SIXTIETH LEGISLATURE - REGULAR SESSION





NINETY SECOND DAY





House Chamber, Olympia, Monday, April 9, 2007


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


       The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Bridget Hahn and Isaiah Sneed. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Reverend Brian Wiele, River Ride Covenant Church, Olympia.


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


RESOLUTION


       HOUSE RESOLUTION NO. 2007-4639, by Representatives Morris and Quall


       WHEREAS, Imogene Bowen was born to Oscar Washington and Gertrude Martin Washington on April 9, 1935, in Sauk, Washington; and

       WHEREAS, Imogene's great grandfather was a well-known Upper Skagit Tribal religious leader and her grandfather served as a Bishop of the Northwest Indian Shaker Church; and

       WHEREAS, Imogene graduated from: Chemawa Indian Boarding School in 1953 as her class valedictorian; Antioch School of Law in 1978 with her paralegal degree; Skagit Valley College with an associate of arts degree; and Western Washington University with honors in 1987 with a bachelor's degree in political science; and

       WHEREAS, Public service became the heart of Imogene's work as shown in her positions as: Prosecutor for Skagit Systems Cooperative; member of the Upper Skagit Tribal Council; founding member of the Board of the Cascade Inter-Tribal Housing Authority; elected delegate to the Democratic National Convention; Chair of the Skagit Valley Democratic Party, delegate to the International Peace Education Conference; president of the Washington State Rainbow Coalition; member of the Board of the Washington Wildlife and Recreation Coalition; member of the Governor's "Citizen Cabinet" from 1992 to 1996; and member of the Board of Skagit County Youthnet; and

       WHEREAS, Imogene was an avid advocate for peace, racial understanding, workers' rights, and environmental protection; and


       WHEREAS, Imogene received the award as a member of the Skagit Valley College Hall of Fame for Distinguished Alumni in recognition of her achievements; and

       WHEREAS, On January 5, 2007, Imogene Bowen passed away in her Mount Vernon home at age 71 surrounded by her children, grandchildren, and many friends; and

       WHEREAS, Tribute is due to Imogene Bowen for her caring spirit, outstanding public service, and her tireless effort on behalf of those without a political voice;

       NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor Imogene Bowen for her contributions to all Washingtonians and the state itself; and

       BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to members of the Bowen family and the Upper Skagit Tribal Council.


       HOUSE RESOLUTION NO. 4639 was adopted.


MESSAGES FROM THE SENATE

April 6, 2007

Mr. Speaker:


       The Senate has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1497,

HOUSE BILL NO. 1549,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1649,

HOUSE BILL NO. 1676,

SUBSTITUTE HOUSE BILL NO. 2361,

and the same are herewith transmitted.

Thomas Hoemann, Secretary


April 6, 2007

Mr. Speaker:


       The President has signed:

SUBSTITUTE SENATE BILL NO. 5039,

SENATE BILL NO. 5042,

SUBSTITUTE SENATE BILL NO. 5052,

SUBSTITUTE SENATE BILL NO. 5228,

SENATE BILL NO. 5247,

ENGROSSED SENATE BILL NO. 5251,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5292,

SENATE BILL NO. 5313,

SENATE BILL NO. 5389,

SUBSTITUTE SENATE BILL NO. 5391,

SUBSTITUTE SENATE BILL NO. 5443,

SUBSTITUTE SENATE BILL NO. 5461,

SUBSTITUTE SENATE BILL NO. 5463,

SENATE BILL NO. 5468,

SUBSTITUTE SENATE BILL NO. 5511,

SENATE BILL NO. 5607,

SENATE BILL NO. 5640,

SENATE BILL NO. 5711,

SENATE BILL NO. 5732,

SUBSTITUTE SENATE BILL NO. 5827,

SUBSTITUTE SENATE BILL NO. 5839,

SUBSTITUTE SENATE BILL NO. 5895,

SUBSTITUTE SENATE BILL NO. 5910,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5920,

ENGROSSED SENATE BILL NO. 6018,

SENATE BILL NO. 6059,

SENATE BILL NO. 6075,

and the same are herewith transmitted.

Thomas Hoemann, Secretary


       There being no objection, the House advanced to the sixth order of business.


SECOND READING


       SUBSTITUTE SENATE BILL NO. 5320, by Senate Committee on Judiciary (originally sponsored by Senators Franklin, McCaslin, Kline, Stevens, Prentice, Parlette, Regala, Hargrove, Rasmussen, Murray, Jacobsen, Hewitt, Keiser and Roach)


       Creating an office of public guardianship as an independent agency of the judiciary.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendment. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Alexander moved the adoption of amendment (546) to the committee amendment:


        On page 1, line 28 of the amendment, after "guardianship" strike "as an independent agency of the judicial branch." and insert "within the administrative office of the courts."


        On page 3, line 34 of the amendment, strike all of subsection (10)


        Renumber the remaining sections consecutively.


       Representatives Alexander and Lantz spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.



       Representatives Lantz and Rodne spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5320, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5320, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5320, as amended by the House, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


       I intended to vote NAY on SUBSTITUTE SENATE BILL NO. 5320.

JIM DUNN, 17th District


SECOND READING


       SECOND SUBSTITUTE SENATE BILL NO. 5652, by Senate Committee on Ways & Means (originally sponsored by Senators Kauffman, Kastama, Kilmer, Brown, Berkey, Rockefeller, Keiser and Shin)


       Establishing the microenterprise development program.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendment. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Linville moved the adoption of amendment (586) to the committee amendment:


        On page 4, beginning on line 1 of the amendment, after "require" strike all material through "specifies;" on line 3 and insert "under its contract with the statewide microenterprise association an annual accounting of program outcomes, including job creation, access to capital, leveraging of nonstate funds, and other outcome measures specified by the department. By January 1, 2012, the joint legislative audit and review committee shall use these outcome data and other relevant information to evaluate the program's effectiveness;"


       Representative Linville spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       Representative Bailey moved the adoption of amendment (590) to the committee amendment:


        On page 4, beginning on line 1 of the amendment, after "Shall" strike all material through "specifies;" on line 3 and insert "provide an accounting of program expenditures and outcomes, including job creation, access to capital, leveraging of nonstate funds, and other relevant outcome measures, to the joint legislative audit and review committee by September 30, 2008. By November 30, 2008, the committee shall use these outcome data and other relevant information to evaluate the program's effectiveness and to recommend to the legislature the program's continuation in the 2009-11 biennium, its continuation only with specified changes, or its termination on June 30, 2009;"


       Representative Bailey spoke in favor of the adoption of the amendment to the committee amendment.


       Representative Pettigrew spoke against the adoption of the amendment to the committee amendment


       The amendment to the committee amendment was not adopted.


       The committee amendment as amended was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Pettigrew and Bailey spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5652, as amended by the House.


ROLL CALL



       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5652, as amended by the House, and the bill passed the House by the following vote: Yeas - 83, Nays - 15, Absent - 0, Excused - 0.

       Voting yea: Representatives Alexander, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Conway, Curtis, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 83.

       Voting nay: Representatives Ahern, Anderson, Condotta, Crouse, Dunn, Hailey, Kretz, Kristiansen, Orcutt, Pearson, Roach, Rodne, Ross, Schindler and Sump - 15.


       SECOND SUBSTITUTE SENATE BILL NO. 5652, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5926, by Senators Kohl-Welles, Clements, Kastama, Weinstein, Fairley, Keiser, Marr, Tom, Murray, Oemig, Sheldon and Kline


       Creating a joint legislative task force to review the underground economy in the construction industry.


       The bill was read the second time.


       Representative Conway moved the adoption of amendment (570):


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that some current estimates place the percentage of unreported employment in Washington state's construction industry at between twenty percent and fifty percent, although solid data on this phenomenon is not readily available in Washington. The legislature also finds that unreported construction employment may result in the loss of a worker's employment rights and protections, including workers' compensation and unemployment insurance compensation. The legislature further finds that unreported construction employment also could deny the state the revenues it is due, including sales taxes, business and occupation taxes, and other business fees paid to the state. The legislature declares that the underground economy in this state may permit unfair conditions to exist against persons working in the construction industry who do follow the employment laws and appropriately pay taxes. It is the legislature's intent to determine the extent and potential costs to the state of the underground economy in the construction industry.


        NEW SECTION. Sec. 2. (1) The joint legislative task force on the underground economy in the Washington state construction industry is established. For purposes of this section, "underground economy" means contracting and construction activities in which payroll is unreported or underreported with consequent nonpayment of payroll taxes to federal and state agencies including nonpayment of workers' compensation and unemployment compensation taxes.

        (2) The purpose of the task force is to formulate a state policy to establish cohesion and transparency between state agencies so as to increase the oversight and regulation of the underground economy practices in the construction industry in this state. To assist the task force in achieving this goal and to determine the extent of and projected costs to the state and workers of the underground economy in the construction industry, the task force shall contract with the institute for public policy, or, if the institute is unavailable, another entity with expertise capable of providing such assistance.

        (3)(a) The task force shall consist of the following members:

        (i) The chair and ranking minority member of the senate labor, commerce, research and development committee;

        (ii) The chair and ranking minority member of the house of representatives commerce and labor committee;

        (iii) Four members representing the construction business, selected from nominations submitted by statewide construction business organizations and appointed jointly by the president of the senate and the speaker of the house of representatives;

        (iv) Four members representing construction laborers, selected from nominations submitted by statewide labor organizations and appointed jointly by the president of the senate and the speaker of the house of representatives.

        (b) In addition, the employment security department, the department of labor and industries, and the department of revenue shall cooperate with the task force and shall each maintain a liaison representative, who is a nonvoting member of the task force. The departments shall cooperate with the task force and the institute for public policy, or other entity as appropriate, and shall provide information and data as the task force or the institute, or other entity as appropriate, may reasonably request.

        (c) The task force shall choose its chair or cochairs from among its legislative membership. The chairs of the senate labor, commerce, research and development committee and the house of representatives commerce and labor committee shall convene the initial meeting of the task force.

        (4)(a) The task force shall use legislative facilities and staff support shall be provided by senate committee services and the house of representatives office of program research. Within available funding, the task force may hire additional staff with specific technical expertise if such expertise is necessary to carry out the mandates of this study.

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

        (c) The expenses of the task force will be paid jointly by the senate and house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.

        (5) The task force shall report its findings and recommendations to the legislature by January 1, 2008.

        (6) This section expires July 1, 2008.



        NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."


        Correct the title.


       Representatives Conway and Condotta spoke in favor of the adoption of the amendment.


       The amendment was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Conway and Condotta spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5926, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5926, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SENATE BILL NO. 5926, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE JOINT MEMORIAL NO. 8012, by Senate Committee on Government Operations & Elections (originally sponsored by Senators Brown, Hewitt, Franklin, Fraser, Oemig, Kline, Kilmer, Swecker, Hobbs, Hatfield, Marr, Spanel, Regala, Kohl-Welles, Berkey, Pridemore, Rasmussen, McAuliffe, Sheldon and Shin)


       Requesting the Washington Air and Army National Guard not be federalized.


       The joint memorial was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.


       Representatives Seaquist and Rodne spoke in favor of passage of the joint memorial.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Joint Memorial No. 8012.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Joint Memorial No. 8012 and the joint memorial passed the House by the following vote: Yeas - 82, Nays - 16, Absent - 0, Excused - 0.

       Voting yea: Representatives Alexander, Anderson, Appleton, Bailey, Barlow, Blake, Buri, Campbell, Chase, Clibborn, Cody, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roberts, Rodne, Rolfes, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 82.

       Voting nay: Representatives Ahern, Armstrong, Chandler, Condotta, Curtis, Dunn, Hailey, Haler, Hinkle, Kristiansen, Orcutt, Roach, Ross, Strow, Sump and Warnick - 16.


       SUBSTITUTE SENATE JOINT MEMORIAL NO. 8012, having received the necessary constitutional majority, was declared passed.


       SECOND SUBSTITUTE SENATE BILL NO. 5092, by Senate Committee on Ways & Means (originally sponsored by Senators Marr, Brown, Kilmer, Kauffman, Murray, Shin and Rasmussen; by request of Governor Gregoire)


       Revising provisions for contracts with associate development organizations for economic development services.


       The bill was read the second time.



       There being no objection, the committee amendment by the Committee on Appropriations was not adopted. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Kenney moved the adoption of amendment (591):


        Strike everything after the enacting clause and insert the following:


        "NEW SECTION. Sec. 1. The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes.


        Sec. 2. RCW 43.330.080 and 1997 c 60 s 1 are each amended to read as follows:

        (((1))) The department shall contract with county-designated associate development organizations ((or other local organizations)) to increase the support for and coordination of community and economic development services in communities or regional areas. The organizations contracted with in each community or regional area shall be broadly representative of community and economic interests. The organization shall be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall work with and include local governments, local chambers of commerce, ((private industry)) workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups. The ((department shall be responsible for determining the)) scope of services delivered under these contracts((.

        (2) Associate development organizations or other local development organizations contracted with shall promote and coordinate, through local service agreements with local governments, small business development centers, port districts, community and technical colleges, private industry councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.

        (3) The department shall consult with associate development organizations, port districts, local governments, and other local development organizations in the establishment of service delivery regions throughout the state. The legislature encourages local associate development organizations to form partnerships with other associate development organizations in their region to combine resources for better access to available services, to encourage regional delivery of state services, and to build the local capacity of communities in the region more effectively.

        (4) The department shall contract on a regional basis for surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the sufficiency of the organization's or consortium's proposal to examine key sectors of the local economy within its region adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors. Organizations contracting with the department shall work closely with the department to examine the local economy and to develop strategies to focus on developing key sectors that show potential for long-term sustainable growth. The contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing needs, availability of financing, and other appropriate information about economic trends and specific employer and employee needs in the region.

        (5))) shall include two broad areas of work:

         (1) Direct assistance, including business planning, to companies who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance includes:

        (a) Working with the appropriate partners, including but not limited to, local governments, workforce development organizations, port districts, community colleges and higher education institutions, export assistance providers, the Washington manufacturing services, the Washington state quality award, council, small business assistance programs, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services in the county;

        (b) Providing information on state and local permitting processes, tax issues, and other essential information for operating, expanding or locating a business in Washington;

        (c) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state;

        (d) Working with businesses on site location and selection assistance;

        (e) Providing business retention and expansion services, including business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses; and

        (f) Participate in economic development system-wide discussions regarding gaps in business start-up assistance in Washington; and

        (2) Support for regional economic research and regional planning efforts to implement target industry strategies and other economic development strategies that support increased living standards and increase foreign direct investment throughout Washington. Activities include:

        (a) Participation in regional planning efforts involving combined strategies around workforce development and economic development policies and programs. The contracting organization shall participate with the ((work force training and education coordinating board as created in chapter 28C.18 RCW, and any regional entities designated by that board,))the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in providing for the coordination of job skills training within its region;

        (b) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. The department shall consult with the Washington state economic development commission in the establishment of such uniform data as is needed to conduct a statewide systemic analysis of the state's economic development programs and expenditures. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information;

        (c) In conjunction with other governmental jurisdictions and institutions, participate in the development of a countywide economic development plan, consistent with the state comprehensive plan for economic development developed by the Washington state economic development commission.


        NEW SECTION. Sec. 3. (1) Contracting associate development organizations shall provide the department with measures of their performance. Annual reports shall include information on the impact of the contracting organization on employment, wages, tax revenue, and capital investment. Specific measures shall be developed in the contracting process between the department and the contracting organization every two years. Performance measures should be consistent across regions to allow for statewide evaluation.

        (2)(a) The department and contracting organizations shall agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance shall occur annually.

        (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures shall develop remediation plans to address performance gaps. The remediation plans shall include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes.

        (c) Contracts and state funding shall be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations shall review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate.

        (3) The department shall report to the legislature and the Washington economic development commission by December 31st of each year on the performance results of the contracts with associate development organizations.


        NEW SECTION. Sec. 4. Up to five associate development organizations per year contracting with the department under this act that apply for the Washington state quality award or its equivalent shall receive reimbursement for the award application fee, but may not be reimbursed more than once every three years.


        NEW SECTION. Sec. 5. To the extent that funds are specifically appropriated therefor, contracts with associate development organizations for the provision of services under RCW 43.330.080(1) shall be awarded according to the following annual schedule:

        (1) For associate development associations serving urban counties, which are counties other than rural counties as defined in RCW 43.160.020, a locally matched allocation of up to ninety cents per capita, totaling no more than three hundred thousand dollars per organization; and

        (2) For associate development associations in rural counties, as defined in RCW 43.160.020, a per county base allocation of up to forty thousand dollars and a locally matched allocation of up to ninety cents per capita.


        NEW SECTION. Sec. 6. Sections 3 through 5 of this act are each added to chapter 43.330 RCW.


        NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void."


        Correct the title.


       Representatives Kenney and Bailey spoke in favor of the adoption of the amendment.


       The amendment was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Kenney and Bailey spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5092, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5092, as amended by the House, and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 97.

       Voting nay: Representative Roach - 1.



       SECOND SUBSTITUTE SENATE BILL NO. 5092, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5244, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens and Brandland; by request of Department of Social and Health Services)


       Implementing the deficit reduction act.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representative Lantz spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5244.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5244 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 93.

       Voting nay: Representatives Chandler, Curtis, Dunn, Haler and Orcutt - 5.


       SUBSTITUTE SENATE BILL NO. 5244, having received the necessary constitutional majority, was declared passed.


       SECOND SUBSTITUTE SENATE BILL NO. 5470, by Senate Committee on Ways & Means (originally sponsored by Senators Hargrove, Stevens, McAuliffe, Brown and Regala)


       Revising provisions concerning dissolution proceedings.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Appropriations was before the House for purpose of amendment. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Hasegawa moved the adoption of amendment (599) to the committee amendment:


        On page 22, after line 26 of the amendment, insert the following:


        "Sec. 601. RCW 26.09.184 and 1991 c 367 s 7 are each amended to read as follows:

        (1) OBJECTIVES. The objectives of the permanent parenting plan are to:

        (a) Provide for the child's physical care;

        (b) Maintain the child's emotional stability;

        (c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future modifications to the permanent parenting plan;

        (d) Set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in RCW 26.09.187 and 26.09.191;

        (e) Minimize the child's exposure to harmful parental conflict;

        (f) Encourage the parents, where appropriate under RCW 26.09.187 and 26.09.191, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

        (g) To otherwise protect the best interests of the child consistent with RCW 26.09.002.

        (2) CONTENTS OF THE PERMANENT PARENTING PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child.

        (3) CONSIDERATION IN ESTABLISHING THE PERMANENT PARENTING PLAN. In establishing a permanent parenting plan, the court shall consider the cultural heritage and religious beliefs of a child.

        (4) DISPUTE RESOLUTION. A process for resolving disputes, other than court action, shall be provided unless precluded or limited by RCW 26.09.187 or 26.09.191. A dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or court action. In the dispute resolution process:

        (a) Preference shall be given to carrying out the parenting plan;

        (b) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;

        (c) A written record shall be prepared of any agreement reached in counseling or mediation and of each arbitration award and shall be provided to each party;

        (d) If the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court shall award attorneys' fees and financial sanctions to the prevailing parent;

        (e) The parties have the right of review from the dispute resolution process to the superior court; and

        (f) The provisions of (a) through (e) of this subsection shall be set forth in the decree.


        (((4))) (5) ALLOCATION OF DECISION-MAKING AUTHORITY.

        (a) The plan shall allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the child in these specified areas, or in other areas, into their plan, consistent with the criteria in RCW 26.09.187 and 26.09.191. Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.

        (b) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.

        (c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to resolve the issue through the dispute resolution process.

        (((5))) (6) RESIDENTIAL PROVISIONS FOR THE CHILD. The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions, consistent with the criteria in RCW 26.09.187 and 26.09.191.

        (((6))) (7) PARENTS' OBLIGATION UNAFFECTED. If a parent fails to comply with a provision of a parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision in a parenting plan or a child support order may result in a finding of contempt of court, under RCW 26.09.160.

        (((7))) (8) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan shall set forth the provisions of subsections (((3))) (4)(a) through (c), (((4))) (5)(b) and (c), and (((6))) (7) of this section.


        Sec. 602. RCW 26.09.015 and 2005 c 172 s 17 are each amended to read as follows:

        (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.

        (2) Each superior court may make available a mediator. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court.

        (3)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows:

        (i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving:

        (A) Abuse, neglect, abandonment, exploitation, or unlawful harassment as defined in RCW 9A.46.020(1), of a child;

        (B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or

        (C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(((3))) (4)(d).

        (ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(((3))) (4)(e) to the extent necessary for such review to be effective.

        (b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator's testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW.

        (4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.

        (5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court."


        On page 23, line 10 of the amendment, after "26.09.184" strike "(4)" and insert "(((4))) (5)"


        On page 23, line 28 of the amendment, after "26.09.184" strike "(4)" and insert "(((4))) (5)"


        On page 23, line 31 of the amendment, after "26.09.184" strike "(4)" and insert "(((4))) (5)"


        Renumber the remaining sections accordingly.


       Representatives Hasegawa and Rodne spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       The committee amendment as amended was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Lantz and Rodne spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5470, as amended by the House.


ROLL CALL



       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5470, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SECOND SUBSTITUTE SENATE BILL NO. 5470, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5475, by Senate Committee on Water, Energy & Telecommunications (originally sponsored by Senators Poulsen, Honeyford, Regala and Kohl-Welles; by request of Department of Ecology)


       Modifying provisions affecting underground storage tanks.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representative B. Sullivan spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5475.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5475 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5475, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5483, by Senate Committee on Transportation (originally sponsored by Senators Kauffman, Holmquist, Haugen, Clements, Rasmussen and Shin; by request of Transportation Improvement Board)


       Retaining the distribution of city hardship assistance program funds to cities and towns for street maintenance.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Clibborn and Jarrett spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5483.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5483 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5483, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5613, by Senators Kilmer, Kastama, Kauffman, Shin, Delvin, Brown and McAuliffe


       Concerning entrepreneurial training opportunities.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Wallace, Anderson and Bailey spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5613.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5613 and the bill passed the House by the following vote: Yeas - 81, Nays - 17, Absent - 0, Excused - 0.

       Voting yea: Representatives Alexander, Appleton, Armstrong, Bailey, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, DeBolt, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 81.

       Voting nay: Representatives Ahern, Anderson, Buri, Chandler, Condotta, Crouse, Curtis, Dunn, Hailey, Kretz, Kristiansen, Newhouse, Orcutt, Pearson, Schindler, Sump and Warnick - 17.


       SENATE BILL NO. 5613, having received the necessary constitutional majority, was declared passed.


       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5841, by Senate Committee on Ways & Means (originally sponsored by Senators Hobbs, McAuliffe, Rockefeller, Tom, Oemig, Kauffman, Regala, Kohl-Welles and Rasmussen)


       Enhancing student learning opportunities and achievement.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Education was not adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       With the consent of the House, amendments (640), (838), (614), (744), (779) and (686) were withdrawn.


       Representative Santos moved the adoption of amendment (610):


        Strike everything after the enacting clause and insert the following:


        "Sec. 1. RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:

        ((The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:

        (1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;

        (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;

        (3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and

        (4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.)) The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand diverse perspectives, to enjoy productive and satisfying lives, and to develop a public school system that focuses on the educational achievement of all students, which includes high expectations for and prepares students to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to:

        (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences;

        (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; world history, cultures, and geography; civics and arts; and health and fitness;


        (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems;

        (4) Understand the importance of work and personal financial literacy and how performance, effort, and decisions directly affect future career and educational opportunities; and

        (5) Understand and be fully prepared to exercise the responsibilities of civic participation in a pluralistic society.


        NEW SECTION. Sec. 2. A new section is added to chapter 28A.150 RCW to read as follows:

        ALL-DAY KINDERGARTEN PROGRAMS--FUNDING. (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:

        (a) Provide at least a one thousand-hour instructional program;

        (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:

        (i) Developing initial skills in the academic areas of reading, mathematics, and writing;

        (ii) Developing a variety of communication skills;

        (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;

        (iv) Acquiring large and small motor skills;

        (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

        (vi) Learning through hands-on experiences;

        (c) Establish learning environments that are developmentally appropriate and promote creativity;

        (d) Demonstrate strong connections and communication with early learning community providers; and

        (e) Participate in kindergarten program readiness activities with early learning providers and parents.

        (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

        (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding.


        NEW SECTION. Sec. 3. A new section is added to chapter 28A.630 RCW to read as follows:

        PRIMARY LEVEL EDUCATION PROJECTS. Subject to funds appropriated for the purposes of this section:

        (1) Four demonstration projects are authorized for schools serving kindergarten through third grade students to develop, implement, and document the effects of a comprehensive K-3 foundations program. At least two demonstration projects shall be in schools that are participating in the public- private early learning partnerships in the Highline and Yakima school districts. A third demonstration project shall be in the Spokane school district.

        (2) The superintendent of public instruction shall select project participants based on the criteria in this section, the commitment to a school-wide program, and the degree to which applicants articulate an understanding of development and implementation of a comprehensive K-3 foundations program.

        (3) Successful school applicants shall:

        (a) Demonstrate that there is engaged and committed school and district leadership and support for the project;

        (b) Demonstrate that school staff is engaged and committed and believes in high expectations for all students;

        (c) Have a history of successfully using data to guide decision making for students and the program;

        (d) Plan for the use of staff learning improvement days to support project implementation;

        (e) Demonstrate successful linkages with the early learning providers in their communities;

        (f) Outline the steps taken to develop this application and the general plan for implementation of a comprehensive K-3 foundations program; and

        (g) Commit to individualized learning opportunities in early grades by using district resources, such as funding under RCW 28A.505.210, to reduce class sizes in grades kindergarten through three.

        (4) Program resources provided to demonstration projects are:

        (a) Support to implement an all-day kindergarten program;

        (b) Support for class sizes at a ratio of one teacher to eighteen students, and the additional resources for materials generated by that ratio through associated nonemployee-related costs;

        (c) Support for a one-half full-time equivalent instructional coach; and

        (d) Support for professional development time related to program implementation.

        (5) Demonstration projects shall provide:

        (a) A program that implements an educational philosophy that supports child-centered learning;

        (b) Learning opportunities through personal exploration and discovery, hands-on experiences, and by working independently, in small groups and in large groups;

        (c) Rich and varied subject matter that includes: Reading, writing, mathematics, science, social studies, a world language other than English, the arts, and health and physical education;

        (d) Opportunities to learn and feel accomplishment, diligence, creativity, and confidence;

        (e) Social and emotional development opportunities;

        (f) Personalized assessment for each student that addresses academic knowledge and skill development, social and emotional skill development, critical thinking and decision-making skills, large and fine motor skill development, and knowledge of personal interests, strengths, and goals;

        (g) For students to progress to the upper elementary grades when a solid foundation is in place and reading and mathematics primary skills have been mastered;

        (h) Class sizes that do not exceed one certificated instructional staff to eighteen students; and


        (i) Cooperation with project evaluators in an evaluation of the demonstration projects, including providing the data necessary to complete the work.

        (6) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct an evaluation of the demonstration projects under this section. Student, staff, program, and parent data shall be collected using various instruments including surveys, program and activity descriptions, student performance measures, observations, and other processes.

        (7) Within available funding, findings from the evaluation under this section shall include conclusions regarding the degree to which students thrive in the education environment; student progress in academic, social, and emotional areas; the program components that have been most important to student success; the degree to which educational staff feel accomplished in their work and satisfied with student progress; and recommendations for continued implementation and expansion of the program.

        (8) Findings shall be reported to the governor, the office of the superintendent of public instruction, and the appropriate early learning, education, and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.

        (9) This section expires September 1, 2010.


        NEW SECTION. Sec. 4. A new section is added to chapter 28A.630 RCW to read as follows:

        ENGLISH AS A SECOND LANGUAGE PROJECTS. (1) The goals of the English as a second language demonstration project are to develop recommendations:

        (a) Identifying foundational competencies for developing academic English skills in English language learner students that all teachers should acquire in initial teacher preparation programs;

        (b) Identifying components of a professional development program that builds classroom teacher competence for developing academic English skills in English language learner students; and

        (c) Identifying job-embedded practices that connect the English language learner teacher and classroom teachers to coordinate instruction to support the work of the student.

        (2) The English as a second language demonstration project shall use two field strategies in the development of recommendations.

        (a) The first strategy is to conduct a field study of an ongoing project in a number of schools and school districts in which Spanish is the predominate language other than English.

        (b) The second strategy is to conduct a project that provides professional development and planning time resources to approximately three large schools in which there are many first languages among the students. The participants of this project shall partner with an institution of higher education or a professional development provider with expertise in supporting student acquisition of academic English. The superintendent of public instruction shall select the participants in the project under this subsection (2)(b).

        (3)(a) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct the field study work and collect additional information from the project schools. In conducting its work, the laboratory shall review current literature regarding best practices and consult with state and national experts as appropriate.

        (b) The laboratory shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.

        (4) This section expires September 1, 2010.


        NEW SECTION. Sec. 5. A new section is added to chapter 28A.215 RCW to read as follows:

        COMMUNITY LEARNING CENTER PROGRAM. (1) The Washington community learning center program is established. The program shall be administered by the office of the superintendent of public instruction. The purposes of the program include:

        (a) Supporting the creation or expansion of community learning centers that provide students with tutoring and educational enrichment when school is not in session;

        (b) Providing training and professional development for community learning center program staff;

        (c) Increasing public awareness of the availability and benefits of after-school programs; and

        (d) Supporting statewide after-school intermediary organizations in their efforts to provide leadership, coordination, technical assistance, advocacy, and programmatic support to after-school programs throughout the state.

        (2)(a) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction may provide community learning center grants to any public or private organization that meets the eligibility criteria of the federal twenty-first century community learning centers program.

        (b) Priority may be given to grant requests submitted jointly by one or more schools or school districts and one or more community-based organizations or other nonschool partners.

        (c) Priority may also be given to grant requests for after-school programs focusing on improving mathematics achievement, particularly for middle and junior high school students.

        (d) Priority shall be given to grant requests that:

        (i) Focus on improving reading and mathematics proficiency for students who attend schools that have been identified as being in need of improvement under section 1116 of Title I of the federal no child left behind act of 2001; and

        (ii) Include a public/private partnership agreement or proposal for how to provide free transportation for those students in need that are involved in the program.

        (3) Community learning center grant funds may be used to carry out a broad array of out-of-school activities that support and enhance academic achievement. The activities may include but need not be limited to:

        (a) Remedial and academic enrichment;

        (b) Mathematics, reading, and science education;

        (c) Arts and music education;

        (d) Entrepreneurial education;

        (e) Community service;

        (f) Tutoring and mentoring programs;

        (g) Programs enhancing the language skills and academic achievement of limited English proficient students;

        (h) Recreational and athletic activities;

        (i) Telecommunications and technology education;

        (j) Programs that promote parental involvement and family literacy;

        (k) Drug and violence prevention, counseling, and character education programs; and

        (l) Programs that assist students who have been truant, suspended, or expelled, to improve their academic achievement.

        (4) Each community learning center grant may be made for a maximum of five years. Each grant recipient shall report annually to the office of the superintendent of public instruction on what transportation services are being used to assist students in accessing the program and how those services are being funded. Based on this information, the office of the superintendent of public instruction shall compile a list of transportation service options being used and make that list available to all after-school program providers that were eligible for the community learning center program grants.

        (5) To the extent that funding is available for this purpose, the office of the superintendent of public instruction may provide grants or other support for the training and professional development of community learning center staff, the activities of intermediary after- school organizations, and efforts to increase public awareness of the availability and benefits of after-school programs.

        (6) Schools or school districts that receive a community learning center grant under this section may seek approval from the office of the superintendent of public instruction for flexibility to use a portion of their state transportation funds for the costs of transporting students to and from the community learning center program.

        (7) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program modification, sustainability, and possible expansion. An interim report is due November 1, 2008. A final report is due December 1, 2009.


        NEW SECTION. Sec. 6. CAREER PATHWAYS PROGRAMS. (1) Subject to funds appropriated for this purpose, the superintendent of public instruction shall provide grants to support development of career pathways programs in high-demand fields. A portion of the appropriated funds shall be administered by an experienced nonprofit health organization and be used to create health care career pathways with geographically dispersed high school partnerships. The remaining funds shall be used to provide grants to geographically dispersed high school partnerships to create career pathways in the trades, mechanics and engineering, or other field identified by the partnership as high demand and appropriate to meet the workforce education needs in its region.

        (2) To be eligible for a grant, high schools must form partnerships of parents, students, special populations, academic and career and technical education teachers and administrators, workforce development faculty and administrators, career guidance and academic counselors, representatives of tech-prep consortia, local workforce development councils, representatives of local skill centers and local skills panels, apprenticeship councils, and business and labor organizations in the community.

        (3) Grant recipients must develop and implement a model curriculum for their selected career pathway. Grant funds shall be used for start-up costs, primarily for the development of the curriculum and assessments described in this section and for professional development for teachers. If sufficient funds remain, grant funds may be used to upgrade equipment within the program to meet industry standards.

        (4) A career pathways program shall:

        (a) Integrate core academic standards for reading, writing, and mathematics with high-quality career and technical preparation based on accepted industry standards in the field;

        (b) Incorporate secondary and postsecondary education elements;

        (c) Be coherent, sequenced, and articulated to community and technical college courses to provide high school students with dual credit for both high school graduation and college, and to prepare students to succeed in postsecondary education programs in the field;

        (d) Lead to an industry-recognized credential or certificate at the postsecondary level or an associate or baccalaureate degree; and

        (e) Emphasize projects and application of knowledge and skills and provide extensive opportunities for work-based learning and internships.

        (5) Students who are struggling with core academic skills, including the Washington assessment of student learning, shall receive supplemental assistance and instruction within the program, including assistance to create a career and technical collection of evidence as an alternative to the Washington assessment of learning.

        (6) Participants in a high-demand career pathways program should expect to complete a high school diploma and the appropriate courses in a high-quality career and technical program and graduate ready to pursue postsecondary education.

        (7) With assistance from the office of the superintendent of public instruction and the workforce training and education coordinating board, grant recipients shall develop end-of-program assessments for their high-demand career pathways program. The assessments shall be integrated to include academic, work readiness, and technical knowledge and skills. The legislature's intent is to use these assessments as prototypes for possible future additional alternative assessments for career and technical education students to demonstrate they meet the state's learning standards.

        (8) Grant recipients must develop a communications strategy for parents and students in other area high schools and middle schools to promote the model career pathways programs as a high-quality learning option for students and prepare plans for replication of the programs.

        (9) For the purposes of this section, "career pathways program" has the same meaning as a career and technical program of study under P.L. 109-270, the Carl D. Perkins career and technical education improvement act of 2006.

        (10) This section expires July 1, 2009.


        NEW SECTION. Sec. 7. Captions used in this act are not any part of the law."


        Correct the title.


       Representative Haler moved the adoption of amendment (611) to amendment (610):


        On page 2, line 30 of the striking amendment, after "fulfilled." strike "Additionally," and insert the following:

        "(2) Within amounts appropriated for the purpose of providing grants for voluntary all-day kindergarten programs under this section, the superintendent of public instruction shall establish a program for community kindergarten grants, to be operated through the department of early learning. Beginning with the 2007-08 school year, agencies licensed under chapter 43.215 RCW may apply to the department of early learning for grant funding to operate all-day kindergarten programs in communities where all-day kindergarten is not available to all children through their resident schools.

        (3) An agency that receives funding under subsection (2) of this section and"

 

        Renumber the remaining subsection consecutively.


       Representative Haler spoke in favor of the adoption of the amendment to amendment (610).



       Representative Santos spoke against the adoption of the amendment to amendment (610).


       The amendment to amendment (610) was not adopted.


       Representative Schual-Berke moved the adoption of amendment (613) to amendment (610):


        On page 11, after line 7 of the striking amendment, insert the following:

        "NEW SECTION. Sec. 7. A new section is added to chapter 28A.300 RCW to read as follows:

        WORLD LANGUAGES. The superintendent of public instruction shall assign at least one full-time equivalent staff position within the office of the superintendent of public instruction to serve as the world language supervisor. The world language supervisor shall have the following duties and responsibilities:

        (1) Develop, conduct, and oversee professional development for teachers on grade level expectations, state and national standards, and best practices in instruction for world languages;

        (2) Provide technical assistance to schools in designing elementary and middle school language programs, selecting and designing high quality curriculum, and providing professional development;

        (3) Advise in the development of online world language courses;

        (4) Create a clearinghouse of information and materials to support high quality world language instruction at the elementary and secondary levels;

        (5) Secure and implement grants, including federal grants, to enhance world language programs;

        (6) Encourage and foster an articulated curriculum for world languages through elementary, secondary, and postsecondary grades;

        (7) Establish and maintain a state database for world language course offerings in schools and school districts;

        (8) Implement memoranda of understanding with ministries of education in other countries, including interviewing, selecting, securing visas for, and providing orientation for visiting teachers;

        (9) Serve in an advisory capacity on committees or work groups regarding teacher certification, advanced placement programs, and textbook publishing and selection; and

        (10) Serve as an education liaison with the business, trade, and economic development communities."


        Renumber the remaining section consecutively and correct internal references accordingly.


       Representative Schual-Berke spoke in favor of the adoption of the amendment to amendment (610).


       Representative Priest spoke against the adoption of the amendment to amendment (610).


       The Speaker (Representative Lovick presiding) divided the House. The result was 63 - YEAS; 35 - NAYS.


       The amendment to the amendment (610) was adopted.


       The question before the House was adoption of amendment (610) as amended. The amendment as amended was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representative Santos spoke in favor of passage of the bill.


       Representative Priest spoke against the passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 5841, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5841, as amended by the House, and the bill passed the House by the following vote: Yeas - 60, Nays - 38, Absent - 0, Excused - 0.

       Voting yea: Representatives Appleton, Barlow, Blake, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 60.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Campbell, Chandler, Chase, Condotta, Crouse, Curtis, DeBolt, Dunn, Eickmeyer, Ericksen, Hailey, Haler, Hankins, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Priest, Roach, Rodne, Ross, Schindler, Skinner, Strow, Sump, Walsh and Warnick - 38.


       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5841, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SECOND SUBSTITUTE SENATE BILL NO. 5955, by Senate Committee on Ways & Means (originally sponsored by Senators Tom, McAuliffe, Kauffman, Oemig, Kilmer, Eide, Kohl-Welles and Rasmussen)


       Regarding educator preparation, professional development, and compensation.


       The bill was read the second time.



       There being no objection, the committee amendment by the Committee on Education was before the House for purpose of amendment. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       With the consent of the House, amendment (577) was withdrawn.


       Representative Jarrett moved the adoption of amendment (585) to the committee amendment:


        On page 10, after line 34 of the striking amendment, insert the following:

        "NEW SECTION. Sec. 14. A new section is added to chapter 28A.400 RCW to read as follows:

        A performance-based compensation pilot project for certificated instructional staff in public schools is established under this section for two school districts.

        (1) School districts may apply to participate in the pilot project by submitting a proposal to the superintendent of public instruction, signed by the school district board of directors and the exclusive bargaining representative for certificated instructional staff, that contains the following:

        (a) The goals and objectives of the project and how success will be measured;

        (b) A description of the process by which the district and the exclusive bargaining representative will complete a performance-based compensation agreement;

        (c) Commitment by all parties of time during the planning year for the joint development of the agreement and development of the performance evaluation, salary schedule, and professional development components of the agreement;

        (d) The extent to which learning improvement days will be used to support the project;

        (e) The extent to which supplemental contracts and resources for additional time, additional responsibilities, or incentives will be incorporated into and aligned with the project; and

        (f) Other information that indicates a willingness, readiness, and capacity by all parties to design and implement a high-quality performance-based compensation pilot project.

        (2) Applications shall be submitted to the superintendent of public instruction by November 1, 2007. The superintendent may approve one application from the West side of the state and one application from the East side of the state and shall provide notice of approvals no later than January 31, 2008.

        (3) Districts selected to participate in the pilot project, in collaboration with their exclusive bargaining representatives, shall develop the components of performance-based compensation agreements during the remainder of the 2007-08 school year. At a minimum, agreements must:

        (a) Describe how certificated instructional staff can achieve career advancement and additional compensation, including how the school district will provide career advancement options that allow staff who provide direct instruction to retain primary roles in student instruction;

        (b) Restructure the traditional salary schedule from one based on years of experience, educational degrees, and credits of continuing education to a new salary schedule that bases a significant proportion of any compensation increase on staff performance, measured using schoolwide student achievement gains on the Washington assessment of student learning and other objective student assessments, other indicators of student achievement, and an objective performance evaluation system;

        (c) Provide for ongoing school and classroom-based professional development activities that are designed to improve instructional skills, aligned with the school improvement plan, based on identified student learning needs and goals, and provided by trained mentor teachers and coaches;

        (d) Ensure that the compensation of any staff shall not decrease as a result of implementing the agreement; and

        (e) Estimate the costs to implement the agreement.

        (4) The objective performance evaluation system under this section must include individual evaluations that are conducted by the building principal or other district staff and other evaluations using multiple criteria that are conducted by a jointly selected and trained evaluation team using a standards-based evaluation instrument and process.

        (5) Performance-based compensation agreements shall be implemented districtwide, but may include components that are unique to individual schools within the district.

        (6) Districts selected to participate in the pilot project must submit their performance-based compensation agreements to the superintendent of public instruction for approval by July 15, 2008. The office shall review the agreements to ensure the components required under this section are clearly detailed in the agreements and that the agreements are in compliance with applicable state laws. The office may approve only agreements that are legally binding on the school district and the exclusive bargaining representative beginning with the 2008-09 school year.

        (7) Beginning with the 2008-09 school year and ending with the 2012-13 school year, school districts with performance-based compensation agreements approved under this section shall receive one hundred fifteen dollars per full-time equivalent student, which shall be used in combination with the amounts allocated under the statewide salary allocation schedule for certificated instructional staff to pay for the performance-based compensation agreements.

        (8) The superintendent of public instruction may develop guidelines for the operation of the performance-based compensation pilot projects.


        NEW SECTION. Sec. 15. (1) The Washington state institute for public policy shall conduct an evaluation of the performance-based compensation pilot projects established under section 14 of this act, including an examination of:

        (a) Student academic progress as measured by the Washington assessment of student learning and other measures, compared to similar students and schools in school districts not participating in the projects;

        (b) Quality of professional development activities conducted under the projects;

        (c) Impact on recruitment and retention of staff; and

        (d) Teacher, principal, and parent satisfaction with the projects and the results.

        (2) School districts participating in the pilot projects shall assist the institute with the evaluation, including but not limited to distributing surveys, conducting interviews, and providing data.

        (3) The institute shall report its findings to the legislature by December 1, 2012.


        Sec. 16. RCW 28A.400.200 and 2002 c 353 s 2 are each amended to read as follows:


        (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

        (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

        (b) Except as authorized under a performance-based compensation agreement approved under section 14 of this act, salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a masters degree and zero years of service;

        (3)(a) Except as authorized under a performance-based compensation agreement approved under section 14 of this act, the actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

        (b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

        (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

        (4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts under this subsection may be incorporated into a performance-based compensation agreement approved under section 14 of this act. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

        (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.


        Sec. 17. RCW 28A.400.205 and 2003 1st sp.s. c 20 s 1 are each amended to read as follows:

        (1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section.

        (a) The cost-of-living increase shall be calculated by applying the rate of the yearly increase in the cost-of-living index to any state- funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the 2001-02 school year, and for each subsequent school year, except for the 2003-04 and 2004-05 school years, each school district shall be provided a cost-of- living allocation sufficient to grant this cost-of-living increase.

        (b) A school district shall distribute its cost-of-living allocation for salaries and salary-related benefits in accordance with the district's salary schedules, collective bargaining agreements, and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for cost-of-living increases on salaries and salary-related benefits.

        (c) Any funded cost-of-living increase shall be included in the salary base used to determine cost-of-living increases for school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual cost-of-living increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW 28A.150.410 and to any other salary models used to recognize school district personnel costs. For school districts with a performance-based compensation agreement approved under section 14 of this act, the annual cost-of-living increase shall be applied only to the base salary used with the statewide salary allocation schedule.

        (2) For the purposes of this section, "cost-of-living index" means, for any school year, the previous calendar year's annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the cost-of-living index in this section.


        Sec. 18. RCW 41.59.935 and 1990 c 33 s 571 are each amended to read as follows:

        Nothing in this chapter shall be construed to grant employers or employees the right to reach agreements regarding salary or compensation increases in excess of those authorized in accordance with RCW 28A.150.410 and 28A.400.200, and, if applicable, a performance- based compensation agreement approved under section 14 of this act.


        NEW SECTION. Sec. 19. Sections 14 through 18 of this act expire September 1, 2013."


        Renumber the remaining section consecutively and correct internal references accordingly.


       Representatives Jarrett and Priest spoke in favor of the adoption of the amendment to the committee amendment.


       Representative P. Sullivan spoke against the adoption of the amendment to the committee amendment


       The amendment to the committee amendment was not adopted.


       The committee amendment was adopted.

 


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives P. Sullivan and Priest spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5955, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5955, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SECOND SUBSTITUTE SENATE BILL NO. 5955, as amended by the House, having received the necessary constitutional majority, was declared passed.


       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5843, by Senate Committee on Ways & Means (originally sponsored by Senators Oemig, Tom, Rockefeller, Zarelli and Keiser)


       Regarding educational data and data systems.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Appropriations was not adopted. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Hunter moved the adoption of amendment (582):


        Strike everything after the enacting clause and insert the following:


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

        (1) Reliable data on student progress, characteristics of students and schools, and teacher qualifications and mobility is critical for accountability to the state and to the public;

        (2) Educational data should be made available as widely as possible while appropriately protecting the privacy of individuals as provided by law;

        (3) Having a single, comprehensive, and technically compatible student and school-level data system will streamline data collection for school districts, reduce inefficiencies caused by the lack of connectivity, and minimize or eliminate multiple data entry; and

        (4) Schools and districts should be supported in their management of educational data and should have access to user-friendly programs and reports that can be readily used by classroom teachers and building principals to improve instruction.


        NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:

        (1) The office of the superintendent of public instruction is authorized to establish a longitudinal student data system for and on behalf of school districts in the state. The primary purpose of the data system is to better aid research into programs and interventions that are most effective in improving student performance, better understand the state's public educator workforce, and provide information on areas within the educational system that need improvement.

        (2) The confidentiality of personally identifiable student data shall be safeguarded consistent with the requirements of the federal family educational rights privacy act and applicable state laws. Consistent with the provisions of these federal and state laws, data may be disclosed for educational purposes and studies, including but not limited to:

        (a) Educational studies authorized or mandated by the state legislature;

        (b) Studies initiated by other state educational authorities and authorized by the office of the superintendent of public instruction, including analysis conducted by the education data center established under section 3 of this act; and

        (c) Studies initiated by other public or private agencies and organizations and authorized by the office of the superintendent of public instruction.

        (3) Any agency or organization that is authorized by the office of the superintendent of public instruction to access student-level data shall adhere to all federal and state laws protecting student data and safeguarding the confidentiality and privacy of student records.

        (4) Nothing in this section precludes the office of the superintendent of public instruction from collecting and distributing aggregate data about students or student-level data without personally identifiable information.


        NEW SECTION. Sec. 3. A new section is added to chapter 43.41 RCW to read as follows:

        (1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative education and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of early learning, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the higher education coordinating board, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.

        (2) The education data center shall:

        (a) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;

        (b) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;

        (c) Track enrollment and outcomes through the public centralized higher education enrollment system;

        (d) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs; and

        (e) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system.

        (3) The department of early learning, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, higher education coordinating board, public four-year institutions of higher education, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.


        NEW SECTION. Sec. 4. A new section is added to chapter 28A.320 RCW to read as follows:

        No later than the beginning of the 2008-09 school year and thereafter, each school district shall collect and electronically submit to the office of the superintendent of public instruction, in a format and according to a schedule prescribed by the office, the following data for each class or course offered in each school:

        (1) The certification number or other unique identifier associated with the teacher's certificate for each teacher assigned to teach the class or course, including reassignments that may occur during the school year; and

        (2) The statewide student identifier for each student enrolled in or being provided services through the class or course.


        NEW SECTION. Sec. 5. A new section is added to chapter 28A.300 RCW to read as follows:

        (1) The office of the superintendent of public instruction shall develop standards for school data systems that focus on validation and verification of data entered into the systems to ensure accuracy and compatibility of data. The standards shall address but are not limited to the following topics:

        (a) Date validation;

        (b) Code validation, which includes gender, race or ethnicity, and other code elements;

        (c) Decimal and integer validation; and

        (d) Required field validation as defined by state and federal requirements.

        (2) The superintendent of public instruction shall develop a reporting format and instructions for school districts to collect and submit data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups so that analyses may be conducted on student achievement using the disaggregated data.


        NEW SECTION. Sec. 6. (1) To the extent funds are appropriated for this purpose, the office of the superintendent of public instruction shall conduct a feasibility study on expanding the longitudinal student data system beyond the elements currently collected and those required under section 4 of this act.

        (2) The office of the superintendent of public instruction, in consultation with the work group established under subsection (5) of this section, shall identify a preliminary set of additional data elements whose collection shall be field tested on a pilot basis in at least two school districts, with at least one with over twenty thousand in full-time equivalent enrollment and at least one with less than two thousand in full-time equivalent enrollment. Among the data elements to be field tested shall be course codes for a limited set of core high school mathematics courses, based on the classification of secondary school courses by the national center for education statistics.

        (3) Additional topics addressed by the feasibility study shall include, but are not limited to:

        (a) Detailed estimates on the cost of the development and implementation of the expanded data system;

        (b) A final list of specific data elements that are necessary to allow effective and efficient research on an individual school, district, and statewide basis, and of those data elements, identification of what data is currently reported by schools and school districts and what is not reported;

        (c) An implementation plan for consistent coding of secondary courses in subjects other than mathematics that is based on a national classification system;

        (d) A phased-in implementation of a comprehensive data system with school-level financial, student, teacher, and community variables consistent with recommendations of the joint legislative audit and review committee; and

        (e) The staffing and related impacts on schools and school districts from the collection of the recommended data elements and consideration of ways to reduce duplicate reporting of data.

        (4) By November 1, 2008, the office of the superintendent of public instruction shall provide a final report on the results of the feasibility study, including the results from the field tests, to the appropriate policy and fiscal committees of the legislature.

        (5) To assist in conducting the feasibility study and field tests and in carrying out the responsibilities assigned under section 5 of this act, the office of the superintendent of public instruction shall convene a work group comprised of representatives of the following agencies and organizations: The education data center established under section 3 of this act, the Washington state institute for public policy, the professional educator standards board, the state board of education, the joint legislative audit and review committee, the center for analysis of longitudinal data in education research, other research organizations as appropriate, school districts of varying sizes and geographic locations, educational service districts, the Washington school information processing cooperative, at least one additional school information system vendor, the association of Washington school principals, the Washington association of school administrators, the Washington education association, the Washington association of school business officials, the Washington association of colleges for teacher education, and the Washington state school directors' association.


        Sec. 7. RCW 28A.410.070 and 1983 c 56 s 12 are each amended to read as follows:

        (1) All certificates issued by the superintendent of public instruction shall be valid and entitle the holder thereof to employment in any school district of the state upon being registered by the school district if designated to do so by the school district, which fact shall be evidenced on the certificate in the words, "Registered for use in . . . . . . district," together with the date of registry, and an official signature of the person registering the same: PROVIDED, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original.

        (2) The superintendent of public instruction may accept applications for educator certification that are submitted using an electronic signature from the applicant."


        Correct the title.


       Representatives Hunter and Anderson spoke in favor of the adoption of the amendment.


       The amendment was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Hunter and Anderson spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Second Substitute Senate Bill No. 5843, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5843, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5843, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SECOND SUBSTITUTE SENATE BILL NO. 5114, by Senate Committee on Ways & Means (originally sponsored by Senators Rockefeller, Parlette, Eide, Weinstein, Fairley, Keiser, Shin, Kohl-Welles, Murray, McAuliffe, Rasmussen, Kauffman, Kilmer, Franklin and Holmquist)


       Changing student transportation funding.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representative Fromhold spoke in favor of passage of the bill.


       Representatives Priest and Anderson spoke against the passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Second Substitute Senate Bill No. 5114.


ROLL CALL


       The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5114 and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.

       Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Orcutt, Ormsby, Pedersen, Pettigrew, Quall, Roach, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 68.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Chandler, Condotta, Crouse, Curtis, DeBolt, Ericksen, Hailey, Hinkle, Jarrett, Kretz, Kristiansen, McCune, McDonald, Newhouse, Pearson, Priest, Roberts, Rodne, Ross, Schindler, Strow, Sump, Walsh and Warnick - 30.


       SECOND SUBSTITUTE SENATE BILL NO. 5114, having received the necessary constitutional majority, was declared passed.


STATEMENT FOR THE JOURNAL


       I intended to vote YEA on SECOND SUBSTITUTE SENATE BILL NO. 5114.

JIM MCCUNE, 2nd District


SECOND READING


       SUBSTITUTE SENATE JOINT MEMORIAL NO. 8011, by Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators McAuliffe, Clements, Rasmussen, Eide, Oemig, Sheldon, Shin, Kline and Tom; by request of Superintendent of Public Instruction)


       Petitioning Congress to raise funding levels of the No Child Left Behind Act.


       The joint memorial was read the second time.


       There being no objection, the committee amendment by the Committee on Education was adopted. (For Committee amendment, see Journal, 81st Day, March 29, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the joint memorial was placed on final passage.


       Representatives Quall and Priest spoke in favor of passage of the joint memorial.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Joint Memorial No. 8011.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Joint Memorial No. 8011 and the joint memorial passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE JOINT MEMORIAL NO. 8011, having received the necessary constitutional majority, was declared passed.


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5317, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Kohl-Welles, Brandland, Hargrove, Stevens, Regala and McAuliffe)


       Creating additional safeguards for child care.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Early Learning & Children's Services was adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Kagi and Haler spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5317, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5317, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5317, as amended by the House, having received the necessary constitutional majority, was declared passed.


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5770, by Senate Committee on Higher Education (originally sponsored by Senators Shin, Schoesler and Kilmer)


       Changing public works provisions for institutions of higher education.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on State Government & Tribal Affairs was adopted. (For Committee amendment, see Journal, 79th Day, March 27, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representative Hunt spoke in favor of passage of the bill.


       Representative Chandler spoke against the passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Engrossed Substitute Senate Bill No. 5770, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 5770, as amended by the House, and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.

       Voting yea:Representatives Anderson, Appleton, Armstrong, Barlow, Blake, Buri, Campbell, Chase, Clibborn, Cody, Condotta, Conway, Curtis, Darneille, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Haler, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Orcutt, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 80.

       Voting nay: Representatives Ahern, Alexander, Bailey, Chandler, Crouse, DeBolt, Ericksen, Hailey, Hinkle, Kretz, Kristiansen, Newhouse, Pearson, Ross, Schindler, Skinner, Sump and Warnick - 18.


       ENGROSSED SUBSTITUTE SENATE BILL NO. 5770, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5050, by Senate Committee on Consumer Protection & Housing (originally sponsored by Senators Weinstein, Franklin, Kauffman, Rockefeller, Oemig, Murray, Rasmussen, Keiser and Kohl-Welles)


       Modifying the mileage tolling calculation in the motor vehicle lemon law.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Commerce & Labor was adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representative Wood spoke in favor of passage of the bill.


       Representative Condotta spoke against the passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5050, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5050, as amended by the House, and the bill passed the House by the following vote: Yeas - 66, Nays - 32, Absent - 0, Excused - 0.

       Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Ormsby, Pedersen, Pettigrew, Quall, Roach, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Williams, Wood and Mr. Speaker - 66.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Chandler, Clibborn, Condotta, Crouse, Curtis, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Hinkle, Jarrett, Kretz, Kristiansen, Newhouse, Orcutt, Pearson, Priest, Rodne, Ross, Schindler, Skinner, Strow, Walsh and Warnick - 32.


       SUBSTITUTE SENATE BILL NO. 5050, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SENATE BILL NO. 5206, by Senators Haugen and Swecker


       Addressing the use of tires with retractable studs.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Clibborn and Jarrett spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5206.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5206 and the bill passed the House by the following vote: Yeas - 97, Nays - 1, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 97.

       Voting nay: Representative Hankins - 1.


       SENATE BILL NO. 5206, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5207, by Senate Committee on Transportation (originally sponsored by Senators Haugen, Murray and Spanel)


       Concerning a study to evaluate the imposition of a fee on the processing of shipping containers, port-related user fees, and other funding mechanisms to improve freight corridors; creating the freight congestion relief account.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Transportation was adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Clibborn and Jarrett spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5207, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5207, as amended by the House, and the bill passed the House by the following vote: Yeas - 65, Nays - 33, Absent - 0, Excused - 0.

       Voting yea: Representatives Appleton, Barlow, Blake, Campbell, Chase, Clibborn, Cody, Conway, Darneille, Dickerson, Dunshee, Eddy, Eickmeyer, Ericks, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hasegawa, Hudgins, Hunt, Hunter, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Lantz, Linville, Lovick, McCoy, McDermott, McIntire, Miloscia, Moeller, Morrell, Morris, O'Brien, Ormsby, Pedersen, Pettigrew, Priest, Quall, Roberts, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, B. Sullivan, P. Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 65.

       Voting nay: Representatives Ahern, Alexander, Anderson, Armstrong, Bailey, Buri, Chandler, Condotta, Crouse, Curtis, DeBolt, Dunn, Ericksen, Hailey, Haler, Hankins, Hinkle, Hurst, Kretz, Kristiansen, McCune, McDonald, Newhouse, Orcutt, Pearson, Roach, Rodne, Ross, Schindler, Skinner, Strow, Sump and Warnick - 33.


       SUBSTITUTE SENATE BILL NO. 5207, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5219, by Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senator Jacobsen)


       Regarding the Northwest weather and avalanche center.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives B. Sullivan, Kretz and Hinkle spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5219.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5219 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5219, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5224, by Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Jacobsen, Rockefeller and Kilmer; by request of Office of Financial Management)


       Concerning the governor's salmon recovery office.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Appropriation was before the House for purpose of amendment. (For Committee amendment, see Journal, 85th Day, April 2, 2007.)


       Representative Bailey moved the adoption of amendment (616) to the committee amendment:


        On page 12, beginning on line 1 of the amendment, strike all of section 9


        Correct the title.


       Representative Bailey and B. Sullivan spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment to the committee amendment was adopted.


       The committee amendment as amended was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives B. Sullivan and Kretz spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5224, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5224, as amended by the House, and the bill passed the House by the following vote: Yeas - 89, Nays - 9, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hankins, Hasegawa, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Santos, Schual-Berke, Seaquist, Sells, Simpson, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Williams, Wood and Mr. Speaker - 89.

       Voting nay: Representatives Crouse, Hailey, Haler, Hinkle, Kristiansen, Ross, Schindler, Skinner and Warnick - 9.


       SUBSTITUTE SENATE BILL NO. 5224, as amended by the House, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5225, by Senate Committee on Water, Energy & Telecommunications (originally sponsored by Senators Oemig, Poulsen, Honeyford and Spanel; by request of Utilities & Transportation Commission)


       Modifying gas and hazardous liquid pipeline provisions.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Morris and Crouse spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5225.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5225 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5225, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5227, by Senate Committee on Judiciary (originally sponsored by Senators Tom, Kline, Carrell, Rasmussen, Stevens, Shin, Roach, McAuliffe, Weinstein, Jacobsen, Kohl-Welles and Kilmer)


       Increasing the penalty for animal abandonment.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Judiciary was adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Lantz and Rodne spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5227, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5227, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5227, as amended by the House, having received the necessary constitutional majority, was declared passed.



       SENATE BILL NO. 5258, by Senators Regala, Stevens and Shin


       Concerning members of the Washington council for the prevention of child abuse and neglect.


       The bill was read the second time.


       There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


       Representatives Kagi and Haler spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Senate Bill No. 5258.


ROLL CALL


       The Clerk called the roll on the final passage of Senate Bill No. 5258 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SENATE BILL NO. 5258, having received the necessary constitutional majority, was declared passed.


       SUBSTITUTE SENATE BILL NO. 5533, by Senate Committee on Human Services & Corrections (originally sponsored by Senators Pflug, Hargrove, Kline, Swecker, Delvin, Stevens, Holmquist, Parlette and Hewitt)


       Revising procedures for individuals who are mentally ill and engaged in acts constituting criminal behavior.


       The bill was read the second time.


       There being no objection, the committee amendment by the Committee on Human Services was adopted. (For Committee amendment, see Journal, 82nd Day, March 30, 2007.)


       Representative Dickerson moved the adoption of amendment (589):


        On page 2, line 8, after "unit" insert "as defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours: PROVIDED, that they are examined by a mental health professional within three hours of their arrival"


        On page 4, line 4, after "by" strike "sections 4 and" and insert "section 4 or"


        On page 4, line 7, after "in" strike "sections 4 and" and insert "section 4 or"


        On page 4, beginning on line 10, after "evaluated" strike all material through "subsection" on line 11, and insert "for civil commitment proceedings"


        On page 5, line 3, after "act," insert "but in any event for a period of no longer than ninety days,"


        On page 26, line 10, after "chapter" strike "10.97" and insert "10.77"


       Representative Dickerson spoke in favor of the adoption of the amendment to the committee amendment.


       The amendment was adopted.


       There being no objection, the rules were suspended, the second reading considered the third and the bill, as amended by the House, was placed on final passage.


       Representatives Dickerson, Hinkle, Ahern and O'Brien spoke in favor of passage of the bill.


       The Speaker (Representative Lovick presiding) stated the question before the House to be the final passage of Substitute Senate Bill No. 5533, as amended by the House.


ROLL CALL


       The Clerk called the roll on the final passage of Substitute Senate Bill No. 5533, as amended by the House, and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

       Voting yea: Representatives Ahern, Alexander, Anderson, Appleton, Armstrong, Bailey, Barlow, Blake, Buri, Campbell, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Crouse, Curtis, Darneille, DeBolt, Dickerson, Dunn, Dunshee, Eddy, Eickmeyer, Ericks, Ericksen, Flannigan, Fromhold, Goodman, Grant, Green, Haigh, Hailey, Haler, Hankins, Hasegawa, Hinkle, Hudgins, Hunt, Hunter, Hurst, Jarrett, Kagi, Kelley, Kenney, Kessler, Kirby, Kretz, Kristiansen, Lantz, Linville, Lovick, McCoy, McCune, McDermott, McDonald, McIntire, Miloscia, Moeller, Morrell, Morris, Newhouse, O'Brien, Orcutt, Ormsby, Pearson, Pedersen, Pettigrew, Priest, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schindler, Schual-Berke, Seaquist, Sells, Simpson, Skinner, Sommers, Springer, Strow, B. Sullivan, P. Sullivan, Sump, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, Williams, Wood and Mr. Speaker - 98.


       SUBSTITUTE SENATE BILL NO. 5533, as amended by the House, having received the necessary constitutional majority, was declared passed.


       With the consent of the House, the Committee on Rules was relieved of the following bills, and the bills were placed on the Second Reading calendar:


ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5098,

ENGROSSED SENATE BILL NO. 5261,

SUBSTITUTE SENATE BILL NO. 5358,

SUBSTITUTE SENATE BILL NO. 5445,

ENGROSSED SENATE BILL NO. 5498,

SUBSTITUTE SENATE BILL NO. 5566,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5659,

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5862,

SUBSTITUTE SENATE BILL NO. 5972,


       There being no objection, the House advanced to the eleventh order of business.


       There being no objection, the House adjourned until 10:00 a.m., April 10, 2007, the 93rd Day of the Regular Session.


FRANK CHOPP, Speaker

RICHARD NAFZIGER, Chief Clerk