunt, Hunter, Kagi, Kenney, Kessler, Kilmer, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, Murray, O'Brien, Ormsby, Pettigrew, Quall, Roberts, Santos, Schual-Berke, Sells, Simpson, Sommers, Springer, Sullivan, B., Sullivan, P., Takko, Upthegrove, Wallace, Wood and Mr. Speaker - 53.

        Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buck, Buri, Campbell, Chandler, Clements, Condotta, Cox, Crouse, Curtis, DeBolt, Dunn, Ericksen, Haler, Hankins, Hinkle, Holmquist, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Nixon, Orcutt, Pearson, Priest, Roach, Rodne, Schindler, Serben, Shabro, Skinner, Strow, Sump, Talcott, Tom, Walsh and Woods - 43.

        Excused: Representatives Hasegawa and Williams - 2.


        ENGROSSED SUBSTITUTE SENATE BILL NO. 6386, as amended by the House, having received the necessary constitutional majority, was declared passed.


{{42413}}        There being no objection, the House reverted to the fifth order of business.


REPORTS OF STANDING COMMITTEES

SUPPLEMENTAL 1


February 23, 2006

SSB 5141        Prime Sponsor, Senate Committee On Ways & Means: Providing for early intervention services for children with disabilities. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass. Signed by Representatives Kagi, Chairman; Roberts, Vice Chairman; Walsh, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Darneille; Dickerson; Dunn; Haler and Pettigrew.


        Referred to Committee on Appropriations.

{{42416}}

February 23, 2006

ESSB 5360     Prime Sponsor, Senate Committee On Early Learning, K-12 & Higher Education: Studying performance and funding of running start students. Reported by Committee on Higher Education & Workforce Education

 

MAJORITY recommendation: Do pass as amended:


        On page 2, line 5, after "instruction" strike ", with the assistance of" and insert "and"


        On page 2, line 6, after "colleges" strike "and" and insert ", in consultation with"

 

Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Dunn; Fromhold; Hasegawa; Ormsby; Priest; Roberts and Sommers.


        Referred to Committee on Appropriations.

{{42417}}

February 22, 2006

SB 5439  Prime Sponsor, Senator Roach: Authorizing background checks on gubernatorial appointees. Reported by Committee on State Government Operations & Accountability

 


MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Green, Vice Chairman; Nixon, Ranking Minority Member; Clements, Assistant Ranking Minority Member; Hunt; McDermott; Miloscia; Schindler and Sump.


        Passed to Committee on Rules for second reading.

{{42418}}

February 23, 2006

ESSB 5849     Prime Sponsor, Senate Committee On Early Learning, K-12 & Higher Education: Requiring cyberbullying to be included in school district harassment prevention policies. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; P. Sullivan, Vice Chairman; Talcott, Ranking Minority Member; Haigh; Hunter; McDermott; Santos; Shabro; Tom and Wallace.

 

MINORITY recommendation: Signed by Representatives Anderson, Assistant Ranking Minority Member; Curtis.


        Passed to Committee on Rules for second reading.

{{42419}}

February 22, 2006

SSB 6133        Prime Sponsor, Senate Committee On Agriculture & Rural Economic Development: Licensing Christmas tree growers. Reported by Committee on Economic Development, Agriculture & Trade

 

MAJORITY recommendation: Do pass. Signed by Representatives Linville, Chairman; Pettigrew, Vice Chairman; Appleton; Blake; Chase; Clibborn; Grant; McCoy; Morrell; Quall; P. Sullivan and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Kristiansen, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Bailey; Buri; Dunn; Haler; Holmquist; Kilmer; Kretz; Newhouse and Strow.


        Passed to Committee on Rules for second reading.

{{42420}}

February 23, 2006

SSB 6144        Prime Sponsor, Senate Committee On Human Services & Corrections: Changing registration requirements for sex offenders coming from outside the state who establish or reestablish Washington residency. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. 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.


        Sec. 2. RCW 9A.44.130 and 2005 c 380 s 1 are each amended to read as follows:

        (1)(a) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.

        (b) Any adult or juvenile who is required to register under (a) of this subsection:

        (i) Who is attending, or planning to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW shall, within ten days of enrolling or prior to arriving at the school to attend classes, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the school, and the sheriff shall promptly notify the principal of the school;

        (ii) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution;

        (iii) Who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or

        (iv) Whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution.

        (c) Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, or a public or private school regulated under Title 28A RCW or chapter 72.40 RCW on September 1, 2006, must notify the county sheriff immediately.

        (d) The sheriff shall notify the school's principal or institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.

        (e)(i) A principal receiving notice under this subsection must disclose the information received from the sheriff under (b) of this subsection as follows:

        (A) If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of any student required to register under (a) of this subsection and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;

        (B) If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student's record.

        (ii) Any information received by a principal or school personnel under this subsection is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

        (2) This section may not be construed to confer any powers pursuant to RCW ((4.24.500)) 4.24.550 upon the public safety department of any public or private school or institution of higher education.

        (3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.

        (b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.

        (4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:

        (i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.

        When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.

        (ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.

        (iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.

        (iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.

         (v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within ((thirty)) three business days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes for offenses committed before, on, or after February 28, 1990, or Washington state for offenses committed before, on, or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed before, on, or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.

When an offender registers under this subsection (4)(a)(v), the county sheriff shall provide written notice to the offender that he or she is subject to Washington law for any new felony he or she commits within the state. The county sheriff shall require that the offender sign the notice and shall retain the signed copy of the notice as verification that the offender has received it. The county sheriff shall give a copy of the signed notice to the offender for his or her retention. The fact that an offender has or has not received the notice required under this subsection does not prohibit, or in any way limit, the ability of Washington or any other jurisdiction to prosecute the offender for any crimes committed in this state. The notice must be in at least ten point type and must be in substantially the following form:


NOTICE

 

AS A NEW OR RETURNING RESIDENT OF WASHINGTON STATE, YOU ARE SUBJECT TO WASHINGTON LAW FOR ANY NEW FELONY YOU COMMIT WITHIN THE STATE. ANY PRIOR CONVICTIONS YOU HAVE FROM OTHER JURISDICTIONS MAY AFFECT THE MANNER IN WHICH YOU ARE SENTENCED IN WASHINGTON. FOR EXAMPLE, YOUR SENTENCE FOR A NEW FELONY COMMITTED IN WASHINGTON COULD BE LIFE WITHOUT THE POSSIBILITY OF PAROLE IF YOUR CRIMINAL HISTORY INCLUDES A CONVICTION FROM WASHINGTON OR ANY OTHER JURISDICTION THAT WOULD BE CONSIDERED A "STRIKE" UNDER WASHINGTON'S PERSISTENT OFFENDER LAW. A LIST OF STRIKE OFFENSES MAY BE FOUND IN THE DEFINITION OF "PERSISTENT OFFENDER" IN RCW 9.94A.030.

SIGNATURE:


        (vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.

         (vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.

        (viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.

        (ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.

        (b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.

        (c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.

        (d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.

        (5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.

        (b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.

        (6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.

        (b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.

        (c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.

        (7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.

         (8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.

        (9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:

        (a) "Sex offense" means:

        (i) Any offense defined as a sex offense by RCW 9.94A.030;

        (ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);

        (iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);

        (iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and

        (v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.

        (b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).

        (c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.

        (d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.

         (10)(a) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section.

        (b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

        (11)(a) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section.

        (b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.

        (12) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a peace officer, including a county sheriff, or law enforcement agency, for failing to release information authorized under this section.


        NEW SECTION. Sec. 3. This act takes effect September 1, 2006."

 

Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Pearson, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kirby; Strow and Williams.


        Passed to Committee on Rules for second reading.

{{42421}}

February 23, 2006

SSB 6171        Prime Sponsor, Senate Committee On Ways & Means: Creating a demonstration project to help prepare bilingual and special education teachers. Reported by Committee on Higher Education & Workforce Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Sells, Vice Chairman; Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri; Dunn; Fromhold; Hasegawa; Ormsby; Priest; Roberts and Sommers.


        Referred to Committee on Appropriations.


February 23, 2006

2SSB 6172      Prime Sponsor, Senate Committee On Ways & Means: Increasing penalties for specified sex offenses. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended:


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 9.68A.090 and 2003 c 53 s 42 and 2003 c 26 s 1 are each reenacted and amended to read as follows:

        (1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.

        (2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of an electronic communication.


        Sec. 2. RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are each reenacted and amended to read as follows:


 

TABLE 2

 

 

CRIMES INCLUDED WITHIN

EACH SERIOUSNESS LEVEL

 

XVI

Aggravated Murder 1 (RCW

        10.95.020)

 

XV

Homicide by abuse (RCW 9A.32.055)

 

 

Malicious explosion 1 (RCW

        70.74.280(1))

 

 

Murder 1 (RCW 9A.32.030)

 

XIV

Murder 2 (RCW 9A.32.050)

 

 

Trafficking 1 (RCW 9A.40.100(1))

 

XIII

Malicious explosion 2 (RCW

        70.74.280(2))

 

 

Malicious placement of an explosive 1

        (RCW 70.74.270(1))

 

XII

Assault 1 (RCW 9A.36.011)

 

 

Assault of a Child 1 (RCW 9A.36.120)

 

 

Malicious placement of an imitation

        device 1 (RCW 70.74.272(1)(a))

 

 

Rape 1 (RCW 9A.44.040)

 

 

Rape of a Child 1 (RCW 9A.44.073)

 

 

Trafficking 2 (RCW 9A.40.100(2))

 

XI

Manslaughter 1 (RCW 9A.32.060)

 

 

Rape 2 (RCW 9A.44.050)

 

 

Rape of a Child 2 (RCW 9A.44.076)

 

X

Child Molestation 1 (RCW 9A.44.083)

 

 

Indecent Liberties (with forcible

        compulsion) (RCW

        9A.44.100(1)(a))

 

 

Kidnapping 1 (RCW 9A.40.020)

 

 

Leading Organized Crime (RCW

        9A.82.060(1)(a))

 

 

Malicious explosion 3 (RCW

        70.74.280(3))

 

 

Sexually Violent Predator Escape

        (RCW 9A.76.115)

 

IX

Assault of a Child 2 (RCW 9A.36.130)

 

 

Explosive devices prohibited (RCW

        70.74.180)

 

 

Hit and Run--Death (RCW

        46.52.020(4)(a))

 

 

Homicide by Watercraft, by being

        under the influence of intoxicating

        liquor or any drug (RCW

        79A.60.050)

 

 

Inciting Criminal Profiteering (RCW

        9A.82.060(1)(b))

 

 

Malicious placement of an explosive 2

        (RCW 70.74.270(2))

 

 

Robbery 1 (RCW 9A.56.200)

 

 

Sexual Exploitation (RCW 9.68A.040)

 

 

Vehicular Homicide, by being under

        the influence of intoxicating liquor

        or any drug (RCW 46.61.520)

 

VIII

Arson 1 (RCW 9A.48.020)

 

 

Homicide by Watercraft, by the

        operation of any vessel in a

        reckless manner (RCW

        79A.60.050)

 

 

Manslaughter 2 (RCW 9A.32.070)

 

 

Promoting Prostitution 1 (RCW

        9A.88.070)

 

 

Theft of Ammonia (RCW 69.55.010)

 

 

Vehicular Homicide, by the operation

                                                                                                                            of any vehicle in a reckless

                                                                                                                            manner (RCW 46.61.520)

 

VII

Burglary 1 (RCW 9A.52.020)

 

 

Child Molestation 2 (RCW 9A.44.086)

 

 

Civil Disorder Training (RCW

                                                                                                                            9A.48.120)

 

 

Dealing in depictions of minor

                                                                                                                            engaged in sexually explicit

                                                                                                                            conduct (RCW 9.68A.050)

 

 

Drive-by Shooting (RCW 9A.36.045)

 

 

Homicide by Watercraft, by disregard

                                                                                                                            for the safety of others (RCW

                                                                                                                            79A.60.050)

 

 

Indecent Liberties (without forcible

                                                                                                                            compulsion) (RCW 9A.44.100(1)

                                                                                                                            (b) and (c))

 

 

Introducing Contraband 1 (RCW

                                                                                                                            9A.76.140)

 

 

Malicious placement of an explosive 3

                                                                                                                            (RCW 70.74.270(3))

 

 

Negligently Causing Death By Use of

                                                                                                                            a Signal Preemption Device

                                                                                                                            (RCW 46.37.675)

 

 

Sending, bringing into state depictions

                                                                                                                            of minor engaged in sexually

                                                                                                                            explicit conduct (RCW

                                                                                                                            9.68A.060)

 

 

Unlawful Possession of a Firearm in

                                                                                                                            the first degree (RCW

                                                                                                                            9.41.040(1))

 

 

Use of a Machine Gun in Commission

                                                                                                                            of a Felony (RCW 9.41.225)

 

 

Vehicular Homicide, by disregard for

                                                                                                                            the safety of others (RCW

                                                                                                                            46.61.520)

 

VI

Bail Jumping with Murder 1 (RCW

                                                                                                                            9A.76.170(3)(a))

 

 

Bribery (RCW 9A.68.010)

 

 

Incest 1 (RCW 9A.64.020(1))

 

 

Intimidating a Judge (RCW

                                                                                                                            9A.72.160)

 

 

Intimidating a Juror/Witness (RCW

                                                                                                                            9A.72.110, 9A.72.130)

 

 

Malicious placement of an imitation

                                                                                                                            device 2 (RCW 70.74.272(1)(b))

 

 

Possession of Depictions of a Minor

                                                                                                                            Engaged in Sexually Explicit

                                                                                                                            Conduct (RCW 9.68A.070)

 

 

Rape of a Child 3 (RCW 9A.44.079)

 

 

Theft of a Firearm (RCW 9A.56.300)

 

 

Unlawful Storage of Ammonia (RCW

                                                                                                                            69.55.020)

 

V

Abandonment of dependent person 1

                                                                                                                            (RCW 9A.42.060)

 

 

Advancing money or property for

                                                                                                                            extortionate extension of credit

                                                                                                                            (RCW 9A.82.030)

 

 

Bail Jumping with class A Felony

                                                                                                                            (RCW 9A.76.170(3)(b))

 

 

Child Molestation 3 (RCW 9A.44.089)

 

 

Criminal Mistreatment 1 (RCW

        9A.42.020)

 

 

Custodial Sexual Misconduct 1 (RCW

        9A.44.160)

 

 

Domestic Violence Court Order

        Violation (RCW 10.99.040,

        10.99.050, 26.09.300, 26.10.220,

        26.26.138, 26.50.110, 26.52.070,

        or 74.34.145)

 

 

Extortion 1 (RCW 9A.56.120)

 

 

Extortionate Extension of Credit

        (RCW 9A.82.020)

 

 

Extortionate Means to Collect

        Extensions of Credit (RCW

        9A.82.040)

 

 

Incest 2 (RCW 9A.64.020(2))

 

 

Kidnapping 2 (RCW 9A.40.030)

 

 

Perjury 1 (RCW 9A.72.020)

 

 

Persistent prison misbehavior (RCW

        9.94.070)

 

 

Possession of a Stolen Firearm (RCW

        9A.56.310)

 

 

Rape 3 (RCW 9A.44.060)

 

 

Rendering Criminal Assistance 1

        (RCW 9A.76.070)

 

 

Sexual Misconduct with a Minor 1

        (RCW 9A.44.093)

 

 

Sexually Violating Human Remains

        (RCW 9A.44.105)

 

 

Stalking (RCW 9A.46.110)

 

 

Taking Motor Vehicle Without

        Permission 1 (RCW 9A.56.070)

 

IV

Arson 2 (RCW 9A.48.030)

 

 

Assault 2 (RCW 9A.36.021)

 

 

Assault 3 (of a Peace Officer with a

        Projectile Stun Gun) (RCW

        9A.36.031(1)(h))

 

 

Assault by Watercraft (RCW

        79A.60.060)

 

 

Bribing a Witness/Bribe Received by

        Witness (RCW 9A.72.090,

        9A.72.100)

 

 

Cheating 1 (RCW 9.46.1961)

 

 

Commercial Bribery (RCW

        9A.68.060)

 

 

Counterfeiting (RCW 9.16.035(4))

 

 

Endangerment with a Controlled

        Substance (RCW 9A.42.100)

 

 

Escape 1 (RCW 9A.76.110)

 

 

Hit and Run--Injury (RCW

        46.52.020(4)(b))

 

 

Hit and Run with Vessel--Injury

        Accident (RCW 79A.60.200(3))

 

 

Identity Theft 1 (RCW 9.35.020(2))

 

 

Indecent Exposure to Person Under

        Age Fourteen (subsequent sex

        offense) (RCW 9A.88.010)

 

 

Influencing Outcome of Sporting

        Event (RCW 9A.82.070)

 

 

Malicious Harassment (RCW

        9A.36.080)

 

 

Residential Burglary (RCW

                                                                                                                            9A.52.025)

 

 

Robbery 2 (RCW 9A.56.210)

 

 

Theft of Livestock 1 (RCW 9A.56.080)

 

 

Threats to Bomb (RCW 9.61.160)

 

 

Trafficking in Stolen Property 1 (RCW

                                                                                                                            9A.82.050)

 

 

Unlawful factoring of a credit card or

                                                                                                                            payment card transaction (RCW

                                                                                                                            9A.56.290(4)(b))

 

 

Unlawful transaction of health

                                                                                                                            coverage as a health care service

                                                                                                                            contractor (RCW 48.44.016(3))

 

 

Unlawful transaction of health

                                                                                                                            coverage as a health maintenance

                                                                                                                            organization (RCW 48.46.033(3))

 

 

Unlawful transaction of insurance

                                                                                                                            business (RCW 48.15.023(3))

 

 

Unlicensed practice as an insurance

                                                                                                                            professional (RCW 48.17.063(3))

 

 

Use of Proceeds of Criminal

                                                                                                                            Profiteering (RCW 9A.82.080 (1)

                                                                                                                            and (2))

 

 

Vehicular Assault, by being under the

                                                                                                                            influence of intoxicating liquor or

                                                                                                                            any drug, or by the operation or

                                                                                                                            driving of a vehicle in a reckless

                                                                                                                            manner (RCW 46.61.522)

 

 

Willful Failure to Return from

                                                                                                                            Furlough (RCW 72.66.060)

 

III

Abandonment of dependent person 2

                                                                                                                            (RCW 9A.42.070)

 

 

Assault 3 (Except Assault 3 of a Peace

                                                                                                                            Officer With a Projectile Stun

                                                                                                                            Gun) (RCW 9A.36.031 except

                                                                                                                            subsection (1)(h))

 

 

Assault of a Child 3 (RCW 9A.36.140)

 

 

Bail Jumping with class B or C Felony

                                                                                                                            (RCW 9A.76.170(3)(c))

 

 

Burglary 2 (RCW 9A.52.030)

 

 

Communication with a Minor for

                                                                                                                            Immoral Purposes (RCW

                                                                                                                            9.68A.090)

 

 

Criminal Gang Intimidation (RCW

                                                                                                                            9A.46.120)

 

 

Criminal Mistreatment 2 (RCW

                                                                                                                            9A.42.030)

 

 

Custodial Assault (RCW 9A.36.100)

 

 

Cyberstalking (subsequent conviction

                                                                                                                            or threat of death) (RCW

                                                                                                                            9.61.260(3))

 

 

Escape 2 (RCW 9A.76.120)

 

 

Extortion 2 (RCW 9A.56.130)

 

 

Harassment (RCW 9A.46.020)

 

 

Intimidating a Public Servant (RCW

                                                                                                                            9A.76.180)

 

 

Introducing Contraband 2 (RCW

                                                                                                                            9A.76.150)

 

 

Malicious Injury to Railroad Property

                                                                                                                            (RCW 81.60.070)

 

 

Negligently Causing Substantial Bodily

        Harm By Use of a Signal

        Preemption Device (RCW

        46.37.674)

 

 

Patronizing a Juvenile Prostitute

        (RCW 9.68A.100)

 

 

Perjury 2 (RCW 9A.72.030)

 

 

Possession of Incendiary Device (RCW

         9.40.120)

 

 

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW

        9.41.190)

 

 

Promoting Prostitution 2 (RCW

        9A.88.080)

 

 

Securities Act violation (RCW

        21.20.400)

 

 

Tampering with a Witness (RCW

        9A.72.120)

 

 

Telephone Harassment (subsequent

        conviction or threat of death)

        (RCW 9.61.230(2))

 

 

Theft of Livestock 2 (RCW 9A.56.083)

 </