WHEREAS, Washington's apple industry is a major contributor to the economic health of the state and its people; and

      WHEREAS, The Apple Blossom Festival celebrates the importance of the apple industry in the Wenatchee Valley and its environs; and

      WHEREAS, The Apple Blossom Festival, which began in 1919 as a one-day gathering of poetry and song in Wenatchee's Memorial Park, is one of the oldest major festivals in the state; and

      WHEREAS, The City of Wenatchee is preparing to celebrate the 87th annual Washington State Apple Blossom Festival to take place from April 27 through May 7, 2006; and

      WHEREAS, The Apple Blossom Festival recognizes three young women who, by their superior and distinctive efforts, have exemplified the spirit and meaning of the Apple Blossom Festival; and

      WHEREAS, These three young women are selected by their peers and community to reign over the Apple Blossom Festival and serve as ambassadors of this great region of Eastern Washington, the Wenatchee Valley, and the surrounding communities as Princesses and Queen; and

      WHEREAS, Liz Speidel has been selected to represent her community as a 2006 Apple Blossom Princess in part due to her accomplishments and contributions to the community through a dedication to academic excellence and scholastic achievement, as well as her involvement in extracurricular activities at Wenatchee High School where she serves as secretary of Key Club and as a member of the National Honor Society, French Club, Interact Club, Political Awareness Club, and Chamber Singers; and

      WHEREAS, Julie Rice has been selected to represent her community as a 2006 Apple Blossom Princess in part due to her service as Drum Major of Wenatchee High School's Golden Apple marching band and as a Freshman orientation counselor, youth group leader, and volunteer counselor at Royal Family Kids Camp, as well as for her academic and scholastic achievements, which include the Challenge Program and the National Honor Society; and

      WHEREAS, Jenny Hampton has been selected to represent her community as the 2006 Apple Blossom Queen in part due to her accomplishments and contributions to the community through her demonstrated leadership and service as an Associated Student Body Activities Coordinator at Wenatchee High School, where she strives to exemplify the characteristics of servant leadership: Patience, kindness, humility, respect, selflessness, honesty, commitment, and forgiveness, as well as for her positive attitude on and off the volleyball and tennis court and for her devotion to academic excellence and scholastic achievement as a math tutor and as a member of the National Honor Society;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington honor the accomplishments of the members of the Apple Blossom Festival Court and join the City of Wenatchee and the people of the State of Washington in celebrating the Washington State Apple Blossom Festival; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Queen Jenny Hampton, Princess Liz Speidel, Princess Julie Rice, and the board of directors and chairs of the Washington State Apple Blossom Festival.

      Senator Parlette spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8734.

      The motion by Senator Parlette carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Jenny Hampton, the 2006 Apple Blossom Queen, who was seated at the rostrum.

With permission of the Senate, business was suspended to allow Apple Blossom Queen Jenny Hampton to address the Senate.

REMARKS BY QUEEN HAMPTON

      Queen Hampton: “Hello, I am the Apple Blossom Queen, Jenny Hampton, and on behalf of Princesses Julie Rice and Liz Speidel, I’d like to thank you for allowing us to be here today. All three of us have looked forward to this trip ever since we were handed our year-long calendar of Apple Blossom events. And no, it’s not because we know we’d get to go shopping. That was just an added bonus. It has been such a pleasure meeting so many of you and being able to get an inside look at the political process here in Olympia. Both of my parents have served in the armed forces and when my dad returned from Iraq last year, he would tell me stories about the voting and the purple thumbs and how the people over there were so excited for change and how they began to have hope. Some of the stories that go on in the streets over there are just unbelieveable. Stories like that make me so thankful that I live in a country where I don’t have to be afraid of road side bombs. Thankful of a government that allows me to freely express my opinions and thankful of it’s people who, often times, may be polarized are all fighting for the same thing, that of our natural rights. We may not always agree on how we should go about keeping these freedoms but it’s the process of compromise that makes America so great. So, thank you for all that you do. On behalf of the Washington State Apple Blossom Festival, I’d like to officially invite you to take a walk on Orondo street on Saturday, May 6, to watch the eighty-seventh Apple Blossom Grand Parade. Also join us for any of our other festivities running from April 27 through May 7 and I’m sure we will see all of you there for there are no excuses, it’s a bipartisan event. Thank you again for having us here today. Hope you have a wonderful day.”

MOTION

      On motion of Senator Eide, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

March 2, 2006

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6566, with the following amendments{s} 6566-S.E AMH TR H5407.1.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.94.524 and 1991 c 202 s 11 are each amended to read as follows:

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

      (1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.

      (2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights of way, and at which there are one hundred or more full-time employees ((of one or more employers)), who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.

      (3) (("Commute trip reduction zones" mean areas, such as census tracts or combinations of census tracts, within a jurisdiction that are characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single occupancy vehicle commuting.

      (4))) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months during the year.

      (4) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the department of transportation.

      (5) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.

      (((5))) (6) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees.

      (((6))) (7) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.

      (((7))) (8) "Base year" means the ((year January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled and single-occupant vehicle trips shall be based. Base year goals may be determined using the 1990 journey-to-work census data projected to the year 1992 and shall be consistent with the growth management act. The task force shall establish a method to be used by jurisdictions to determine reductions of vehicle miles traveled)) twelve-month period commencing when a major employer is determined to be participating by the local jurisdiction, on which commute trip reduction goals shall be based.

      (9) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the commute trip reduction board under RCW 70.94.537, and must be certified by a regional transportation planning organization as established in RCW 47.80.020.

      (10)(a) "Affected urban growth area" means:

      (i) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and

      (ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.

      (b) Affected urban growth areas will be listed by the department of transportation in the rules for this act using the criteria identified in (a) of this subsection.

      (11) "Certification" means a determination by a regional transportation planning organization that a locally designated growth and transportation efficiency center program meets the minimum criteria developed in a collaborative regional process and the rules established by the department of transportation.

      Sec. 2. RCW 70.94.527 and 1997 c 250 s 2 are each amended to read as follows:

      (1) Each county ((with a population over one hundred fifty thousand, and each city or town within those counties containing a major employer shall, by October 1, 1992, adopt by ordinance and implement a commute trip reduction plan for all major employers. The plan shall be developed in cooperation with local transit agencies, regional transportation planning organizations as established in RCW 47.80.020, major employers, and the owners of and employers at major worksites)) containing an urban growth area, as defined by RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas, shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions located within an urban growth area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip reduction board. Jurisdictions containing a major employment installation in a county with an affected growth area, as defined by RCW 36.70A.110, shall adopt a commute trip reduction plan and ordinance for major employers in the major employment installation by a date specified by the commute trip reduction board. The ordinance shall establish the requirements for major employers and provide an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of the ordinance, may obtain waiver or modification of those requirements. The plan shall be designed to achieve reductions in the proportion of single-occupant vehicle commute trips and ((the commute trip vehicle miles traveled per employee by employees of major public and private sector employers in the jurisdiction)) be consistent with the rules established by the department of transportation. The county, city, or town shall submit its adopted plan to the regional transportation planning organization. The county, city, or town plan shall be included in the regional commute trip reduction plan for regional transportation planning purposes, consistent with the rules established by the department of transportation in RCW 70.94.537.

      (2) All other counties, ((and)) cities, and towns ((in those counties,)) may adopt and implement a commute trip reduction plan consistent with department of transportation rules established under RCW 70.94.537. Tribal governments are encouraged to adopt a commute trip reduction plan for their lands. State investment in voluntary commute trip reduction plans shall be limited to those areas that meet criteria developed by the commute trip reduction board.

      (3) The department of ecology may, after consultation with the department of transportation, as part of the state implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement commute trip reduction plans if the department determines that such plans are necessary for attainment of said standards.

      (4) A commute trip reduction plan shall be consistent with the ((guidelines)) rules established under RCW 70.94.537 and shall include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips ((and the commute trip vehicle miles traveled per employee)) consistent with the state goals established by the commute trip reduction board under RCW 70.94.537 and the regional commute trip reduction plan goals established in the regional commute trip reduction plan; (b) ((designation of commute trip reduction zones; (c))) a description of the requirements for major public and private sector employers to implement commute trip reduction programs; (((d))) (c) a commute trip reduction program for employees of the county, city, or town; (((e) a review of local parking policies and ordinances as they relate to employers and major worksites and any revisions necessary to comply with commute trip reduction goals and guidelines; (f) an appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain waiver or modification of those requirements; and (g))) and (d) means, consistent with rules established by the department of transportation, for determining base year values ((of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee)) and progress toward meeting commute trip reduction plan goals ((on an annual basis. Goals which are established shall take into account existing transportation demand management efforts which are made by major employers. Each jurisdiction shall ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year. The goals for miles traveled per employee for all major employers shall not be less than a fifteen percent reduction from the worksite base year value or the base year value for the commute trip reduction zone in which their worksite is located by January 1, 1995, twenty percent reduction from the base year values by January 1, 1997, twenty-five percent reduction from the base year values by January 1, 1999, and a thirty-five percent reduction from the base year values by January 1, 2005.

      (5) A county, city, or town may, as part of its commute trip reduction plan, require commute trip reduction programs for employers with ten or more full time employees at major worksites in federally designated nonattainment areas for carbon monoxide and ozone. The county, city or town shall develop the programs in cooperation with affected employers and provide technical assistance to the employers in implementing such programs)). The plan shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.

      (((6))) (5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction. Counties, cities, ((or)) and towns adopting commute trip reduction plans may enter into agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of transportation services, or regional transportation planning organizations to coordinate the development and implementation of such plans. Transit agencies shall work with counties, cities, and towns as a part of their six-year transit development plan established in RCW 35.58.2795 to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including rideshare services. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070. Regional transportation planning organizations shall review the local commute trip reduction plans during the development and update of the regional commute trip reduction plan.

      (6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its region consistent with the rules and deadline established by the department of transportation under RCW 70.94.537. The plan shall include, but is not limited to: (a) Regional program goals for commute trip reduction in urban growth areas and all designated growth and transportation efficiency centers; (b) a description of strategies for achieving the goals; (c) a sustainable financial plan describing projected revenues and expenditures to meet the goals; (d) a description of the way in which progress toward meeting the goals will be measured; and (e) minimum criteria for growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals from local jurisdictions to designate growth and transportation efficiency centers and shall determine whether the proposed growth and transportation efficiency center is consistent with the criteria defined in the regional commute trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the minimum requirements by the regional transportation planning organization shall be identified in subsequent updates of the regional commute trip reduction plan. These plans shall be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the region. The plan will be reviewed and approved by commute trip reduction board as established under RCW 70.94.537. Regions without an approved regional commute trip reduction plan shall not be eligible for state commute trip reduction program funds.

      The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand management components in the regional transportation plan as required by RCW 47.80.030.

      (7) Each ((county, city, or town)) regional transportation planning organization implementing a regional commute trip reduction program shall, ((within thirty days submit a summary of its plan along with certification of adoption)) consistent with the rules and deadline established by the department of transportation, submit its plan as well as any related local commute trip reduction plans and certified growth and transportation efficiency center programs, to the commute trip reduction ((task force)) board established under RCW 70.94.537. The commute trip reduction board shall review the regional commute trip reduction plan and the local commute trip reduction plans. The regional transportation planning organization shall collaborate with the commute trip reduction board to evaluate the consistency of local commute trip reduction plans with the regional commute trip reduction plan. Local and regional plans must be approved by the commute trip reduction board in order to be eligible for state funding provided for the purposes of this chapter.

      (8) Each ((county, city, or town)) regional transportation planning organization implementing a regional commute trip reduction program shall submit an annual progress report to the commute trip reduction ((task force)) board established under RCW 70.94.537. The report shall be due ((July 1, 1994, and each July 1st thereafter through July 1, 2006)) at the end of each state fiscal year for which the program has been implemented. The report shall describe progress in attaining the applicable commute trip reduction goals ((for each commute trip reduction zone)) and shall highlight any problems being encountered in achieving the goals. The information shall be reported in a form established by the commute trip reduction ((task force)) board.

      (9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction shall be submitted for review to the commute trip reduction ((task force)) board established under RCW 70.94.537. The commute trip reduction ((task force)) board may not deny the granting of a waiver or modification of the requirements of a commute trip reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections.

      (10) ((Each county, city, or town implementing a commute trip reduction program shall count commute trips eliminated through work-at-home options or alternate work schedules as one and two-tenths vehicle trips eliminated for the purpose of meeting trip reduction goals.

      (11) Each county, city, or town implementing a commute trip reduction program shall ensure that employers that have modified their employees' work schedules so that some or all employees are not scheduled to arrive at work between 6:00 a.m. and 9:00 a.m. are provided credit when calculating single-occupancy vehicle use and vehicle miles traveled at that worksite. This credit shall be awarded if implementation of the schedule change was an identified element in that worksite's approved commute trip reduction program or if the schedule change occurred because of impacts associated with chapter 36.70A RCW, the growth management act.

      (12))) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees.

      (((13))) (11) Plans implemented under this section shall not apply to construction worksites when the expected duration of the construction project is less than two years.

(12) If an affected urban growth area has not previously implemented a commute trip reduction program, and the state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding two years.

      NEW SECTION. Sec. 3. A new section is added to chapter 70.94 RCW to read as follows:

      Nothing in this act preempts the ability of state employees to collectively bargain over commute trip reduction issues, including parking fees under chapter 41.80 RCW, or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such issues were mandatory subjects of collective bargaining.

      NEW SECTION. Sec. 4. A new section is added to chapter 70.94 RCW to read as follows:

      (1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.

      (a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.

      (b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70.94.537(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.

      (c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter 47.29 RCW, including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70.94.537.

      (d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.

      (e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.

      (2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.

      Sec. 5. RCW 70.94.531 and 1997 c 250 s 3 are each amended to read as follows:

      (1) State agency worksites are subject to the same requirements under this section and RCW 70.94.534 as private employers.

      (2) Not more than ((six months)) ninety days after the adoption of ((the)) a jurisdiction's commute trip reduction plan ((by a jurisdiction)), each major employer in that jurisdiction shall perform a baseline measurement consistent with the rules established by the department of transportation under RCW 70.94.537. Not more than ninety days after receiving the results of the baseline measurement, each major employer shall develop a commute trip reduction program and shall submit a description of that program to the jurisdiction for review. The program shall be implemented not more than ((six months)) ninety days after ((submission to)) approval by the jurisdiction.

      (((2))) (3) A commute trip reduction program of a major employer shall consist of, at a minimum (a) designation of a transportation coordinator and the display of the name, location, and telephone number of the coordinator in a prominent manner at each affected worksite; (b) regular distribution of information to employees regarding alternatives to single-occupant vehicle commuting; (c) ((an annual)) a regular review of employee commuting and reporting of progress toward meeting the single-occupant vehicle reduction goals to the county, city, or town consistent with the method established in the commute trip reduction plan and the rules established by the department of transportation under RCW 70.94.537; and (d) implementation of a set of measures designed to achieve the applicable commute trip reduction goals adopted by the jurisdiction. Such measures may include but are not limited to:

      (i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;

      (ii) Instituting or increasing parking charges for single-occupant vehicles;

      (iii) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips;

      (iv) Provision of subsidies for transit fares;

      (v) Provision of vans for van pools;

      (vi) Provision of subsidies for car pooling or van pooling;

      (vii) Permitting the use of the employer's vehicles for car pooling or van pooling;

      (viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools;

      (ix) Cooperation with transportation providers to provide additional regular or express service to the worksite;

      (x) Construction of special loading and unloading facilities for transit, car pool, and van pool users;

      (xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

      (xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facility;

      (xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes;

      (xiv) Establishment of a program of alternative work schedules such as compressed work week schedules which reduce commuting; and

      (xv) Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi services.

      (((3))) (4) Employers or owners of worksites may form or utilize existing transportation management associations or other transportation-related associations authorized by RCW 35.87A.010 to assist members in developing and implementing commute trip reduction programs.

      (((4))) (5) Employers shall make a good faith effort towards achievement of the goals identified in RCW 70.94.527(4)(((g))) (d).

      Sec. 6. RCW 70.94.534 and 1997 c 250 s 4 are each amended to read as follows:

      (1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall complete review of each employer's initial commute trip reduction program within ((three months)) ninety days of receipt.

      (2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to achieve the goals outlined in RCW 70.94.527(4). Employers are considered to be making a good faith effort if the following conditions have been met:

      (a) The employer has met the minimum requirements identified in RCW 70.94.531; ((and))

      (b) The employer has notified the jurisdiction of its intent to substantially change or modify its program and has either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved without additional modifications;

      (c) The employer has provided adequate information and documentation of implementation when requested by the jurisdiction; and

      (d) The employer is working collaboratively with its jurisdiction to continue its existing program or is developing and implementing program modifications likely to result in improvements to the program over an agreed upon length of time.

      (3) Each jurisdiction shall ((annually)) review at least once every two years each employer's progress and good faith efforts toward meeting the applicable commute trip reduction goals. If an employer makes a good faith effort, as defined in this section, but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to make modifications to the commute trip reduction program. Failure of an employer to reach the applicable commute trip reduction goals is not a violation of this chapter.

      (4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, the jurisdiction shall work collaboratively with the employer to propose modifications to the program and shall direct the employer to revise its program within thirty days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.

      (5) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip reduction program or to modify its commute trip reduction program as required in subsection (4) of this section. No major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals. No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction program goal was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith.

      (6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption from the commute trip reduction requirements based on the guidelines established by the commute trip reduction ((task force)) board authorized under RCW 70.94.537.

      Sec. 7. RCW 70.94.537 and 1997 c 250 s 5 are each amended to read as follows:

      (1) A ((twenty-eight)) sixteen member state commute trip reduction ((task force)) board is established as follows:

      (a) The secretary of the department of transportation or the secretary's designee who shall serve as chair;

      (b) ((The director of the department of ecology or the director's designee;

      (c) The director of the department of community, trade, and economic development or the director's designee;

      (d) The director of the department of general administration or the director's designee;

      (e) Three representatives from)) One representative from the office of the governor or the governor's designee;

      (c) The director or the director's designee of one of the following agencies, to be determined by the governor:

      (i) Department of general administration;

      (ii) Department of ecology;

      (iii) Department of community, trade, and economic development;

      (d) Three representatives from cities and towns or counties appointed by the governor for staggered four-year terms from a list ((of at least six)) recommended by the association of Washington cities or the Washington state association of counties;

      (((f) Three representatives from cities and towns appointed by the governor from a list of at least six recommended by the association of Washington cities;

      (g) Three)) (e) Two representatives from transit agencies appointed by the governor for staggered four-year terms from a list ((of at least six)) recommended by the Washington state transit association;

      (((h) Twelve)) (f) Two representatives from participating regional transportation planning organizations appointed by the governor for staggered four-year terms;

      (g) Four representatives of employers at or owners of major worksites in Washington, or transportation management associations, business improvement areas, or other transportation organizations representing employers, appointed by the governor ((from a list recommended by the association of Washington business or other statewide business associations representing major employers, provided that every affected county shall have at least one representative; and

      (i) Three)) for staggered four-year terms; and

      (h) Two citizens appointed by the governor for staggered four-year terms.

      Members of the commute trip reduction ((task force)) board shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. The ((task force)) board has all powers necessary to carry out its duties as prescribed by this chapter. ((The task force shall be dissolved on July 1, 2006.))

      (2) By March 1, ((1992)) 2007, the ((commute trip reduction task force)) department of transportation shall establish ((guidelines)) rules for commute trip reduction plans and implementation procedures. The commute trip reduction board shall advise the department on the content of the rules. The ((guidelines)) rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the ((task force)) board determines to be relevant. The ((guidelines)) rules shall include:

      (a) Guidance criteria for ((establishing commute trip reduction zones)) growth and transportation efficiency centers;

      (b) ((Methods and information requirements for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee)) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and progress toward meeting commute trip reduction plan goals;

      (c) Model commute trip reduction ordinances;

      (d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;

      (e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;

      (f) ((Methods to ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year;

      (g) Alternative commute trip reduction goals for major employers which cannot meet the goals of this chapter because of the unique nature of their business;

      (h) Alternative commute trip reduction goals for major employers whose worksites change and who contribute substantially to traffic congestion in a trip reduction zone; and

      (i) Methods to insure that employers receive credit for scheduling changes enacted pursuant to the criteria identified in RCW 70.94.527(11).

      (3))) Establishment of a process for determining the state's affected areas, including criteria and procedures for regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt urban growth areas;

      (g) Listing of the affected areas of the program to be done every four years as identified in subsection (5) of this section;

      (h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement commute trip reduction are eligible for state funding;

      (i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to ensure consistency between the local commute trip reduction plan and the transportation demand management strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070.

      (j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the regional commute trip reduction plan is consistent with and incorporated into transportation demand management components in the regional transportation plan;

      (k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and transportation efficiency center programs meet the minimum requirements and are eligible for funding;

      (l) Guidelines for creating and updating growth and transportation efficiency center programs; and

      (m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway system.

      (3) The board shall create a state commute trip reduction plan that shall be updated every four years as discussed in subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for how transportation demand management strategies can be targeted most effectively to support commute trip reduction program goals; (c) performance measures for assessing the cost-effectiveness of commute trip reduction strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The board shall review and approve regional commute trip reduction plans, and work collaboratively with regional transportation planning organizations in the establishment of the state commute trip reduction plan.

      (4) The ((task force)) board shall work with affected jurisdictions, major employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.

      (((4) The task force shall assess the commute trip reduction options available to employers other than major employers and make recommendations to the legislature by October 1, 1992. The recommendations shall include the minimum size of employer who shall be required to implement trip reduction programs and the appropriate methods those employers can use to accomplish trip reduction goals.))

      (5) The board shall evaluate and update the commute trip reduction program plan and recommend changes to the rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology used by the department of transportation is incorporated into the program and to determine which areas of the state should be affected by the program. The board shall review the definition of a major employer no later than December 1, 2009. The board shall regularly identify urban growth areas that are projected to be affected by this act in the next four-year period and may provide advance planning support to the potentially affected jurisdictions.

      (6) The ((task force)) board shall review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature and the governor by December 1, ((1995, December 1, 1999, December 1, 2001, December 1, 2003, and December 1, 2005)) 2009, and every two years thereafter. In assessing the costs and benefits, the ((task force)) board shall consider the costs of not having implemented commute trip reduction plans and programs with the assistance of the transportation performance audit board authorized under chapter 44.75 RCW. The ((task force)) board shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter. ((The recommendations made December 1, 1995, shall include recommendations regarding extension of the requirements of this chapter to employers with fifty or more full-timeemployees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for more than twelve continuous months.))

(7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and state rules and guidelines.

      Sec. 8. RCW 70.94.541 and 1996 c 186 s 515 are each amended to read as follows:

      (1) ((A technical assistance team shall be established under the direction of the department of transportation and include representatives of the department of ecology.)) The ((team)) department of transportation shall provide staff support to the commute trip reduction ((task force)) board in carrying out the requirements of RCW 70.94.537 ((and to the department of general administration in carrying out the requirements of RCW 70.94.551)).

      (2) The ((team)) department of transportation shall provide technical assistance to regional transportation planning organizations, counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in ((determining base and subsequent year values of single-occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals)) single measurement methodology and practice to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local governments, transit agencies, and employers.

      (3) In carrying out this section the department of transportation may contract with statewide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.

      Sec. 9. RCW 70.94.544 and 2001 c 74 s 1 are each amended to read as follows:

      A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction ((task force)) board in carrying out the responsibilities of RCW ((70.94.541)) 70.94.537, and the ((interagency technical assistance team)) department of transportation, including the activities authorized under RCW 70.94.541(2), and to assist regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. The commute trip reduction board shall determine the allocation of program funds made available for the purposes of this chapter to regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. If state funds for the purposes of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the funds shall be disbursed based on criteria established by the commute trip reduction board under RCW 70.94.537.

      Sec. 10. RCW 70.94.547 and 1991 c 202 s 18 are each amended to read as follows:

      The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of general administration and other state agencies, including institutions of higher education, shall aggressively develop substantive programs to reduce commute trips by state employees. Implementation of these programs will reduce energy consumption, congestion in urban areas, and air and water pollution associated with automobile travel.

      Sec. 11. RCW 70.94.551 and 1997 c 250 s 6 are each amended to read as follows:

      (1) The director of ((general administration, with the concurrence of an interagency task force established for the purposes of this section, shall coordinate a commute trip reduction plan for state agencies which are phase 1 major employers by January 1, 1993)) the department of general administration may coordinate an interagency board for the purpose of developing policies or guidelines that promote consistency among state agency commute trip reduction programs required by RCW 70.94.527 and 70.94.531. The ((task force)) board shall include representatives of the departments of transportation ((and)), ecology, and community, trade, and economic development and such other departments and interested groups as the director of the department of general administration determines to be necessary ((to be generally representative of state agencies. The state agency plan shall be consistent with the requirements of RCW 70.94.527 and 70.94.531 and shall be developed in consultation with state employees, local and regional governments, local transit agencies, the business community, and other interested groups. The plan shall consider and recommend)). Policies and guidelines shall be applicable to all state agencies including but not limited to policies and guidelines regarding parking and parking charges, employee incentives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for car and van pools and guaranteed rides home. The ((plan)) policies and guidelines shall also consider the costs and benefits to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute trip reduction programs. ((The department shall, within thirty days, submit a summary of its plan along with certification of adoption to the commute trip reduction task force established under RCW 70.94.537.))

      (2) ((Not more than three months after the adoption of the commute trip reduction plan, each state agency shall, for each facility which is a major employer, develop a commute trip reduction program. The program shall be designed to meet the goals of the commute trip reduction plan of the county, city, or town or, if there is no local commute trip reduction plan, the state. The program shall be consistent with the policies of the state commute trip reduction plan and RCW 70.94.531. The agency shall submit a description of that program to the local jurisdiction implementing a commute trip reduction plan or, if there is no local commute trip reduction plan, to the department of general administration. The program shall be implemented not more than three months after submission to the department. Annual reports required in RCW 70.94.531(2)(c) shall be submitted to the local jurisdiction implementing a commute trip reduction plan and to the department of general administration. An agency which is not meeting the applicable commute trip reduction goals shall, to the extent possible, modify its program to comply with the recommendations of the local jurisdiction or the department of general administration.

      (3))) State agencies sharing a common location ((may)) in affected urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the department of general administration, develop and implement a joint commute trip reduction program ((or may delegate the development and implementation of the commute trip reduction program to the department of general administration)). The worksite shall be treated as specified in RCW 70.94.531 and 70.94.534.

      (((4))) (3) The department of general administration ((in consultation with the state technical assistance team)) shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the ((team)) department of general administration will work with the agency to modify the program as necessary.

      (((5) For each agency subject to the state agency commute trip reduction plan, the department of general administration in consultation with the technical assistance team shall annually review progress toward meeting the applicable commute trip reduction goals. If it appears an agency is not meeting or is not likely to meet the applicable commute trip reduction goals, the team shall work with the agency to make modifications to the commute trip reduction program.

      (6))) (4) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency director on the performance of the agency's commute trip reduction program as part of the agency's quality management, accountability, and performance system as defined by RCW 43.17.385. The reports shall assess the performance of the program, progress toward state goals established under RCW 70.94.537, and recommendations for improving the program.

      (5) The department of general administration shall review the agency performance reports defined in subsection (4) of this section and submit ((an annual progress)) a biennial report for state agencies subject to ((the state agency commute trip reduction plan to the commute trip reduction task force established under RCW 70.94.537. The report shall be due April 1, 1993, and each April 1st through 2006. The report shall report progress in attaining the applicable commute trip reduction goals for each commute trip reduction zone and shall highlight any problems being encountered in achieving the goals)) this chapter to the governor and incorporate the report in the commute trip reduction board report to the legislature as directed in RCW 70.94.537(6). The report shall include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals established under RCW 70.94.537, and recommendations for improving the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the commute trip reduction ((task force)) board."

      Correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Eide moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6566 and ask the House to recede therefrom.

      Senators Eide spoke in favor of the motion.

MOTION

On motion of Senator Schoesler, Senators Mulliken, Finkbeiner, Pflug, Brandland, Benton, McCaslin, Deccio and Delvin were excused.

MOTION

On motion of Senator Regala, Senators Haugen and Poulsen were excused.

      The President declared the question before the Senate to be motion by Senator Eide that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6566 and ask the House to recede therefrom.

      The motion by Senator Eide carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6566 and asked the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 3, 2006

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6325, with the following amendments{s} 6325-S AMH CLEM MORI 060.

      On page 1, line 5, after "Sec. 1." insert "(1)"

      On page 1, line 8, after "subject matter." insert "The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to residency restrictions for persons convicted of any sex offense at any time."

      On page 1, after line 8, insert:

 "(2) This section does not apply to rules, regulations, codes, statutes, or ordinances adopted by cities, counties, municipalities, or local agencies prior to March 1, 2006, except as required by an order issued by a court of competent jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances.

      (3) This section expires one year after the effective date of this act."

      On page 1, after line 12, insert:

      "NEW SECTION. Sec. 3. (1) The association of Washington cities, working with the cities and towns of Washington state, shall develop statewide standards for cities and towns to consider when determining whether to impose residency restrictions on sex offenders within their jurisdiction.

      (2) The association of Washington cities shall be encouraged to work in consultation with a representative from each of the following agencies and organizations:

      (a) The attorney general of Washington;

      (b) The Washington state association of counties;

      (c) The department of community, trade, and economic development;

      (d) The department of corrections;

      (e) The Washington association of sheriffs and police chiefs; and

      (f) Any other agencies and organizations as deemed appropriate by the association of Washington cities, such as the Washington association of prosecuting attorneys, the juvenile rehabilitation administration of the department of social and health services, the indeterminate sentence review board, the Washington association for the treatment of sexual abusers, and the Washington coalition of sexual assault programs.

      (3) The statewide standards for whether to impose residency restrictions on sex offenders should consider the following elements:

      (a) An identification of areas in which sex offenders should not reside due to concerns regarding public safety and welfare;

      (b) An identification of areas in which sex offenders may reside, taking into consideration factors such as:

      (i) How many housing units must reasonably be available in order to accommodate registered sex offenders in a city or town;

      (ii) The average response time of emergency services to the areas;

      (iii) The proximity of risk potential activities to the areas; and

      (iv) The proximity of medical care, mental health care providers, and sex offender treatment providers to the areas;

      (c) A prohibition against completely precluding sex offender residences within a city or town, implicating a sex offender's right to travel, or enacting a criminal regulatory measure;

      (d) Appropriate civil remedies for violations of a local ordinance; and

      (e) Unique local conditions that should be given due deference, such as proximity to state facilities that house or treat sex offenders.

      (4) The association of Washington cities, on behalf of the cities and towns in Washington, shall present the statewide standards, along with any recommendations and proposed legislation, to the governor and the legislature no later than December 31, 2006."

Correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Regala moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6325 and ask the House to recede therefrom.

      The President declared the question before the Senate to be motion by Senator Regala that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6325 and ask the House to recede therefrom.

      The motion by Senator Regala carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6325 and asked the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 2, 2006

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6362, with the following amendments{s} 6362-S AMH SGOA LEAT 054, 6362-S AMH NIXO LEAT 086, 6362-S AMH NIXO LEAT 072, 6362-S AMH NIXO LEAT 073, 6362-S AMH NIXO LEAT 075, 6362-S AMH NIXO LEAT 076, 6362-S AMH NIXO LEAT 077.

      On page 4, line 27, after "attorney" strike all material through "day" on line 28 and insert "at any time"

      On page 4, line 29, after "day" insert "regarding a voter who presents himself or herself to vote at the poll site"

      On page 2, line 10, after "(3)" strike "Mailing address, if different from the residential address;"

      Renumber the remaining subsections consecutively and correct any internal references accordingly.

      On page 2, after line 20 insert:

      "The residential address provided must identify the actual physical residence of the voter in Washington, as defined in RCW 29A.04.151, with detail sufficient to allow the voter to be assigned to the proper precinct and to locate the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a "traditional address" or a "non-traditional address." A traditional address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by a local government, which serves to identify the parcel or building of residence and the unit if a multi-unit residence. A non-traditional address consists of a narrative description of the location of the voter's residence, and may be used when a traditional address has not been assigned to the voter's residence. If the postal service does not deliver mail to the voter's residential address, or the voter prefers to receive mail at a different address, the voter may separately provide the mailing address at which they receive mail. Any mailing address provided shall be used only for mail delivery purposes and not for precinct assignment or confirmation of residence for voter qualification purposes."

      On page 3, line 1, after "the" strike all material through "residence. ((" on line 3 and insert "county courthouse, city hall, or other public building near the area that the voter considers his or her residence."

      On page 4, beginning on line 8, strike all of subsection (c)through "located" on line 22 and insert the following:

      "(c) The challenged voter does not live at the residential address provided, in which case the challenger must either:

      (i) Provide the challenged voter's actual residence; or

      (ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to learn the challenged voter's actual residence, including that the challenger personally:

      (A) Sent a letter with return receipt requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;

      (B) Visited the residential address provided to contact persons at the address to determine whether the voter resides at the address and, if not, to attempt to obtain the voter's current address;

      (C) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;

      (D) Searched county auditor property records to determine whether the challenged voter owns any property in the county; and

      (E) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state"

      On page 4, line 32, after "belief," insert "having exercised due diligence to personally verify the evidence presented,"

      On page 6, line 12, after "special," insert "or within ten days of the voter being added to the voter registration database, whichever is later,"

      On page 6, line 20, after "made" insert "immediately"

      On page 9, line 10, after "available" insert ". A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has been printed and signed by the challenger for submission"

      On page 1, beginning on line 6, strike all of section 1 and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 29A.08 RCW to read as follows:

 The county auditor shall, within seventy-two hours of receipt, publish on the auditor's internet web site the entire content of any voter challenge filed under chapter 29A.08 RCW. Immediately after publishing any voter challenge, the county auditor shall notify any person who requests to receive such notifications on an ongoing basis."

      On page 7, line 36, after "provide to" strike "each party representative" and insert "any person, upon request,"

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Kohl-Welles moved that the Senate concur in the House amendment(s), but do not concur in the House amendment(s) on page 4, line 8 to Substitute Senate Bill No. 6362.

      Senator Kohl-Welles spoke in favor of the motion.

MOTION

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) on page 4, line 27; page 2, line 10; page 6, line 12; and page 9, line 10 but do not concur in the House amendment(s) to page 4, line 8 to Substitute Senate Bill No. 6362.

The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6362 but do not concur in the House amendment to page 4, line 8 and ask the House to receded therefrom by voice vote.

MOTION

On motion of Senator Honeyford, Senator Parlette was excused.

MESSAGE FROM THE HOUSE

March 6, 2006

MR. PRESIDENT:

The House suspended the rules and returned SENATE BILL NO. 6415 to second reading for purpose of amendment. The House passed the bill with the following amendments{s} 6415 AMH HUDG H5532.1.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.20.130 and 1999 c 6 s 20 are each amended to read as follows:

      (1) The director shall prescribe the content of the driver licensing examination and the manner of conducting the examination, which shall include but is not limited to:

      (a) A test of the applicant's eyesight and ability to see, understand, and follow highway signs regulating, warning, and directing traffic;

      (b) A test of the applicant's knowledge of traffic laws and ability to understand and follow the directives of lawful authority, orally or graphically, that regulate, warn, and direct traffic in accordance with the traffic laws of this state;

      (c) An actual demonstration of the applicant's ability to operate a motor vehicle without jeopardizing the safety of persons or property. If the applicant is deaf or hearing impaired, the applicant may be accompanied by an interpreter to assist the applicant during the demonstration. The interpreter will be of the applicant's choosing from a list provided by the department of licensing; and

      (d) Such further examination as the director deems necessary:

      (i) To determine whether any facts exist that would bar the issuance of a vehicle operator's license under chapters 46.20, 46.21, and 46.29 RCW; and

      (ii) To determine the applicant's fitness to operate a motor vehicle safely on the highways.

      (2) If the applicant desires to drive a motorcycle or a motor-driven cycle he or she must qualify for a motorcycle endorsement under RCW 46.20.500 through 46.20.515.

      NEW SECTION. Sec. 2. This act does not affect the right of state employees to collectively bargain wages, hours, and other terms and conditions of employment under chapter 41.80 RCW."

      Correct the title.

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

Senator Pridemore moved that the Senate concur in the House amendment(s) to Senate Bill No. 6415.

      Senator Pridemore spoke in favor of the motion.

MOTION

The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Senate Bill No. 6415.

The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6415 by voice vote.

The President declared the question before the Senate to be the final passage of Senate Bill No. 6415, as amended by the House.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6415, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senator Jacobsen - 1

      Excused: Senators Finkbeiner, Haugen, Mulliken and Parlette - 4

SENATE BILL NO. 6415, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

March 3, 2006

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6519, with the following amendments{s} 6519-S AMH STRO MORI 059.

      On page 9, line 9, after "level" insert "II or"

      On page 9, line 10, after "registered" strike ", for a period of five years"

      On page 9, beginning on line 12, after "hours." strike all material through "days." on line 15

      On page 20, line 3, after "level" insert "II or"

      On page 20, line 4, after "registered" strike ", for a period of five years"

      On page 20, beginning on line 6, after "hours." strike all material through "days." on line 9

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Hargrove moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6519 and ask the House to recede therefrom.

      Senators Hargrove spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Hargrove that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6519 and ask the House to recede therefrom.

      The motion by Senator Hargrove carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6519 and asked the House to recede therefrom.

MOTION

On motion of Senator Regala, Senator Jacobsen was excused.

MESSAGE FROM THE HOUSE

March 4, 2006

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2416 and asks Senate to recede therefrom.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Jacobsen moved that the Senate recede from its position on the Senate amendment(s) to Substitute House Bill No. 2416.

      Senator Jacobsen spoke in favor of the motion.

      Senator Zarelli spoke against the motion.

      The President declared the question before the Senate to be motion by Senator Jacobsen that the Senate recede from its position on the Senate amendment(s) to Substitute House Bill No. 2416.

      The motion by Senator Jacobsen carried and the Senate receded from its position on the Senate amendment(s) to Substitute House Bill No. 2416.

MOTION

On motion of Senator Jacobsen, the rules were suspended and Substitute House Bill No. 2416 was returned to second reading for the purposes of amendment.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2416, by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives Kessler, Hasegawa, Hunt, Haigh, McIntire, Dunshee, B. Sullivan and Takko)

      Establishing an optional state parks vehicle registration fee. Revised for 1st Substitute: Concerning state park fees.

      The measure was read the second time.

MOTION

      Senator Jacobsen moved that the following striking amendment by Senator Jacobsen be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. 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. 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.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 9, 2006."

      Senators Jacobsen, Oke and Roach spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Jacobsen and Oke to Substitute House Bill No. 2416.

      The motion by Senator Jacobsen carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 79A.05.070; providing an effective date; and declaring an emergency."

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2416 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Oke spoke in favor of passage of the bill.

MOTION

On motion of Senator Schoesler, Senator Benson was excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2416 as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2416 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker and Zarelli - 43

      Voting nay: Senators Jacobsen, Regala, Thibaudeau and Weinstein - 4

      Excused: Senators Haugen and Mulliken - 2

      SUBSTITUTE HOUSE BILL NO. 2416 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced members of the Boys & Girls Club of America who were seated in the gallery.

SIGNED BY THE PRESIDENT

The President signed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1020,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080,

      SUBSTITUTE HOUSE BILL NO. 1107,

      THIRD SUBSTITUTE HOUSE BILL NO. 1226,

      SUBSTITUTE HOUSE BILL NO. 1257,

      SUBSTITUTE HOUSE BILL NO. 1510,

      SUBSTITUTE HOUSE BILL NO. 1650,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850,

      SECOND SUBSTITUTE HOUSE BILL NO. 2002,

      ENGROSSED HOUSE BILL NO. 2322,

      HOUSE BILL NO. 2348,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2353,

      HOUSE BILL NO. 2381,

      SUBSTITUTE HOUSE BILL NO. 2382,

      SUBSTITUTE HOUSE BILL NO. 2384,

      SUBSTITUTE HOUSE BILL NO. 2415,

      SUBSTITUTE HOUSE BILL NO. 2457,

      SUBSTITUTE HOUSE BILL NO. 2471,

      SUBSTITUTE HOUSE BILL NO. 2543,

      SUBSTITUTE HOUSE BILL NO. 2573,

      SUBSTITUTE HOUSE BILL NO. 2596,

      HOUSE BILL NO. 2617,

      ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 2939,

      HOUSE BILL NO. 2972,

      SUBSTITUTE HOUSE BILL NO. 2974,

      HOUSE BILL NO. 2975,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2984,

      SUBSTITUTE HOUSE BILL NO. 2985,

      HOUSE BILL NO. 3139,

      HOUSE BILL NO. 3156,

      SUBSTITUTE HOUSE BILL NO. 3178,

      SUBSTITUTE HOUSE BILL NO. 3182,

      HOUSE BILL NO. 3277,

MESSAGE FROM THE HOUSE

March 4, 2006

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475 and asks Senate to recede therefrom.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator Kohl-Welles moved that the Senate recede from its position on the Senate amendment(s) to Engrossed Substitute House Bill No. 2475.

      Senator Kohl-Welles spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator Kohl-Welles that the Senate recede from its position on the Senate amendment(s) to Engrossed Substitute House Bill No. 2475.

      The motion by Senator Kohl-Welles carried and the Senate receded from its amendments to Engrossed Substitute House Bill No. 2475.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended and Engrossed Substitute House Bill No. 2475 was returned to second reading for the purposes of amendment.

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the rules be suspended and Engrossed Substitute House Bill No. 2475 be returned to second reading for the purposes of amendment.

The motion by Senator Kohl-Welles carried by voice vote.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Williams, Fromhold, Wood, B. Sullivan, Simpson, Sells, Ormsby and Green)

      Requiring collective bargaining regarding hours of work for individual providers.

      The measure was read the second time.

MOTION

      Senator Kohl-Welles moved that the following striking amendment by Senator Kohl-Welles be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 74.39A.270 and 2004 c 3 s 1 are each amended to read as follows:

      (1) Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the public employer, as defined in chapter 41.56 RCW, of individual providers, who, solely for the purposes of collective bargaining, are public employees as defined in chapter 41.56 RCW. To accommodate the role of the state as payor for the community-based services provided under this chapter and to ensure coordination with state employee collective bargaining under chapter 41.80 RCW and the coordination necessary to implement RCW 74.39A.300, the public employer shall be represented for bargaining purposes by the governor or the governor's designee appointed under chapter 41.80 RCW. The governor or governor's designee shall periodically consult with the authority during the collective bargaining process to allow the authority to communicate issues relating to the long-term in-home care services received by consumers. The governor or the governor's designee shall consult the authority on all issues for which the exclusive bargaining representative requests to engage in collective bargaining under subsection (6) of this section. The authority shall work with the developmental disabilities council, the governor's committee on disability issues and employment, the state council on aging, and other consumer advocacy organizations to obtain informed input from consumers on their interests, including impacts on consumer choice, for all issues proposed for collective bargaining under subsection (6) of this section.

      (2) Chapter 41.56 RCW governs the collective bargaining relationship between the governor and individual providers, except as otherwise expressly provided in this chapter and except as follows:

      (a) The only unit appropriate for the purpose of collective bargaining under RCW 41.56.060 is a statewide unit of all individual providers;

      (b) The showing of interest required to request an election under RCW 41.56.060 is ten percent of the unit, and any intervener seeking to appear on the ballot must make the same showing of interest;

      (c) The mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480 apply, except that:

      (i) With respect to commencement of negotiations between the governor and the bargaining representative of individual providers, negotiations shall be commenced by May 1st of any year prior to the year in which an existing collective bargaining agreement expires;

      (ii) With respect to factors to be taken into consideration by an interest arbitration panel, the panel shall consider the financial ability of the state to pay for the compensation and fringe benefit provisions of a collective bargaining agreement; and

      (iii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and fringe benefit provisions of the arbitrated collective bargaining agreement, is not binding on the authority or the state;

      (d) Individual providers do not have the right to strike; and

      (e) Individual providers who are related to, or family members of, consumers or prospective consumers are not, for that reason, exempt from this chapter or chapter 41.56 RCW.

      (3) Individual providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state, its political subdivisions, or an area agency on aging for any purpose. Chapter 41.56 RCW applies only to the governance of the collective bargaining relationship between the employer and individual providers as provided in subsections (1) and (2) of this section.

      (4) Consumers and prospective consumers retain the right to select, hire, supervise the work of, and terminate any individual provider providing services to them. Consumers may elect to receive long-term in-home care services from individual providers who are not referred to them by the authority.

      (5) In implementing and administering this chapter, neither the authority nor any of its contractors may reduce or increase the hours of service for any consumer below or above the amount determined to be necessary under any assessment prepared by the department or an area agency on aging.

      (6) Except as expressly limited in this section and RCW 74.39A.300, the wages, hours, and working conditions of individual providers are determined solely through collective bargaining as provided in this chapter. No agency or department of the state((, other than the authority,)) may establish policies or rules governing the wages or hours of individual providers. However, this subsection does not modify:

      (a) The department's authority to establish a plan of care for each consumer ((and to determine the hours)) or its core responsibility to manage long-term in-home care services under this chapter, including determination of the level of care that each consumer is eligible to receive. However, at the request of the exclusive bargaining representative, the governor or the governor's designee appointed under chapter 41.80 RCW shall engage in collective bargaining, as defined in RCW 41.56.030(4), with the exclusive bargaining representative over how the department's core responsibility affects hours of work for individual providers. This subsection shall not be interpreted to require collective bargaining over an individual consumer's plan of care;

      (b) The department's authority to terminate its contracts with individual providers who are not adequately meeting the needs of a particular consumer, or to deny a contract under RCW 74.39A.095(8);

      (c) The consumer's right to assign hours to one or more individual providers selected by the consumer within the maximum hours determined by his or her plan of care;

      (d) The consumer's right to select, hire, terminate, supervise the work of, and determine the conditions of employment for each individual provider providing services to the consumer under this chapter;

      (e) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any community-based waiver granted by the federal department of health and human services and to ensure federal financial participation in the provision of the services; and

      (f) The legislature's right to make programmatic modifications to the delivery of state services under this title, including standards of eligibility of consumers and individual providers participating in the programs under this title, and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this chapter that does not expressly reserve the legislative rights described in this subsection (6)(f).

      (7)(a) The state, the department, the authority, the area agencies on aging, or their contractors under this chapter may not be held vicariously or jointly liable for the action or inaction of any individual provider or prospective individual provider, whether or not that individual provider or prospective individual provider was included on the authority's referral registry or referred to a consumer or prospective consumer. The existence of a collective bargaining agreement, the placement of an individual provider on the referral registry, or the development or approval of a plan of care for a consumer who chooses to use the services of an individual provider and the provision of case management services to that consumer, by the department or an area agency on aging, does not constitute a special relationship with the consumer.

      (b) The members of the board are immune from any liability resulting from implementation of this chapter.

      (8) Nothing in this section affects the state's responsibility with respect to unemployment insurance for individual providers. However, individual providers are not to be considered, as a result of the state assuming this responsibility, employees of the state.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      Senators Kohl-Welles and Parlette spoke in favor of adoption of the striking amendment.

MOTION

On motion of Senator Regala, Senators Doumit and Jacobsen were excused.

MOTION

On motion of Senator Schoesler, Senator Zarelli was excused.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Kohl-Welles to Engrossed Substitute House Bill No. 2475.

      The motion by Senator Kohl-Welles carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "providers;" strike the remainder of the title and insert "amending RCW 74.39A.270; and declaring an emergency."

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute House Bill No. 2475 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2475 as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2475 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 42

      Voting nay: Senators Deccio, Honeyford and Morton - 3

      Excused: Senators Doumit, Haugen, Mulliken and Zarelli - 4

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2475 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MESSAGE FROM THE HOUSE

March 4, 2006

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3098 and asks Senate to recede therefrom.

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

      Senator McAuliffe moved that the Senate recede from its position on the Senate amendment(s) to Engrossed Second Substitute House Bill No. 3098.

      Senator McAuliffe spoke in favor of the motion.

      The President declared the question before the Senate to be motion by Senator McAuliffe that the Senate recede from its position on the Senate amendment(s) to Engrossed Second Substitute House Bill No. 3098.

      The motion by Senator McAuliffe carried and the Senate receded from its position on the Senate amendment(s) to Engrossed Second Substitute House Bill No. 3098.

MOTION

On motion of Senator McAuliffe, the rules were suspended and Engrossed Second Substitute House Bill No. 3098 was returned to second reading for the purposes of amendment.

SECOND READING

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3098, by House Committee on Capital Budget (originally sponsored by Representatives McDermott, Talcott and Quall)

      Transferring duties of the reconstituted state board of education.

      The measure was read the second time.

MOTION

Senator McAuliffe moved that the following amendment by Senator McAuliffe to the committee striking amendment be adopted.

      On page 99, beginning on line 30 of the amendment, after ";" strike all material through "(5)))" on line 31, and insert "and

      (((5)))"

      Beginning on page 99, line 37 of the amendment, after "28A.645.030" strike all material through "subsection" on page 100, line 8

      On page 100, beginning on line 9 of the amendment, strike all of section 905 and insert the following:

      "NEW SECTION. Sec. 905. A new section is added to chapter 28A.600 RCW to read as follows:

      By July 1, 2006, the Washington interscholastic activities association shall establish a nine-person appeals committee to address appeals of noneligibility issues. The committee shall be comprised of the secretary from each of the activity districts of the Washington interscholastic activities association. The committee shall begin hearing appeals by July 1, 2006. No committee member may participate in the appeal process if the member was involved in the activity that was the basis of the appeal. A decision of the appeals committee may be appealed to the executive board of the association."

      Senator McAuliffe spoke in favor of adoption of the amendment to the committee striking amendment.

MOTION

      On motion of Senator Schoesler, Senators Benton and Parlette were excused.

REMARKS BY THE PRESIDENT

President Owen: “The President needs to explain the situation that we're in right now. You receded from the amendment, the striking amendment and the amendment. That Senator McAuliffe has offered is to that striking amendment, to do what you want to accomplish. So, in fact, since you did recede from the striking amendment we need to reintroduce it and then amend it with this. You do not have it on your desk. If any member wishes to have that passed out we will do that. Otherwise, we will move forward at this time with the adoption of striking amendment. Senator McAuliffe, did you wish to move adoption of that striking amendment?”

MOTION

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.

       Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1 In 2005, the legislature reconstituted the state board of education to refocus its purpose; abolished the academic achievement and accountability commission; and assigned policy and rule-making authority for educator preparation and certification to the professional educator standards board. The purpose of this act is to address the remaining statutory responsibilities of the state board of education held before 2005. The legislature finds that some duties should be retained with the reconstituted board; many duties should be transferred to other agencies or organizations, primarily but not exclusively to the superintendent of public instruction; and some duties should be repealed. This act also corrects statutes to implement fully the transfer of responsibilities authorized in 2005.

PART 1

NEW STATE BOARD OF EDUCATION

      NEW SECTION. Sec. 101 The legislature encourages the members of the new state board of education to review the transfer of duties from the state board to other entities made in this act and if any of the duties that were transferred away from the state board are necessary for the board to accomplish the purpose set out in this act then the state board shall come back to the legislature to request those necessary duties to be returned to the state board of education. The state board of education is encouraged to make such a request by January 15, 2007.

      Sec. 102 RCW 28A.305.130 and 2005 c 497 s 104 are each amended to read as follows: The purpose of the state board of education is to ((adopt statewide policies that promote achievement of the goals of RCW 28A.150.210; implement a standards-based accountability system; and provide leadership in the creation of an education system that respects the diverse cultures, abilities, and learning styles of all students))provide advocacy and strategic oversight of public education; implement a standards-based accountability system to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:

      (1) ((Until January 1, 2006, approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

      (2) Until January 1, 2006, conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

      (3) Until January 1, 2006, investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

      (4) Until January 1, 2006:

      (a) Adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter; and

      (b) Require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

      (5) Until January 1, 2006, supervise the issuance of such certificates as provided for in subsection (1) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.410.010.

      (6))) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business((.));

      (((7))) (2) Form committees as necessary to effectively and efficiently conduct the work of the board((.));

      (((8))) (3) Seek advice from the public and interested parties regarding the work of the board((.));

      (((9))) (4) For purposes of statewide accountability((, the board shall)):

      (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;

      (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;

      (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

      (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature and by the board under (a) of this subsection;

      (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

      (iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index. When determining the baseline year or years for recognizing individual schools, the board may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

      (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;

      (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the board or the superintendent of public instruction to intervene in a school or school district;

      (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;

      (g) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and

      (h) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board((.));

      (((10))) (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, allprivate schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no ((public or)) private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials((: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

      (11) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

      (12) Prepare such outline of study for the common schools as the board shall deem necessary, and in conformance with legislative requirements, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

      (13) Continuously reevaluate courses and other requirements and adopt and enforce regulations within the common schools so as to meet the educational needs of students.

      (14) Evaluate course of study requirements and));

      (6) Articulate with the institutions of higher education, work force representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system((.));

      (((15) Carry out board powers and duties relating to the organization and reorganization of school districts.

      (16) Hear and decide appeals as otherwise provided by law.

      (17) Promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

      (18))) (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW((.)); and

      (((19))) (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.

      Sec. 103 RCW 28A.305.035 and 2005 c 497 s 103 are each amended to read as follows:   (1) By October 15th of each even-numbered year, the state board of education and the professional educator standards board shall submit a joint report to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals in RCW 28A.150.210.

      (2) The state board of education shall include the chairs and ranking minority members of the legislative education committees in board communications so that the legislature can be kept apprised of the discussions and proposed actions of the board.

      Sec. 104 RCW 28A.300.040 and 2005 c 360 s 6 are each amended to read as follows:

      In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

      (1) To have supervision over all matters pertaining to the public schools of the state;

      (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;

      (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;

      (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials;

      (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount;

      (6) ((To act as ex officio member and the chief executive officer of the state board of education;

      (7))) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;

      (((8))) (7) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager,or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;

      (((9))) (8) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;

      (((10))) (9) To issue certificates as provided by law;

      (((11))) (10) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;

      (((12))) (11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;

      (((13))) (12) To administer oaths and affirmations in the discharge of the superintendent's official duties;

      (((14))) (13) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;

      (((15))) (14) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;

      (((16))) (15) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes;

      (((17))) (16) To perform such other duties as may be required by law.

      Sec. 105 RCW 28A.305.011 and 2005 c 497 s 101 are each amended to read as follows:

      (1) The membership of the state board of education shall be composed of sixteen members who are residents of the state of Washington:

      (a) Seven shall be members representing the educational system, as follows:

      (i) Five members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington;

      (ii) One member elected at-large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010; and

      (iii) The superintendent of public instruction;

      (b) Seven members appointed by the governor; and

      (c) Two students selected in a manner determined by the state board of education.

      (2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As the terms of the first appointees expire or vacancies on the board occur, the governor shall appoint or reappoint members of the board to complete the initial terms or to four-year terms, as appropriate.

      (a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board.

      (b) In appointing board members, the governor shall consider the diversity of the population of the state.

      (c) All appointments to the board made by the governor are subject to confirmation by the senate.

      (d) No person may serve as a member of the board, except the superintendent of public instruction, for more than two consecutive full four-year terms.

      (3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.

      (4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board shall serve a term of two years, and may be reelected to an additional term. A member of the board may not serve as chair for more than two consecutive terms.

      (b) Eight voting members of the board constitute a quorum for the transaction of business.

      (c) All members except the student members are voting members.

      (5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW ((43.03.240)) 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.

PART 2

BASIC EDUCATION ACT RESPONSIBILITIES

      Sec. 201 RCW 28A.150.230 and 1994 c 245 s 9 are each amended to read as follows:

      (1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

      (2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to:

      (a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum;

      (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs;

      (c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules ((and regulations)) of the state board of education;

      (d) Determine the allocation of staff time, whether certificated or classified;

      (e) Establish final curriculum standards consistent with law and rules ((and regulations of the state board of education)) of the superintendent of public instruction, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and

      (f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

      Sec. 202 RCW 28A.505.140 and 1990 c 33 s 422 are each amended to read as follows:

      (1) Notwithstanding any other provision of law, the superintendent of public instruction ((is hereby directed to promulgate)) shall adoptsuch rules ((and regulations)) as will ((insure)) ensure proper budgetary procedures and practices, including monthly financial statements consistent with the provisions of RCW 43.09.200, and this chapter.

      (2) If the superintendent of public instruction determines upon a review of the budget of any district that said budget does not comply with the budget procedures established by this chapter or by rules ((and regulations promulgated)) adopted by the superintendent of public instruction, or the provisions of RCW 43.09.200, the superintendent shall give written notice of this determination to the board of directors of the local school district.

      (3) The local school district, notwithstanding any other provision of law, shall, within thirty days from the date the superintendent of public instruction issues a notice pursuant to subsection (2) of this section, submit a revised budget which meets the requirements of RCW 43.09.200, this chapter, and the rules ((and regulations)) of the superintendent of public instruction((: PROVIDED, That if the district fails or refuses to submit a revised budget which in the determination of the superintendent of public instruction meets the requirements of RCW 43.09.200, this chapter, and the rules and regulations of the superintendent of public instruction, the matter shall be submitted to the state board of education, which board shall meet and adopt a financial plan which shall be in effect until a budget can be adopted and submitted by the district in compliance with this section)).

      NEW SECTION. Sec. 203 (1) As the governor's steering committee for the comprehensive education study created under chapter 496, Laws of 2005 continues the study of the state funding of public education in Washington and makes final recommendations, the legislature strongly encourages the steering committee to carefully examine whether the use of inputs, such as the number of instructional hours, the number of instructional days, and student/teacher ratios, is the most efficient and effective funding system that is oriented toward student achievement and whether any changes to the current method of allocating funds can be created to implement the intent of education reform that all children can learn.

      (2) This section expires July 1, 2007.

PART 3

SCHOOL FACILITIES AND ORGANIZATION

      Sec. 301 RCW 28A.525.020 and 1969 ex.s. c 223 s 28A.47.060 are each amended to read as follows:

      The ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall have the power and ((it shall be its)) duty (1) to prescribe rules ((and regulations)) governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school plant facilities; (2) to approve allotments to districts that apply for state assistance whenever ((the board deems)) such action is advisable ((and in so doing to give due consideration to the findings, reports, and recommendations of the superintendent of public instruction pertaining thereto)); (3) to authorize the payment of approved allotments by warrant of the state treasurer; and (4) in the event that the amount of state assistance applied for exceeds the funds available for such assistance during any biennium, to make allotments on the basis of the urgency of need for school facilities in the districts that apply for assistance and/or to prorate allotments among such districts in conformity with applicable procedures and ((regulations applicable thereto which shall be established by the state board)) rules.

      Sec. 302 RCW 28A.525.030 and 1995 c 77 s 23 are each amended to read as follows:

      Whenever funds are appropriated for modernization of existing school facilities, the ((state board of education)) superintendent of public instruction is authorized to approve the use of such funds for modernization of existing facilities, modernization being limited to major structural changes in such facilities and, as necessary to bring such facilities into compliance with the barrier free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act, both major and minor structural changes, and may include as incidental thereto the replacement of fixtures, fittings, furnishings and service systems of a building in order to bring it up to a contemporary state consistent with the needs of changing educational programs. The allocation of such funds shall be made upon the same basis as funds used for the financing of a new school plant project utilized for a similar purpose.

      Sec. 303 RCW 28A.525.050 and 1969 ex.s. c 223 s 28A.47.080 are each amended to read as follows:

      All applications by school districts for state assistance in providing school plant facilities shall be made to the superintendent of public instruction ((in conformity with rules and regulations which shall be prescribed by the state board of education)). Studies and surveys shall be conducted by the ((aforesaid officer)) superintendentfor the purpose of securing information relating to (1) the kind and extent of the school plant facilities required and the urgency of need for such facilities in districts that seek state assistance, (2) the ability of such districts to provide capital outlay funds by local effort, (3) the need for improvement of school administrative units and school attendance areas among or within such districts, and (4) any other pertinent matters. Recommendations respecting action on the ((aforesaid)) applications shall be submitted to the ((state board of education by the)) superintendent of public instruction ((together with such reports of the findings, studies, and surveys made by said officer as may be required by the state board)).

      Sec. 304 RCW 28A.525.055 and 1994 c 219 s 11 are each amended to read as follows:

      The ((state board of education,)) rules adopted by the superintendent of public instruction for ((purposes of)) determining eligibility for state assistance for new construction((,)) shall ((adopt rules excluding)) exclude from the inventory of available educational space those spaces that have been constructed for educational and community activities from grants received from other public or private entities.

      Sec. 305 RCW 28A.525.070 and 1985 c 136 s 1 are each amended to read as follows:

      The superintendent of public instruction shall furnish (((1))) to school districts seeking state assistance consultatory and advisory service in connection with the development of school building programs and the planning of school plant facilities for such district((, and (2) to the state board of education such service as may be required by the board in the exercise of the powers and the performance of the duties vested in and required to be performed by the board)).

      Sec. 306 RCW 28A.525.080 and 1969 ex.s. c 223 s 28A.47.120 are each amended to read as follows:

      Insofar as is permissible under acts of congress, funds made available by the federal government for the purpose of assisting school districts in providing school plant facilities shall be made available to such districts in conformity with rules ((and regulations which))that the ((state board of education)) superintendent, considering policy recommendations from the school facilities citizen advisory panel, shall establish.

      Sec. 307 RCW 28A.525.090 and 1999 c 313 s 2 are each amended to read as follows:

      (1) The ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall adopt rules for appropriate use of the following construction management techniques: Value engineering, constructibility review, building commissioning, and construction management. Rules adopted under this section shall:

      (a) Define each technique as it applies to school buildings;

      (b) Describe the scope of work for each technique;

      (c) Define the timing for implementing each technique in the construction process;

      (d) Determine the appropriate size of projects for the use of each technique; and

      (e) Determine standards for qualification and performance for each technique.

      (2) Except as provided in rules adopted under subsection (1)(d) of this section, in allocating state moneys provided under this chapter, the ((state board of education)) superintendent of public instructionshall include in funding for each project, at the state matching percentage, the cost of each of the construction management techniques listed in subsection (1) of this section.

      (3) When assigning priority and allocating state funds for construction of common school facilities, the ((state board of education)) superintendent shall consider the adequacy of the construction management techniques used by a district and the compliance with the rules adopted under subsection (1) of this section.

      (4) Except as provided in rules adopted under subsection (1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each project submitted for approval by the ((state board of education)) superintendent.

      (5)(a) School districts applying for state assistance for school facilities shall:

      (i) Cause value engineering, constructibility review, and building commissioning to be performed by contract with a professional firm specializing in those construction management techniques; and

      (ii) Contract or employ personnel to perform professional construction management.

      (b) All recommendations from the value engineering and constructibility review construction techniques for a school project shall be presented to the school district's board of directors for acceptance or rejection. If the board of directors rejects a recommendation it shall provide a statement explaining the reasons for rejecting the recommendation and include the statement in the application for state assistance to the ((state board of education))superintendent of public instruction.

      (6) The office of the superintendent of public instruction shall provide:

      (a) An information and training program for school districts on the use of the construction management techniques; and

      (b) Consulting services to districts on the benefits and best uses of these construction management techniques.

      NEW SECTION. Sec. 308 A new section is added to chapter 28A.525 RCW to read as follows:

      (1) To maintain citizen oversight on issues pertaining to school facilities and funding for school construction, a school facilities citizen advisory panel shall be created by the state board of education. The panel shall advise and make recommendations to the superintendent of public instruction regarding school facilities, funding for school construction, joint planning and financing of educational facilities, facility plans and programs for nonhigh school districts, and determinations of remote and necessary schools.

      (2) The membership of the school facilities citizen advisory panel shall be as follows:

      (a) One member of the state board of education;

      (b) Two school district directors representing school districts of various sizes and geographic locations, who are appointed by the state board of education and selected from a list of five names submitted to the board by the Washington state school directors' association; and

      (c) Four additional citizen members appointed by the state board of education.

      (3) Members of the panel shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

      (4) In addition to the school facilities citizen advisory panel, the superintendent of public instruction may convene a technical advisory group including representatives from school business officers, building and construction contracting and trade organizations, architecture and engineering organizations, and other organizations with expertise in school facilities.

      Sec. 309 RCW 28A.525.162 and 1995 c 77 s 24 are each amended to read as follows:

      (1) Funds appropriated to the ((state board of education))superintendent of public instruction from the common school construction fund shall be allotted by the ((state board of education))superintendent of public instruction in accordance with student enrollment and the provisions of RCW 28A.525.200.

      (2) No allotment shall be made to a school district until such district has provided matching funds equal to or greater than the difference between the total approved project cost and the amount of state assistance to the district for financing the project computed pursuant to RCW 28A.525.166, with the following exceptions:

      (a) The ((state board)) superintendent of public instruction may waive the matching requirement for districts which have provided funds for school building construction purposes through the authorization of bonds or through the authorization of excess tax levies or both in an amount equivalent to two and one-half percent of the value of its taxable property, as defined in RCW 39.36.015.

      (b) No such matching funds shall be required as a condition to the allotment of funds for the purpose of making major or minor structural changes to existing school facilities in order to bring such facilities into compliance with the barrier free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act.

      (3) For the purpose of computing the state matching percentage under RCW 28A.525.166 when a school district is granted authority to enter into contracts, adjusted valuation per pupil shall be calculated using headcount student enrollments from the most recent October enrollment reports submitted by districts to the superintendent of public instruction, adjusted as follows:

      (a) In the case of projects for which local bonds were approved after May 11, 1989:

      (i) For districts which have been designated as serving high school districts under RCW 28A.540.110, students residing in the nonhigh district so designating shall be excluded from the enrollment count if the student is enrolled in any grade level not offered by the nonhigh district;

      (ii) The enrollment of nonhigh school districts shall be increased by the number of students residing within the district who are enrolled in a serving high school district so designated by the nonhigh school district under RCW 28A.540.110, including only students who are enrolled in grade levels not offered by the nonhigh school district; and

      (iii) The number of preschool students with disabilities included in the enrollment count shall be multiplied by one-half;

      (b) In the case of construction or modernization of high school facilities in districts serving students from nonhigh school districts, the adjusted valuation per pupil shall be computed using the combined adjusted valuations and enrollments of each district, each weighted by the percentage of the district's resident high school students served by the high school district; and

      (c) The number of kindergarten students included in the enrollment count shall be multiplied by one-half.

      (4) The ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, shall prescribe ((and make effective)) such rules as are necessary to equate insofar as possible the efforts made by school districts to provide capital funds by the means aforesaid.

      (5) For the purposes of this section, "preschool students with disabilities" means developmentally disabled children of preschool age who are entitled to services under RCW 28A.155.010 through 28A.155.100 and are not included in the kindergarten enrollment count of the district.

      Sec. 310 RCW 28A.525.164 and 1990 c 33 s 456 are each amended to read as follows:

      In allotting the state funds provided by RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180, the ((state board of education)) superintendent of public instruction shall:

      (1) Prescribe rules ((and regulations)) not inconsistent with RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180governing the administration, control, terms, conditions, and disbursement of allotments to school districts to assist them in providing school plant facilities;

      (2) Approve((, whenever the board deems such action advisable,)) allotments to districts that apply for state assistance;

      (3) Authorize the payment of approved allotments by warrant of the state treasurer; and

      (4) In the event that the amount of state assistance applied for pursuant to the provisions hereof exceeds the funds available for such assistance during any biennium, make allotments on the basis of the urgency of need for school facilities in the districts that apply for assistance or prorate allotments among such districts in conformity with ((procedures and regulations)) applicable ((thereto which shall be established by the board)) rules.

      Sec. 311 RCW 28A.525.166 and 1997 c 369 s 9 are each amended to read as follows:

      Allocations to school districts of state funds provided by RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180shall be made by the ((state board of education)) superintendent of public instruction and the amount of state assistance to a school district in financing a school plant project shall be determined in the following manner:

      (1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may include the cost of acquiring and preparing the site, the cost of constructing the building or of acquiring a building and preparing the same for school use, the cost of necessary equipment, taxes chargeable to the project, necessary architects' fees, and a reasonable amount for contingencies and for other necessary incidental expenses: PROVIDED, That the total cost of the project shall be subject to review and approval by the ((state board of education)) superintendent.

      (2) The state matching percentage for a school district shall be computed by the following formula:

      The ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil shall be subtracted from three, and then the result of the foregoing shall be divided by three plus (the ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil).

      PROVIDED, That in the event the percentage of state assistance to any school district based on the above formula is less than twenty percent and such school district is otherwise eligible for state assistance under RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180, the ((state board of education)) superintendent may establish for such district a percentage of state assistance not in excess of twenty percent of the approved cost of the project, if the ((state board)) superintendent finds that such additional assistance is necessary to provide minimum facilities for housing the pupils of the district.

      (3) In addition to the computed percent of state assistance developed in subsection (2) ((above)) of this section, a school district shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed percent of state assistance for each percent of growth, with a maximum of twenty percent.

      (4) The approved cost of the project determined in the manner ((herein)) prescribed ((times)) in this section multiplied by the percentage of state assistance derived as provided for ((herein)) in this section shall be the amount of state assistance to the district for the financing of the project: PROVIDED, That need therefor has been established to the satisfaction of the ((state board of education)) superintendent: PROVIDED, FURTHER, That additional state assistance may be allowed if it is found by the ((state board of education)) superintendent, considering policy recommendations from the school facilities citizen advisory panel that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions similarly emergent in nature; or (b) a special school housing burden resulting from industrial projects of statewide significance or imposed by virtue of the admission of nonresident students into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in the capital funds of the district resulting from financing, subsequent to April 1, 1969, and without benefit of the state assistance provided by prior state assistance programs, the construction of a needed school building project or projects approved in conformity with the requirements of such programs, after having first applied for and been denied state assistance because of the inadequacy of state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students live in state owned housing, or (e) a need for the construction of a school building to provide for improved school district organization or racial balance, or (f) conditions similar to those defined under (a), (b), (c), (d), and (e) ((hereinabove)) of this subsection, creating a like emergency.

      Sec. 312 RCW 28A.525.168 and 1990 c 33 s 458 are each amended to read as follows:

      Whenever the voters of a school district authorize the issuance of bonds and/or the levying of excess taxes in an amount sufficient to meet the requirements of RCW 28A.525.162 respecting eligibility for state assistance in providing school facilities, the taxable valuation of the district and the percentage of state assistance in providing school facilities prevailing at the time of such authorization shall be the valuation and the percentage used for the purpose of determining the eligibility of the district for an allotment of state funds and the amount or amounts of such allotments, respectively, for all projects for which the voters authorize capital funds as aforesaid, unless a higher percentage of state assistance prevails on the date that state funds for assistance in financing a project are allotted by the ((state board of education)) superintendent of public instruction in which case the percentage prevailing on the date of allotment by the ((state board)) superintendent of funds for each project shall govern: PROVIDED, That if the ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, determines at any time that there has been undue or unwarranted delay on the part of school district authorities in advancing a project to the point of readiness for an allotment of state funds, the taxable valuation of the school district and the percentage of state assistance prevailing on the date that the allotment is made shall be used for the purposes aforesaid: PROVIDED, FURTHER, That the date ((herein)) specified in this section as applicable in determining the eligibility of an individual school district for state assistance and in determining the amount of such assistance shall be applicable also to cases where it is necessary in administering chapter 28A.540 RCW to determine eligibility for and the amount of state assistance for a group of school districts considered as a single school administrative unit.

      Sec. 313 RCW 28A.525.170 and 1990 c 33 s 459 are each amended to read as follows:

      If a school district which has qualified for an allotment of state funds under the provisions of RCW ((28A.525.160 through 28A.525.182))28A.525.162 through 28A.525.180 for school building construction is found by the ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, to have a school housing emergency requiring an allotment of state funds in excess of the amount allocable under RCW 28A.525.166, an additional allotment may be made to such district: PROVIDED, That the total amount allotted shall not exceed ninety percent of the total cost of the approved project which may include the cost of the site and equipment. At any time thereafter when the ((state board of education)) superintendent finds that the financial position of such school district has improved through an increase in its taxable valuation or through retirement of bonded indebtedness or through a reduction in school housing requirements, or for any combination of these reasons, the amount of such additional allotment, or any part of such amount as the ((state board of education)) superintendent determines, shall be deducted, under terms and conditions prescribed by the ((board)) superintendent, from any state school building construction funds which might otherwise be provided to such district.

      Sec. 314 RCW 28A.525.172 and 1969 ex.s. c 244 s 7 are each amended to read as follows:

      All applications by school districts for state assistance in providing school plant facilities shall be made to the superintendent of public instruction in conformity with rules ((and regulations which shall be prescribed)) adopted by the ((state board of education))superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel. Studies and surveys shall be conducted by the ((state board))superintendent for the purpose of securing information relating to (a) the kind and extent of the school plant facilities required and the urgency of need for such facilities in districts that seek state assistance, (b) the ability of such districts to provide capital funds by local effort, (c) the need for improvement of school administrative units and school attendance areas among or within such districts, and (d) any other pertinent matters.

      Sec. 315 RCW 28A.525.174 and 1990 c 33 s 460 are each amended to read as follows:

      It shall be the duty of the ((state board of education))superintendent of public instruction, in consultation with the Washington state department of ((social and)) health ((services)), to prepare a manual and/or to specify other materials for the information and guidance of local school district authorities and others responsible for and concerned with the designing, planning, maintenance and operation of school plant facilities for the public schools. In so doing due consideration shall be given to the presentation of information regarding (((a))) (1) the need for cooperative state-local district action in planning school plant facilities arising out of the cooperative plan for financing said facilities provided for in RCW ((28A.525.160 through 28A.525.182; (b))) 28A.525.162 through 28A.525.180; (2) procedures in inaugurating and conducting a school plant planning program for a school district; (((c))) (3) standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the health, safety, and educational well-being and development of school children will be served; (((d))) (4) the planning of readily expansible and flexible school buildings to meet the requirements of an increasing school population and a constantly changing educational program; (((e))) (5) an acceptable school building maintenance program and the necessity therefor; (((f))) (6) the relationship of an efficient school building operations service to the health and educational progress of pupils; and (((g))) (7) any other matters regarded by the ((state board)) superintendent as pertinent or related to the purposes and requirements of RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180.

      Sec. 316 RCW 28A.525.176 and 1990 c 33 s 461 are each amended to read as follows:

      The ((state board of education)) superintendent of public instruction shall furnish to school districts seeking state assistance under the provisions of RCW ((28A.525.160 through 28A.525.182))28A.525.162 through 28A.525.180 consultatory and advisory service in connection with the development of school building programs and the planning of school plant facilities.

      Sec. 317 RCW 28A.525.178 and 1990 c 33 s 462 are each amended to read as follows:

      ((Whenever in the judgment of the state board of education)) Wheneconomies may be ((effected)) affected without impairing the usefulness and adequacy of school buildings, ((said board)) the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, may prescribe rules ((and regulations)) and establish procedures governing the preparation and use of modifiable basic or standard plans for school building construction projects for which state assistance funds provided by RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180 are allotted.

      Sec. 318 RCW 28A.525.180 and 1990 c 33 s 463 are each amended to read as follows:

      The total amount of funds appropriated under the provisions of RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180shall be reduced by the amount of federal funds made available during each biennium for school construction purposes under any applicable federal law. The funds appropriated by RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180 and available for allotment by the ((state board of education)) superintendent of public instruction shall be reduced by the amount of such federal funds made available. Notwithstanding the foregoing provisions of this section, the total amount of funds appropriated by RCW ((28A.525.160 through 28A.525.182)) 28A.525.162 through 28A.525.180 shall not be reduced by reason of any grants to any school district of federal moneys paid under Public Law No. 815 or any other federal act authorizing school building construction assistance to federally affected areas.

      Sec. 319 RCW 28A.525.190 and 1975 1st ex.s. c 98 s 2 are each amended to read as follows:

      The ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel shall prioritize the construction of common school facilities only from funds appropriated and available in the common school construction fund.

      Sec. 320 RCW 28A.525.200 and 1990 c 33 s 465 are each amended to read as follows:

      Notwithstanding any other provision of RCW 28A.525.010 through 28A.525.222, the allocation and distribution of funds by the ((state board of education which are now or may hereafter be appropriated))superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, for the purposes of providing assistance in the construction of school plant facilities shall be governed by ((RCW 28A.525.010 through 28A.525.080 and 28A.525.162 through 28A.525.178)) this chapter.

      Sec. 321 RCW 28A.525.216 and 1990 c 33 s 467 are each amended to read as follows:

      The proceeds from the sale of the bonds deposited under RCW 28A.525.214 in the common school construction fund shall be administered by the ((state board of education)) superintendent of public instruction.

      Sec. 322 RCW 28A.150.260 and 1997 c 13 s 2 are each amended to read as follows:

      The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

      (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:

      (a) Certificated instructional staff and their related costs;

      (b) Certificated administrative staff and their related costs;

      (c) Classified staff and their related costs;

      (d) Nonsalary costs;

      (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under section 308 of this act, and small high schools, including costs of additional certificated and classified staff; and

      (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

      (2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

      (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

      (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 and 28A.150.100. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

      (3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.

      (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

      Sec. 323 RCW 28A.335.160 and 1995 c 335 s 604 are each amended to read as follows:

      Any school district may cooperate with one or more school districts in the joint financing, planning, construction, equipping and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing plan involving the construction of school plant facilities must be approved by the ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under section 308 of this act, pursuant to such rules ((as may now or hereafter be promulgated)) adopted relating to state approval of school construction.

      Sec. 324 RCW 28A.540.050 and 1990 c 33 s 485 are each amended to read as follows:

      Subsequent to the holding of a hearing or hearings as provided in RCW 28A.540.040, the regional committee on school district organization shall determine the nonhigh school districts to be included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the ((state board of education)) superintendent of public instruction together with such maps and other materials pertaining thereto as the ((state board))superintendent may require. The ((state board)) superintendent, considering policy recommendations from the school facilities citizen advisory panel under section 308 of this act, shall review such plan, shall approve any plan which in ((its)) his or her judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the regional committee of such action. Upon receipt by the regional committee of such notification, the educational service district superintendent, or his or her designee, shall notify the board of directors of each school district included in the plan, supplying each board with complete details of the plan and shall state the total amount of funds to be provided and the amount to be provided by each district.

      If any such plan submitted by a regional committee is not approved by the ((state board)) superintendent of public instruction, the regional committee shall be so notified, which notification shall contain a statement of reasons therefor and suggestions for revision. Within sixty days thereafter the regional committee shall submit to the ((state board)) superintendent a revised plan which revision shall be subject to approval or disapproval by the ((state board))superintendent, considering policy recommendations from the school facilities citizen advisory panel, and the procedural requirements and provisions of law applicable to an original plan submitted to ((said board)) the superintendent.

      NEW SECTION. Sec. 325 A new section is added to chapter 28A.545 RCW to read as follows:

      The superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under section 308 of this act, shall adopt rules governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established, the district must obtain prior approval of the superintendent of public instruction.

      Sec. 326 RCW 28A.150.530 and 2005 c 12 s 7 are each amended to read as follows:

      (1) In adopting implementation rules, ((the state board of education, in consultation with)) the superintendent of public instruction ((and)), in consultation with the department of general administration, shall review and modify the current requirement for an energy conservation report review by the department of general administration as provided in WAC 180-27-075.

      (2) In adopting implementation rules, ((the state board of education, in consultation with)) the superintendent of public instruction shall:

      (a) Review and modify the current requirements for value engineering, ((constructability)) constructibility review, and building commissioning as provided in WAC 180-27-080;

      (b) Review private and public utility providers' capacity and financial/technical assistance programs for affected public school districts to monitor and report utility consumption for purposes of reporting to the superintendent of public instruction as provided in RCW 39.35D.040;

      (c) Coordinate with the department of general administration, the state board of health, the department of ecology, federal agencies, and other affected agencies as appropriate in their consideration of rules to implement this section.

      Sec. 327 RCW 28A.335.210 and 2005 c 36 s 1 are each amended to read as follows:

      The ((state board of education and)) superintendent of public instruction shall allocate, as a nondeductible item, out of any moneys appropriated for state assistance to school districts for the original construction of any school plant facility the amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed in accordance with Article IX, sections 2 and 3 of the state Constitution on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. The Washington state arts commission shall, in consultation with the superintendent of public instruction, determine the amount to be made available for the purchase of works of art under this section, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the superintendent of public instruction and representatives of school district boards of directors. The superintendent of public instruction and the school district board of directors of the districts where the sites are selected shall have the right to:

      (1) Waive its use of the one-half of one percent of the appropriation for the acquisition of works of art before the selection process by the Washington state arts commission;

      (2) Appoint a representative to the body established by the Washington state arts commission to be part of the selection process with full voting rights;

      (3) Reject the results of the selection process;

      (4) Reject the placement of a completed work or works of art on school district premises if such works are portable.

      Rejection at any point before or after the selection process shall not cause the loss of or otherwise endanger state construction funds available to the local school district. Any works of art rejected under this section shall be applied to the provision of works of art under this chapter, at the discretion of the Washington state arts commission, notwithstanding any contract or agreement between the affected school district and the artist involved. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided ((herein)) in this section shall be used to provide for the administration, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, or other buildings of a temporary nature.

      The executive director of the arts commission, the superintendent of public instruction, and the Washington state school directors association shall appoint a study group to review the operations of the one-half of one percent for works of art under this section.

      Sec. 328 RCW 28A.335.230 and 1987 c 112 s 1 are each amended to read as follows:

      School districts shall be required to lease for a reasonable fee vacant school plant facilities from a contiguous school district wherever possible.

      No school district with unhoused students may be eligible for the state matching funds for the construction of school plant facilities if:

      (1) The school district contiguous to the school district applying for the state matching percentage has vacant school plant facilities;

      (2) The superintendent of public instruction ((and the state board of education have)) has determined the vacant school plant facilities available in the contiguous district will fulfill the needs of the applicant district in housing unhoused students. In determining whether the contiguous district school plant facilities meet the needs of the applicant district, consideration shall be given, but not limited to the geographic location of the vacant facilities as they relate to the applicant district; and

      (3) A lease of the vacant school plant facilities can be negotiated.

      Sec. 329 RCW 28A.540.070 and 1990 c 33 s 486 are each amended to read as follows:

      In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.540.060 is not approved by the voters of a nonhigh school district a second election thereon shall be held within sixty days thereafter. If the vote of the electors of the nonhigh school district is again in the negative, the high school students residing therein shall not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the school year during which the second election is held: PROVIDED, That in any such case the regional committee on school district organization shall determine within thirty days after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are to be located or to some other district where its students can attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the regional committee and action thereon as required by law the board of directors of the high school district shall continue to admit high school students residing in the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by a regional committee shall be subject to the procedural requirements of this chapter respecting a public hearing and submission to and approval by the ((state board of education)) superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under section 308 of this act. Upon approval by the ((state board)) superintendent of public instruction of any such proposal, the educational service district superintendent shall make an order, establishing the annexation.

      Sec. 330 RCW 39.35D.020 and 2005 c 12 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) "Department" means the department of general administration.

      (2) "High-performance public buildings" means high-performance public buildings designed, constructed, and certified to a standard as identified in this chapter.

      (3) "Institutions of higher education" means the state universities, the regional universities, The Evergreen State College, the community colleges, and the technical colleges.

      (4) "LEED silver standard" means the United States green building council leadership in energy and environmental design green building rating standard, referred to as silver standard.

      (5)(a) "Major facility project" means: (i) A construction project larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code; or (ii) a building renovation project when the cost is greater than fifty percent of the assessed value and the project is larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code.

      (b) "Major facility project" does not include: (i) Projects for which the department, public school district, or other applicable agency and the design team determine the LEED silver standard or the Washington sustainable school design protocol to be not practicable; or (ii) transmitter buildings, pumping stations, hospitals, research facilities primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods, or other similar building types as determined by the department. When the LEED silver standard is determined to be not practicable for a project, then it must be determined if any LEED standard is practicable for the project. If LEED standards or the Washington sustainable school design protocol are not followed for the project, the public school district or public agency shall report these reasons to the department.

      (6) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.

      (7) "Public school district" means a school district eligible to receive state basic education moneys pursuant to RCW 28A.150.250 and 28A.150.260.

      (8) "Washington sustainable school design protocol" means the school design protocol and related information developed by the ((state board of education and the)) office of the superintendent of public instruction, in conjunction with school districts and the school facilities advisory board.

      Sec. 331 RCW 39.35D.040 and 2005 c 12 s 4 are each amended to read as follows:

      (1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washington sustainable school design protocol standards exist for the type of building or facility, this subsection applies to major facility projects that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two school districts.

      (2) Public school districts under this section shall: (a) Monitor and document appropriate operating benefits and savings resulting from major facility projects designed and constructed as required under this section for a minimum of five years following local board acceptance of a project receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each report must be mutually developed by the office of the superintendent of public instruction in consultation with school districts.

      (3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the superintendent of public instruction shall also report on the implementation of this chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(5)(b). The superintendent of public instruction shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.

      (4) The ((state board of education, in consultation with the)) superintendent of public instruction((,)) shall develop and issue guidelines for administering this chapter for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying compliance with the LEED silver standard or the Washington sustainable school design protocol.

      (5) The superintendent of public instruction shall utilize the school facilities advisory board as a high-performance buildings advisory committee comprised of affected public schools, ((the state board of education,)) the superintendent of public instruction, the department, and others at the superintendent of public instruction's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the superintendent of public instruction ((and the state board of education)) implement this chapter.

      Sec. 332 RCW 39.35D.060 and 2005 c 12 s 6 are each amended to read as follows:

      (1)(a) The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter for public agencies. The purpose of the guidelines is to define a procedure and method for employing and verifying activities necessary for certification to at least the LEED silver standard for major facility projects.

      (b) The department and the office of the superintendent of public instruction shall amend their fee schedules for architectural and engineering services to accommodate the requirements in the design of major facility projects under this chapter.

      (c) The department and the office of the superintendent of public instruction shall procure architecture and engineering services consistent with chapter 39.80 RCW.

      (d) Major facility projects designed to meet standards identified in this chapter must include building commissioning as a critical cost-saving part of the construction process. This process includes input from the project design and construction teams and the project ownership representatives.

      (e) As provided in the request for proposals for construction services, the operating agency shall hold a preproposal conference for prospective bidders to discuss compliance with and achievement of standards identified in this chapter for prospective respondents.

      (2) The department shall create a high-performance buildings advisory committee comprised of representatives from the design and construction industry involved in public works contracting, personnel from the affected public agencies responsible for overseeing public works projects, ((the state board of education,)) the office of the superintendent of public instruction, and others at the department's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this chapter.

      (3) The department and the ((state board of education)) office of the superintendent of public instruction shall adopt rules to implement this section.

      Sec. 333 RCW 79.17.100 and 2003 c 334 s 322 are each amended to read as follows:

      Except as otherwise provided in RCW 79.17.110, upon the application of a school district or any institution of higher education for the purchase or lease of lands granted to the state by the United States, the department may offer such land for sale or lease to such school district or institution of higher education in such acreage as it may determine, consideration being given upon application of a school district to school site criteria established by the ((state board of education)) superintendent of public instruction. However, in the event the department thereafter proposes to offer such land for sale or lease at public auction, such school district or institution of higher education shall have a preference right for six months from notice of such proposal to purchase or lease such land at the appraised value determined by the board.

      Sec. 334 RCW 79.17.120 and 2003 c 334 s 438 are each amended to read as follows:

      The purchases authorized under RCW 79.17.110 shall be classified as for the construction of common school plant facilities under RCW 28A.525.010 through 28A.525.222 and shall be payable out of the common school construction fund as otherwise provided for in RCW 28A.515.320 if the school district involved was under emergency school construction classification as established by the ((state board of education))superintendent of public instruction at any time during the period of its lease of state lands.

      NEW SECTION. Sec. 335 The following sections are each decodified:

      RCW 28A.525.120

      RCW 28A.525.122

      RCW 28A.525.124

      RCW 28A.525.126

      RCW 28A.525.128

      RCW 28A.525.130

      RCW 28A.525.132

      RCW 28A.525.134

      RCW 28A.525.140

      RCW 28A.525.142

      RCW 28A.525.144

      RCW 28A.525.146

      RCW 28A.525.148

      RCW 28A.525.150

      RCW 28A.525.152

      RCW 28A.525.154

      RCW 28A.525.156

      RCW 28A.525.158

      RCW 28A.525.160

      RCW 28A.525.182

PART 4

COURSES OF STUDY AND EDUCATIONAL PROGRAMS

      Sec. 401 RCW 28A.305.220 and 2004 c 19 s 108 are each amended to read as follows:

      (1) The ((state board of education)) superintendent of public instruction, in consultation with the higher education coordinating board, the state board for community and technical colleges, and the work force training and education coordinating board, shall develop for use by all public school districts a standardized high school transcript. The ((state board of education)) superintendent shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.

      (2) The standardized high school transcript shall include the following information:

      (a) The highest scale score and level achieved in each content area on the high school Washington assessment of student learning or other high school measures successfully completed by the student as provided by RCW 28A.655.061 and 28A.155.045;

      (b) All scholar designations as provided by RCW 28A.655.061;

      (c) A notation of whether the student has earned a certificate of individual achievement or a certificate of academic achievement by means of the Washington assessment of student learning or by an alternative assessment.

      (3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.

      Sec. 402 RCW 28A.230.100 and 1991 c 116 s 8 are each amended to read as follows:

      The ((state board of education)) superintendent of public instruction, in consultation with the higher education coordinating board, the state board for community and technical colleges, and the work force training and education coordinating board, shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW 28A.230.090. The rules shall include, as the ((state board)) superintendent deems necessary, granting equivalencies for and temporary exemptions from the course requirements in RCW 28A.230.090 and special alterations of the course requirements in RCW 28A.230.090. In developing such rules the ((state board)) superintendent shall recognize the relevance of vocational and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation in RCW 28A.230.090. The rules may include provisions for competency testing in lieu of such courses required for graduation in RCW 28A.230.090 or demonstration of specific skill proficiency or understanding of concepts through work or experience.

      Sec. 403 RCW 28A.230.170 and 1985 c 341 s 1 are each amended to read as follows:

      The study of the Constitution of the United States and the Constitution of the state of Washington shall be a condition prerequisite to graduation from the public and private high schools of this state. The ((state board of education acting upon the advice of the)) superintendent of public instruction shall provide by rule ((or regulation)) for the implementation of this section.

      NEW SECTION. Sec. 404 The state board of education, in consultation with the state board for community and technical colleges, shall examine the statutory authority, rules, and jurisdiction between the K-12 and postsecondary education systems regarding the general educational development test and adult education. The board shall make recommendations for change or clarification to the education committees of the legislature by January 15, 2007.

      NEW SECTION. Sec. 405 (1) The state board of education shall develop and propose a revised definition of the purpose and expectations for high school diplomas issued by public schools in Washington state. The revised definition shall address whether attainment of a high school diploma is intended to signify that a student is ready for success in college, ready for successful and gainful employment in the workplace, or some combination of these and other objectives. The revised definition shall focus on the knowledge, skills, and abilities that students are expected to demonstrate to receive a high school diploma, as well as the various methods to be used to measure student performance, rather than focusing on courses, credits, seat time, and test scores.

      (2) In developing the revised definition of the high school diploma, the state board of education shall consult with educators, parents, institutions of higher education, employers, and community leaders. The board shall also work with the state board for community and technical colleges, the higher education coordinating board, and the work force training and education coordinating board.

      (3) The state board of education shall submit the proposed revised definition of the high school diploma, along with any necessary revisions to state statutes and rules, to the education committees of the legislature by December 1, 2007.

      Sec. 406 RCW 28A.305.170 and 2002 c 291 s 3 are each amended to read as follows:

      (1) In addition to any other powers and duties as provided by law, the ((state board of education)) superintendent of public instruction, in consultation with the military department, shall adopt rules governing and authorizing the acceptance of national guard high school career training and the national guard youth challenge program in lieu of either required high school credits or elective high school credits.

      (2) With the exception of students enrolled in the national guard youth challenge program, students enrolled in such national guard programs shall be considered enrolled in the common school last attended preceding enrollment in such national guard program.

      (3) The ((board)) superintendent shall adopt rules to ensure that students who successfully complete the national guard youth challenge program are granted an appropriate number of high school credits, based on the students' levels of academic proficiency as measured by the program.

      Sec. 407 RCW 28A.230.130 and 2003 c 49 s 2 are each amended to read as follows:

      (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050.

      (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may:

      (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and

      (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs.

      (((3) The state board of education, upon request from local school districts, may grant waivers from the requirements to provide the program described in subsections (1) and (2) of this section for reasons relating to school district size and the availability of staff authorized to teach subjects which must be provided. In considering waiver requests related to programs in subsection (2) of this section, the state board of education shall consider the extent to which the school district has offered such programs before the 2003-04 school year.))

      Sec. 408 RCW 28A.205.010 and 2005 c 497 s 214 are each amended to read as follows:

      (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

      "Education center" means any private school operated on a profit or nonprofit basis which does the following:

      (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

      (b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

      (c) Conducts courses of instruction by professionally trained personnel certificated by the Washington professional educator standards board according to rules adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or private school.

      (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting ((of the common schools)) or the approval of private schools under RCW 28A.305.130.

      (3) The ((state board of education)) superintendent of public instruction shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program. Such certification may be withdrawn if the ((board)) superintendent finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the ((state board of education)) superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.

      Sec. 409 RCW 28A.205.070 and 1993 c 211 s 6 are each amended to read as follows:

      In allocating funds appropriated for education centers, the superintendent of public instruction shall:

      (1) Place priority upon stability and adequacy of funding for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2).

      (2) Initiate and maintain a competitive review process to select new or expanded center programs in unserved or underserved areas. The criteria for review of competitive proposals for new or expanded education center services shall include but not be limited to:

      (a) The proposing organization shall have obtained certification from the ((state board of education)) superintendent of public instruction as provided in RCW 28A.205.010;

      (b) The cost-effectiveness of the proposal; and

      (c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.

      (3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall consider factors including but not limited to:

      (a) The proportion and total number of dropouts unserved by existing center programs, if any;

      (b) The availability within the geographic area of programs other than education centers which address the basic educational needs of dropouts; and

      (c) Waiting lists or other evidence of demand for expanded education center programs.

      (4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the center's ability to operate at minimally acceptable levels of service. In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the center to continue operation.

      (5) In the event that an additional center or centers become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional center or centers to operate at minimally acceptable levels of service without reducing the funds available to previously funded centers, the superintendent shall not provide funding for such additional center or centers from such appropriation.

      Sec. 410 RCW 28A.215.010 and 1995 c 335 s 104 are each amended to read as follows:

      The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, rules, and regulations governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities shall meet the minimum standard for such preschools as established by the United Statesdepartment of health, education and welfare, or its successor agency, and the ((state board of education)) superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

      Sec. 411 RCW 28A.215.020 and 1995 c 335 s 308 are each amended to read as follows:

      Expenditures under federal funds and/ or state appropriations made to carry out the purposes of RCW 28A.215.010 through 28A.215.050 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The ((state board of education))superintendent of public instruction shall make necessary rules ((and regulations)) to carry out the purpose of RCW 28A.215.010. After being notified by the office of the governor that there is an agency or department responsible for early learning, the superintendent shall consult with that agency when establishing relevant rules.

      Sec. 412 RCW 28A.205.040 and 1999 c 348 s 4 are each amended to read as follows:

      (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule.

      (b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect. ((An education center may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision.)) The administration of any general education development test shall not be a part of such initial diagnostic procedure.

      (c) Reimbursements shall not be made for students who are absent.

      (d) No center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

      (2) Payments shall be made from available funds first to those centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

      (3) To be eligible for such payment, every such center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

      (4) If total funds for this purpose approach depletion, the superintendent shall notify the centers of the date after which further funds for reimbursement of the centers' services will be exhausted.

      Sec. 413 RCW 28A.215.140 and 1988 c 174 s 5 are each amended to read as follows:

      The department shall establish an advisory committee composed of interested parents and representatives from ((the state board of education,)) the office of the superintendent of public instruction, the division of children and family services within the department of social and health services, early childhood education and development staff preparation programs, the head start programs, school districts, and such other community and business organizations as deemed necessary by the department to assist with the establishment of the preschool program and advise the department on matters regarding the on-going promotion and operation of the program.

      Sec. 414 RCW 28A.230.020 and 1991 c 116 s 6 are each amended to read as follows:

      All common schools shall give instruction in reading, penmanship, orthography, written and mental arithmetic, geography, the history of the United States, English grammar, physiology and hygiene with special reference to the effects of alcohol and drug abuse on the human system, science with special reference to the environment, and such other studies as may be prescribed by rule ((or regulation)) of the ((state board of education)) superintendent of public instruction. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of sexually transmitted diseases, and the worth of kindness to all living creatures and the land. The prevention of child abuse may be offered as part of the curriculum in the common schools.

      Sec. 415 RCW 28A.230.040 and 1984 c 52 s 1 are each amended to read as follows:

      Every pupil attending grades one through eight of the public schools shall receive instruction in physical education as prescribed by rule ((or regulation)) of the ((state board of education))superintendent of public instruction: PROVIDED, That individual pupils or students may be excused on account of physical disability, religious belief, or participation in directed athletics.

      Sec. 416 RCW 28A.230.050 and 1985 c 384 s 3 are each amended to read as follows:

      All high schools of the state shall emphasize the work of physical education, and carry into effect all physical education requirements established by rule ((or regulation)) of the ((state board of education)) superintendent of public instruction: PROVIDED, That individual students may be excused from participating in physical education otherwise required under this section on account of physical disability, employment, or religious belief, or because of participation in directed athletics or military science and tactics or for other good cause.

      Sec. 417 RCW 28A.330.100 and 1995 c 335 s 503 and 1995 c 77 s 22 are each reenacted and amended to read as follows:

      Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:

      (1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her((;)), and to fix his or her duties and compensation((.));

      (2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation((.));

      (3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation((.));

      (4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation((.));

      (5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the ((state board of education)) superintendent of public instruction for the use of the common schools of this state((.));

      (6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of youth with disabilities, as in the judgment of the board, best shall promote the interests of education in the district((.));

      (7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools((.));

      (8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof((.));

      (9) To provide free textbooks and supplies for all children attending school((.));

      (10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary((.));

      (11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts((.)); and

      (12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

      NEW SECTION. Sec. 418 RCW 28A.305.220 is recodified as a new section in chapter 28A.230 RCW.

      NEW SECTION. Sec. 419 RCW 28A.305.170 is recodified as a new section in chapter 28A.300 RCW.

PART 5

SCHOOL DISTRICT BOUNDARIES

      Sec. 501 RCW 28A.315.175 and 1999 c 315 s 302 are each amended to read as follows:

      ((The powers and duties of the state board with respect to this chapter shall be)) The superintendent of public instruction shall:

      (1) ((To)) Aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts((.)); and

\     (2) ((To hear appeals as provided in RCW 28A.315.205)) Carry out powers and duties of the superintendent of public instruction relating to the organization and reorganization of school districts.

      Sec. 502 RCW 28A.315.195 and 2003 c 413 s 2 are each amended to read as follows:

      (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:

      (a) Signed by at least fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or

      (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.

      (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.

      (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.

      (4) The ((state board)) superintendent of public instruction may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

      (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:

      (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;

      (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;

      (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory;

      (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and

      (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.

      (6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.

      (7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.

      (8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.

      (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.

      (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose.

      Sec. 503 RCW 28A.315.205 and 2003 c 413 s 1 are each amended to read as follows:

      (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8).

      (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.

      (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the ((state board)) superintendent of public instruction under chapter 34.05 RCW.

      (4) ((State board)) The rules under subsection (3) of this section shall provide for giving consideration to all of the following:

      (a) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;

      (b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well-being;

      (c) The history and relationship of the property affected to the students and communities affected, including, for example, inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;

      (d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and

      (e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.

      (5)(a)(i) A petitioner or school district may appeal a decision by the regional committee to the ((state board)) superintendent of public instruction based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee. The appeal shall be heard and determined by an administrative law judge in the office of administrative hearings, based on the standards in (a)(ii) of this subsection.

      (ii) If the ((state board)) administrative law judge finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, ((it)) the administrative law judge shall refer the matter back to the regional committee with an explanation of ((the board's)) his or her findings. The regional committee shall rehear the proposal.

      (iii) If the ((state board)) administrative law judge finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.

      (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570.

      Sec. 504 RCW 28A.315.015 and 1999 c 315 s 101 are each amended to read as follows:

      (1) It is the purpose of this chapter to:

      (a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:

      (i) The formation and establishment of new school districts;

      (ii) The alteration of the boundaries of existing districts; and

      (iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and

      (b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.

      (2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:

      (a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;

      (b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;

      (c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;

      (d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and

      (e) Other criteria or considerations as may be established in rule by the ((state board of education)) superintendent of public instruction.

      (3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.

      Sec. 505 RCW 28A.315.025 and 1990 c 33 s 293 are each amended to read as follows:

      As used in this chapter:

      (1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them.

      (2) "Regional committee" means the regional committee on school district organization created by this chapter.

      (3) (("State board" means the state board of education.

      (4))) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors.

      (((5))) (4) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee.

      Sec. 506 RCW 28A.315.055 and 1999 c 315 s 203 are each amended to read as follows:

      In case the boundaries of any of the school districts are conflicting or incorrectly described, the educational service district board of directors, after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete transcript of boundaries of all districts affected, such action to the ((state board)) superintendent of public instruction for ((its)) approval or revision. Upon receipt of notification of ((state board)) action by the superintendent of public instruction, the educational service district superintendent shall transmit to the county legislative authority of the county or counties in which the affected districts are located a complete transcript of the boundaries of all districts affected.

      Sec. 507 RCW 28A.315.085 and 2005 c 497 s 405 are each amended to read as follows:

      (1) The superintendent of public instruction shall furnish ((to the state board and)) to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter ((and)). Membersshall be reimbursed ((the members thereof)) for expenses necessarily incurred by them in the performance of their duties((, such reimbursement for regional committee members to be)) in accordance with RCW 28A.315.155((, and such reimbursement for state board members to be in accordance with RCW 28A.305.011)).

      (2) Costs that may be incurred by an educational service district in association with school district negotiations under RCW 28A.315.195 and supporting the regional committee under RCW 28A.315.205 shall be reimbursed by the state from such funds as are appropriated for these purposes.

      Sec. 508 RCW 28A.315.125 and 1993 c 416 s 2 are each amended to read as follows:

      The members of each regional committee shall be elected in the following manner:

      (1) On or before the 25th day of September, 1994, and not later than the 25th day of September of every subsequent even-numbered year, each superintendent of an educational service district shall call an election to be held in each educational service district within which resides a member of a regional committee whose term of office expires on the second Monday of January next following, and shall give written notice thereof to each member of the board of directors of each school district in the educational service district. Such notice shall include instructions, and the rules ((and regulations)) established by the ((state board of education)) superintendent of public instructionfor the conduct of the election. The ((state board of education))superintendent of public instruction is ((hereby)) empowered to adopt rules pursuant to chapter 34.05 RCW which establish standards and procedures which the ((state board)) superintendent deems necessary to conduct elections pursuant to this section; to conduct run-off elections in the event an election for a position is indecisive; and to decide run-off elections which result in tie votes, in a fair and orderly manner.

      (2) Candidates for membership on a regional committee shall file a declaration of candidacy with the superintendent of the educational service district wherein they reside. Declarations of candidacy may be filed by person or by mail not earlier than the 1st day of October, and not later than the 15th day of October of each even-numbered year. The superintendent may not accept any declaration of candidacy that is not on file in his or her office or not postmarked before the 16th day of October, or if not postmarked or the postmark is not legible, if received by mail after the 20th day of October of each even-numbered year.

      (3) Each member of the regional committee shall be elected by a majority of the votes cast for all candidates for the position by the members of the boards of directors of school districts in the educational service district. All votes shall be cast by mail ballot addressed to the superintendent of the educational service district wherein the school director resides. No votes shall be accepted for counting if postmarked after the 16th day of November or if not postmarked or the postmark is not legible, if received by mail after the 21st day of November of each even-numbered year. An election board comprised of three persons appointed by the board of the educational service district shall count and tally the votes not later than the 25th day of November or the next business day if the 25th falls on a Saturday, Sunday, or legal holiday of each even-numbered year. Each vote cast by a school director shall be recorded as one vote. Within ten days following the count of votes, the educational service district superintendent shall certify to the superintendent of public instruction the name or names of the person(s) elected to be members of the regional committee.

      (4) In the event of a change in the number of educational service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW a new regional committee shall be elected for each affected educational service district at the next election conducted pursuant to this section. Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts or board members shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new board has been elected and certified.

      (5) No member of a regional committee shall continue to serve thereon if he or she ceases to be a registered voter of the educational service district board member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee.

      Sec. 509 RCW 28A.315.185 and 1999 c 315 s 303 are each amended to read as follows:

      To the extent funds are appropriated, the superintendent of public instruction, in cooperation with the educational service districts and the Washington state school directors' association, shall conduct an annual training meeting for the regional committees, ((state board members,)) educational service district superintendents, and local school district superintendents and boards of directors. Training may also be provided upon request.