Journal of the Senate 1 Ninety Third Day, April 16, 2013 2013 Regular Session Ninety Third Day

JOURNAL OF THE SENATE 1 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION NINETY THIRD DAY

MORNING SESSION MOTION

On motion of Senator Fain, the Senate advanced to the Senate Chamber, Olympia, Tuesday, April 16, 2013 seventh order of business.

The Senate was called to order at 10:00 a.m. by President THIRD READING Owen. The Secretary called the roll and announced to the CONFIRMATION OF GUBERNATORIAL APPOINTMENTS President that all Senators were present with the exception of Senator Carrell. MOTION The Sergeant at Arms Color Guard consisting of Pages Lydia Winslow and Charlene Kwon, presented the Colors. Senator Senator Bailey moved that Ralph Munro, Gubernatorial Kline offered the prayer. Appointment No. 9147, be confirmed as a member of the Board of Trustees, Western Washington University. MOTION Senators Bailey and Shin spoke in favor of passage of the motion. On motion of Senator Fain, the reading of the Journal of the previous day was dispensed with and it was approved. APPOINTMENT OF RALPH MUNRO

MOTION The President declared the question before the Senate to be the confirmation of Ralph Munro, Gubernatorial Appointment On motion of Senator Fain, the Senate advanced to the fourth No. 9147, as a member of the Board of Trustees, Western order of business. Washington University.

MESSAGE FROM THE HOUSE The Secretary called the roll on the confirmation of Ralph Munro, Gubernatorial Appointment No. 9147, as a member of the April 15, 2013 Board of Trustees, Western Washington University and the

appointment was confirmed by the following vote: Yeas, 48; MR. PRESIDENT: Nays, 0; Absent, 0; Excused, 1. The House has passed: SUBSTITUTE SENATE BILL NO. 5008, Voting yea: Senators Bailey, Baumgartner, Becker, Benton, SENATE BILL NO. 5030, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, SENATE BILL NO. 5056, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, ENGROSSED SUBSTITUTE SENATE BILL NO. 5095, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, SENATE BILL NO. 5343, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, SUBSTITUTE SENATE BILL NO. 5396, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, SENATE BILL NO. 5496, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, SENATE BILL NO. 5593, Shin, Smith and Tom SENATE BILL NO. 5770, Excused: Senator Carrell Ralph Munro, Gubernatorial Appointment No. 9147, having SENATE BILL NO. 5806. and the same are herewith transmitted. received the constitutional majority was declared confirmed as a member of the Board of Trustees, Western Washington BARBARA BAKER, Chief Clerk University.

MESSAGE FROM THE HOUSE THIRD READING CONFIRMATION OF GUBERNATORIAL APPOINTMENTS April 15, 2013 MOTION MR. PRESIDENT: The House has passed: Senator Ranker moved that Joseph Meyer, Gubernatorial SENATE BILL NO. 5149, Appointment No. 9141, be confirmed as a member of the Board SUBSTITUTE SENATE BILL NO. 5180, of Trustees, Western Washington University. SENATE BILL NO. 5258, Senator Ranker spoke in favor of the motion. SUBSTITUTE SENATE BILL NO. 5362, SUBSTITUTE SENATE BILL NO. 5444, APPOINTMENT OF JOSEPH MEYER SUBSTITUTE SENATE BILL NO. 5559, SECOND ENGROSSED SENATE BILL NO. 5701. The President declared the question before the Senate to be and the same are herewith transmitted. the confirmation of Joseph Meyer, Gubernatorial Appointment No. 9141, as a member of the Board of Trustees, Western BARBARA BAKER, Chief Clerk Washington University.

MOTION The Secretary called the roll on the confirmation of Joseph Meyer, Gubernatorial Appointment No. 9141, as a member of the On motion of Senator Fain, Senator Carrell was excused. Board of Trustees, Western Washington University and the

2 JOURNAL OF THE SENATE appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1. The Secretary called the roll on the confirmation of Susan Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Sharpe, Gubernatorial Appointment No. 9174, as a member of the Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Board of Trustees, Western Washington University and the Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Harper, appointment was confirmed by the following vote: Yeas, 48; Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Nays, 0; Absent, 0; Excused, 1. Honeyford, King, Kline, Kohl-Welles, Litzow, McAuliffe, Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Smith and Tom Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Absent: Senators Hargrove and Keiser Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Excused: Senator Carrell McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Joseph Meyer, Gubernatorial Appointment No. 9141, having Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, received the constitutional majority was declared confirmed as a Shin, Smith and Tom member of the Board of Trustees, Western Washington Excused: Senator Carrell University. Susan Sharpe, Gubernatorial Appointment No. 9174, having received the constitutional majority was declared confirmed as a THIRD READING member of the Board of Trustees, Western Washington CONFIRMATION OF GUBERNATORIAL APPOINTMENTS University.

MOTION MOTION

Senator Baumgartner moved that James Murphy, On motion of Senator Fain, the Senate reverted to the sixth Gubernatorial Appointment No. 9149, be confirmed as a member order of business. of the Board of University. Senator Baumgartner spoke in favor of the motion. SECOND READING

APPOINTMENT OF JAMES MURPHY ENGROSSED SUBSTITUTE HOUSE BILL NO. 1383, by House Committee on Judiciary (originally sponsored by The President declared the question before the Senate to be Representatives Goodman, Fey, Kirby, Orwall, O'Ban, Roberts, the confirmation of James Murphy, Gubernatorial Appointment Jinkins, Hope, Angel, Smith, Dahlquist, Wilcox and Kristiansen) No. 9149, as a member of the Board of University. Modifying stalking and harassment protection order The Secretary called the roll on the confirmation of James provisions. Murphy, Gubernatorial Appointment No. 9149, as a member of the Board of University and the appointment was confirmed by The measure was read the second time. the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, MOTION Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Senator Pearson moved that the following committee Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, amendment by the Committee on Human Services & Corrections Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, be adopted: McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, On page 19, after line 6, insert the following: Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, "The legislature respectfully requests that:" Shin, Smith and Tom On page 19, line 18, after "The" strike all material through "the" Excused: Senator Carrell On page 19, line 19, after "commission," insert "to the extent it James Murphy, Gubernatorial Appointment No. 9149, having is able," received the constitutional majority was declared confirmed as a Senator Pearson spoke in favor of adoption of the committee member of the Board of University. amendment.

THIRD READING The President declared the question before the Senate to be CONFIRMATION OF GUBERNATORIAL APPOINTMENTS the adoption of the committee amendment by the Committee on Human Services & Corrections to Engrossed Substitute House MOTION Bill No. 1383. The motion by Senator Pearson carried and the committee Senator Ericksen moved that Susan Sharpe, Gubernatorial amendment was adopted by voice vote. Appointment No. 9174, be confirmed as a member of the Board of Trustees, Western Washington University. MOTION Senator Ericksen spoke in favor of the motion. Senator Conway moved that the following amendment by APPOINTMENT OF SUSAN SHARPE Senators Conway and Pearson be adopted: On page 20, line 1, after "the" insert "Jennifer Paulson" The President declared the question before the Senate to be Senators Conway and Pearson spoke in favor of adoption of the confirmation of Susan Sharpe, Gubernatorial Appointment the amendment. No. 9174, as a member of the Board of Trustees, Western Washington University.

JOURNAL OF THE SENATE 3 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION The President declared the question before the Senate to be IT academy, the state has previously supported K-12 computer the adoption of the amendment by Senators Conway and Pearson science education; on page 20, line 1 to Engrossed Substitute House Bill No. 1383. (b) However, even though there were nearly sixty-five thousand The motion by Senator Conway carried and the amendment student enrollments in high school computer science courses in the was adopted by voice vote. 2011-12 school year, more than half of those enrollments were in beginning or exploratory courses. Fewer than twelve hundred MOTION students enrolled in AP computer science courses; (c) National studies of K-12 computer science education On motion of Senator Pearson, the rules were suspended, indicate that, in part because computer science is not treated as an Engrossed Substitute House Bill No. 1383 as amended by the academic subject, students may not perceive advanced computer Senate was advanced to third reading, the second reading science as relevant to their future academic or career success; considered the third and the bill was placed on final passage. (d) Public institutions of higher education have expanded Senators Pearson and Conway spoke in favor of passage of capacity to grant certificates and degrees in computer science and the bill. related fields in response to high employer demand and high student demand. Additional expansion and improvement will be The President declared the question before the Senate to be dependent on new resources, updated equipment, and the the final passage of Engrossed Substitute House Bill No. 1383 as availability of expert faculty; amended by the Senate. (e) Information technology job vacancies exist at all levels of training and education and across all industries that are critical to ROLL CALL Washington's economy; and (f) Strategies are needed to support additional opportunities for The Secretary called the roll on the final passage of Washington students to have careers in the innovative, Engrossed Substitute House Bill No. 1383 as amended by the technology-based or technology-enhanced industries located in our Senate and the bill passed the Senate by the following vote: state. Yeas, 47; Nays, 0; Absent, 1; Excused, 1. (2) Therefore the legislature intends to take additional steps to Voting yea: Senators Bailey, Baumgartner, Becker, Benton, improve and expand access to computer science education, Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, particularly in advanced courses that could prepare students for Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, careers in the field. Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Sec. 2. RCW 28A.230.097 and 2008 c 170 s 202 are each Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, amended to read as follows: McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, (1) Each high school or school district board of directors shall Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, adopt course equivalencies for career and technical high school Shin, Smith and Tom courses offered to students in high schools and skill centers. A Absent: Senator Chase career and technical course equivalency may be for whole or partial Excused: Senator Carrell credit. Each school district board of directors shall develop a ENGROSSED SUBSTITUTE HOUSE BILL NO. 1383 as course equivalency approval procedure. Boards of directors must amended by the Senate, having received the constitutional approve AP computer science courses as equivalent to high school majority, was declared passed. There being no objection, the title mathematics or science, and must denote on a student's transcript of the bill was ordered to stand as the title of the act. that AP computer science qualifies as a math-based quantitative course for students who take the course in their senior year. In MOTION order for a board to approve AP computer science as equivalent to high school mathematics, the student must be concurrently enrolled On motion of Senator Billig, Senator Chase was excused. in or have successfully completed algebra II. (2) Career and technical courses determined to be equivalent to SECOND READING academic core courses, in full or in part, by the high school or school district shall be accepted as meeting core requirements, including SUBSTITUTE HOUSE BILL NO. 1472, by House graduation requirements, if the courses are recorded on the student's Committee on Education (originally sponsored by transcript using the equivalent academic high school department Representatives Hansen, Habib, Freeman and Magendanz) designation and title. Full or partial credit shall be recorded as appropriate. The high school or school district shall also issue and Providing initiatives to improve and expand access to keep record of course completion certificates that demonstrate that computer science education. the career and technical courses were successfully completed as needed for industry certification, college credit, or The measure was read the second time. preapprenticeship, as applicable. The certificate shall be either part of the student's high school and beyond plan or the student's MOTION culminating project, as determined by the student. The office of the superintendent of public instruction shall develop and make Senator Dammeier moved that the following committee available electronic samples of certificates of course completion." striking amendment by the Committee on Ways & Means be Senator Dammeier spoke in favor of adoption of the adopted: committee striking amendment. Strike everything after the enacting clause and insert the following: The President declared the question before the Senate to be "NEW SECTION. Sec. 1. (1) The legislature finds that: the adoption of the committee striking amendment by the (a) Through such initiatives as grants for high-demand career Committee on Ways & Means to Substitute House Bill No. 1472. and technical education programs and participation in the Microsoft

4 JOURNAL OF THE SENATE The motion by Senator Dammeier carried and the committee (a) Overall dual credit program enrollments increased by almost striking amendment was adopted by voice vote. four percent between 2009 and 2012; (b) The number of dual credit programs offered by Washington MOTION high schools increased by almost fifteen percent between the 2009-10 school year and the 2011-12 school year; and There being no objection, the following title amendment was (c) Dual credit program participation rates for low-income adopted: students increased more than fourteen percent between the 2009-10 On page 1, line 2 of the title, after "education;" strike the school year and the 2011-12 school year. remainder of the title and insert "amending RCW 28A.230.097; and (2) However, the legislature further finds that more can be done creating a new section." to promote academic acceleration for all students and eliminate barriers, real or perceived, that may prevent students from enrolling MOTION in rigorous advanced courses, including dual credit courses. NEW SECTION. Sec. 2. A new section is added to chapter On motion of Senator Dammeier, the rules were suspended, 28A.320 RCW to read as follows: Substitute House Bill No. 1472 as amended by the Senate was (1) Each school district board of directors is encouraged to advanced to third reading, the second reading considered the third adopt an academic acceleration policy for high school students as and the bill was placed on final passage. provided under this section. Senators Dammeier, McAuliffe and Mullet spoke in favor of (2) Under an academic acceleration policy: passage of the bill. (a) The district automatically enrolls any student who meets the state standard on the high school statewide student assessment in the The President declared the question before the Senate to be next most rigorous level of advanced courses offered by the high the final passage of Substitute House Bill No. 1472 as amended school. Students who successfully complete such an advanced by the Senate. course are then enrolled in the next most rigorous level of advanced course, with the objective that students will eventually be ROLL CALL automatically enrolled in courses that offer the opportunity to earn dual credit for high school and college. The Secretary called the roll on the final passage of Substitute (b) The subject matter of the advanced courses in which the House Bill No. 1472 as amended by the Senate and the bill student is automatically enrolled depends on the content area or passed the Senate by the following vote: Yeas, 46; Nays, 1; areas of the statewide student assessment where the student has met Absent, 0; Excused, 2. the state standard. Students who meet the state standard on both Voting yea: Senators Bailey, Baumgartner, Becker, Benton, end-of-course mathematics assessments are considered to have met Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, the state standard for high school mathematics. Students who meet Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, the state standard in both reading and writing are eligible for Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, enrollment in advanced courses in English, social studies, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, humanities, and other related subjects. Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, (c) The district must notify students and parents or guardians Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom regarding the academic acceleration policy and the advanced Voting nay: Senator Hasegawa courses available to students. Excused: Senators Carrell and Chase (d) The district must provide a parent or guardian with an SUBSTITUTE HOUSE BILL NO. 1472 as amended by the opportunity to opt out of the academic acceleration policy and enroll Senate, having received the constitutional majority, was declared a student in an alternative course. passed. There being no objection, the title of the bill was ordered NEW SECTION. Sec. 3. A new section is added to chapter to stand as the title of the act. 28A.320 RCW to read as follows: (1) Subject to funds appropriated specifically for this purpose, SECOND READING the academic acceleration incentive program is established as provided in this section. The intent of the legislature is that the SECOND SUBSTITUTE HOUSE BILL NO. 1642, by funds awarded under the program be used to support teacher House Committee on Appropriations (originally sponsored by training, curriculum, technology, examination fees, and other costs Representatives Pettigrew, Springer, Habib, Holy, Ryu and associated with offering dual credit courses to high school students. Magendanz) (2) The office of the superintendent of public instruction shall allocate half of the funds appropriated for the purposes of this Establishing policies to support academic acceleration for section on a competitive basis to provide one-time grants for high high school students. schools to expand the availability of dual credit courses. To be eligible for a grant, a school district must have adopted an academic The measure was read the second time. acceleration policy as provided under section 2 of this act. In making grant awards, the office of the superintendent of public MOTION instruction must give priority to grants for high schools with a high proportion of low-income students and high schools seeking to Senator Litzow moved that the following committee striking develop new capacity for dual credit courses rather than proposing amendment by the Committee on Ways & Means be adopted: marginal expansion of current capacity. Strike everything after the enacting clause and insert the (3) The office of the superintendent of public instruction shall following: allocate half of the funds appropriated for the purposes of this "NEW SECTION. Sec. 1. (1) The legislature finds that section to school districts as an incentive award for each student progress is being made in making dual high school and college who earned dual high school and college credit, as described under credit courses available for students: subsection (4) of this section, for courses offered by the district's high schools during the previous school year. School districts must

JOURNAL OF THE SENATE 5 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION distribute the award to the high schools that generated the funds. The President declared the question before the Senate to be The award amount for low-income students eligible to participate in the adoption of the committee striking amendment by the the federal free and reduced-price meals program who earn dual Committee on Ways & Means to Second Substitute House Bill credits must be set at one hundred twenty-five percent of the base No. 1642. award for other students. A student who earns more than one dual The motion by Senator Litzow carried and the committee credit in the same school year counts only once for the purposes of striking amendment was adopted by voice vote. the incentive award. (4) For the purposes of this section, the following students are MOTION considered to have earned dual high school and college credit in a course offered by a high school: There being no objection, the following title amendment was (a) Students who achieve a score of three or higher on an AP adopted: examination; On page 1, line 2 of the title, after "students;" strike the (b) Students who achieve a score of four or higher on an remainder of the title and insert "adding new sections to chapter examination of the international baccalaureate diploma programme; 28A.320 RCW; adding a new section to chapter 28A.300 RCW; and (c) Students who successfully complete a Cambridge advanced creating new sections." international certificate of education examination; (d) Students who successfully complete a course through the MOTION college in the high school program under RCW 28A.600.290 and are awarded credit by the partnering institution of higher education; On motion of Senator Litzow, the rules were suspended, and Second Substitute House Bill No. 1642 as amended by the Senate (e) Students who satisfy the dual enrollment and class was advanced to third reading, the second reading considered the performance requirements to earn college credit through a tech prep third and the bill was placed on final passage. course. Senators Litzow and McAuliffe spoke in favor of passage of (5) If a high school provides access to online courses for the bill. students to earn dual high school and college credit at no cost to the student, such a course is considered to be offered by the high school. The President declared the question before the Senate to be Students enrolled in the running start program under RCW the final passage of Second Substitute House Bill No. 1642 as 28A.600.300 do not generate an incentive award under this section. amended by the Senate. (6) The office of the superintendent of public instruction shall report to the education policy committees and the fiscal committees ROLL CALL of the legislature, by January 1st of each year, information about the demographics of the students earning dual credits in the schools The Secretary called the roll on the final passage of Second receiving grants under this section for the prior school year. Substitute House Bill No. 1642 as amended by the Senate and Demographic data shall be disaggregated pursuant to RCW the bill passed the Senate by the following vote: Yeas, 47; Nays, 28A.300.042. 0; Absent, 0; Excused, 2. NEW SECTION. Sec. 4. A new section is added to chapter Voting yea: Senators Bailey, Baumgartner, Becker, Benton, 28A.300 RCW to read as follows: Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, In addition to data on student enrollment in dual credit courses, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, the office of the superintendent of public instruction shall collect and Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, post on the Washington state report card web site the rates at which Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, students earn college credit through a dual credit course, using the McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, following criteria: Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, (1) Students who achieve a score of three or higher on an AP Shin, Smith and Tom examination; Excused: Senators Carrell and Chase (2) Students who achieve a score of four or higher on an SECOND SUBSTITUTE HOUSE BILL NO. 1642 as examination of the international baccalaureate diploma programme; amended by the Senate, having received the constitutional (3) Students who successfully complete a Cambridge advanced majority, was declared passed. There being no objection, the title international certificate of education examination; of the bill was ordered to stand as the title of the act. (4) Students who successfully complete a course through the college in the high school program under RCW 28A.600.290 and SECOND READING are awarded credit by the partnering institution of higher education; and SUBSTITUTE HOUSE BILL NO. 1200, by House (5) Students who satisfy the dual enrollment and class Committee on Agriculture & Natural Resources (originally performance requirements to earn college credit through a tech prep sponsored by Representatives Blake, Wilcox, Takko, Lytton, course; and Klippert, Van De Wege, Nealey, Stanford, Short and Smith) (6) Students who successfully complete a course through the running start program under RCW 28A.600.300 and are awarded Concerning the labeling of seafood. credit by the institution of higher education. NEW SECTION. Sec. 5. If specific funding for purposes of The measure was read the second time. section 3 of this act, referencing section 3 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the MOTION omnibus operating appropriations act, section 3 of this act is null and void." Senator Pearson moved that the following committee striking amendment by the Committee on Natural Resources & Parks be not adopted:

6 JOURNAL OF THE SENATE Strike everything after the enacting clause and insert the frozen ((salmon)), or processed food fish or ((cultured aquatic following: salmon)) shellfish without identifying for the buyer at the point of "Sec. 1. RCW 69.04.060 and 2003 c 53 s 314 are each sale the species of ((salmon)) food fish or shellfish by its common amended to read as follows: name ((to the buyer at the point of sale)), such that the buyer can Except as otherwise provided in this chapter, any person who make an informed purchasing decision ((in purchasing)) for his or violates any provision of RCW 69.04.040 is guilty of a her protection, health, and safety. ((A person knowingly violating misdemeanor and shall on conviction thereof be subject to the this section is guilty of misbranding under this chapter. A person following penalties: who receives misleading or erroneous information about the species (1) A fine of not more than two hundred dollars; or of salmon and subsequently inaccurately identifies salmon shall not (2) If the violation is committed after a conviction of such be guilty of misbranding. This section shall not apply to salmon person under this section has become final, imprisonment for not that is minced, pulverized, coated with batter, or breaded.)) more than thirty days, or a fine of not more than five hundred (2) It is unlawful to knowingly label or offer for sale any food fish dollars, or both such imprisonment and fine. designated as halibut, with or without additional descriptive words, Sec. 2. RCW 69.04.928 and 2002 c 301 s 11 are each unless the food fish product is Hippoglossus hippoglossus or amended to read as follows: Hippoglossus stenolepsis. The department of agriculture ((must)) may: (3) This section does not apply to salmon that is minced, (1) Develop a pamphlet that generally describes the labeling pulverized, coated with batter, or breaded. requirements for seafood((,)) as set forth in this chapter((, and)); (4) This section does not apply to a commercial fisher properly (2) Provide ((an adequate quantity of)) to the department of fish licensed under chapter 77.65 RCW and engaged in sales of fish to a and wildlife a website link to the pamphlet((s to the department of fish buyer. fish and wildlife to distribute with the issuance of a direct retail (5) A violation of this section constitutes misbranding under endorsement under RCW 77.65.510)); and section 7 of this act and is punishable as a misdemeanor, gross (3) Make the pamphlet available to holders of any license misdemeanor, or felony depending on the fair market value of the associated with buying and selling fish or shellfish under chapter fish or shellfish involved in the violation. 77.65 RCW. (6)(a) The common names for salmon species are as listed in Sec. 3. RCW 69.04.932 and 1993 c 282 s 2 are each amended RCW 69.04.932. to read as follows: (b) The common names for all other food fish and shellfish are ((Unless the context clearly requires otherwise,)) The the common names for food fish and shellfish species as defined by definitions in this section apply throughout ((RCW 69.04.933 rule of the director. If the common name for a species is not through 69.04.935)) this chapter unless the context clearly requires defined by rule of the director, then the common name is the otherwise. acceptable market name or common name as provided in the United (1) "Commercially caught" means wild or hatchery-raised States food and drug administration's publication "Seafood list - salmon harvested in the wild by commercial fishers. The term does FDA's guide to acceptable market names for seafood sold in not apply to farmed fish raised exclusively by private sector interstate commerce," as the publication existed on the effective date aquaculture. of this section. (2) "Food fish" means fresh or saltwater finfish and other forms (7) For the purposes of this section, "processed" means food fish of aquatic animal life other than crustaceans, mollusks, birds, and or shellfish processed by heat for human consumption, such as food mammals where the animal life is intended for human consumption. fish or shellfish that is kippered, smoked, boiled, canned, cleaned, (3) "Salmon" means all species of the genus Oncorhynchus, portioned, or prepared for sale or attempted sale for human except those classified as game fish in ((Title 77)) RCW 77.08.020, consumption. and includes: (8) Nothing in this section precludes using additional descriptive language or trade names to describe food fish or shellfish SCIENTIFIC NAME COMMON NAME as long as the labeling requirements in this section are met. Additionally, any person using the common name "keta" to identify Oncorhynchus tshawytscha Chinook salmon or king the species Orncorhynchus keta as authorized under subsection (6) salmon of this section must also use the additional descriptive term "dog Oncorhynchus kisutch Coho salmon or silver salmon salmon." Sec. 5. RCW 69.04.934 and 2003 c 39 s 29 are each amended Oncorhynchus keta Chum or "keta" salmon to read as follows: ((With the exception of a commercial fisher engaged in sales of Oncorhynchus gorbuscha Pink salmon fish to a fish buyer, no person may sell at wholesale or retail any fresh or frozen:)) Oncorhynchus nerka Sockeye or "red" salmon (1) It is unlawful to knowingly sell or offer for sale at wholesale or retail any fresh, frozen, or processed salmon without identifying Salmo salar (in other than Atlantic salmon private sector cultured aquatic salmon ((without identifying the)) or salmon products as farm-raised salmon((; or its landlocked form) (2))), or identifying commercially caught salmon ((designated as food fish under Title 77 RCW without identifying the)) or salmon (((2) "Commercially caught" means salmon harvested by products as commercially caught salmon. commercial fishers.)) (4) "Shellfish" means crustaceans and all (2) Identification of the products under subsection((s)) (1) ((and mollusks where the animal life is intended for human consumption. (2))) of this section ((shall)) must be made to the buyer at the point Sec. 4. RCW 69.04.933 and 1993 c 282 s 3 are each amended of sale such that the buyer can make an informed purchasing to read as follows: decision ((in purchasing)) for his or her protection, health, and ((With the exception of a commercial fisher engaged in sales of safety. fish to a fish buyer, no person may sell)) (1) It is unlawful to (3) A ((person knowingly violating)) violation of this section ((is knowingly sell or offer for sale at wholesale or retail any fresh ((or)), guilty of)) constitutes misbranding under ((this chapter. A person

JOURNAL OF THE SENATE 7 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION who receives misleading or erroneous information about whether Trafficking 1 (RCW 9A.40.100(1)) the salmon is farm-raised or commercially caught, and subsequently inaccurately identifies salmon shall not be guilty of misbranding)) XIII Malicious explosion 2 (RCW section 7 of this act and is punishable as a misdemeanor, gross 70.74.280(2)) misdemeanor, or felony depending on the fair market value of the Malicious placement of an explosive 1 fish or shellfish involved in the violation. (RCW 70.74.270(1)) (4) This section ((shall)) does not apply to salmon that is minced, XII Assault 1 (RCW 9A.36.011) pulverized, coated with batter, or breaded. (5) This section does not apply to a commercial fisher properly Assault of a Child 1 (RCW 9A.36.120) licensed under chapter 77.65 RCW and lawfully engaged in the sale of fish to a fish buyer. Malicious placement of an imitation (6) Nothing in this section precludes using additional device 1 (RCW 70.74.272(1)(a)) descriptive language or trade names to describe food fish or shellfish Promoting Commercial Sexual Abuse as long as the labeling requirements of this section are met. of a Minor (RCW 9.68A.101) Sec. 6. RCW 69.04.935 and 1994 c 264 s 39 are each Rape 1 (RCW 9A.44.040) amended to read as follows: To promote honesty and fair dealing for consumers and to Rape of a Child 1 (RCW 9A.44.073) protect public health and safety, the director, in consultation with the director of the department of fish and wildlife, ((shall)) may adopt Trafficking 2 (RCW 9A.40.100(2)) rules as necessary to: (1) ((Fixing and establishing)) Establish and implement a XI Manslaughter 1 (RCW 9A.32.060) reasonable definition and identification standard ((of identity for salmon for purposes of identifying and selling salmon)) for species Rape 2 (RCW 9A.44.050) of food fish and shellfish that are sold for human consumption; (2) ((Enforcing RCW 69.04.933 and 69.04.934)) Provide Rape of a Child 2 (RCW 9A.44.076) procedures for enforcing this chapter's food fish and shellfish labeling requirements and misbranding prohibitions. Vehicular Homicide, by being under NEW SECTION. Sec. 7. A new section is added to chapter the influence of intoxicating liquor 69.04 RCW to read as follows: or any drug (RCW 46.61.520) (1) A person is guilty of unlawful misbranding of food fish or X Child Molestation 1 (RCW 9A.44.083) shellfish in the third degree if the person commits an act that violates RCW 69.04.933 or 69.04.934, and the misbranding involves food Criminal Mistreatment 1 (RCW fish or shellfish with a fair market value up to five hundred dollars. 9A.42.020) Unlawful misbranding of food fish or shellfish in the third degree is Indecent Liberties (with forcible a misdemeanor. compulsion) (RCW (2) A person is guilty of unlawful misbranding of food fish or 9A.44.100(1)(a)) shellfish in the second degree if the person commits an act that Kidnapping 1 (RCW 9A.40.020) violates RCW 69.04.933 or 69.04.934, and the misbranding involves food fish or shellfish with a fair market value of five Leading Organized Crime (RCW hundred dollars or more, up to five thousand dollars. Unlawful 9A.82.060(1)(a)) misbranding of food fish or shellfish in the second degree is a gross Malicious explosion 3 (RCW misdemeanor. 70.74.280(3)) (3) A person is guilty of unlawful misbranding of food fish or Sexually Violent Predator Escape shellfish in the first degree if the person commits an act that violates (RCW 9A.76.115) RCW 69.04.933 or 69.04.934, and the misbranding involves food IX Abandonment of Dependent Person 1 fish or shellfish with a fair market value of five thousand dollars or (RCW 9A.42.060) more. Unlawful misbranding of food fish or shellfish in the first Assault of a Child 2 (RCW 9A.36.130) degree is a class C felony. Sec. 8. RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s Explosive devices prohibited (RCW 1 are each reenacted and amended to read as follows: 70.74.180) Hit and Run--Death (RCW TABLE 2 46.52.020(4)(a)) Homicide by Watercraft, by being CRIMES INCLUDED WITHIN under the influence of intoxicating EACH SERIOUSNESS LEVEL liquor or any drug (RCW XVI Aggravated Murder 1 (RCW 79A.60.050) 10.95.020) Inciting Criminal Profiteering (RCW XV Homicide by abuse (RCW 9A.32.055) 9A.82.060(1)(b)) Malicious placement of an explosive 2 Malicious explosion 1 (RCW (RCW 70.74.270(2)) 70.74.280(1)) Robbery 1 (RCW 9A.56.200) Murder 1 (RCW 9A.32.030) Sexual Exploitation (RCW 9.68A.040) XIV Murder 2 (RCW 9A.32.050) VIII Arson 1 (RCW 9A.48.020)

8 JOURNAL OF THE SENATE Commercial Sexual Abuse of a Minor Rape of a Child 3 (RCW 9A.44.079) (RCW 9.68A.100) Homicide by Watercraft, by the Theft of a Firearm (RCW 9A.56.300) operation of any vessel in a reckless manner (RCW Unlawful Storage of Ammonia (RCW 79A.60.050) 69.55.020) Manslaughter 2 (RCW 9A.32.070) V Abandonment of Dependent Person 2 (RCW 9A.42.070) Promoting Prostitution 1 (RCW Advancing money or property for 9A.88.070) extortionate extension of credit Theft of Ammonia (RCW 69.55.010) (RCW 9A.82.030) Bail Jumping with class A Felony Vehicular Homicide, by the operation (RCW 9A.76.170(3)(b)) of any vehicle in a reckless manner Child Molestation 3 (RCW 9A.44.089) (RCW 46.61.520) VII Burglary 1 (RCW 9A.52.020) Criminal Mistreatment 2 (RCW 9A.42.030) Child Molestation 2 (RCW 9A.44.086) Custodial Sexual Misconduct 1 (RCW 9A.44.160) Civil Disorder Training (RCW Dealing in Depictions of Minor 9A.48.120) Engaged in Sexually Explicit Dealing in depictions of minor engaged Conduct 2 (RCW 9.68A.050(2)) in sexually explicit conduct 1 Domestic Violence Court Order (RCW 9.68A.050(1)) Violation (RCW 10.99.040, Drive-by Shooting (RCW 9A.36.045) 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, Homicide by Watercraft, by disregard or 74.34.145) for the safety of others (RCW Driving While Under the Influence 79A.60.050) (RCW 46.61.502(6)) Indecent Liberties (without forcible Extortion 1 (RCW 9A.56.120) compulsion) (RCW 9A.44.100(1) (b) and (c)) Extortionate Extension of Credit (RCW Introducing Contraband 1 (RCW 9A.82.020) 9A.76.140) Extortionate Means to Collect Malicious placement of an explosive 3 Extensions of Credit (RCW (RCW 70.74.270(3)) 9A.82.040) Negligently Causing Death By Use of a Incest 2 (RCW 9A.64.020(2)) Signal Preemption Device (RCW 46.37.675) Kidnapping 2 (RCW 9A.40.030) Sending, bringing into state depictions of minor engaged in sexually Perjury 1 (RCW 9A.72.020) explicit conduct 1 (RCW 9.68A.060(1)) Persistent prison misbehavior (RCW Unlawful Possession of a Firearm in 9.94.070) the first degree (RCW 9.41.040(1)) Physical Control of a Vehicle While Use of a Machine Gun in Commission Under the Influence (RCW of a Felony (RCW 9.41.225) 46.61.504(6)) Vehicular Homicide, by disregard for Possession of a Stolen Firearm (RCW the safety of others (RCW 9A.56.310) 46.61.520) Rape 3 (RCW 9A.44.060) VI Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) Rendering Criminal Assistance 1 Bribery (RCW 9A.68.010) (RCW 9A.76.070) Sending, Bringing into State Depictions Incest 1 (RCW 9A.64.020(1)) of Minor Engaged in Sexually Explicit Conduct 2 (RCW Intimidating a Judge (RCW 9A.72.160) 9.68A.060(2)) Sexual Misconduct with a Minor 1 Intimidating a Juror/Witness (RCW (RCW 9A.44.093) 9A.72.110, 9A.72.130) Sexually Violating Human Remains Malicious placement of an imitation (RCW 9A.44.105) device 2 (RCW 70.74.272(1)(b)) Stalking (RCW 9A.46.110) Possession of Depictions of a Minor Engaged in Sexually Explicit Taking Motor Vehicle Without Conduct 1 (RCW 9.68A.070(1)) Permission 1 (RCW 9A.56.070)

JOURNAL OF THE SENATE 9 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION IV Arson 2 (RCW 9A.48.030) any drug, or by the operation or driving of a vehicle in a reckless Assault 2 (RCW 9A.36.021) manner (RCW 46.61.522) Viewing of Depictions of a Minor Assault 3 (of a Peace Officer with a Engaged in Sexually Explicit Projectile Stun Gun) (RCW Conduct 1 (RCW 9.68A.075(1)) 9A.36.031(1)(h)) Willful Failure to Return from Assault by Watercraft (RCW Furlough (RCW 72.66.060) 79A.60.060) III Animal Cruelty 1 (Sexual Conduct or Bribing a Witness/Bribe Received by Contact) (RCW 16.52.205(3)) Witness (RCW 9A.72.090, Assault 3 (Except Assault 3 of a Peace 9A.72.100) Officer With a Projectile Stun Cheating 1 (RCW 9.46.1961) Gun) (RCW 9A.36.031 except subsection (1)(h)) Commercial Bribery (RCW 9A.68.060) Assault of a Child 3 (RCW 9A.36.140)

Counterfeiting (RCW 9.16.035(4)) Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) Endangerment with a Controlled Burglary 2 (RCW 9A.52.030) Substance (RCW 9A.42.100) Escape 1 (RCW 9A.76.110) Communication with a Minor for Immoral Purposes (RCW Hit and Run--Injury (RCW 9.68A.090) 46.52.020(4)(b)) Criminal Gang Intimidation (RCW Hit and Run with Vessel--Injury 9A.46.120) Accident (RCW 79A.60.200(3)) Custodial Assault (RCW 9A.36.100) Identity Theft 1 (RCW 9.35.020(2)) Cyberstalking (subsequent conviction Indecent Exposure to Person Under or threat of death) (RCW Age Fourteen (subsequent sex 9.61.260(3)) offense) (RCW 9A.88.010) Escape 2 (RCW 9A.76.120) Influencing Outcome of Sporting Event (RCW 9A.82.070) Extortion 2 (RCW 9A.56.130) Malicious Harassment (RCW 9A.36.080) Harassment (RCW 9A.46.020) Possession of Depictions of a Minor Engaged in Sexually Explicit Intimidating a Public Servant (RCW Conduct 2 (RCW 9.68A.070(2)) 9A.76.180) Residential Burglary (RCW Introducing Contraband 2 (RCW 9A.52.025) 9A.76.150) Robbery 2 (RCW 9A.56.210) Malicious Injury to Railroad Property (RCW 81.60.070) Theft of Livestock 1 (RCW 9A.56.080) Mortgage Fraud (RCW 19.144.080)

10 JOURNAL OF THE SENATE Tampering with a Witness (RCW Theft of a Motor Vehicle (RCW 9A.72.120) 9A.56.065) Telephone Harassment (subsequent Theft of Rental, Leased, or Lease-purchased conviction or threat of death) Property (valued at one (RCW 9.61.230(2)) thousand five hundred dollars or Theft of Livestock 2 (RCW 9A.56.083) more) (RCW 9A.56.096(5)(a)) Theft with the Intent to Resell 2 (RCW Theft with the Intent to Resell 1 (RCW 9A.56.340(3)) 9A.56.340(2)) Trafficking in Insurance Claims (RCW Trafficking in Stolen Property 2 (RCW 48.30A.015) 9A.82.055) Unlawful factoring of a credit card or Unlawful Hunting of Big Game 1 payment card transaction (RCW (RCW 77.15.410(3)(b)) 9A.56.290(4)(a)) Unlawful Imprisonment (RCW Unlawful Participation of Non-Indians 9A.40.040) in Indian Fishery (RCW Unlawful Misbranding of Food Fish or 77.15.570(2)) Shellfish 1 (section 7(3) of this act) Unlawful Practice of Law (RCW Unlawful possession of firearm in the 2.48.180) second degree (RCW 9.41.040(2)) Unlicensed Practice of a Profession or Unlawful Taking of Endangered Fish Business (RCW 18.130.190(7)) or Wildlife 1 (RCW Unlawful Purchase or Use of a License 77.15.120(3)(b)) (RCW 77.15.650(3)(b)) Unlawful Trafficking in Fish, Shellfish, Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW or Wildlife 2 (RCW 77.15.260(3)(b)) 77.15.260(3)(a)) Unlawful Use of a Nondesignated Voyeurism (RCW 9A.44.115) Vessel (RCW 77.15.530(4)) Vehicular Assault, by the operation or I Attempting to Elude a Pursuing Police driving of a vehicle with disregard Vehicle (RCW 46.61.024) for the safety of others (RCW False Verification for Welfare (RCW 46.61.522) 74.08.055) Willful Failure to Return from Work Forgery (RCW 9A.60.020) Release (RCW 72.65.070) II Commercial Fishing Without a License Fraudulent Creation or Revocation of a 1 (RCW 77.15.500(3)(b)) Mental Health Advance Directive Computer Trespass 1 (RCW (RCW 9A.60.060) 9A.52.110) Malicious Mischief 2 (RCW Counterfeiting (RCW 9.16.035(3)) 9A.48.080) Mineral Trespass (RCW 78.44.330) Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) Possession of Stolen Property 2 (RCW Escape from Community Custody 9A.56.160) (RCW 72.09.310) Reckless Burning 1 (RCW 9A.48.040) Failure to Register as a Sex Offender (second or subsequent offense) Spotlighting Big Game 1 (RCW (RCW 9A.44.132) 77.15.450(3)(b)) Health Care False Claims (RCW Suspension of Department Privileges 1 48.80.030) (RCW 77.15.670(3)(b)) Identity Theft 2 (RCW 9.35.020(3)) Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) Improperly Obtaining Financial Theft 2 (RCW 9A.56.040) Information (RCW 9.35.010) Malicious Mischief 1 (RCW Theft of Rental, Leased, or Lease-purchased 9A.48.070) Property (valued at two Organized Retail Theft 2 (RCW hundred fifty dollars or more but 9A.56.350(3)) less than one thousand five Possession of Stolen Property 1 (RCW hundred dollars) (RCW 9A.56.150) 9A.56.096(5)(b)) Possession of a Stolen Vehicle (RCW Transaction of insurance business 9A.56.068) beyond the scope of licensure Retail Theft with Extenuating (RCW 48.17.063) Circumstances 2 (RCW Unlawful Fish and Shellfish Catch 9A.56.360(3)) Accounting (RCW Theft 1 (RCW 9A.56.030) 77.15.630(3)(b)) Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

JOURNAL OF THE SENATE 11 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Unlawful Possession of Fictitious Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Identification (RCW 9A.56.320) McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Unlawful Possession of Instruments of Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Financial Fraud (RCW 9A.56.320) Shin, Smith and Tom Unlawful Possession of Payment Excused: Senators Carrell and Chase Instruments (RCW 9A.56.320) SUBSTITUTE HOUSE BILL NO. 1200, having received the Unlawful Possession of a Personal constitutional majority, was declared passed. There being no Identification Device (RCW objection, the title of the bill was ordered to stand as the title of 9A.56.320) the act. Unlawful Production of Payment Instruments (RCW 9A.56.320) SECOND READING Unlawful Release of Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) SUBSTITUTE HOUSE BILL NO. 1466, by House Unlawful Trafficking in Food Stamps Committee on Capital Budget (originally sponsored by (RCW 9.91.142) Representatives Haigh, Warnick, Dunshee, Fey, Kristiansen and Unlawful Use of Food Stamps (RCW Reykdal) 9.91.144) Unlawful Use of Net to Take Fish 1 Revising alternative public works contracting procedures. (RCW 77.15.580(3)(b)) Unlawful Use of Prohibited Aquatic The measure was read the second time. Animal Species (RCW 77.15.253(3)) MOTION Vehicle Prowl 1 (RCW 9A.52.095) Senator Dammeier moved that the following committee Violating Commercial Fishing Area or striking amendment by the Committee on Ways & Means be Time 1 (RCW 77.15.550(3)(b)) adopted: NEW SECTION. Sec. 9. RCW 69.04.315 Strike everything after the enacting clause and insert the (Halibut--Misbranding by failure to show proper name) and 1967 following: ex.s. c 79 s 1 are each repealed." "Sec. 1. RCW 39.10.210 and 2010 1st sp.s. c 36 s 6014 are On page 1, line 1 of the title, after "seafood;" strike the each reenacted and amended to read as follows: remainder of the title and insert "amending RCW 69.04.060, Unless the context clearly requires otherwise, the definitions in 69.04.928, 69.04.932, 69.04.933, 69.04.934, and 69.04.935; this section apply throughout this chapter. reenacting and amending RCW 9.94A.515; adding a new section to (1) "Alternative public works contracting procedure" means the chapter 69.04 RCW; repealing RCW 69.04.315; and prescribing design-build, general contractor/construction manager, and job penalties." order contracting procedures authorized in RCW 39.10.300, Senators Pearson and Hargrove spoke in favor of the motion. 39.10.340, and 39.10.420, respectively. (2) "Board" means the capital projects advisory review board. The President declared the question before the Senate to be (3) "Certified public body" means a public body certified to use the motion by Senator Pearson to not adopt the committee design-build or general contractor/construction manager contracting striking amendment by the Committee on Natural Resources & procedures, or both, under RCW 39.10.270. Parks to Substitute House Bill No. 1200. (4) "Committee," unless otherwise noted, means the project The motion by Senator Pearson carried and the committee review committee. striking amendment was not adopted by voice vote. (5) "Design-build procedure" means a contract between a public body and another party in which the party agrees to both design and MOTION build the facility, portion of the facility, or other item specified in the contract. On motion of Senator Pearson, the rules were suspended, (6) "Disadvantaged business enterprise" means any business Substitute House Bill No. 1200 was advanced to third reading, the entity certified with the office of minority and women's business second reading considered the third and the bill was placed on enterprises under chapter 39.19 RCW. final passage. (7) "General contractor/construction manager" means a firm Senators Pearson and Rolfes spoke in favor of passage of the with which a public body has selected ((and negotiated a maximum bill. allowable construction cost)) to provide services during the design phase and negotiated a maximum allowable construction cost to act The President declared the question before the Senate to be as construction manager and general contractor during the the final passage of Substitute House Bill No. 1200. construction phase. (((7))) (8) "Job order contract" means a contract in which the ROLL CALL contractor agrees to a fixed period, indefinite quantity delivery order contract which provides for the use of negotiated, definitive work The Secretary called the roll on the final passage of Substitute orders for public works as defined in RCW 39.04.010. House Bill No. 1200 and the bill passed the Senate by the (((8))) (9) "Job order contractor" means a registered or licensed following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. contractor awarded a job order contract. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, (((9))) (10) "Maximum allowable construction cost" means the Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, maximum cost of the work to construct the project including a Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, percentage for risk contingency, negotiated support services, and Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, approved change orders.

12 JOURNAL OF THE SENATE (((10))) (11) "Negotiated support services" means items a Washington state association of counties((, and the Washington general contractor would normally manage or perform on a public ports association, respectively.)); construction project including, but not limited to surveying, (c) ((One member shall be a representative from the public hoisting, safety enforcement, provision of toilet facilities, temporary hospital districts, selected by the association of Washington public heat, cleanup, and trash removal, and that are negotiated as part of hospital districts. the maximum allowable construction cost. (d))) One member representing public ports, selected by the (((11))) (12) "Percent fee" means the percentage amount to be Washington public ports association; earned by the general contractor/construction manager as overhead (d) One member representing public hospital districts, selected and profit. by the association of Washington public hospital districts; (((12))) (13) "Public body" means any general or special (e) One member ((shall be a representative from)) representing purpose government in the state of Washington, including but not school districts, selected by the Washington state school directors' limited to state agencies, institutions of higher education, counties, association((.)); and cities, towns, ports, school districts, and special purpose districts((, (((e) The board shall include)) (f) Two members of the house of provided that for the 2009-2011 fiscal biennium, the definition of representatives, one from each major caucus, appointed by the public body for this chapter does not include public bodies funded in speaker of the house of representatives, and two members of the section 1012, chapter 36, Laws of 2010 1st sp. sess. if alternative senate, one from each major caucus, appointed by the president of requirements or procedures of federal law or regulations are the senate. Legislative members are nonvoting. authorized)). (3) Members selected under subsection (2)(a) of this section (((13))) (14) "Public works project" means any work for a shall serve for terms of four years, with the terms expiring on June public body within the definition of "public work" in RCW 30th on the fourth year of the term. 39.04.010. (4) The board chair is selected from among the appointed (((14))) (15) "Small business entity" means a small business as members by the majority vote of the voting members. defined in RCW 39.26.010. (5) Legislative members of the board shall be reimbursed for (16) "Total contract cost" means the fixed amount for the travel expenses in accordance with RCW 44.04.120. detailed specified general conditions work, the negotiated maximum Nonlegislative members of the board, project review committee allowable construction cost, and the percent fee on the negotiated members, and ((subcommittee)) committee chairs shall be maximum allowable construction cost. reimbursed for travel expenses as provided in RCW 43.03.050 and (((15))) (17) "Total project cost" means the cost of the project 43.03.060. less financing and land acquisition costs. (6) ((If a vacancy occurs of the appointive members of the (((16))) (18) "Unit price book" means a book containing specific board, the governor shall fill the vacancy for the unexpired term.)) prices, based on generally accepted industry standards and Vacancies are filled in the same manner as appointed. Members of information, where available, for various items of work to be the board may be removed for malfeasance or misfeasance in office, performed by the job order contractor. The prices may include: upon specific written charges by the governor, under chapter 34.05 All the costs of materials; labor; equipment; overhead, including RCW. bonding costs; and profit for performing the items of work. The (7) The board shall meet as often as necessary. unit prices for labor must be at the rates in effect at the time the (8) Board members are expected to consistently attend board individual work order is issued. meetings. The chair of the board may ask the governor to remove (((17))) (19) "Work order" means an order issued for a definite any member who misses more than two meetings in any calendar scope of work to be performed pursuant to a job order contract. year without cause. Sec. 2. RCW 39.10.220 and 2007 c 494 s 102 are each (9) The department of ((general administration)) enterprise amended to read as follows: services shall provide staff support as may be required for the proper (1) The board is created in the department of ((general discharge of the function of the board. administration)) enterprise services to provide an evaluation of (10) The board may establish ((subcommittees)) committees as public capital projects construction processes, including the impact it desires and may invite nonmembers of the board to serve as of contracting methods on project outcomes, and to advise the committee members. legislature on policies related to public works delivery methods. (11) The board shall encourage participation from persons and (2) Members of the board are appointed as follows: entities not represented on the board. (a) ((The board shall consist of the following members appointed by Sec. 3. RCW 39.10.230 and 2010 1st sp.s. c 21 s 3 are each the governor:)) Two representatives from construction general amended to read as follows: contracting; one representative from the architectural profession; The board has the following powers and duties: one representative from the engineering profession; two (1) Develop and recommend to the legislature policies to further representatives from construction specialty subcontracting; two enhance the quality, efficiency, and accountability of capital representatives from construction trades labor organizations; one construction projects through the use of traditional and alternative representative from the office of minority and women's business delivery methods in Washington, and make recommendations enterprises; one representative from a higher education institution; regarding expansion, continuation, elimination, or modification of one representative from the department of ((general administration)) the alternative public works contracting methods; enterprise services; one individual representing Washington cities; (2) Evaluate the use of existing contracting procedures and the two representatives from private industry; and one representative of potential future use of other alternative contracting procedures a domestic insurer authorized to write surety bonds for contractors including competitive negotiation contracts; in Washington state, each appointed by the governor. All (3) Submit recommendations to the appropriate committees of appointed members must be knowledgeable about public works the legislature evaluating alternative contracting procedures that are contracting procedures. If a vacancy occurs, the governor shall fill not authorized under this chapter; the vacancy for the unexpired term; (4) Appoint members of ((the)) committees; and (b) ((Three members shall be positions representing different (5) Develop and administer questionnaires designed to provide local public owners, selected by the association of Washington quantitative and qualitative data on alternative public works cities,)) One member representing counties, selected by the contracting procedures on which evaluations are based.

JOURNAL OF THE SENATE 13 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Sec. 4. RCW 39.10.240 and 2007 c 494 s 104 are each regarding the committee's review procedure of these projects and its amended to read as follows: recommendations for further use; and (1) The board shall establish a project review committee to (((5))) (4) Review and approve not more than two design-build review and approve public works projects using the design-build demonstration projects that include procurement of operations and and general contractor/construction manager contracting procedures maintenance services for a period longer than three years. authorized in RCW 39.10.300 and 39.10.340 and to certify public Sec. 6. RCW 39.10.260 and 2007 c 494 s 106 are each bodies as provided in RCW 39.10.270. amended to read as follows: (2) The board shall, by a majority vote of the board, appoint (1) The committee shall hold regular public meetings to carry persons to the committee who are knowledgeable in the use of the out its duties as described in RCW 39.10.250. Committee meetings design-build and general contractor/construction manager are subject to chapter 42.30 RCW. contracting procedures. Appointments must represent a balance (2) The committee shall publish notice of its public meetings at among the industries and public owners on the board listed in RCW least twenty days before the meeting in a legal newspaper circulated 39.10.220. in the area where the public body seeking certification is located, or (a) ((When making initial appointments to the committee, the where each of the proposed projects under consideration will be board shall consider for appointment former members of the school constructed. All meeting notices must be posted on the district project review board and the public hospital district project committee's web site. review board. (3) The meeting notice must identify the public body that is (b))) Each member of the committee shall be appointed for a seeking certification or project approval, and where applicable, a term of three years. However, for initial appointments, the board description of projects to be considered at the meeting. The notice shall stagger the appointment of committee members so that the first must indicate when, where, and how the public may present members are appointed to serve terms of one, two, or three years comments regarding the committee's certification of a public body from the date of appointment. Appointees may be reappointed to or approval of a project. Information submitted by a public body to serve more than one term. be reviewed at the meeting shall be available on the committee's (((c))) (b) The committee shall, by a majority vote, elect a chair web site at the time the notice is published. and vice chair for the committee. (4) The committee must allow for public comment on the (((d))) (c) The committee chair may select a person or persons appropriateness of certification of a public body or on the on a temporary basis as a nonvoting member if project specific appropriateness of the use of the proposed contracting procedure expertise is needed to assist in a review. and the qualifications of a public body to use the contracting (3) The chair of the committee, in consultation with the vice procedure. The committee shall receive and record both written chair, may appoint one or more panels of at least six committee and oral comments at the public ((hearing)) meeting. members to carry out the duties of the committee. Each panel shall Sec. 7. RCW 39.10.270 and 2009 c 75 s 3 are each amended have balanced representation of the private and public sector to read as follows: representatives serving on the committee. (1) A public body may apply for certification to use the (4) Any member of the committee directly or indirectly design-build or general contractor/construction manager contracting affiliated with a submittal before the committee must recuse himself procedure, or both. Once certified, a public body may use the or herself from the committee consideration of that submittal. contracting procedure for which it is certified on individual projects (5) Any person who sits on the committee or panel is not ((with a total project cost over ten million dollars)) without seeking precluded from subsequently bidding on or participating in projects committee approval((. The certification period is)) for a period of that have been reviewed by the committee. three years. Public bodies certified to use the design-build procedure (6) The committee shall meet as often as necessary to ensure are limited to no more than five projects with a total project cost that certification and approvals are completed in a timely manner. between two and ten million dollars during the certification period. Sec. 5. RCW 39.10.250 and 2009 c 75 s 2 are each amended A public body seeking certification must submit to the committee an to read as follows: application in a format and manner as prescribed by the committee. The committee shall: The application must include a description of the public body's (1) Certify, or ((recertify)) renew certification for, public bodies qualifications, its capital plan during the certification period, and its ((for a period of three years)) to use ((the)) design-build or general intended use of alternative contracting procedures. contractor/construction manager contracting procedures, or both((, (2) A public body seeking certification for the design-build contracting procedures for projects with a total project cost of ten procedure must demonstrate successful management of at least one million dollars or more)); design-build project within the previous five years. A public body (2) Review and approve the use of the design-build or general seeking certification for the general contractor/construction contractor/construction manager contracting procedures on a project manager procedure must demonstrate successful management of at by project basis for public bodies that are not certified under RCW least one general contractor/construction manager project within the 39.10.270; previous five years. (3) ((Review and approve the use of the general (3) To certify a public body, the committee shall determine that contractor/construction manager contracting procedure by certified the public body: public bodies for projects with a total project cost under ten million (a) Has the necessary experience and qualifications to determine dollars; which projects are appropriate for using alternative contracting (4))) Review and approve not more than ((ten)) fifteen projects procedures; using the design-build contracting procedure by ((certified and)) (b) Has the necessary experience and qualifications to carry out noncertified public bodies for projects that have a total project cost the alternative contracting procedure including, but not limited to: between two million and ten million dollars. Projects must meet (i) Project delivery knowledge and experience; (ii) personnel with the criteria in RCW 39.10.300(1). Where possible, the committee appropriate construction experience; (iii) a management plan and shall approve projects among multiple public bodies. ((In June rationale for its alternative public works projects; (iv) demonstrated 2010)) At least annually, the committee shall report to the board success in managing public works projects; (v) the ability to properly manage its capital facilities plan including, but not limited

14 JOURNAL OF THE SENATE to, appropriate project planning and budgeting experience; and (vi) (e) The public body has resolved any audit findings related to the ability to meet requirements of this chapter; and previous public works projects in a manner satisfactory to the (c) Has resolved any audit findings on previous public works committee. projects in a manner satisfactory to the committee. (3) The committee shall, if practicable, make its determination (4) The committee shall, if practicable, make its determination at the public meeting during which a submittal is reviewed. Public at the public meeting during which an application for certification is comments must be considered before a determination is made. reviewed. Public comments must be considered before a (4) Within ten business days after the public meeting, the determination is made. Within ten business days of the public committee shall provide a written determination to the public body, meeting, the committee shall provide a written determination to the and make its determination available to the public on the public body, and make its determination available to the public on committee's web site. If the committee fails to make a written the committee's web site. determination within ten business days of the public meeting, the (5) The committee may revoke any public body's certification request of the public body to use the alternative contracting upon a finding, after a public hearing, that its use of design-build or procedure on the requested project shall be deemed approved. general contractor/construction manager contracting procedures no (5) ((The requirements of subsection (1) of this section also longer serves the public interest. apply to certified public bodies seeking to use the general (6) The committee may renew the certification of a public body contractor/construction manager contracting procedure on projects for ((one)) additional three-year periods. The public body must with a total project cost of less than ten million dollars. submit an application for recertification at least three months before (6))) Failure of the committee to meet within sixty calendar days the initial certification expires. The application shall include of a public body's application to use an alternative contracting updated information on the public body's ((capital plan for the next procedure on a project shall be deemed an approval of the three years, its intended use of the procedures)) experience and application. current staffing with the procedure it is applying to renew, and any Sec. 9. RCW 39.10.300 and 2009 c 75 s 4 are each amended other information requested in advance by the committee. The to read as follows: committee must review the application for recertification at a (1) Subject to the ((process)) requirements in RCW 39.10.250, meeting held before expiration of the applicant's initial certification 39.10.270, or 39.10.280, public bodies may utilize the design-build period. A public body must reapply for certification under the procedure for public works projects in which the total project cost is process described in subsection (1) of this section once the period of over ten million dollars and where: recertification expires. (a) The ((design and construction activities, technologies, or (7) Certified public bodies must submit project data information schedule to be used are highly specialized and a design-build as required in RCW 39.10.320 and 39.10.350. approach is critical in developing the construction methodology or Sec. 8. RCW 39.10.280 and 2007 c 494 s 108 are each implementing the proposed technology)) construction activities are amended to read as follows: highly specialized and a design-build approach is critical in (1) A public body not certified under RCW 39.10.270 must developing the construction methodology; or apply for approval from the committee to use the design-build or (b) The ((project design is repetitive in nature and is an general contractor/construction manager contracting procedure on a incidental part of the installation or construction)) projects selected project. A public body seeking approval must submit to the provide opportunity for greater innovation or efficiencies between committee an application in a format and manner as prescribed by the designer and the builder; or the committee. The application must include a description of the (c) ((Regular interaction with and feedback from facilities users public body's qualifications, a description of the project, and its and operators during design is not critical to an effective facility intended use of alternative contracting procedures. design.)) Significant savings in project delivery time would be (2) To approve a proposed project, the committee shall realized. determine that: (2) Subject to the process in RCW 39.10.270 or 39.10.280, (a) The alternative contracting procedure will provide a public bodies may use the design-build procedure for parking substantial fiscal benefit or the use of the traditional method of garages, regardless of cost. awarding contracts in lump sum to the low responsive bidder is not (3) The design-build procedure may be used for the construction practical for meeting desired quality standards or delivery or erection of portable facilities as defined in WAC 392-343-018, schedules; preengineered metal buildings, or not more than ten prefabricated (b) The proposed project meets the requirements for using the modular buildings per installation site, regardless of cost and is not alternative contracting procedure as described in RCW 39.10.300 or subject to approval by the committee. 39.10.340; (4) Except for utility projects and approved demonstration (c) The public body has the necessary experience or qualified projects, the design-build procedure may not be used to procure team to carry out the alternative contracting procedure including, operations and maintenance services for a period longer than three but not limited to: (i) Project delivery knowledge and experience; years. State agency projects that propose to use the (ii) sufficient personnel with construction experience to administer design-build-operate-maintain procedure shall submit cost estimates the contract; (iii) a written management plan that shows clear and for the construction portion of the project consistent with the office logical lines of authority; (iv) the necessary and appropriate funding of financial management's capital budget requirements. Operations and time to properly manage the job and complete the project; (v) and maintenance costs must be shown separately and must not be continuity of project management team, including personnel with included as part of the capital budget request. experience managing projects of similar scope and size to the (5) Subject to the process in RCW 39.10.280, public bodies may project being proposed; and (vi) necessary and appropriate use the design-build procedure for public works projects in which construction budget; the total project cost is between two million and ten million dollars (d) For design-build projects, ((construction)) public body and that meet one of the criteria in subsection (1)(a), (b), or (c) of personnel ((independent of the design-build team)) or consultants this section. are knowledgeable in the design-build process and are able to (6) Subject to the process in RCW 39.10.280, a public body may oversee and administer the contract; and seek committee approval for a design-build demonstration project

JOURNAL OF THE SENATE 15 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION that includes procurement of operations and maintenance services may award the contract to the firm that submits the responsive for a period longer than three years. proposal with the lowest price; Sec. 10. RCW 39.10.320 and 2007 c 494 s 203 are each (e) Protest procedures including time limits for filing a protest, amended to read as follows: which in no event may limit the time to file a protest to fewer than (1) A public body utilizing the design-build contracting four business days from the date the proposer was notified of the procedure shall provide ((for)): selection decision; (a) Reasonable budget contingencies totaling not less than five (f) The form of the contract to be awarded; percent of the anticipated contract value; (((f))) (g) The ((amount)) honorarium to be paid to finalists (b) ((Employment of)) Staff or consultants with expertise and submitting responsive proposals and who are not awarded a prior experience in the management of comparable projects; design-build contract; (c) Contract documents that include alternative dispute (((g))) (h) The schedule for the procurement process and the resolution procedures to be attempted prior to the initiation of project; and litigation; (((h))) (i) Other information relevant to the project. (d) Submission of project information, as required by the board; (2) The public body shall establish an evaluation committee to and evaluate the responses to the request for qualifications based solely (e) Contract documents that require the contractor, on the factors, weighting, and process identified in the request for subcontractors, and designers to submit project information required qualifications and any addenda issued by the public body. Based by the board. on the evaluation committee's findings, the public body shall select (2) A public body utilizing the design-build contracting not more than five responsive and responsible finalists to submit procedure may provide incentive payments to contractors for early proposals. The public body may, in its sole discretion, reject all completion, cost savings, or other goals if such payments are proposals and shall provide its reasons for rejection in writing to all identified in the request for proposals. proposers. Sec. 11. RCW 39.10.330 and 2009 c 75 s 5 are each amended (3) The public body must notify all proposers of the finalists to read as follows: selected to move to the next phase of the selection process. The (1) Contracts for design-build services shall be awarded through process may not proceed to the next phase until two business days a competitive process using public solicitation of proposals for after all proposers are notified of the committee's selection decision. design-build services. The public body shall publish at least once At the request of a proposer not selected as a finalist, the public body in a legal newspaper of general circulation published in, or as near as must provide the requesting proposer with a scoring summary of the possible to, that part of the county in which the public work will be evaluation factors for its proposal. Proposers filing a protest on the done, a notice of its request for qualifications from proposers for selection of the finalists must file the protest in accordance with the design-build services, and the availability and location of the request published protest procedures. The selection process may not for proposal documents. The request for qualifications documents advance to the next phase of selection until two business days after shall include: the final protest decision is transmitted to the protestor. (a) A general description of the project that provides sufficient (4) Upon selection of the finalists, the public body shall issue a information for proposers to submit qualifications; request for proposals to the finalists, which shall provide the (b) The reasons for using the design-build procedure; following information: (c) A description of the qualifications to be required of the (a) A detailed description of the project including proposer including, but not limited to, submission of the proposer's programmatic, performance, and technical requirements and accident prevention program; specifications; functional and operational elements; minimum and (d) A description of the process the public body will use to maximum net and gross areas of any building; and, at the discretion evaluate qualifications and finalists' proposals, including evaluation of the public body, preliminary engineering and architectural factors and the relative weight of factors and any specific forms to drawings; and be used by the proposers; (b) The target budget for the design-build portion of the project. (i) Evaluation factors for request for qualifications shall include, (((4))) (5) The public body shall establish an evaluation but not be limited to, technical qualifications, such as specialized committee to evaluate the proposals submitted by the finalists. experience and technical competence; capability to perform; past Design-build contracts shall be awarded using the procedures in (a) performance of the proposers' team, including the architect-engineer or (b) of this subsection. The public body must identify in the and construction members; and other appropriate factors. request for qualifications which procedure will be used. Evaluation factors may also include: (A) The proposer's past (a) The finalists' proposals shall be evaluated and scored based performance in utilization of small business entities; and (B) solely on the factors, weighting, and process identified in the initial disadvantaged business enterprises. Cost or price-related factors request for qualifications and in any addenda published by the are not permitted in the request for qualifications phase; public body. Public bodies may request best and final proposals (ii) Evaluation factors for finalists' proposals shall include, but from finalists. The public body ((shall)) may initiate negotiations not be limited to, the factors listed in (d)(i) of this subsection, as well with the firm submitting the highest scored proposal. If the public as technical approach design concept; ((proposal price;)) ability of body is unable to execute a contract with the firm submitting the professional personnel; past performance on similar projects; ability highest scored proposal, negotiations with that firm may be to meet time and budget requirements; ability to provide a suspended or terminated and the public body may proceed to performance and payment bond for the project; recent, current, and negotiate with the next highest scored firm. Public bodies shall projected workloads of the firm; ((and)) location; and cost or continue in accordance with this procedure until a contract price-related factors that may include operating costs. The public agreement is reached or the selection process is terminated. body may also consider a proposer's outreach plan to include small (b) If the public body determines that all finalists are capable of business entities and disadvantaged business enterprises as producing a design that adequately meets project requirements, the subcontractor and suppliers for the project. Alternatively, if the public body may award the contract to the firm that submits the public body determines that all finalists will be capable of producing responsive proposal with the lowest price. a design that adequately meets project requirements, the public body

16 JOURNAL OF THE SENATE (((5))) (6) The public body shall notify all finalists of the (((b))) (ii) The firm's past performance in negotiated and selection decision and make a selection summary of the final complex projects; proposals available to all proposers within two business days of such (((c))) (iii) The firm's ability to meet time and budget notification. If the public body receives a timely written protest requirements; from a finalist firm, the public body may not execute a contract until (((d))) (iv) The scope of work the firm proposes to self-perform two business days after the final protest decision is transmitted to the and its ability to perform that work; protestor. The protestor must submit its protest in accordance with (((e))) (v) The firm's proximity to the project location; the published protest procedures. (((f))) (vi) Recent, current, and projected workloads of the firm; (7) The firm awarded the contract shall provide a performance and and payment bond for the contracted amount. (((g))) (vii) The firm's approach to executing the project. (8) The public body shall provide appropriate honorarium payments (b) An agency may also consider the firm's outreach plan to to finalists submitting responsive proposals that are not awarded a include small business entities and disadvantaged business design-build contract. Honorarium payments shall be sufficient to enterprises, and the firm's past performance in the utilization of such generate meaningful competition among potential proposers on firms as an evaluation factor. design-build projects. In determining the amount of the (4) A public body shall establish a committee to evaluate the honorarium, the public body shall consider the level of effort proposals. After the committee has selected the most qualified required to meet the selection criteria. finalists, at the time specified by the public body, these finalists shall Sec. 12. RCW 39.10.340 and 2007 c 494 s 301 are each submit final proposals, including sealed bids for the percent fee on amended to read as follows: the estimated maximum allowable construction cost and the fixed Subject to the process in RCW 39.10.270 or 39.10.280, public amount for the general conditions work specified in the request for bodies may utilize the general contractor/construction manager proposal. The public body shall establish a time and place for the procedure for public works projects where at least one of the opening of sealed bids for the percent fee on the estimated following is met: maximum allowable construction cost and the fixed amount for the (1) Implementation of the project involves complex scheduling, general conditions work specified in the request for proposal. At phasing, or coordination; the time and place named, these bids must be publicly opened and (2) The project involves construction at an occupied facility read and the public body shall make all previous scoring available to which must continue to operate during construction; the public. The public body shall select the firm submitting the (3) The involvement of the general contractor/construction highest scored final proposal using the evaluation factors and the manager during the design stage is critical to the success of the relative weight of factors published in the public solicitation of project; proposals. A public body shall not evaluate or disqualify a (4) The project encompasses a complex or technical work proposal based on the terms of a collective bargaining agreement. environment; or (5) The public body shall notify all finalists of the selection (5) The project requires specialized work on a building that has decision and make a selection summary of the final proposals historic significance. available to all proposers within two business days of such Sec. 13. RCW 39.10.360 and 2009 c 75 s 6 are each amended notification. If the public body receives a timely written protest to read as follows: from a proposer, the public body may not execute a contract until (1) Public bodies should select general contractor/construction two business days after the final protest decision is transmitted to the managers early in the life of public works projects, and in most protestor. The protestor must submit its protest in accordance with situations no later than the completion of schematic design. the published protest procedures. (2) Contracts for the services of a general contractor/ (6) Public bodies may contract with the selected firm to provide construction manager under this section shall be awarded through a services during the design phase that may include life-cycle cost competitive process requiring the public solicitation of proposals for design considerations, value engineering, scheduling, cost general contractor/construction manager services. The public estimating, constructability, alternative construction options for cost solicitation of proposals shall include: savings, and sequencing of work, and to act as the construction (a) A description of the project, including programmatic, manager and general contractor during the construction phase. performance, and technical requirements and specifications when Sec. 14. RCW 39.10.380 and 2007 c 494 s 305 are each available; amended to read as follows: (b) The reasons for using the general contractor/construction (1) All subcontract work and equipment and material purchases manager procedure; shall be competitively bid with public bid openings. Subcontract (c) A description of the qualifications to be required of the firm, bid packages and equipment and materials purchases shall be including submission of the firm's accident prevention program; awarded to the responsible bidder submitting the lowest responsive (d) A description of the process the public body will use to bid. In preparing subcontract bid packages, the general evaluate qualifications and proposals, including evaluation factors contractor/construction manager shall not be required to violate or ((and)), the relative weight of factors, and protest procedures waive terms of a collective bargaining agreement. including time limits for filing a protest, which in no event may limit (2) All subcontract bid packages in which bidder eligibility was the time to file a protest to fewer than four business days from the not determined in advance shall include the specific objective date the proposer was notified of the selection decision; criteria that will be used by the general contractor/construction (e) The form of the contract, including any contract for manager and the public body to evaluate bidder responsibility. If preconstruction services, to be awarded; the lowest bidder submitting a responsive bid is determined by the (f) The estimated maximum allowable construction cost; and general contractor/construction manager and the public body not to (g) The bid instructions to be used by the general contractor/ be responsible, the general contractor/construction manager and the construction manager finalists. public body must provide written documentation to that bidder (3)(a) Evaluation factors for selection of the general explaining their intent to reject the bidder as not responsible and contractor/construction manager shall include, but not be limited to: afford the bidder the opportunity to establish that it is a responsible (((a))) (i) Ability of the firm's professional personnel; bidder. Responsibility shall be determined in accordance with criteria listed in the bid documents. Protests concerning bidder

JOURNAL OF THE SENATE 17 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION responsibility determination by the general contractor/construction evaluation; and protest procedures including time limits for filing a manager and the public body shall be in accordance with subsection protest, which may in no event, limit the time to file a protest to (4) of this section. fewer than four business days from the date the proposer was (3) All subcontractors who bid work over three hundred notified of the selection decision; thousand dollars shall post a bid bond. All subcontractors who are (b) Conduct a hearing and provide an opportunity for any awarded a contract over three hundred thousand dollars shall interested party to submit written and verbal comments regarding provide a performance and payment bond for the contract amount. the justification for using this selection process, the evaluation All other subcontractors shall provide a performance and payment criteria, ((and)) weights for each criteria, and protest procedures; bond if required by the general contractor/construction manager. (c) After the public hearing, consider the written and verbal (4) If the general contractor/construction manager receives a comments received and determine if using this alternative selection written protest from a subcontractor bidder or an equipment or process is in the best interests of the public; and material supplier, the general contractor/construction manager shall (d) Issue a written final determination to all interested parties. not execute a contract for the subcontract bid package or equipment All protests of the decision to use the alternative selection process or material purchase order with anyone other than the protesting must be in writing and submitted to the public body within seven bidder without first providing at least two full business days' written calendar days of the final determination. Any modifications to the notice to all bidders of the intent to execute a contract for the criteria ((and)), weights, and protest procedures based on comments subcontract bid package. The protesting bidder must submit received during the public hearing process must be included in the written notice of its protest no later than two full business days final determination. following the bid opening. Intermediate Saturdays, Sundays, and (2) Contracts for the services of a subcontractor under this legal holidays are not counted. section must be awarded through a competitive process requiring a (5) A low bidder who claims error and fails to enter into a public solicitation of proposals. Notice of the public solicitation of contract is prohibited from bidding on the same project if a second proposals must be provided to the office of minority and women's or subsequent call for bids is made for the project. business enterprises. The public solicitation of proposals must (6) The general contractor/construction manager may negotiate include: with the lowest responsible and responsive bidder to negotiate an (a) A description of the project, including programmatic, adjustment to the lowest bid or proposal price based upon agreed performance, and technical requirements and specifications when changes to the contract plans and specifications under the following available; conditions: (b) The reasons for using the alternative selection process; (a) All responsive bids or proposal prices exceed the available (c) A description of the minimum qualifications required of the funds((, as certified by an appropriate fiscal officer)); firm; (b) The apparent low responsive bid or proposal does not (d) A description of the process used to evaluate qualifications exceed the available funds by the greater of one hundred twenty-five and proposals, including evaluation factors and the relative weight thousand dollars or two percent for projects valued over ten million of factors; dollars; and (e) Protest procedures; (c) The negotiated adjustment will bring the bid or proposal (f) The form of the contract, including any contract for price within the amount of available funds. preconstruction services, to be awarded; (7) If the negotiation is unsuccessful, the subcontract work or (((f))) (g) The estimated maximum allowable subcontract cost; equipment or material purchases must be rebid. and (8) The general contractor/construction manager must provide a (((g))) (h) The bid instructions to be used by the finalists. written explanation if all bids are rejected. (3) Evaluation factors for selection of the subcontractor must Sec. 15. RCW 39.10.385 and 2010 c 163 s 1 are each include, but not be limited to: amended to read as follows: (a) Ability of the firm's professional personnel; As an alternative to the subcontractor selection process outlined (b) The firm's past performance on similar projects; in RCW 39.10.380, a general contractor/construction manager may, (c) The firm's ability to meet time and budget requirements; with the approval of the public body, select ((a)) mechanical (d) The scope of work the firm proposes to perform with its own subcontractors, ((an)) electrical subcontractors, or both, using the forces and its ability to perform that work; process outlined in this section. This alternative selection process (e) The firm's plan for outreach to minority and women-owned may only be used when the anticipated value of the subcontract will businesses; exceed three million dollars. When using the alternative selection (f) The firm's proximity to the project location; process, the general contractor/construction manager should select (g) The firm's capacity to successfully complete the project; the subcontractor early in the life of the public works project. (h) The firm's approach to executing the project; (1) In order to use this alternative selection process, the general (i) The firm's approach to safety on the project; contractor/construction manager and the public body must (j) The firm's safety history; and determine that it is in the best interest of the public. In making this (k) If the firm is selected as one of the most qualified finalists, determination the general contractor/construction manager and the the firm's fee and cost proposal. public body must: (4) The general contractor/construction manager shall establish (a) Publish a notice of intent to use this alternative selection a committee to evaluate the proposals. At least one representative process in a legal newspaper published in or as near as possible to from the public body shall serve on the committee. Final that part of the county where the public work will be constructed. proposals, including sealed bids for the percent fee on the estimated Notice must be published at least fourteen calendar days before maximum allowable subcontract cost, and the fixed amount for the conducting a public hearing. The notice must include the date, subcontract general conditions work specified in the request for time, and location of the hearing; a statement justifying the basis and proposal, will be requested from the most qualified firms. need for the alternative selection process; ((and)) how interested (5) The general contractor/construction manager must notify all parties may, prior to the hearing, obtain the evaluation criteria and proposers of the most qualified firms that will move to the next applicable weight given to each criteria that will be used for phase of the selection process. The process may not proceed to the

18 JOURNAL OF THE SENATE next phase until two business days after all proposers are notified of specifications are at least ninety percent complete. Final agreement the committee's selection decision. At the request of a proposer, the on the maximum allowable subcontract cost is subject to the general contractor/construction manager must provide the approval of the public body. requesting proposer with a scoring summary of the evaluation (((9))) (11) If the work of the mechanical contractor or electrical factors for its proposal. Proposers filing a protest on the selection contractor is completed for less than the maximum allowable of the most qualified finalists must file the protest with the public subcontract cost, any savings not otherwise negotiated as part of an body in accordance with the published protest procedures. The incentive clause becomes part of the risk contingency included in selection process may not advance to the next phase of selection the general contractor/construction manager's maximum allowable until two business days after the final protest decision issued by the construction cost. If the work of the mechanical contractor or the public body is transmitted to the protestor. electrical contractor is completed for more than the maximum (6) The general contractor/construction manager and the public allowable subcontract cost, the additional cost is the responsibility body shall select the firm submitting the highest scored final of that subcontractor. An independent audit, paid for by the public proposal using the evaluation factors and the relative weight of body, must be conducted ((upon completion of the contract)) to factors identified in the solicitation of proposals. The scoring of the confirm the proper accrual of costs as outlined in the contract. nonprice factors must be made available at the opening of the fee (((10))) (12) A mechanical or electrical contractor selected and cost proposals. The general contractor/construction manager under this section may perform work with its own forces. In the shall notify all proposers of the selection decision and make a event it elects to subcontract some of its work, it must select a selection summary of the final proposals, which shall be available to subcontractor utilizing the procedure outlined in RCW 39.10.380. all proposers within two business days of such notification. The Sec. 16. RCW 39.10.390 and 2007 c 494 s 306 are each general contractor/construction manager may not evaluate or amended to read as follows: disqualify a proposal based on the terms of a collective bargaining (1) Except as provided in this section, bidding on subcontract agreement. work or for the supply of equipment or materials by the general (((5))) (7) If the public body receives a timely written protest contractor/construction manager or its subsidiaries is prohibited. from a "most qualified firm," the general contractor/construction (2) The general contractor/construction manager, or its manager may not execute a contract for the protested subcontract subsidiaries, may bid on subcontract work or for the supply of work until two business days after the final protest decision issued equipment or materials if: by the public body is transmitted to the protestor. The protestor (a) The work within the subcontract bid package or equipment must submit its protest in accordance with the published protest or materials is customarily performed or supplied by the general procedures. contractor/construction manager; (8) If the general contractor/construction manager is unable to (b) The bid opening is managed by the public body and is in negotiate a satisfactory maximum allowable subcontract cost with compliance with RCW 39.10.380; and the firm selected deemed by public body and the general (c) Notification of the general contractor/construction manager's contractor/construction manager to be fair, reasonable, and within intention to bid is included in the public solicitation of bids for the the available funds, negotiations with that firm must be formally bid package or for the equipment or materials. terminated and the general contractor/construction manager may (3) In no event may the general contractor/construction manager negotiate with the next highest scored firm until an agreement is or its subsidiaries ((purchase equipment or materials for assignment reached or the process is terminated. to subcontract bid package bidders for installation or warranty)) (((6) If the general contractor/construction manager receives a assign warranty responsibility or the terms of its contract or written protest from a bidder, it may not execute a contract for the purchase order with vendors for equipment or material purchases to subject work with anyone other than the protesting bidder, without subcontract bid package bidders or subcontractors who have been first providing at least two full business days' written notice to all awarded a contract. The value of subcontract work performed and bidders of the intent to execute a contract for the subcontract bid equipment and materials supplied by the general package. The protesting bidder must submit written notice to the contractor/construction manager may not exceed thirty percent of general contractor/construction manager of its protest no later than the negotiated maximum allowable construction cost. Negotiated two full business days following the bid opening. support services performed by the general contractor/construction (7))) (9) With the approval of the public body, the general manager shall not be considered subcontract work for purposes of contractor/construction manager may contract with the selected firm this subsection. to provide preconstruction services during the design phase that may Sec. 17. RCW 39.10.400 and 2007 c 494 s 307 are each include life-cycle cost design considerations, value engineering, amended to read as follows: scheduling, cost estimating, constructability, alternative (1) If determination of subcontractor eligibility prior to seeking construction options for cost savings, and sequencing of work; and bids is in the best interest of the project and critical to the successful to act as the mechanical or electrical subcontractor during the completion of a subcontract bid package, the general construction phase. contractor/construction manager and the public body may determine (((8))) (10) The maximum allowable subcontract cost must be subcontractor eligibility to bid. The general used to establish a total subcontract cost for purposes of a contractor/construction manager and the public body must: performance and payment bond. Total subcontract cost means the (a) Conduct a hearing and provide an opportunity for any fixed amount for the detailed specified general conditions work, the interested party to submit written and verbal comments regarding negotiated maximum allowable subcontract cost, and the percent fee the justification for conducting bidder eligibility, the evaluation on the negotiated maximum allowable subcontract cost. Maximum criteria, and weights for each criteria and subcriteria; allowable subcontract cost means the maximum cost to complete (b) Publish a notice of intent to evaluate and determine bidder the work specified for the subcontract, including the estimated cost eligibility in a legal newspaper published in or as near as possible to of work to be performed by the subcontractor's own forces, a that part of the county where the public work will be constructed at percentage for risk contingency, negotiated support services, and least fourteen calendar days before conducting a public hearing; approved change orders. The maximum allowable subcontract cost (c) Ensure the public hearing notice includes the date, time, and must be negotiated between the general contractor/construction location of the hearing, a statement justifying the basis and need for manager and the selected firm when the construction documents and performing eligibility analysis before bid opening, and how

JOURNAL OF THE SENATE 19 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION interested parties may, at least five days before the hearing, obtain may be awarded under a job order contract for counties with a the specific eligibility criteria and applicable weights given to each population of more than one million is six million dollars per year criteria and subcriteria that will be used during evaluation; for a maximum of three years. (d) After the public hearing, consider written and verbal (2) Job order contracts may be executed for an initial contract comments received and determine if establishing bidder eligibility term of not to exceed two years, with the option of extending or in advance of seeking bids is in the best interests of the project and renewing the job order contract for one year. All extensions or critical to the successful completion of a subcontract bid package; renewals must be priced as provided in the request for proposals. and The extension or renewal must be mutually agreed to by the public (e) Issue a written final determination to all interested parties. body and the job order contractor. All protests of the decision to establish bidder eligibility before (3) A public body may have no more than two job order issuing a subcontractor bid package must be filed with the superior contracts in effect at any one time, with the exception of the court within seven calendar days of the final determination. Any department of ((general administration)) enterprise services, which modifications to the eligibility criteria and weights shall be based on may have four job order contracts in effect at any one time. comments received during the public hearing process and shall be (4) At least ninety percent of work contained in a job order included in the final determination. contract must be subcontracted to entities other than the job order (2) Determinations of bidder eligibility shall be in accordance contractor. The job order contractor must distribute contracts as with the evaluation criteria and weights for each criteria established equitably as possible among qualified and available subcontractors in the final determination and shall be provided to interested persons including minority and woman-owned subcontractors to the extent upon request. Any potential bidder determined not to meet permitted by law. eligibility criteria must be afforded ((the)) one opportunity to (5) The job order contractor shall publish notification of intent establish its eligibility. Protests concerning bidder eligibility to perform public works projects at the beginning of each contract determinations shall be in accordance with subsection (1) of this year in a statewide publication and in a legal newspaper of general section. circulation in every county in which the public works projects are Sec. 18. RCW 39.10.420 and 2012 c 102 s 1 are each anticipated. amended to read as follows: (6) Job order contractors shall pay prevailing wages for all work (1) The following public bodies of the state of Washington are that would otherwise be subject to the requirements of chapter 39.12 authorized to award job order contracts and use the job order RCW. Prevailing wages for all work performed pursuant to each contracting procedure: work order must be the rates in effect at the time the individual work (a) The department of enterprise services; order is issued. (b) The state universities, regional universities, and The (7) If, in the initial contract term, the public body, at no fault of Evergreen State College; the job order contractor, fails to issue the minimum amount of work (c) Sound transit (central Puget Sound regional transit orders stated in the public request for proposals, the public body authority); shall pay the contractor an amount equal to the difference between (d) Every city with a population greater than seventy thousand the minimum work order amount and the actual total of the work and any public authority chartered by such city under RCW orders issued multiplied by an appropriate percentage for overhead 35.21.730 through 35.21.755; and profit contained in the contract award coefficient for services as (e) Every county with a population greater than four hundred specified in the request for proposals. This is the contractor's sole fifty thousand; remedy. (f) Every port district with total revenues greater than fifteen (8) All job order contracts awarded under this section must be million dollars per year; signed before July 1, ((2013)) 2021; however the job order contract (g) Every public utility district with revenues from energy sales may be extended or renewed as provided for in this section. greater than twenty-three million dollars per year; (9) Public bodies may amend job order contracts awarded prior (h) Every school district; and to July 1, 2007, in accordance with this chapter. (i) The state ferry system. Sec. 20. RCW 39.10.490 and 2007 c 494 s 501 are each (2)(a) The department of enterprise services may issue job order amended to read as follows: contract work orders for Washington state parks department The alternative public works contracting procedures authorized projects. under this chapter are limited to public works contracts signed (b) The department of enterprise services, the University of before July 1, ((2013)) 2021. Methods of public works contracting Washington, and Washington State University may issue job order authorized under this chapter shall remain in full force and effect contract work orders for the state regional universities and The until completion of contracts signed before July 1, ((2013)) 2021. Evergreen State College. Sec. 21. RCW 43.131.407 and 2007 c 494 s 506 are each (3) Public bodies may use a job order contract for public works amended to read as follows: projects when a determination is made that the use of job order The alternative (([public])) public works contracting procedures contracts will benefit the public by providing an effective means of under chapter 39.10 RCW shall be terminated June 30, ((2013)) reducing the total lead-time and cost for the construction of public 2021, as provided in RCW 43.131.408. works projects for repair and renovation required at public facilities Sec. 22. RCW 43.131.408 and 2012 c 102 s 4 are each through the use of unit price books and work orders by eliminating amended to read as follows: time-consuming, costly aspects of the traditional public works The following acts or parts of acts, as now existing or hereafter process, which require separate contracting actions for each small amended, are each repealed, effective June 30, ((2014)) 2022: project. (1) RCW 39.10.200 and 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, Sec. 19. RCW 39.10.440 and 2007 c 494 s 403 are each & 1994 c 132 s 1; amended to read as follows: (2) RCW 39.10.210 and 2013 c ... s 1 (section 1 of this act), (1) The maximum total dollar amount that may be awarded 2010 1st sp.s. c 36 s 6014, 2007 c 494 s 101, & 2005 c 469 s 3; under a job order contract is four million dollars per year for a (3) RCW 39.10.220 and 2013 c ... s 2 (section 2 of this act), maximum of three years. The maximum total dollar amount that 2007 c 494 s 102, & 2005 c 377 s 1;

20 JOURNAL OF THE SENATE (4) RCW 39.10.230 and 2013 c ... s 3 (section 3 of this act), and any affected entities. The report must be prepared in the 2010 1st sp.s. c 21 s 3, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 manner set forth in RCW 44.28.071 and 44.28.075. s 2; (2) This section expires July 1, 2022. (5) RCW 39.10.240 and 2013 c ... s 4 (section 4 of this act) & NEW SECTION. Sec. 25. Section 24 of this act takes effect 2007 c 494 s 104; upon the expiration of RCW 43.131.051. (6) RCW 39.10.250 and 2013 c ... s 5 (section 5 of this act), NEW SECTION. Sec. 26. Sections 1 through 23 of this act 2009 c 75 s 2, & 2007 c 494 s 105; are necessary for the immediate preservation of the public peace, (7) RCW 39.10.260 and 2013 c ... s 6 (section 6 of this act) & health, or safety, or support of the state government and its existing 2007 c 494 s 106; public institutions, and take effect June 30, 2013." (8) RCW 39.10.270 and 2013 c ... s 7 (section 7 of this act), Senator Dammeier spoke in favor of adoption of the 2009 c 75 s 3, & 2007 c 494 s 107; committee striking amendment. (9) RCW 39.10.280 and 2013 c ... s 8 (section 8 of this act) & 2007 c 494 s 108; MOTION (10) RCW 39.10.290 and 2007 c 494 s 109; (11) RCW 39.10.300 and 2013 c ... s 9 (section 9 of this act), Senator Dammeier moved that the following committee 2009 c 75 s 4, & 2007 c 494 s 201; amendment to the committee striking amendment be adopted: (12) RCW 39.10.320 and 2013 c ... s 10 (section 10 of this act), On page 5, after line 24, insert the following: 2007 c 494 s 203, & 1994 c 132 s 7; "The Capital Projects Advisory Review Board is directed to (13) RCW 39.10.330 and 2013 c ... s 11 (section 11 of this act), review current statutes regarding life-cycle cost analysis and 2009 c 75 s 5, & 2007 c 494 s 204; energy efficiency as related to the design-build procurement (14) RCW 39.10.340 and 2013 c ... s 12 (section 12 of this act) method performed under RCW 39.10. CPARB shall report to & 2007 c 494 s 301; the appropriate committees of the legislature by December 31, (15) RCW 39.10.350 and 2007 c 494 s 302; 2013, with recommendations for statutory changes that promote (16) RCW 39.10.360 and 2013 c ... s 13 (section 13 of this act), energy efficiency and reduce the total cost to construct, operate 2009 c 75 s 6, & 2007 c 494 s 303; and maintain public buildings. Recommendation must include (17) RCW 39.10.370 and 2007 c 494 s 304; provisions for post-occupancy validation of estimated energy (18) RCW 39.10.380 and 2013 c ... s 14 (section 14 of this act) efficiency measures, and operating and maintenance cost & 2007 c 494 s 305; estimates. Life-cycle estimates of energy use must include (19) RCW 39.10.385 and 2013 c ... s 15 (section 15 of this act) estimates of energy consumptions for materials used in & 2010 c 163 s 1; construction." (20) RCW 39.10.390 and 2013 c ... s 16 (section 16 of this act) Senator Dammeier spoke in favor of adoption of the & 2007 c 494 s 306; committee amendment to the committee striking amendment. (21) RCW 39.10.400 and 2013 c ... s 17 (section 17 of this act) & 2007 c 494 s 307; PARLIAMENTARY INQUIRY (22) RCW 39.10.410 and 2007 c 494 s 308; (23) RCW 39.10.420 and 2013 c ... s 18 (section 18 of this act), Senator Hasegawa: “Was this amendment handed out?” 2012 c 102 s 1, 2009 c 75 s 7, 2007 c 494 s 401, & 2003 c 301 s 1; (24) RCW 39.10.430 and 2007 c 494 s 402; REPLY BY THE PRESIDENT (25) RCW 39.10.440 and 2013 c ... s 19 (section 19 of this act) & 2007 c 494 s 403; President Owen: “Senator Hasegawa, the committee (26) RCW 39.10.450 and 2012 c 102 s 2 & 2007 c 494 s 404; amendments are in the book that you have, should have at your (27) RCW 39.10.460 and 2012 c 102 s 3 & 2007 c 494 s 405; desk.” (28) RCW 39.10.470 and 2005 c 274 s 275 & 1994 c 132 s 10; (29) RCW 39.10.480 and 1994 c 132 s 9; PARLIAMENTARY INQUIRY (30) RCW 39.10.490 and 2013 c ... s 20 (section 20 of this act), 2007 c 494 s 501, & 2001 c 328 s 5; Senator Hasegawa: “Ok, so my understanding was that we (31) ((RCW 39.10.500 and 2007 c 494 s 502; were actually acting on the striking amendment from Ways & (32) RCW 39.10.510 and 2007 c 494 s 503; Means which did contain this identical language. Is that true?” (33))) RCW 39.10.900 and 1994 c 132 s 13; (((34))) (32) RCW 39.10.901 and 1994 c 132 s 14; Senator Dammeier [Off microphone]: “…We’re taking both (((35))) (33) RCW 39.10.903 and 2007 c 494 s 510; pieces today…Yes.” (((36))) (34) RCW 39.10.904 and 2007 c 494 s 512; and (((37))) (35) RCW 39.10.905 and 2007 c 494 s 513. Senator Hasegawa spoke in favor of the committee NEW SECTION. Sec. 23. The following acts or parts of acts amendment to the committee striking amendment. are each repealed: (1) RCW 39.10.500 (Exemptions) and 2007 c 494 s 502; and The President declared the question before the Senate to be (2) RCW 39.10.510 (Previously advertised projects) and 2007 c the adoption of the committee amendment by the committee on 494 s 503. Ways & Means on page 5, line 24 to the committee striking NEW SECTION. Sec. 24. A new section is added to chapter amendment to Substitute House Bill No. 1466. 43.131 RCW to read as follows: The motion by Senator Dammeier carried and the committee (1) If the sunset review process in RCW 43.131.010 through amendment to the committee striking amendment was adopted by 43.131.150 expires before June 30, 2021, the joint legislative audit voice vote. and review committee must conduct a program and fiscal review of the alternative public works contracting procedures authorized in The President declared the question before the Senate to be chapter 39.10 RCW. The review must be completed by June 30, the adoption of the committee striking amendment by the 2021, and findings reported to the office of financial management

JOURNAL OF THE SENATE 21 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Committee on Ways & Means as amended to Substitute House Senators Litzow and McAuliffe spoke in favor of passage of Bill No. 1466. the bill.

Senators Hasegawa and Benton spoke against adoption of the The President declared the question before the Senate to be committee striking amendment as amended. the final passage of Substitute House Bill No. 1812. Senator Dammeier spoke in favor of adoption of the committee striking amendment as amended. ROLL CALL

MOTION The Secretary called the roll on the final passage of Substitute House Bill No. 1812 and the bill passed the Senate by the On motion of Senator Fain, further consideration of following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2. Substitute House Bill No. 1466 was deferred and the bill held its Voting yea: Senators Bailey, Baumgartner, Becker, Benton, place on the second reading calendar. Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, SECOND READING Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, SUBSTITUTE HOUSE BILL NO. 1422, by House Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Committee on Government Accountability & Oversight Rolfes, Schlicher, Schoesler, Sheldon, Shin and Tom (originally sponsored by Representatives Condotta and Hurst) Voting nay: Senators Honeyford, Padden and Smith Excused: Senators Carrell and Chase Changing the criteria for the beer and wine tasting SUBSTITUTE HOUSE BILL NO. 1812, having received the endorsement for grocery stores. constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of The measure was read the second time. the act.

MOTION SECOND READING

On motion of Senator Holmquist Newbry, the rules were SUBSTITUTE HOUSE BILL NO. 1397, by House suspended, Substitute House Bill No. 1422 was advanced to third Committee on Education (originally sponsored by reading, the second reading considered the third and the bill was Representatives Orcutt, Santos, Dahlquist, Pike, Vick, Haler, placed on final passage. Hargrove, Buys, Magendanz and Bergquist) Senator Holmquist Newbry spoke in favor of passage of the bill. Adding a requirement to sexual health education to include elements of and consequences for conviction of sexual offenses POINT OF ORDER where the victim is a minor.

Senator Hargrove: “Thank you Mr. President, I’d like to ask The measure was read the second time. a point of order or ruling on whether this amends the Initiative and what vote would be required for this bill to pass?” MOTION

MOTION On motion of Senator Dammeier, the rules were suspended, Substitute House Bill No. 1397 was advanced to third reading, the On motion of Senator Fain, further consideration of second reading considered the third and the bill was placed on Substitute House Bill No. 1422 was deferred and the bill held its final passage. place on the third reading calendar. Senators Dammeier and McAuliffe spoke in favor of passage of the bill. SECOND READING Senator Ericksen spoke against passage of the bill.

SUBSTITUTE HOUSE BILL NO. 1812, by House The President declared the question before the Senate to be Committee on Appropriations Subcommittee on Education the final passage of Substitute House Bill No. 1397. (originally sponsored by Representatives Haigh, Pettigrew, Springer, Haler, Hunt, Fagan, Morrell, Hunter, Hudgins and ROLL CALL Santos)

The Secretary called the roll on the final passage of Substitute Extending the time frame for making expenditures under the House Bill No. 1397 and the bill passed the Senate by the urban school turnaround initiative. following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, The measure was read the second time. Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille,

Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, MOTION Hatfield, Hill, Hobbs, Keiser, Kline, Kohl-Welles, Litzow,

McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, On motion of Senator Litzow, the rules were suspended, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Substitute House Bill No. 1812 was advanced to third reading, the Smith and Tom second reading considered the third and the bill was placed on Voting nay: Senators Ericksen, Hewitt, Holmquist Newbry, final passage. Honeyford, King and Padden

22 JOURNAL OF THE SENATE Excused: Senators Carrell and Chase contains roughly one-third of the oxygen density of sea level, SUBSTITUTE HOUSE BILL NO. 1397, having received the temperatures are generally around negative 20 degrees Fahrenheit, constitutional majority, was declared passed. There being no and hurricane force winds are frequent; and objection, the title of the bill was ordered to stand as the title of WHEREAS, Throughout the 109 days of the Expedition, the the act. team steadily engaged in scientific research relating to physiology, psychology, sociology, geology, and glaciology; and MOTION WHEREAS, The Expedition's worldwide acclaim included recognition by President Kennedy at a White House ceremony, by On motion of Senator Fain, the Senate advanced to the eighth the National Geographic Society, by King Mahendra of Nepal, by order of business. the United States Ambassador to Nepal Henry Stebbins, by India Prime Minister Nehru, by the United States Ambassador to India MOTION John Kenneth Galbraith, by the Indian Mountaineering Foundation, by mountaineering organizations throughout the world, by major Senator Fraser moved adoption of the following resolution: news media around the world, and more; and WHEREAS, The people of Washington State played a very SENATE RESOLUTION significant role in the historic successes of the Expedition, through 8655 team members with deep Washington ties, including Barry Prather of Ellensburg and John Breitenbach who attended the University of By Senators Fraser, Hargrove, Honeyford, Kohl-Welles, King, Washington and tragically died when a massive wall of ice in the Keiser, Tom, Kline, Parlette, Sheldon, Brown, Pearson, Murray, Khumbu icefall shifted and buried him in tons of ice blocks; through Dammeier, Mullet, Chase, Hill, Padden, Fain, Ranker, many contributions of cash and in-kind donations from Washington Baumgartner, Shin, Hobbs, Eide, Nelson, McAuliffe, Hasegawa, businesses, organizations, and individuals; through Washington Conway, Harper, Schlicher, Darneille, Rivers, Cleveland, Rolfes, State's United States Senator Warren G. Magnuson serving on the Becker, Schoesler, Holmquist Newbry, Braun, Roach, Litzow, Expedition's Advisory Committee; through the Expedition's training Benton, Hewitt, Ericksen, and Smith and equipment testing taking place at Mount Rainier; and more; and WHEREAS, Washingtonians' outdoor recreation heritage of WHEREAS, During May 2013, many Washingtonians will hiking, climbing, and camping in the State's extensive mountain celebrate the 50th Anniversary of the nationally and globally ranges, and the widespread appreciation by Washingtonians of the acclaimed successes of the 1963 American Mt. Everest Expedition, State's beautiful mountains and stately snowy peaks, served as the because Washington climbers achieved its most notable successes, inspiration for and enthusiastic support of the Expedition in 1963; and Washingtonians enthusiastically supported this historic NOW, THEREFORE, BE IT RESOLVED, That the achievement in many ways; and Washington State Senate, on the occasion of the 50th Anniversary WHEREAS, Members of this Expedition are famed for four of the historic first American ascent of Mt. Everest: unprecedented mountaineering achievements: (1) Congratulate members of this historic Expedition Jim (1) On May 1, Jim Whittaker, a Washington State native, Whittaker, Nawang Gombu, Willi Unsoeld, Tom Hornbein, Lute climbing with Sherpa Nawang Gombu by the South Col route, Jerstad, Barry Bishop, and all those who supported them; became the first American to reach Everest's 29,028 foot summit, (2) Express appreciation to all Washingtonians, to the hundreds the highest point on Earth; of others from around the country who assisted its achievements, (2) On May 22, Willi Unsoeld, who would become a faculty and to Norman G. Dyhrenfurth who, with his determination and member at The Evergreen State College, and Tom Hornbein, who genius, organized and led the Expedition; and returned from Everest to the faculty at the University of Washington (3) Encourage Washingtonians to continue to engage in outdoor School of Medicine, pioneered the unprecedented and exceptionally recreation in Washington's welcoming mountain ranges and to difficult West Ridge route to the summit and descended by the continue to appreciate their splendor and be inspired to greatness by South Col route to complete the first traverse of a major Himalayan them; and peak; BE IT FURTHER RESOLVED, That copies of this resolution (3) A few hours earlier that same day, Lute Jerstad, a former be immediately transmitted by the Secretary of the Senate to Jim Washington resident, and Barry Bishop of Washington D.C. Whittaker, Jolene Unsoeld, Tom Hornbein, Norman G. reached the summit by the South Col route; and Dyhrenfurth, to the other four surviving members of the team, and to (4) Both teams were benighted during the descent, Unsoeld and the surviving widows or nearest of kin of the team members now Hornbein catching up with Jerstad and Bishop. All four survived deceased. an unplanned and unprecedented all-night bivouac above 28,000 Senators Fraser, King, Baumgartner, Hargrove, Tom, Mullet feet without oxygen, tents, or food, and Unsoeld and Bishop and Kohl-Welles spoke in favor of adoption of the resolution. suffered severe frostbite; and The President declared the question before the Senate to be WHEREAS, These mountaineering achievements are successes the adoption of Senate Resolution No. 8655. of the human spirit, involving supreme human effort, extraordinary The motion by Senator Fraser carried and the resolution was physical capability and endurance, clear vision and goals, intense adopted by voice vote. determination and focus, superior teamwork, high tolerance for discomfort and danger, and exceptional organizational and logistical INTRODUCTION OF SPECIAL GUESTS preparation; and The President welcomed and introduced Mr. Jim Whitaker, his WHEREAS, These mountaineering achievements are also the wife Diane Roberts and former State Representative and U.S. successes of the highly appreciated, dedicated, expert Sherpa Congresswoman Jolene Unsoeld who were seated at the rostrum. climbers who accompanied and supported the members of the Expedition; and With the permission of the Senate, business was suspended to WHEREAS, Human survival at the upper elevations of Mt. allow Mr. Whitaker and Representative Unsoeld to offer remarks. Everest is possible only for brief periods of time because the air

JOURNAL OF THE SENATE 23 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION REMARKS BY JIM WHITTAKER On motion of Senator Mullet, Senator McAuliffe was excused. Jim Whittaker: “Thank you very much. I’d just like to say good for you people for climbing a lot of mountains yourselves. MOTION Bobby Kennedy was a good friend of mine and we talked a lot about the most honorable profession. His brother thought it was On motion of Senator Harper, Senator Chase was excused. the most honorable profession and so did Bobby. And I want to salute you with admiration for trying to make the world a better APPOINTMENT OF LINDSEY SIRES place and Washington State a better place. Thank you very much.” The President declared the question before the Senate to be the confirmation of Lindsey Sires, Gubernatorial Appointment REMARKS BY JOLENE UNSOELD No. 9175, as a member of the Board of Trustees, Central Washington University. Jolene Unsoeld: “Of course we all think Washington State is just a terrific place but I didn’t realize until Karen was doing the The Secretary called the roll on the confirmation of Lindsey research for the resolution that ‘Wow, Washington State really Sires, Gubernatorial Appointment No. 9175, as a member of the was in there,’ at the core of it and spreading the good will Board of Trustees, Central Washington University and the between other countries, other climbers. And the United States appointment was confirmed by the following vote: Yeas, 47; and Washington supported the expedition all the way from the Nays, 0; Absent, 0; Excused, 2. lowliest professions all the way up to some of our largest Voting yea: Senators Bailey, Baumgartner, Becker, Benton, corporations here that are still doing great; REI, Eddie Bauer. It’s Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, amazing what Washington State has done not only as a model for Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, the whole United States but has specifically done in the area in Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, mountaineering and the support for the fiftieth anniversary and Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, for the actual expedition that climbed Mount Everest for the first Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, time for the Americans and two routes. Thank you.” Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom PERSONAL PRIVILEGE Excused: Senators Carrell and McAuliffe Lindsey Sires, Gubernatorial Appointment No. 9175, having Senator Benton: “I’d like to invite our colleagues and their received the constitutional majority was declared confirmed as a staffs and anyone that may be interested to receive a free lunch member of the Board of Trustees, Central Washington and some information. There are constituents from Seventeenth, University. Eighteenth and Forty-ninth districts that are here today offering a free lunch in the Columbia Room and some experts to share their THIRD READING knowledge of the Columbia River Crossing project. Please join us CONFIRMATION OF GUBERNATORIAL APPOINTMENTS for a free lunch in the Columbia Room beginning at 12:00 noon. Thank you.” MOTION

MOTION Senator Schoesler moved that Michael Worthy, Gubernatorial Appointment No. 9199, be confirmed as a member At 11:58 a.m., on motion of Senator Fain, the Senate was of the Board of Regents, Washington State University. declared to be at ease subject to the call of the President. Senator Schoesler spoke in favor of the motion.

AFTERNOON SESSION APPOINTMENT OF MICHAEL WORTHY

The Senate was called to order at 1:35 p.m. by President The President declared the question before the Senate to be Owen. the confirmation of Michael Worthy, Gubernatorial Appointment No. 9199, as a member of the Board of Regents, Washington MOTION State University.

On motion of Senator Fain, the Senate advanced to the The Secretary called the roll on the confirmation of Michael seventh order of business. Worthy, Gubernatorial Appointment No. 9199, as a member of the Board of Regents, Washington State University and the THIRD READING appointment was confirmed by the following vote: Yeas, 47; CONFIRMATION OF GUBERNATORIAL APPOINTMENTS Nays, 0; Absent, 0; Excused, 2. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, MOTION Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Senator Holmquist Newbry moved that Lindsey Sires, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Gubernatorial Appointment No. 9175, be confirmed as a member Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, of the Board of Trustees, Central Washington University. Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Senator Holmquist Newbry spoke in favor of the motion. Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom MOTION Excused: Senators Carrell and McAuliffe Michael Worthy, Gubernatorial Appointment No. 9199, having received the constitutional majority was declared

24 JOURNAL OF THE SENATE confirmed as a member of the Board of Regents, Washington State University. MOTION

THIRD READING On motion of Senator Billig, Senator Kline was excused. CONFIRMATION OF GUBERNATORIAL APPOINTMENTS The President declared the question before the Senate to be MOTION the final passage of Substitute House Bill No. 1422.

Senator Padden moved that Robert Whaley, Gubernatorial ROLL CALL Appointment No. 9195, be confirmed as a member of the Board of Trustees, Eastern Washington University. The Secretary called the roll on the final passage of Substitute Senator Padden spoke in favor of the motion. House Bill No. 1422 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2. APPOINTMENT OF ROBERT WHALEY Voting yea: Senators Bailey, Baumgartner, Becker, Billig, Braun, Brown, Cleveland, Conway, Eide, Ericksen, Fain, Harper, The President declared the question before the Senate to be Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, the confirmation of Robert Whaley, Gubernatorial Appointment Keiser, King, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, No. 9195, as a member of the Board of Trustees, Eastern Ranker, Rivers, Schoesler, Sheldon, Shin, Smith and Tom Washington University. Voting nay: Senators Benton, Chase, Dammeier, Darneille, Fraser, Frockt, Hargrove, Hasegawa, Nelson, Padden, Parlette, The Secretary called the roll on the confirmation of Robert Pearson, Roach, Rolfes and Schlicher Whaley, Gubernatorial Appointment No. 9195, as a member of Excused: Senators Carrell and Kline the Board of Trustees, Eastern Washington University and the SUBSTITUTE HOUSE BILL NO. 1422, having received the appointment was confirmed by the following vote: Yeas, 47; constitutional majority, was declared passed. There being no Nays, 0; Absent, 0; Excused, 2. objection, the title of the bill was ordered to stand as the title of Voting yea: Senators Bailey, Baumgartner, Becker, Benton, the act. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, MOTION Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Mullet, At 1:58 p.m., on motion of Senator Fain, the Senate was Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, declared to be at ease subject to the call of the President. Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom The Senate was called to order at 4:24 p.m. by President Excused: Senators Carrell and McAuliffe Owen. Robert Whaley, Gubernatorial Appointment No. 9195, having received the constitutional majority was declared MOTION confirmed as a member of the Board of Trustees, Eastern Washington University. On motion of Senator Fain, the Senate reverted to the fourth order of business. RULING BY THE PRESIDENT MESSAGE FROM THE HOUSE President Owen: “In ruling on the Point of Inquiry raised by Senator Hargrove as to whether Substitute House Bill No. April 16, 2013 1422 amends Initiative 1183 so as to require a 2/3 vote on final passage, the President finds and rules as follows: MR. PRESIDENT: Initiative 1183 privatized the sale of spirits, allowing certain The Speaker has signed: private retailers to sell the product. Substitute House Bill No. SUBSTITUTE SENATE BILL NO. 5021, 1422 makes changes to the current eligibility criteria that must be SENATE BILL NO. 5025, met by a grocery store in order to provide beer and wine samples, SENATE BILL NO. 5046, by making certain aspects of the endorsement consistent with the SUBSTITUTE SENATE BILL NO. 5077, terms of the initiative. The endorsement that allows beer and ENGROSSED SUBSTITUTE SENATE BILL NO. 5110, wine sampling was already in statute prior to the passage of the SENATE BILL NO. 5114, initiative, and was not amended or otherwise altered by the SENATE BILL NO. 5142, initiative. SUBSTITUTE SENATE BILL NO. 5165, Substitute House Bill No. 1422 does not amend the language SENATE BILL NO. 5186, of the initiative nor even address the issue of the sale of spirits. SENATE BILL NO. 5207, For these reasons, the President finds that Substitute House Bill SUBSTITUTE SENATE BILL NO. 5210, No. 1422 would not amend Initiative 1183, and will require only SENATE BILL NO. 5212, a Constitutional majority vote on final passage.” SENATE BILL NO. 5235, SUBSTITUTE SENATE BILL NO. 5274, The Senate resumed consideration of Substitute House Bill SENATE BILL NO. 5302, No. 1422 which had been deferred earlier in the day. SUBSTITUTE SENATE BILL NO. 5316, SUBSTITUTE SENATE BILL NO. 5332, Senators Hargrove and Darneille spoke against passage of the SUBSTITUTE SENATE BILL NO. 5352, bill. SUBSTITUTE SENATE BILL NO. 5400, Senator Conway spoke in favor of passage of the bill. SENATE BILL NO. 5446,

JOURNAL OF THE SENATE 25 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION ENGROSSED SUBSTITUTE SENATE BILL NO. 5458, HOUSE BILL NO. 1109, SENATE BILL NO. 5466, HOUSE BILL NO. 1112, SUBSTITUTE SENATE BILL NO. 5517, HOUSE BILL NO. 1113, SENATE BILL NO. 5541, HOUSE BILL NO. 1146, SUBSTITUTE SENATE BILL NO. 5568, HOUSE BILL NO. 1182, SECOND SUBSTITUTE SENATE BILL NO. 5624, HOUSE BILL NO. 1209, SENATE BILL NO. 5627, HOUSE BILL NO. 1213, SENATE BILL NO. 5712, SUBSTITUTE HOUSE BILL NO. 1307, SENATE BILL NO. 5751, HOUSE BILL NO. 1311, SUBSTITUTE SENATE BILL NO. 5774, ENGROSSED SUBSTITUTE HOUSE BILL NO. 1325, ENGROSSED SUBSTITUTE SENATE BILL NO. 5849. SUBSTITUTE HOUSE BILL NO. 1343, and the same are herewith transmitted. SUBSTITUTE HOUSE BILL NO. 1376, ENGROSSED HOUSE BILL NO. 1396, BARBARA BAKER, Chief Clerk HOUSE BILL NO. 1469, SECOND SUBSTITUTE HOUSE BILL NO. 1518, MESSAGE FROM THE HOUSE HOUSE BILL NO. 1533, SUBSTITUTE HOUSE BILL NO. 1537, April 16, 2013 HOUSE BILL NO. 1565, ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, MR. PRESIDENT: HOUSE BILL NO. 1639, The Speaker has signed: ENGROSSED SUBSTITUTE HOUSE BILL NO. 1647, SUBSTITUTE HOUSE BILL NO. 1034, SUBSTITUTE HOUSE BILL NO. 1686, HOUSE BILL NO. 1035, HOUSE BILL NO. 1770, HOUSE BILL NO. 1056, HOUSE BILL NO. 1790, HOUSE BILL NO. 1109, SUBSTITUTE HOUSE BILL NO. 1806, HOUSE BILL NO. 1112, SUBSTITUTE HOUSE BILL NO. 1836, HOUSE BILL NO. 1113, HOUSE BILL NO. 1860, HOUSE BILL NO. 1146, SUBSTITUTE HOUSE BILL NO. 1886, HOUSE BILL NO. 1182, SUBSTITUTE HOUSE BILL NO. 1889, HOUSE BILL NO. 1209, HOUSE BILL NO. 1937. HOUSE BILL NO. 1213, SUBSTITUTE HOUSE BILL NO. 1307, MOTION HOUSE BILL NO. 1311, ENGROSSED SUBSTITUTE HOUSE BILL NO. 1325, On motion of Senator Fain, the Senate advanced to the SUBSTITUTE HOUSE BILL NO. 1343, seventh order of business. SUBSTITUTE HOUSE BILL NO. 1376, ENGROSSED HOUSE BILL NO. 1396, MOTION HOUSE BILL NO. 1469, SECOND SUBSTITUTE HOUSE BILL NO. 1518, Senator Murray moved that the Senate advance to the ninth HOUSE BILL NO. 1533, order of business. SUBSTITUTE HOUSE BILL NO. 1537, HOUSE BILL NO. 1565, POINT OF ORDER ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, HOUSE BILL NO. 1639, Senator Schoesler: “Thank you Mr. President, I object. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1647, Thank you Mr. President. Am I correct that the motion we are SUBSTITUTE HOUSE BILL NO. 1686, considering is only procedural to advance to the ninth order of HOUSE BILL NO. 1770, business and nothing further as a non-debatable motion? Could HOUSE BILL NO. 1790, you clarify this motion for me?” SUBSTITUTE HOUSE BILL NO. 1806, SUBSTITUTE HOUSE BILL NO. 1836, REPLY BY THE PRESIDENT HOUSE BILL NO. 1860, SUBSTITUTE HOUSE BILL NO. 1886, President Owen: “Senator Schoesler, advancing to the ninth SUBSTITUTE HOUSE BILL NO. 1889, order of business is not debatable. However, the practice of the HOUSE BILL NO. 1937. President has always been that he allows a statement on each side and the same are herewith transmitted. for and against the motion.”

BARBARA BAKER, Chief Clerk Senator Murray moved that the Senate advance to the ninth order of business for the purpose of relieving the Committee on SIGNED BY THE PRESIDENT Health & Long Term Care of Engrossed House Bill No. 1044, concerning health plan coverage for the voluntary termination of Pursuant to Article 2, Section 32 of the State Constitution a pregnancy, and the Committee on Higher Education of and Senate Rule 1(5), the President announced the signing of and Engrossed House Bill No. 1817, adding eligibility criteria for thereupon did sign in open session: higher education financial aid.

SUBSTITUTE HOUSE BILL NO. 1034, REMARKS BY THE PRESIDENT HOUSE BILL NO. 1035,

HOUSE BILL NO. 1056,

26 JOURNAL OF THE SENATE President Owen: “Senator Murray, for a clarification for the The President declared the question before the Senate to be President, your motion is to move to the ninth order of business. the final passage of Engrossed Substitute House Bill No. 1480. Did you add for this specific purpose in your motion?” ROLL CALL REPLY BY SENATOR MURRAY The Secretary called the roll on the final passage of Senator Murray: “Yes, those two bills.” Engrossed Substitute House Bill No. 1480 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; REMARKS BY THE PRESIDENT Excused, 1. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, President Owen: “Senator Murray, you can place those in Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, the motion if you like. However, it does not limit anybody to just Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, those two bills once you get to the ninth order.” Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Senator Schoesler spoke against the motion. McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Senator Murray spoke in favor of the motion. Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Shin, Smith and Tom The President declared the question before the Senate to be Excused: Senator Carrell the motion by Senator Murray to advance to the ninth order of ENGROSSED SUBSTITUTE HOUSE BILL NO. 1480, business. having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand Senator Frockt demanded a roll call. as the title of the act. The President declared that one-sixth of the members supported the demand and the demand was sustained. SIGNED BY THE PRESIDENT

The Secretary called the roll on the motion by Senator Pursuant to Article 2, Section 32 of the State Constitution Murray and the motion failed by the following vote: Yeas, 23; and Senate Rule 1(5), the President announced the signing of and Nays, 25; Absent, 0; Excused, 1. thereupon did sign in open session: Voting yea: Senators Billig, Chase, Cleveland, Conway, SUBSTITUTE SENATE BILL NO. 5008, Darneille, Eide, Fraser, Frockt, Harper, Hasegawa, Hatfield, SENATE BILL NO. 5030, Hobbs, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, SENATE BILL NO. 5056, Nelson, Ranker, Rolfes, Schlicher and Shin ENGROSSED SUBSTITUTE SENATE BILL NO. 5095, Voting nay: Senators Bailey, Baumgartner, Becker, Benton, SENATE BILL NO. 5149, Braun, Brown, Dammeier, Ericksen, Fain, Hargrove, Hewitt, SUBSTITUTE SENATE BILL NO. 5180, Hill, Holmquist Newbry, Honeyford, King, Litzow, Padden, SENATE BILL NO. 5258, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and SENATE BILL NO. 5343, Tom SUBSTITUTE SENATE BILL NO. 5362, Excused: Senator Carrell SUBSTITUTE SENATE BILL NO. 5396, SUBSTITUTE SENATE BILL NO. 5444, MOTION SENATE BILL NO. 5496, SUBSTITUTE SENATE BILL NO. 5559, On motion of Senator Fain, the Senate reverted to the sixth SENATE BILL NO. 5593, order of business. SECOND ENGROSSED SENATE BILL NO. 5701, SENATE BILL NO. 5770, SECOND READING SENATE BILL NO. 5806.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1480, by SECOND READING House Committee on Health Care & Wellness (originally sponsored by Representatives Green, Schmick, Cody, Harris and ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. Jinkins) 1134, by House Committee on Appropriations (originally sponsored by Representatives McCoy, Santos, Appleton, Lytton, Concerning the provision of prescription drugs by direct Ryu, Stanford, Roberts, Jinkins, Haigh, Freeman and Hunt) practice providers. Authorizing state-tribal education compact schools. The measure was read the second time. The measure was read the second time. MOTION MOTION On motion of Senator Becker, the rules were suspended, Engrossed Substitute House Bill No. 1480 was advanced to third Senator Litzow moved that the following committee striking reading, the second reading considered the third and the bill was amendment by the Committee on Ways & Means be adopted: placed on final passage. Strike everything after the enacting clause and insert the Senators Becker and Frockt spoke in favor of passage of the following: bill. "NEW SECTION. Sec. 1. (1) The legislature finds that: (a) American Indian and Alaska Native students make up 2.5 percent of the total student population in the state and twenty-five

JOURNAL OF THE SENATE 27 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION percent or more of the student population in fifty-seven schools (2) No later than six months after the effective date of this across the state. section, the superintendent of public instruction shall establish an (b) American Indian students in Washington have the highest application and approval process, procedures, and timelines for the annual drop-out rate at 9.5 percent, compared to 4.6 percent of all negotiation, approval or disapproval, and execution of state-tribal students in each of grades nine through twelve. Of the students education compacts. expected to graduate in 2010 because they entered the ninth grade in (3) The process may be initiated by submission, to the 2006, the American Indian on-time graduation rate was only superintendent of public instruction, of a resolution by: fifty-eight percent, compared to 76.5 percent of all students. (a) The governing body of a tribe in the state of Washington; or (c) The teaching of American Indian language, culture, and (b) The governing body of any of the schools in Washington history are important to American Indian people and critical to the that are currently funded by the federal bureau of Indian affairs, educational attainment and achievement of American Indian whether directly or through a contract or compact with an Indian children. tribe or a tribal consortium. (d) The state-tribal education compacts authorized under this (4) The resolution must be accompanied by an application that chapter reaffirm the state's important commitment to indicates the grade or grades from kindergarten through twelve that government-to-government relationships with the tribes that has will be offered and that demonstrates that the school will be been recognized by proclamation, and in the centennial accord and operated in compliance with all applicable laws, the rules adopted the millennium agreement. These state-tribal education compacts thereunder, and the terms and conditions set forth in the application. build upon the efforts highlighted by the office of the superintendent (5) Within ninety days of receipt of a resolution and application of public instruction in its 2012 Centennial Accord Agency under this section, the superintendent must convene a Highlights, including: The Since Time Immemorial (STI): Tribal government-to-government meeting for the purpose of considering Sovereignty in Washington State Curriculum Project that imbeds the resolution and application and initiating negotiations. the history surrounding sovereignty and intergovernmental (6) State-tribal education compacts must include provisions responsibilities into this state's classrooms; the agency's regular regarding: meetings with the superintendents of the seven current tribal (a) Compliance; schools, as well as the federal bureau of Indian education (b) Notices of violation; representatives at the regional and national level on issues relating to (c) Dispute resolution, which may include nonjudicial processes student academic achievement, accessing of funding for tribal such as mediation; schools, and connecting tribal schools to the K-20 network; and the (d) Recordkeeping and auditing; recent establishment, in statute, of the office of native education (e) The delineation of the respective roles and responsibilities; within the office of the superintendent of public instruction. (f) The term or length of the contract, and whether or not it is (e) School funding should honor tribal sovereignty and reflect renewable; and the government-to-government relationship between the state and (g) Provisions for compact termination. the tribes, however the current structure that requires negotiation of (7) The superintendent of public instruction shall adopt such an interlocal agreement between a school district and a tribal school rules as are necessary to implement this chapter. ignores tribal sovereignty and results in a siphoning of funds for NEW SECTION. Sec. 3. (1) A school that is the subject of a administration that could be better used for teaching and learning. state-tribal education compact must operate according to the terms (2) The legislature further finds that: of its compact executed in accordance with section 2 of this act. (a) The need for high-quality, culturally competent early (2) Schools that are the subjects of state-tribal education learning opportunities continues to grow; compacts are exempt from all state statutes and rules applicable to (b) There is a preparation gap among entering kindergartners school districts and school district boards of directors, except those with many children, especially those from low-income homes, statutes and rules made applicable under this chapter and in the arriving at kindergarten without the knowledge, skills, and good state-tribal education compact executed under section 2 of this act. health necessary to succeed in school; (3) Each school that is the subject of a state-tribal education (c) Upon entry into the K-12 school system, the educational compact must: opportunity gap becomes more evident, with children of color and (a) Provide a curriculum and conduct an educational program from low-income homes having lower scores on math, reading, and that satisfies the requirements of RCW 28A.150.200 through writing standardized tests, as well as lower graduation rates and 28A.150.240 and 28A.230.010 through 28A.230.195; higher rates of dropping out of school; and (b) Employ certificated instructional staff as required in RCW (d) Comprehensive, culturally competent early learning and 28A.410.010, however such schools may hire noncertificated greater collaboration between the early learning and K-12 school instructional staff of unusual competence and in exceptional cases as systems will ensure appropriate connections and smoother specified in RCW 28A.150.203(7); transitions for children, and help eliminate or bridge gaps that might (c) Comply with the employee record check requirements in otherwise develop. RCW 28A.400.303 and the mandatory termination and notification (3) In light of these findings, it is the intent and purpose of the provisions of RCW 28A.400.320, 28A.400.330, 28A.405.470, and legislature to: 28A.405.475; (a) Authorize the superintendent of public instruction to enter (d) Comply with nondiscrimination laws; into state-tribal education compacts; and (e) Adhere to generally accepted accounting principles and be (b) Foster the development of a voluntary, high-quality, and subject to financial examinations and audits as determined by the culturally competent early learning pilot program to work in state auditor, including annual audits for legal and fiscal conjunction with, and offer a seamless transition to, schools compliance; and established pursuant to state-tribal education compacts. (f) Be subject to and comply with legislation enacted after the NEW SECTION. Sec. 2. (1) The superintendent of public effective date of this section governing the operation and instruction is authorized to enter into state-tribal education management of schools that are the subject of a state-tribal compacts. education compact.

28 JOURNAL OF THE SENATE (4) No such school may engage in any sectarian practices in its ethnicity, or national origin in the operation of public employment, educational program, admissions or employment policies, or public education, or public contracting. operations. (2) This section applies only to action taken after December 3, (5) Nothing in this chapter may limit or restrict any enrollment 1998. or school choice options otherwise available under Title 28A RCW. (3) This section does not affect any law or governmental action NEW SECTION. Sec. 4. (1) A school that is the subject of a that does not discriminate against, or grant preferential treatment to, state-tribal education compact may not charge tuition except to the any individual or group on the basis of race, sex, color, ethnicity, or same extent as school districts may be permitted to do so with national origin. respect to out-of-state and adult students pursuant to chapter (4) This section does not affect any otherwise lawful 28A.225 RCW, but may charge fees for participation in optional classification that: extracurricular events and activities. (a) Is based on sex and is necessary for sexual privacy or (2) Such schools may not limit admission on any basis other medical or psychological treatment; or than age group, grade level, or capacity and must otherwise enroll (b) Is necessary for undercover law enforcement or for film, all students who apply. video, audio, or theatrical casting; or (3) If capacity is insufficient to enroll all students who apply, a (c) Provides for separate athletic teams for each sex. school that is the subject of a state-tribal education compact may (5) This section does not invalidate any court order or consent prioritize the enrollment of tribal members and siblings of already decree that is in force as of December 3, 1998. enrolled students. (6) This section does not prohibit action that must be taken to NEW SECTION. Sec. 5. (1) A school that is the subject of a establish or maintain eligibility for any federal program, if state-tribal education compact must report student enrollment. ineligibility would result in a loss of federal funds to the state. Reporting must be done in the same manner and use the same (7) Nothing in this section prohibits schools established under definitions of enrolled students and annual average full-time chapter 28A.--- RCW (the new chapter created in section 9 of this equivalent enrollment as is required of school districts. The act) from: reporting requirements in this subsection are required for a school to (a) Implementing a policy of Indian preference in employment; receive state or federal funding that is allocated based on student or characteristics. (b) Prioritizing the admission of tribal members where capacity (2) Funding for a school that is the subject of a state-tribal of the school's programs or facilities is not as large as demand. education compact shall be apportioned by the superintendent of (8) For the purposes of this section, "state" includes, but is not public instruction according to the schedule established under RCW necessarily limited to, the state itself, any city, county, public 28A.510.250, including general apportionment, special education, college or university, community college, school district, special categorical, and other nonbasic education moneys. Allocations for district, or other political subdivision or governmental certificated instructional staff must be based on the average staff instrumentality of or within the state. mix ratio of the school, as calculated by the superintendent of public (((8))) (9) The remedies available for violations of this section instruction using the statewide salary allocation schedule and related shall be the same, regardless of the injured party's race, sex, color, documents, conditions, and limitations established by the omnibus ethnicity, or national origin, as are otherwise available for violations appropriations act. Allocations for classified staff and certificated of Washington antidiscrimination law. administrative staff must be based on the salary allocations of the (((9))) (10) This section shall be self-executing. If any part or school district in which the school is located, subject to conditions parts of this section are found to be in conflict with federal law, the and limitations established by the omnibus appropriations act. United States Constitution, or the Washington state Constitution, the Nothing in this section requires a school that is the subject of a section shall be implemented to the maximum extent that federal state-tribal education compact to use the statewide salary allocation law, the United States Constitution, and the Washington state schedule. Such a school is eligible to apply for state grants on the Constitution permit. Any provision held invalid shall be severable same basis as a school district. from the remaining portions of this section. (3) Any moneys received by a school that is the subject of a Sec. 8. RCW 84.52.0531 and 2012 1st sp.s. c 10 s 8 are each state-tribal education compact from any source that remain in the amended to read as follows: school's accounts at the end of any budget year must remain in the The maximum dollar amount which may be levied by or for any school's accounts for use by the school during subsequent budget school district for maintenance and operation support under the years. provisions of RCW 84.52.053 shall be determined as follows: (4) Schools that are the subject of state-tribal education (1) For excess levies for collection in calendar year 1997, the compacts are encouraged to conduct early learning pilot programs maximum dollar amount shall be calculated pursuant to the laws and developed under section 9 of this act in conjunction with their rules in effect in November 1996. school programs for kindergarten and beyond. (2) For excess levies for collection in calendar year 1998 and NEW SECTION. Sec. 6. A new section is added to chapter thereafter, the maximum dollar amount shall be the sum of (a) plus 28A.642 RCW to read as follows: or minus (b), (c), and (d) of this subsection minus (e) of this Nothing in this chapter prohibits schools established under subsection: chapter 28A.--- RCW (the new chapter created in section 9 of this (a) The district's levy base as defined in subsections (3) and (4) act) from: of this section multiplied by the district's maximum levy percentage (1) Implementing a policy of Indian preference in employment; as defined in subsection (((6))) (7) of this section; or (b) For districts in a high/nonhigh relationship, the high school (2) Prioritizing the admission of tribal members where capacity district's maximum levy amount shall be reduced and the nonhigh of the school's programs or facilities is not as large as demand. school district's maximum levy amount shall be increased by an Sec. 7. RCW 49.60.400 and 1999 c 3 s 1 are each amended to amount equal to the estimated amount of the nonhigh payment due read as follows: to the high school district under RCW 28A.545.030(3) and (1) The state shall not discriminate against, or grant preferential 28A.545.050 for the school year commencing the year of the levy; treatment to, any individual or group on the basis of race, sex, color, (c) Except for nonhigh districts under (d) of this subsection, for districts in an interdistrict cooperative agreement, the nonresident

JOURNAL OF THE SENATE 29 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION school district's maximum levy amount shall be reduced and the the allocations the district actually received the prior school year resident school district's maximum levy amount shall be increased pursuant to RCW 28A.400.205. by an amount equal to the per pupil basic education allocation (5) For levy collections in calendar years 2011 through 2017, in included in the nonresident district's levy base under subsection (3) addition to the allocations included under subsections (3)(a) through of this section multiplied by: (c) and (4)(a) and (b) of this section, a district's levy base shall also (i) The number of full-time equivalent students served from the include the difference between an allocation of fifty-three and resident district in the prior school year; multiplied by: two-tenths certificated instructional staff units per thousand (ii) The serving district's maximum levy percentage determined full-time equivalent students in grades kindergarten through four under subsection (((6))) (7) of this section; increased by: enrolled in the prior school year and the allocation of certificated (iii) The percent increase per full-time equivalent student as instructional staff units per thousand full-time equivalent students in stated in the state basic education appropriation section of the grades kindergarten through four that the district actually received in biennial budget between the prior school year and the current school the prior school year, except that the levy base for a school district year divided by fifty-five percent; whose allocation in the 2009-10 school year was less than fifty-three (d) The levy bases of nonhigh districts participating in an and two-tenths certificated instructional staff units per thousand innovation academy cooperative established under RCW full-time equivalent students in grades kindergarten through four 28A.340.080 shall be adjusted by the office of the superintendent of shall include the difference between the allocation the district public instruction to reflect each district's proportional share of actually received in the 2009-10 school year and the allocation the student enrollment in the cooperative; district actually received in the prior school year. (e) The district's maximum levy amount shall be reduced by the (6) For levy collections beginning in calendar year 2014 and maximum amount of state matching funds for which the district is thereafter, in addition to the allocations included under subsections eligible under RCW 28A.500.010. (3)(a) through (c), (4)(a) and (b), and (5) of this section, a district's (3) For excess levies for collection in calendar year 2005 and levy base shall also include the funds allocated by the thereafter, a district's levy base shall be the sum of allocations in (a) superintendent of public instruction under section 5 of this act to a through (c) of this subsection received by the district for the prior school that is the subject of a state-tribal education compact and that school year and the amounts determined under subsection (4) of this formerly contracted with the school district to provide educational section, including allocations for compensation increases, plus the services through an interlocal agreement and received funding from sum of such allocations multiplied by the percent increase per full the district. time equivalent student as stated in the state basic education (7)(a) A district's maximum levy percentage shall be appropriation section of the biennial budget between the prior twenty-four percent in 2010 and twenty-eight percent in 2011 school year and the current school year and divided by fifty-five through 2017 and twenty-four percent every year thereafter; percent. A district's levy base shall not include local school district (b) For qualifying districts, in addition to the percentage in (a) of property tax levies or other local revenues, or state and federal this subsection the grandfathered percentage determined as follows: allocations not identified in (a) through (c) of this subsection. (i) For 1997, the difference between the district's 1993 (a) The district's basic education allocation as determined maximum levy percentage and twenty percent; and pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350; (ii) For 2011 through 2017, the percentage calculated as (b) State and federal categorical allocations for the following follows: programs: (A) Multiply the grandfathered percentage for the prior year (i) Pupil transportation; times the district's levy base determined under subsection (3) of this (ii) Special education; section; (iii) Education of highly capable students; (B) Reduce the result of (b)(ii)(A) of this subsection by any levy (iv) Compensatory education, including but not limited to reduction funds as defined in subsection (((7))) (8) of this section learning assistance, migrant education, Indian education, refugee that are to be allocated to the district for the current school year; programs, and bilingual education; (C) Divide the result of (b)(ii)(B) of this subsection by the (v) Food services; and district's levy base; and (vi) Statewide block grant programs; and (D) Take the greater of zero or the percentage calculated in (c) Any other federal allocations for elementary and secondary (b)(ii)(C) of this subsection. school programs, including direct grants, other than federal impact (((7))) (8) "Levy reduction funds" shall mean increases in state aid funds and allocations in lieu of taxes. funds from the prior school year for programs included under (4) For levy collections in calendar years 2005 through 2017, in subsections (3) and (4) of this section: (a) That are not attributable addition to the allocations included under subsection (3)(a) through to enrollment changes, compensation increases, or inflationary (c) of this section, a district's levy base shall also include the adjustments; and (b) that are or were specifically identified as levy following: reduction funds in the appropriations act. If levy reduction funds (a)(i) For levy collections in calendar year 2010, the difference are dependent on formula factors which would not be finalized until between the allocation the district would have received in the after the start of the current school year, the superintendent of public current school year had RCW 84.52.068 not been amended by instruction shall estimate the total amount of levy reduction funds by chapter 19, Laws of 2003 1st sp. sess. and the allocation the district using prior school year data in place of current school year data. received in the current school year pursuant to RCW 28A.505.220; Levy reduction funds shall not include moneys received by school (ii) For levy collections in calendar years 2011 through 2017, districts from cities or counties. the allocation rate the district would have received in the prior (((8))) (9) The definitions in this subsection apply throughout school year using the Initiative 728 rate multiplied by the full-time this section unless the context clearly requires otherwise. equivalent student enrollment used to calculate the Initiative 728 (a) "Prior school year" means the most recent school year allocation for the prior school year; and completed prior to the year in which the levies are to be collected. (b) The difference between the allocations the district would (b) "Current school year" means the year immediately following have received the prior school year using the Initiative 732 base and the prior school year.

30 JOURNAL OF THE SENATE (c) "Initiative 728 rate" means the allocation rate at which the The measure was read the second time. student achievement program would have been funded under chapter 3, Laws of 2001, if all annual adjustments to the initial 2001 MOTION allocation rate had been made in previous years and in each subsequent year as provided for under chapter 3, Laws of 2001. On motion of Senator Roach, the rules were suspended, (d) "Initiative 732 base" means the prior year's state allocation Engrossed Substitute House Bill No. 1717 was advanced to third for annual salary cost-of-living increases for district employees in reading, the second reading considered the third and the bill was the state-funded salary base as it would have been calculated under placed on final passage. chapter 4, Laws of 2001, if each annual cost-of-living increase Senators Roach and Hasegawa spoke in favor of passage of allocation had been provided in previous years and in each the bill. subsequent year. (((9))) (10) Funds collected from transportation vehicle fund tax The President declared the question before the Senate to be levies shall not be subject to the levy limitations in this section. the final passage of Engrossed Substitute House Bill No. 1717. (((10))) (11) The superintendent of public instruction shall develop rules and inform school districts of the pertinent data ROLL CALL necessary to carry out the provisions of this section. (((11))) (12) For calendar year 2009, the office of the The Secretary called the roll on the final passage of superintendent of public instruction shall recalculate school district Engrossed Substitute House Bill No. 1717 and the bill passed the levy authority to reflect levy rates certified by school districts for Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; calendar year 2009. Excused, 1. NEW SECTION. Sec. 9. Sections 1 through 5 of this act Voting yea: Senators Bailey, Baumgartner, Becker, Benton, constitute a new chapter in Title 28A RCW. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, NEW SECTION. Sec. 10. Section 8 of this act expires Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, January 1, 2018." Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, The President declared the question before the Senate to be McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, the adoption of the committee striking amendment by the Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Committee on Ways & Means to Engrossed Second Substitute Shin, Smith and Tom House Bill No. 1134. Excused: Senator Carrell The motion by Senator Litzow carried and the committee ENGROSSED SUBSTITUTE HOUSE BILL NO. 1717, striking amendment was adopted by voice vote. having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand MOTION as the title of the act.

Senator Litzow moved that the amendment on page 2, line SECOND READING 11 by Senator Litzow to the committee striking amendment be adopted. SUBSTITUTE HOUSE BILL NO. 1261, by House REMARKS BY THE PRESIDENT Committee on Early Learning & Human Services (originally sponsored by Representatives Hope and Santos) President Owen: “We don’t show a floor amendment. Do you have a floor amendment you want to show us?” Establishing receiving care centers for emergency and crisis care for children removed from their homes. Revised for 1st NOTICE OF RECONSIDERATION Substitute: Establishing a resource and assessment center license for agencies to provide short-term emergency and crisis care for Senator Fain, having voted on the prevailing side, gave notice children removed from their homes. of reconsideration of the vote by which the committee striking amendment to by the Committee on Ways & Means to Engrossed The measure was read the second time. Second Substitute House Bill No. 1134 was adopted by the senate. MOTION

MOTION On motion of Senator Pearson, the rules were suspended, Substitute House Bill No. 1261 was advanced to third reading, the On motion of Senator Fain, further consideration of second reading considered the third and the bill was placed on Engrossed Second Substitute House Bill No. 1134 was deferred final passage. and the bill held its place on the second reading calendar. Senator Pearson spoke in favor of passage of the bill.

SECOND READING The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1261. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1717, by House Committee on Local Government (originally sponsored by ROLL CALL Representatives Fitzgibbon, Jinkins, Liias, Maxwell, Roberts, Pollet, Upthegrove, Morrell and Springer) The Secretary called the roll on the final passage of Substitute House Bill No. 1261 and the bill passed the Senate by the Incentivizing up-front environmental planning, review, and following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1. infrastructure construction actions. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier,

JOURNAL OF THE SENATE 31 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, On motion of Senator Litzow, the rules were suspended, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Engrossed Second Substitute House Bill No. 1134 as amended by Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, the Senate was advanced to third reading, the second reading McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, considered the third and the bill was placed on final passage. Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Senators Litzow, McAuliffe and Sheldon spoke in favor of Shin, Smith and Tom passage of the bill. Excused: Senator Carrell SUBSTITUTE HOUSE BILL NO. 1261, having received the The President declared the question before the Senate to be constitutional majority, was declared passed. There being no the final passage of Engrossed Second Substitute House Bill No. objection, the title of the bill was ordered to stand as the title of 1134 as amended by the Senate. the act. ROLL CALL The Senate resumed consideration of Engrossed Second Substitute House Bill No. 1134 which had been deferred earlier in The Secretary called the roll on the final passage of the day. Engrossed Second Substitute House Bill No. 1134 as amended by the Senate and the bill passed the Senate by the following vote: On motion of Senator Fain, having given prior notice Yeas, 45; Nays, 3; Absent, 0; Excused, 1. pursuant to Rule 37, the rules were suspended and the Senate Voting yea: Senators Bailey, Baumgartner, Becker, Benton, immediately reconsidered the vote by which the committee Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, striking amendment by the Committee on Ways & Means to Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Engrossed Second Substitute House Bill No. 1134 was adopted Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Keiser, King, Kline, by the Senate earlier in the day. Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, MOTION Schoesler, Sheldon, Shin, Smith and Tom Voting nay: Senators Holmquist Newbry, Honeyford and Senator Litzow moved that the following amendment by Padden Senator Litzow to the committee striking amendment be adopted: Excused: Senator Carrell On page 2, beginning on line 11 of the amendment, after "(a)" ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. strike all material through "(b)" on line 13 1134 as amended by the Senate, having received the Reletter the remaining subsections alphabetically and correct constitutional majority, was declared passed. There being no any internal references accordingly. objection, the title of the bill was ordered to stand as the title of On page 2, beginning on line 27 of the amendment, after "to" the act. strike all material through "compacts." on line 33 and insert "authorize the superintendent of public instruction to enter into SECOND READING state-tribal education compacts." On page 5, beginning on line 32, strike all of subsection (4) HOUSE BILL NO. 1738, by Representatives Hayes, Sells, Correct any internal references accordingly. Seaquist, Dunshee and Ryu Senator Litzow spoke in favor of adoption of the amendment to the committee striking amendment. Authorizing political subdivisions to purchase certain technology and services from the United States government. The President declared the question before the Senate to be the adoption of the amendment by Senator Litzow on page 2, line The measure was read the second time. 11 to the committee striking amendment to Engrossed Second Substitute House Bill No. 1134. MOTION The motion by Senator Litzow carried and the amendment to the committee striking amendment was adopted by voice vote. On motion of Senator Roach, the rules were suspended, House Bill No. 1738 was advanced to third reading, the second The President declared the question before the Senate to be reading considered the third and the bill was placed on final the adoption of the committee striking amendment by the passage. Committee on Ways & Means as amended to Engrossed Second Senators Roach and Hasegawa spoke in favor of passage of Substitute House Bill No. 1134. the bill. The motion by Senator Litzow carried and the committee striking amendment as amended was adopted by voice vote. MOTION

MOTION On motion of Senator Billig, Senator Shin was excused.

There being no objection, the following title amendment was The President declared the question before the Senate to be adopted: the final passage of House Bill No. 1738. On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 49.60.400 and 84.52.0531; ROLL CALL adding a new section to chapter 28A.642 RCW; adding a new chapter to Title 28A RCW; and providing expiration dates." The Secretary called the roll on the final passage of House

Bill No. 1738 and the bill passed the Senate by the following MOTION vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

32 JOURNAL OF THE SENATE Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Senator Darneille moved that the following amendment by Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Senator Darneille be adopted: Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Keiser, King, Kline, On page 2, after line 27, insert the following: Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, “NEW SCTION. Sec. 2. A new section is added to chapter Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, 42.56 RCW to read as follows: Schlicher, Schoesler, Sheldon, Smith and Tom Actual enumeration data collected under RCW 35.15.260, Voting nay: Senators Holmquist Newbry and Honeyford 35A.14.700, and 36.13.030, and chapter 43.62 RCW shall be Excused: Senators Carrell and Shin used and retained only by the office of financial management and HOUSE BILL NO. 1738, having received the constitutional only for the purposes of RCW 35.13.260, 35A.14.700, and majority, was declared passed. There being no objection, the title 36.13.030, and chapter 43.62 RCW. The enumeration data of the bill was ordered to stand as the title of the act. collected is confidential and not subject to public disclosure. The office of financial management must destroy the enumeration SECOND READING data collected after it is used to produce the required population estimates. HOUSE BILL NO. 1447, by Representatives Fey, Hargrove, On page 1, line 2 of the title, after “children;” strike “and” and Clibborn and Zeiger on line 3, after “42.56.230” insert “; and adding a new section to chapter 42.56 RCW” Modifying the boundaries of certain heavy haul corridors. Senator Darneille spoke in favor of adoption of the amendment. The measure was read the second time. WITHDRAWAL OF AMENDMENT MOTION On motion of Senator Darneille, the amendment by Senator On motion of Senator Eide, the rules were suspended, House Darneille on page 2, line 27 to House Bill No. 1203 was Bill No. 1447 was advanced to third reading, the second reading withdrawn. considered the third and the bill was placed on final passage. Senators Eide and King spoke in favor of passage of the bill. MOTION

The President declared the question before the Senate to be On motion of Senator Pearson, the rules were suspended, the final passage of House Bill No. 1447. House Bill No. 1203 was advanced to third reading, the second reading considered the third and the bill was placed on final ROLL CALL passage. Senators Pearson and Darneille spoke in favor of passage of The Secretary called the roll on the final passage of House the bill. Bill No. 1447 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. The President declared the question before the Senate to be Voting yea: Senators Bailey, Baumgartner, Becker, Benton, the final passage of House Bill No. 1203. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, ROLL CALL Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, The Secretary called the roll on the final passage of House McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Bill No. 1203 and the bill passed the Senate by the following Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Smith and Tom Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Excused: Senators Carrell and Shin Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, HOUSE BILL NO. 1447, having received the constitutional Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, majority, was declared passed. There being no objection, the title Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, of the bill was ordered to stand as the title of the act. Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, MOTION Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom On motion of Senator Billig, Senator Murray was excused. Excused: Senators Carrell, Murray and Shin HOUSE BILL NO. 1203, having received the constitutional SECOND READING majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. HOUSE BILL NO. 1203, by Representatives Farrell, Lytton, Kagi, Freeman, Walsh, Ryu, Reykdal, Morrell, Jinkins, Bergquist SECOND READING and Ormsby SUBSTITUTE HOUSE BILL NO. 1270, by House Exempting personal information relating to children from Committee on Health Care & Wellness (originally sponsored by public inspection and copying. Representatives Morrell, Schmick, Green, Harris, Cody and Ryu)

The measure was read the second time. Making the board of denturists the disciplining authority for licensed denturists. MOTION

JOURNAL OF THE SENATE 33 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION The measure was read the second time. Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, MOTION Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom On motion of Senator Dammeier, the rules were suspended, Excused: Senators Carrell, Murray and Shin Substitute House Bill No. 1270 was advanced to third reading, the SUBSTITUTE HOUSE BILL NO. 1271, having received the second reading considered the third and the bill was placed on constitutional majority, was declared passed. There being no final passage. objection, the title of the bill was ordered to stand as the title of Senators Dammeier and Keiser spoke in favor of passage of the act. the bill. SECOND READING The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1270. SUBSTITUTE HOUSE BILL NO. 1180, by House Committee on Appropriations (originally sponsored by ROLL CALL Representatives Scott, Blake, Kristiansen and Santos)

The Secretary called the roll on the final passage of Substitute Addressing death benefits for volunteer firefighters and House Bill No. 1270 and the bill passed the Senate by the reserve officers. following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, The measure was read the second time. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, MOTION Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, On motion of Senator Hill, the rules were suspended, McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, Substitute House Bill No. 1180 was advanced to third reading, the Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and second reading considered the third and the bill was placed on Tom final passage. Excused: Senators Carrell, Murray and Shin Senators Hill and Conway spoke in favor of passage of the SUBSTITUTE HOUSE BILL NO. 1270, having received the bill. constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of The President declared the question before the Senate to be the act. the final passage of Substitute House Bill No. 1180.

SECOND READING ROLL CALL

SUBSTITUTE HOUSE BILL NO. 1271, by House The Secretary called the roll on the final passage of Substitute Committee on Health Care & Wellness (originally sponsored by House Bill No. 1180 and the bill passed the Senate by the Representatives Jinkins, Johnson, Morrell, Green, Harris, Cody, following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Ryu and Tharinger) Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Concerning the practice of denturism. Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, The measure was read the second time. Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Nelson, Padden, Parlette, Pearson, Ranker, MOTION Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom On motion of Senator Dammeier, the rules were suspended, Excused: Senators Carrell, Murray and Shin Substitute House Bill No. 1271 was advanced to third reading, the SUBSTITUTE HOUSE BILL NO. 1180, having received the second reading considered the third and the bill was placed on constitutional majority, was declared passed. There being no final passage. objection, the title of the bill was ordered to stand as the title of Senators Dammeier and Keiser spoke in favor of passage of the act. the bill. SECOND READING The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1271. SECOND SUBSTITUTE HOUSE BILL NO. 1764, by House Committee on Appropriations (originally sponsored by ROLL CALL Representatives Chandler, Stanford, Blake, Appleton and Dunshee) The Secretary called the roll on the final passage of Substitute House Bill No. 1271 and the bill passed the Senate by the Concerning geoduck diver licenses. following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, The measure was read the second time. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, MOTION Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry,

34 JOURNAL OF THE SENATE Senator Pearson moved that the following committee striking (3) Upon the establishment of the geoduck diver safety program amendment by the Committee on Natural Resources & Parks be under section 5 of this act, the geoduck harvest safety committee adopted: must continue to review and evaluate the safety program's success Strike everything after the enacting clause and insert the and effectiveness and recommend to the department appropriate following: changes to improve the geoduck diver safety program. "Sec. 1. RCW 77.65.410 and 1993 c 340 s 24 are each NEW SECTION. Sec. 5. A new section is added to chapter amended to read as follows: 43.30 RCW to read as follows: (1)(a) Every diver engaged in the commercial harvest of subtidal (1) By December 1, 2014, the department must, by rule, create a geoduck clams shall obtain a ((nontransferable)) geoduck diver geoduck diver safety program and establish safety requirements for license. An individual may only own one license and all geoduck geoduck divers licensed under RCW 77.65.410. The department harvesting performed under the license must be done personally by must adopt rules based on the recommendation of the geoduck the actual license holder. harvest safety committee established in section 4 of this act. (b) The licensing requirement created in this section does not (2) The department may adopt, amend, or repeal rules as needed apply to divers engaged in activities related to the cultivation of to ensure the success and effectiveness of the geoduck diver safety geoduck clams as private sector cultured aquatic products as defined program created under subsection (1) of this section. The in RCW 15.85.020. department must consider the recommendations provided by the (c) The geoduck diver license is a nontransferable license. geoduck harvest safety committee under section 4(3) of this act. (2) Beginning January 1, 2015, the director may not issue more (3) The department may not adopt rules in conflict with than seventy-seven geoduck diver licenses in any one year. commercial diving safety standards and regulations promulgated (3) The annual geoduck diver license fee is as provided in RCW and implemented by the federal occupational safety and health 77.65.440. administration established under the federal occupational safety and (4) A geoduck diver license expires on December 31st of each health act of 1970 (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.). year. Prior to the license's expiration, a license holder may apply to (4) A civil suit or action may not be commenced or prosecuted renew the license holder's geoduck diver license only if the license against the administrator, department, or any other government holder is included on a department of natural resources' geoduck officer or entity by reason of any actions taken in connection with harvest agreement plan of operation during the applicable current the adoption or enforcement of the geoduck diver safety program calendar year. and safety requirements established under subsections (1) and (2) of (5) Beginning January 1, 2015, each person applying for or this section. The state of Washington does not waive its sovereign renewing a geoduck diver license under this section must complete immunity with respect to any actions taken by the department under the geoduck diver safety program established in section 5 of this act this section. prior to being issued a license. Sec. 6. RCW 79.135.210 and 2005 c 155 s 708 and 2005 c NEW SECTION. Sec. 2. (1) The director of the department 113 s 3 are each reenacted and amended to read as follows: of fish and wildlife shall give individuals who held a geoduck diver (1) Except as provided in RCW 79.135.040, geoducks shall be license in 2011, 2012, 2013, or 2014, and who were listed on a sold as valuable materials under the provisions of chapter 79.90 department of natural resources' geoduck harvest agreement plan of RCW. After confirmation of the sale, the department may enter operation during the same period, the right of first refusal to into an agreement with the purchaser for the harvesting of geoducks. purchase a geoduck diver license for the 2015 license year. The department may place terms and conditions in the harvesting (2) Any license holder who qualifies for the right of first refusal agreements as the department deems necessary. The department under this section must have his or her intent to purchase a geoduck may enforce the provisions of any harvesting agreement by diver license in 2015 known to the director of the department of fish suspending or canceling the harvesting agreement or through any and wildlife within six months of the effective date of this section. other means contained in the harvesting agreement. Any geoduck (3) This section expires June 30, 2016. harvester may terminate a harvesting agreement entered into NEW SECTION. Sec. 3. A new section is added to chapter pursuant to this subsection if actions of a governmental agency, 77.65 RCW to read as follows: beyond the control of the harvester, its agents, or its employees, The department must revoke a geoduck diver license issued prohibit harvesting, for a period exceeding thirty days during the under RCW 77.65.410, and the licensee must surrender the license, term of the harvesting agreement, except as provided within the if the licensee is found in violation of a department of natural agreement. Upon termination of the agreement by the harvester, resources' geoduck harvest agreement two or more times. The the harvester shall be reimbursed by the department for the cost paid person surrendering the geoduck diver license may not hold another to the department on the agreement, less the value of the harvest geoduck diver license for a period of one calendar year from the date already accomplished by the harvester under the agreement. the license is surrendered. (2) Harvesting agreements under this title for the purpose of NEW SECTION. Sec. 4. A new section is added to chapter harvesting geoducks shall require the harvester and the harvester's 43.30 RCW to read as follows: agent or representatives to comply with all applicable commercial (1) The department shall establish a geoduck harvest safety diving safety standards and regulations promulgated and committee. The geoduck harvest safety committee consists of one implemented by the federal occupational safety and health representative from the department, one representative from the administration established under the federal occupational safety and department's geoduck diver advisory committee, one representative health act of 1970 as the law exists or as amended (84 Stat. 1590 et from an organization representing the interests of geoduck seq.; 29 U.S.C. Sec. 651 et seq.). However, for the purposes of this harvesters, and one representative from an organization representing section and RCW 77.60.070, all persons who dive for geoducks are the interests of geoduck divers. Each representative must be deemed to be employees as defined by the federal occupational appointed by the administrator. safety and health act. All harvesting agreements shall provide that (2) The geoduck harvest safety committee must meet at least failure to comply with these standards is cause for suspension or quarterly. By December 1, 2013, the committee must submit a cancellation of the harvesting agreement. Further, for the purposes recommendation to the department regarding the establishment of a of this subsection if the harvester contracts with another person or geoduck diver safety program and safety requirements for geoduck entity for the harvesting of geoducks, the harvesting agreement shall divers licensed under RCW 77.65.410. not be suspended or canceled if the harvester terminates its business

JOURNAL OF THE SENATE 35 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION relationship with such an entity until compliance with this SUBSTITUTE HOUSE BILL NO. 1941, by House subsection is secured. Committee on Transportation (originally sponsored by (3) Beginning January 1, 2015, geoduck divers licensed under RCW Representatives Habib, Clibborn and Springer) 77.65.410 must annually complete the geoduck diver safety program established in section 5 of this act in order to be maintained Concerning the adjudication of tolls and accompanying civil on a department of natural resources' harvest agreement plan of penalties. operation. NEW SECTION. Sec. 7. The department of fish and The measure was read the second time. wildlife may adopt any rules deemed necessary to implement sections 1 through 3 of this act." MOTION Senator Pearson spoke in favor of adoption of the committee striking amendment. Senator Eide moved that the following committee striking amendment by the Committee on Transportation be adopted: The President declared the question before the Senate to be Strike everything after the enacting clause and insert the the adoption of the committee striking amendment by the following: Committee on Natural Resources & Parks to Second Substitute "Sec. 1. RCW 46.63.160 and 2011 c 367 s 705 are each House Bill No. 1764. amended to read as follows: The motion by Senator Pearson carried and the committee (1) This section applies only to civil penalties for nonpayment striking amendment was adopted by voice vote. of tolls detected through use of photo toll systems. (2) Nothing in this section prohibits a law enforcement officer MOTION from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), There being no objection, the following title amendment (b), or (c). was adopted: (3) A notice of civil penalty may be issued by the department of On page 1, line 1 of the title, after "licenses;" strike the transportation when a toll is assessed through use of a photo toll remainder of the title and insert "amending RCW 77.65.410; system and the toll is not paid by the toll payment due date, which is reenacting and amending RCW 79.135.210; adding a new section to eighty days from the date the vehicle uses the toll facility and incurs chapter 77.65 RCW; adding new sections to chapter 43.30 RCW; the toll charge. creating new sections; and providing an expiration date." (4) Any registered owner or renter of a vehicle traveling upon a toll facility operated under chapter 47.56 or 47.46 RCW is subject to MOTION a civil penalty governed by the administrative procedures set forth in this section when the vehicle incurs a toll charge and the toll is not On motion of Senator Pearson, the rules were suspended, paid by the toll payment due date, which is eighty days from the date Second Substitute House Bill No. 1764 as amended by the Senate the vehicle uses the toll facility and incurs the toll charge. was advanced to third reading, the second reading considered the (5)(a) Consistent with chapter 34.05 RCW, the department of third and the bill was placed on final passage. transportation shall develop an administrative adjudication process Senators Pearson and Rolfes spoke in favor of passage of the to review appeals of civil penalties issued by the department of bill. transportation for toll nonpayment detected through the use of a photo toll system under this section. The department of The President declared the question before the Senate to be transportation shall submit to the transportation committees of the the final passage of Second Substitute House Bill No. 1764 as legislature an annual report on the number of times adjudicators amended by the Senate. reduce or dismiss the civil penalty as provided in (b) of this subsection and the total amount of the civil penalties dismissed. ROLL CALL The report must be submitted by December 1st of each year. (b) During the adjudication process, the alleged violator must The Secretary called the roll on the final passage of Second have an opportunity to explain mitigating circumstances. Substitute House Bill No. 1764 as amended by the Senate and Hospitalization, a divorce decree or legal separation agreement the bill passed the Senate by the following vote: Yeas, 45; Nays, resulting in a transfer of the vehicle, an active duty member of the 2; Absent, 0; Excused, 2. military or national guard covered by the federal servicemembers Voting yea: Senators Bailey, Baumgartner, Becker, Benton, civil relief act, 50 U.S.C. Sec. 501 et seq., or state service members' Billig, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, civil relief act, chapter 38.42 RCW, eviction, homelessness, the Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, death of the alleged violator or of an immediate family member, or if Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, the alleged violator did not receive a toll charge bill or notice of civil King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, penalty are valid mitigating circumstances. All of these reasons Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, that constitute mitigating circumstances must occur within a Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom reasonable time of the alleged toll violation. In response to these Voting nay: Senators Braun and Holmquist Newbry circumstances, the adjudicator may reduce or dismiss the civil Excused: Senators Carrell and Shin penalty. SECOND SUBSTITUTE HOUSE BILL NO. 1764 as (6) The use of a photo toll system is subject to the following amended by the Senate, having received the constitutional requirements: majority, was declared passed. There being no objection, the title (a) Photo toll systems may take photographs, digital of the bill was ordered to stand as the title of the act. photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only. SECOND READING (b) A notice of civil penalty must include with it a certificate or facsimile thereof, based upon inspection of photographs,

36 JOURNAL OF THE SENATE microphotographs, videotape, or other recorded images produced by (10) If the registered owner of the vehicle is a rental car a photo toll system, stating the facts supporting the notice of civil business, the department of transportation shall, before a toll bill is penalty. This certificate or facsimile is prima facie evidence of the issued, provide a written notice to the rental car business that a toll facts contained in it and is admissible in a proceeding established bill may be issued to the rental car business if the rental car business under subsection (5) of this section. The photographs, digital does not, within thirty days of the mailing of the written notice, photographs, microphotographs, videotape, or other recorded provide to the issuing agency by return mail: images evidencing the toll nonpayment civil penalty must be (a) A statement under oath stating the name and known mailing available for inspection and admission into evidence in a proceeding address of the individual driving or renting the vehicle when the toll to adjudicate the liability for the civil penalty. was assessed; or (c) Notwithstanding any other provision of law, all photographs, (b) A statement under oath that the business is unable to digital photographs, microphotographs, videotape, other recorded determine who was driving or renting the vehicle at the time the toll images, or other records identifying a specific instance of travel was assessed because the vehicle was stolen at the time the toll was prepared under this ((chapter)) section are for the exclusive use of assessed. A statement provided under this subsection must be the tolling agency for toll collection and enforcement purposes and accompanied by a copy of a filed police report regarding the vehicle are not open to the public and may not be used in a court in a theft; or pending action or proceeding unless the action or proceeding relates (c) In lieu of identifying the vehicle operator, the rental car to a civil penalty under this ((chapter)) section. No photograph, business may pay the applicable toll and fee. digital photograph, microphotograph, videotape, other recorded Timely mailing of this statement to the issuing agency relieves a image, or other record identifying a specific instance of travel may rental car business of any liability under this section for the payment be used for any purpose other than toll collection or enforcement of of the toll. civil penalties under this section. Records identifying a specific (11) Consistent with chapter 34.05 RCW, the department of instance of travel by a specific person or vehicle must be retained transportation shall develop rules to implement this section. only as required to ensure payment and enforcement of tolls and to (12) For the purposes of this section, "photo toll system" means comply with state records retention policies. the system defined in RCW 47.56.010 and 47.46.020." (d) All locations where a photo toll system is used must be Senator Eide spoke in favor of adoption of the committee clearly marked by placing signs in locations that clearly indicate to a striking amendment. driver that he or she is entering a zone where tolls are assessed and enforced by a photo toll system. The President declared the question before the Senate to be (e) Within existing resources, the department of transportation the adoption of the committee striking amendment by the shall conduct education and outreach efforts at least six months prior Committee on Transportation to Substitute House Bill No. 1941. to activating an all-electronic photo toll system. Methods of The motion by Senator Eide carried and the committee outreach shall include a department presence at community striking amendment was adopted by voice vote. meetings in the vicinity of a toll facility, signage, and information published in local media. Information provided shall include MOTION notice of when all electronic photo tolling shall begin and methods of payment. Additionally, the department shall provide quarterly There being no objection, the following title amendment was reporting on education and outreach efforts and other data related to adopted: the issuance of civil penalties. On page 1, line 2 of the title, after "penalties;" strike the (f) The envelope containing a toll charge bill or related notice issued remainder of the title and insert "and amending RCW 46.63.160." pursuant to RCW 47.46.105 or 47.56.795, or a notice of civil penalty issued under this section, must prominently indicate that the MOTION contents are time sensitive and related to a toll violation. (7) Civil penalties for toll nonpayment detected through the use On motion of Senator Eide, the rules were suspended, of photo toll systems must be issued to the registered owner of the Substitute House Bill No. 1941 as amended by the Senate was vehicle identified by the photo toll system, but are not part of the advanced to third reading, the second reading considered the third registered owner's driving record under RCW 46.52.101 and and the bill was placed on final passage. 46.52.120. Senators Eide and King spoke in favor of passage of the bill. (8) The civil penalty for toll nonpayment detected through the use of a photo toll system is forty dollars plus the photo toll and MOTION associated fees. (9) Except as provided otherwise in this subsection, all civil On motion of Senator Hobbs, Senator Hatfield was excused. penalties, including the photo toll and associated fees, collected under this section must be deposited into the toll facility account of The President declared the question before the Senate to be the facility on which the toll was assessed. However, through June the final passage of Substitute House Bill No. 1941 as amended 30, 2013, civil penalties deposited into the Tacoma Narrows toll by the Senate. bridge account created under RCW 47.56.165 that are in excess of amounts necessary to support the toll adjudication process ROLL CALL applicable to toll collection on the Tacoma Narrows bridge must first be allocated toward repayment of operating loans and reserve The Secretary called the roll on the final passage of Substitute payments provided to the account from the motor vehicle account House Bill No. 1941 as amended by the Senate and the bill under section 1005(15), chapter 518, Laws of 2007. Additionally, passed the Senate by the following vote: Yeas, 47; Nays, 0; all civil penalties, resulting from nonpayment of tolls on the state Absent, 0; Excused, 2. route number 520 corridor, shall be deposited into the state route Voting yea: Senators Bailey, Baumgartner, Becker, Benton, number 520 civil penalties account created under section 4, chapter Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, 248, Laws of 2010 but only if chapter 248, Laws of 2010 is enacted Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, by June 30, 2010. Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry,

JOURNAL OF THE SENATE 37 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, negate the requirement that an individual meet medical necessity McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, requirements under authority rules to qualify for receiving a Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, complex rehabilitation product. Smith and Tom (b) "Complex rehabilitation technology" means wheelchairs Excused: Senators Carrell and Shin and seating systems classified as durable medical equipment within SUBSTITUTE HOUSE BILL NO. 1941 as amended by the the medicare program as of January 1, 2013, that: Senate, having received the constitutional majority, was declared (i) Are individually configured for individuals to meet their passed. There being no objection, the title of the bill was ordered specific and unique medical, physical, and functional needs and to stand as the title of the act. capacities for basic activities of daily living and instrumental activities of daily living identified as medically necessary to prevent SECOND READING hospitalization or institutionalization of a complex needs patient; (ii) Are primarily used to serve a medical purpose and generally ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. not useful to a person in the absence of an illness or injury; and 1445, by House Committee on Appropriations Subcommittee on (iii) Require certain services to allow for appropriate design, Health & Human Services (originally sponsored by configuration, and use of such item, including patient evaluation and Representatives Cody, Green, Jinkins and Morrell) equipment fitting and configuration. (c) "Individually configured" means a device has a combination Concerning complex rehabilitation technology products. of features, adjustments, or modifications specific to a complex needs patient that a qualified complex rehabilitation technology The measure was read the second time. supplier provides by measuring, fitting, programming, adjusting, or adapting the device as appropriate so that the device is consistent MOTION with an assessment or evaluation of the complex needs patient by a health care professional and consistent with the complex needs Senator Becker moved that the following committee striking patient's medical condition, physical and functional needs and amendment by the Committee on Ways & Means be adopted: capacities, body size, period of need, and intended use. Strike everything after the enacting clause and insert the (d) "Qualified complex rehabilitation technology supplier" following: means a company or entity that: "NEW SECTION. Sec. 1. The legislature intends to: (i) Is accredited by a recognized accrediting organization as a (1) Protect access for complex needs patients to important supplier of complex rehabilitation technology; technology and supporting services; (ii) Meets the supplier and quality standards established for (2) Establish and improve safeguards relating to the delivery durable medical equipment suppliers under the medicare program; and provision of medically necessary complex rehabilitation (iii) For each site that it operates, employs at least one complex technology; and rehabilitation technology professional, who has been certified by the (3) Provide supports for complex needs patients to stay in the rehabilitation engineering and assistive technology society of North home or community setting, prevent institutionalization, and America as an assistive technology professional, to analyze the prevent hospitalizations and other costly secondary complications. needs and capacities of complex needs patients, assist in selecting NEW SECTION. Sec. 2. A new section is added to chapter appropriate covered complex rehabilitation technology items for 74.09 RCW to read as follows: such needs and capacities, and provide training in the use of the (1) The authority shall establish a separate recognition for selected covered complex rehabilitation technology items; individually configured, complex rehabilitation technology (iv) Has the complex rehabilitation technology professional products and services for complex needs patients with the medical physically present for the evaluation and determination of the assistance program. This separate recognition shall: appropriate individually configured complex rehabilitation (a) Establish a budget and services category separate from other technologies for the complex needs patient; categories, such as durable medical equipment and supplies; (v) Provides service and repairs by qualified technicians for all (b) Take into consideration the customized nature of complex complex rehabilitation technology products it sells; and rehabilitation technology and the broad range of services necessary (vi) Provides written information to the complex needs patient to meet the unique medical and functional needs of people with at the time of delivery about how the individual may receive service complex medical needs; and and repair. (c) Establish standards for the purchase of complex NEW SECTION. Sec. 3. This act takes effect January 1, rehabilitation technology exclusively from qualified complex 2014." rehabilitation technology suppliers. (2) The authority shall require complex needs patients receiving The President declared the question before the Senate to be complex rehabilitation technology to be evaluated by: the adoption of the committee striking amendment by the (a) A licensed health care provider who performs specialty Committee on Ways & Means to Engrossed Second Substitute evaluations within his or her scope of practice, including a physical House Bill No. 1445. therapist licensed under chapter 18.74 RCW and an occupational The motion by Senator Becker carried and the committee therapist licensed under chapter 18.59 RCW, and has no financial striking amendment was adopted by voice vote. relationship with the qualified complex rehabilitation technology supplier; and MOTION (b) A qualified complex rehabilitation technology professional, as identified in subsection (3)(d)(iii) of this section. There being no objection, the following title amendment was (3) As used in this section: adopted: (a) "Complex needs patient" means an individual with a On page 1, line 1 of the title, after "products;" strike the diagnosis or medical condition that results in significant physical or remainder of the title and insert "adding a new section to chapter functional needs and capacities. "Complex needs patient" does not

38 JOURNAL OF THE SENATE 74.09 RCW; creating a new section; and providing an effective The Secretary called the roll on the final passage of Substitute date." House Bill No. 1256 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2. MOTION Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, On motion of Senator Becker, the rules were suspended, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Engrossed Second Substitute House Bill No. 1445 as amended by Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, the Senate was advanced to third reading, the second reading King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, considered the third and the bill was placed on final passage. Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Senators Becker and Keiser spoke in favor of passage of the Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom bill. Voting nay: Senator Holmquist Newbry Excused: Senators Carrell and Shin MOTION SUBSTITUTE HOUSE BILL NO. 1256, having received the constitutional majority, was declared passed. There being no On motion of Senator Nelson, Senator Chase was excused. objection, the title of the bill was ordered to stand as the title of the act. The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. The Senate resumed consideration of Substitute House Bill 1445 as amended by the Senate. No. 1466 which had been deferred earlier in the day.

ROLL CALL Senator Dammeier spoke in favor of the committee striking amendment as amended. The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1445 as amended by The President declared the question before the Senate to be the Senate and the bill passed the Senate by the following vote: the adoption of the committee striking amendment by the Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Committee on Ways & Means as amended to Substitute House Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Bill No. 1466. Billig, Braun, Brown, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, The motion by Senator Dammeier carried and the committee Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, striking amendment as amended was adopted by a rising vote. Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, MOTION Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom There being no objection, the following title amendment was Excused: Senators Carrell, Chase and Shin adopted: ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. On page 1, line 2 of the title, after "procedures;" strike the 1445 as amended by the Senate, having received the remainder of the title and insert "amending RCW 39.10.220, constitutional majority, was declared passed. There being no 39.10.230, 39.10.240, 39.10.250, 39.10.260, 39.10.270, 39.10.280, objection, the title of the bill was ordered to stand as the title of 39.10.300, 39.10.320, 39.10.330, 39.10.340, 39.10.360, 39.10.380, the act. 39.10.385, 39.10.390, 39.10.400, 39.10.420, 39.10.440, 39.10.490, 43.131.407, and 43.131.408; reenacting and amending RCW SECOND READING 39.10.210; adding a new section to chapter 43.131 RCW; repealing RCW 39.10.500 and 39.10.510; providing an effective date; SUBSTITUTE HOUSE BILL NO. 1256, by House providing a contingent effective date; providing an expiration date; Committee on Transportation (originally sponsored by and declaring an emergency." Representatives Fey, Orcutt, Tarleton, Jinkins and Morrell) MOTION Addressing project selection by the freight mobility strategic investment board. On motion of Senator Dammeier, the rules were suspended, Substitute House Bill No. 1466 as amended by the Senate was The measure was read the second time. advanced to third reading, the second reading considered the third and the bill was placed on final passage. MOTION Senators Dammeier and Hasegawa spoke in favor of passage of the bill. On motion of Senator King, the rules were suspended, Substitute House Bill No. 1256 was advanced to third reading, the The President declared the question before the Senate to be second reading considered the third and the bill was placed on the final passage of Substitute House Bill No. 1466 as amended final passage. by the Senate. Senators King, Eide and Benton spoke in favor of passage of the bill. ROLL CALL

The President declared the question before the Senate to be The Secretary called the roll on the final passage of Substitute the final passage of Substitute House Bill No. 1256. House Bill No. 1466 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; ROLL CALL Absent, 0; Excused, 2.

JOURNAL OF THE SENATE 39 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Hearing Loss and the appointment was confirmed by the Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4. Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Honeyford, Keiser, King, Kohl-Welles, Litzow, McAuliffe, Smith and Tom Mullet, Murray, Padden, Parlette, Pearson, Ranker, Rivers, Excused: Senators Carrell and Shin Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom SUBSTITUTE HOUSE BILL NO. 1466 as amended by the Absent: Senator Kline Senate, having received the constitutional majority, was declared Excused: Senators Carrell, Harper, Nelson and Shin passed. There being no objection, the title of the bill was ordered Ariele Belo, Gubernatorial Appointment No. 9077, having to stand as the title of the act. received the constitutional majority was declared confirmed as a member of the Board of Trustees for the Center of Childhood MOTION Deafness and Hearing Loss.

On motion of Senator Fain, Rule 15 was suspended for the MOTION remainder of the day for the purpose of allowing continued floor action. On motion of Senator Billig, Senator Kline was excused.

EDITOR’S NOTE: Senate Rule 15 establishes the floor MOTION schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions. On motion of Senator Fain, the Senate reverted to the sixth order of business. MOTION SECOND READING At 6:06 p.m., on motion of Senator Fain, the Senate was declared to be at ease subject to the call of the President. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1432, by House Committee on Finance (originally sponsored by EVENING SESSION Representatives Stanford, Hope, Moscoso, Springer, Hayes, Roberts, McCoy, Liias, Kristiansen and Sells) The Senate was called to order at 6:45 p.m. by President Owen. Concerning county property tax levies.

MOTION The measure was read the second time.

On motion of Senator Fain, the Senate advanced to the MOTION seventh order of business. Senator Hobbs moved that the following amendment by THIRD READING Senator Rolfes be adopted: CONFIRMATION OF GUBERNATORIAL APPOINTMENTS On page 2, after line 35, insert the following: "(4) Subsections (2) and (3) of this section do not preclude a MOTION county from increasing the levy amount in subsection (1) of this section to an amount that is greater than the change in the regular Senator Dammeier moved that Ariele Belo, Gubernatorial county levy." Appointment No. 9077, be confirmed as a member of the Board On page 4, after line 26, insert the following: of Trustees for the Center of Childhood Deafness and Hearing "(6) Subsections (2), (4), and (5) of this section do not preclude Loss. a county from increasing the levy amount in subsection (1) of this Senator Dammeier spoke in favor of the motion. section to an amount that is greater than the change in the regular county levy." MOTION Senators Hobbs, Rolfes and Hill spoke in favor of adoption of the amendment. On motion of Senator Billig, Senators Harper and Nelson were excused. The President declared the question before the Senate to be the adoption of the amendment by Senator Rolfes on page 2, after APPOINTMENT OF ARIELE BELO line 35 to Engrossed Substitute House Bill No. 1432. The motion by Senator Hobbs carried and the amendment The President declared the question before the Senate to be was adopted by voice vote. the confirmation of Ariele Belo, Gubernatorial Appointment No. 9077, as a member of the Board of Trustees for the Center of MOTION Childhood Deafness and Hearing Loss. On motion of Senator Hill, the rules were suspended, The Secretary called the roll on the confirmation of Ariele Engrossed Substitute House Bill No. 1432 as amended by the Belo, Gubernatorial Appointment No. 9077, as a member of the Senate was advanced to third reading, the second reading Board of Trustees for the Center of Childhood Deafness and considered the third and the bill was placed on final passage.

40 JOURNAL OF THE SENATE Senator Hill spoke in favor of passage of the bill. The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1144 as amended The President declared the question before the Senate to be by the Senate. the final passage of Engrossed Substitute House Bill No. 1432 as amended by the Senate. ROLL CALL

ROLL CALL The Secretary called the roll on the final passage of Substitute House Bill No. 1144 as amended by the Senate and the bill The Secretary called the roll on the final passage of passed the Senate by the following vote: Yeas, 45; Nays, 0; Engrossed Substitute House Bill No. 1432 as amended by the Absent, 0; Excused, 4. Senate and the bill passed the Senate by the following vote: Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Yeas, 45; Nays, 0; Absent, 0; Excused, 4. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, McAuliffe, Mullet, Murray, Padden, Parlette, Pearson, Ranker, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and McAuliffe, Mullet, Murray, Padden, Parlette, Pearson, Ranker, Tom Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Excused: Senators Carrell, Harper, Nelson and Shin Tom SUBSTITUTE HOUSE BILL NO. 1144 as amended by the Excused: Senators Carrell, Harper, Nelson and Shin Senate, having received the constitutional majority, was declared ENGROSSED SUBSTITUTE HOUSE BILL NO. 1432 as passed. There being no objection, the title of the bill was ordered amended by the Senate, having received the constitutional to stand as the title of the act. majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. SECOND READING

SECOND READING ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247, by House Committee on Labor & Workforce Development SUBSTITUTE HOUSE BILL NO. 1144, by House (originally sponsored by Representatives Hansen, Warnick, Committee on Education (originally sponsored by Smith, Zeiger, Fey, Springer, Tharinger and Santos) Representatives Dahlquist, Lytton, Fagan, Haigh, Moscoso, Magendanz, Liias, Ryu and Santos) Modifying job skills program provisions.

Regarding qualifications for educational interpreters. The measure was read the second time.

The measure was read the second time. MOTION

MOTION On motion of Senator Bailey, the rules were suspended, Engrossed Substitute House Bill No. 1247 was advanced to third Senator McAuliffe moved that the following amendment by reading, the second reading considered the third and the bill was Senators McAuliffe and Dammeier be adopted: placed on final passage. On page 2, beginning on line 20, after "(4)" strike all material Senator Bailey spoke in favor of passage of the bill. through "deaf." on line 24 and insert "By December 31, 2013, the professional educator standards board shall recommend to the REMARKS BY THE PRESIDENT education committees of the house of representatives and the senate, how to appropriately use the national interpreter certification and the President Owen: “I am. Every word. Senator. Please state educational interpreter performance assessment for educational your point of order.” interpreters in Washington public schools." Senator McAuliffe spoke in favor of adoption of the POINT OF ORDER amendment. Senator Roach: “I’m listening.” The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Senator Kohl-Welles spoke in favor of passage of the bill. Dammeier on page 2, line 20 to Substitute House Bill No. 1144. The motion by Senator McAuliffe carried and the amendment The President declared the question before the Senate to be was adopted by voice vote. the final passage of Engrossed Substitute House Bill No. 1247.

MOTION ROLL CALL

On motion of Senator Dammeier, the rules were suspended, The Secretary called the roll on the final passage of Substitute House Bill No. 1144 as amended by the Senate was Engrossed Substitute House Bill No. 1247 and the bill passed the advanced to third reading, the second reading considered the third Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; and the bill was placed on final passage. Excused, 3. Senators Dammeier and McAuliffe spoke in favor of passage Voting yea: Senators Bailey, Baumgartner, Becker, Benton, of the bill. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove,

JOURNAL OF THE SENATE 41 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, On motion of Senator Becker, the rules were suspended, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, Substitute House Bill No. 1499 was advanced to third reading, the McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, second reading considered the third and the bill was placed on Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, final passage. Smith and Tom Senators Becker and Keiser spoke in favor of passage of the Excused: Senators Carrell, Harper and Shin bill. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247, having received the constitutional majority, was declared passed. The President declared the question before the Senate to be There being no objection, the title of the bill was ordered to stand the final passage of Substitute House Bill No. 1499. as the title of the act. ROLL CALL SECOND READING The Secretary called the roll on the final passage of Substitute SUBSTITUTE HOUSE BILL NO. 1370, by House House Bill No. 1499 and the bill passed the Senate by the Committee on Judiciary (originally sponsored by Representative following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Seaquist) Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Concerning notice requirements for homeowners' Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, associations meetings. Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, The measure was read the second time. McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, MOTION Smith and Tom Excused: Senators Carrell, Harper and Shin On motion of Senator Hobbs, the rules were suspended, SUBSTITUTE HOUSE BILL NO. 1499, having received the Substitute House Bill No. 1370 was advanced to third reading, the constitutional majority, was declared passed. There being no second reading considered the third and the bill was placed on objection, the title of the bill was ordered to stand as the title of final passage. the act. Senator Hobbs spoke in favor of passage of the bill. SECOND READING The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1370. SUBSTITUTE HOUSE BILL NO. 1021, by House Committee on Judiciary (originally sponsored by Representative ROLL CALL Haler)

The Secretary called the roll on the final passage of Substitute Educating parents of the harmful effects of parental House Bill No. 1370 and the bill passed the Senate by the abduction. following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, The measure was read the second time. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, MOTION Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, On motion of Senator Padden, the rules were suspended, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Substitute House Bill No. 1021 was advanced to third reading, the Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, second reading considered the third and the bill was placed on Smith and Tom final passage. Excused: Senators Carrell, Harper and Shin Senator Padden spoke in favor of passage of the bill. SUBSTITUTE HOUSE BILL NO. 1370, having received the constitutional majority, was declared passed. There being no The President declared the question before the Senate to be objection, the title of the bill was ordered to stand as the title of the final passage of Substitute House Bill No. 1021. the act. ROLL CALL SECOND READING The Secretary called the roll on the final passage of Substitute SUBSTITUTE HOUSE BILL NO. 1499, by House House Bill No. 1021 and the bill passed the Senate by the Committee on Appropriations Subcommittee on Health & following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Human Services (originally sponsored by Representatives Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Jinkins, Harris, Cody, Fitzgibbon, Ryu, Roberts, Fey and Pollet) Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Concerning the program of all-inclusive care for the elderly. Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, The measure was read the second time. McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, MOTION Smith and Tom Excused: Senators Carrell, Harper and Shin

42 JOURNAL OF THE SENATE SUBSTITUTE HOUSE BILL NO. 1021, having received the (i) I would like to be contacted. I give the department of health constitutional majority, was declared passed. There being no consent to provide the adoptee with a noncertified copy of his or her objection, the title of the bill was ordered to stand as the title of original birth certificate; the act. (ii) I would like to be contacted only through a confidential intermediary as described in RCW 26.33.343. I give the SECOND READING department of health consent to provide the adoptee with a noncertified copy of his or her original birth certificate; SUBSTITUTE HOUSE BILL NO. 1525, by House (iii) I prefer not to be contacted and have completed the birth Committee on Judiciary (originally sponsored by Representatives parent updated medical history form. I give the department of Orwall, Pedersen, Goodman, Hunt, Roberts, Upthegrove, Ryu health consent to provide the adoptee with a noncertified copy of his and Jinkins) or her original birth certificate; and (iv) I prefer not to be contacted and have completed the birth Concerning birth certificates and other birth-related parent updated medical history form. I do not want a noncertified information. copy of the original birth certificate released to the adoptee. (c) If the birth parent indicates he or she prefers not to be The measure was read the second time. contacted, personally identifying information on the contact preference form must be kept confidential and may not be released. MOTION (d) Nothing in this section precludes a birth parent from subsequently filing another contact preference form to rescind the Senator Pearson moved that the following committee striking previous contact preference form and state a different preference. amendment by the Committee on Human Services & Corrections (e) A contact preference form expires upon the death of the birth be adopted: parent. Strike everything after the enacting clause and insert the (5) If a birth parent files a contact preference form, the birth following: parent must also file an updated medical history form with the "Sec. 1. RCW 26.33.345 and 1993 c 81 s 3 are each amended department of health. Upon request of the adoptee, the department to read as follows: of health must provide the adoptee with the updated medical history (1) The department of social and health services, adoption form filed by the adoptee's birth parent. agencies, and independent adoption facilitators shall release the (6) Both a completed contact preference form and birth parent name and location of the court where a relinquishment of parental updated medical history form are confidential and must be placed in rights or finalization of an adoption took place to an adult adoptee, a the adoptee's sealed file. birth parent of an adult adoptee, an adoptive parent, a birth or (7) If a birth parent files a contact preference form within six adoptive grandparent of an adult adoptee, or an adult sibling of an months after the first time an adoptee requests a copy of his or her adult adoptee, or the legal guardian of any of these. original birth certificate as provided in subsection (3) of this section, (2) The department of health shall make available a noncertified the department of health must forward the contact preference form copy of the original birth certificate of a child to the child's birth and the birth parent updated medical history form to the address of parents upon request. the adoptee. (3)(a) For adoptions finalized after October 1, 1993, the (8) The department of health may charge a fee not to exceed department of health shall ((make available)) provide a noncertified twenty dollars for providing a noncertified copy of a birth certificate copy of the original birth certificate to ((the adoptee after the to an adoptee. adoptee's eighteenth birthday unless the birth parent has filed an (9) The department of health must create the contact preference affidavit ofnondisclosure)) an adoptee eighteen years of age or older form and an updated medical history form. The contact preference upon request, unless the birth parent has filed an affidavit of form must provide a method to ensure personally identifying nondisclosure before the effective date of this section or a contact information can be kept confidential. The updated medical history preference form that indicates he or she does not want the original form may not require the birth parent to disclose any identifying birth certificate released: PROVIDED, That the affidavit of information about the birth parent. nondisclosure, the contact preference form, or both have not (10) If the department of health does not provide an adoptee expired. with a noncertified copy of the original birth certificate because a (b) For adoptions finalized on or before October 1, 1993, the valid affidavit of nondisclosure or contact preference form has been department of health may not provide a noncertified copy of the filed, the adoptee may request, no more than once per year, that the original birth certificate to the adoptee until after June 30, 2014. department of health attempt to determine if the birth parent is After June 30, 2014, the department of health shall provide a deceased. Upon request of the adoptee, the department of health noncertified copy of the original birth certificate to an adoptee must make a reasonable effort to search public records that are eighteen years of age or older upon request, unless the birth parent accessible and already available to the department of health to has filed a contact preference form that indicates he or she does not determine if the birth parent is deceased. The department of health want the original birth certificate released: PROVIDED, That the may charge the adoptee a reasonable fee to cover the cost of contact preference form has not expired. conducting a search." (c) An affidavit of nondisclosure expires upon the death of the birth parent. The President declared the question before the Senate to be (4)(a) Regardless of whether a birth parent has filed an affidavit of the adoption of the committee striking amendment by the nondisclosure or when the adoption was finalized, a birth parent Committee on Human Services & Corrections to Substitute may at any time complete a contact preference form stating his or House Bill No. 1525. her preference about personal contact with the adoptee, which, if The motion by Senator Pearson carried and the committee available, must accompany an original birth certificate provided to striking amendment was adopted by voice vote. an adoptee under subsection (3) of this section. (b) The contact preference form must include the following MOTION options:

JOURNAL OF THE SENATE 43 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION There being no objection, the following title amendment was The Secretary called the roll on the final passage of House adopted: Bill No. 1534 and the bill passed the Senate by the following On page 1, line 2 of the title, after "information;" strike the vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2. remainder of the title and insert "and amending RCW 26.33.345." Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, MOTION Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, On motion of Senator Pearson, the rules were suspended, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Substitute House Bill No. 1525 as amended by the Senate was Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, advanced to third reading, the second reading considered the third Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom and the bill was placed on final passage. Voting nay: Senator Holmquist Newbry Senators Pearson, Smith, Keiser, Rivers and Parlette spoke in Excused: Senators Carrell and Shin favor of passage of the bill. HOUSE BILL NO. 1534, having received the constitutional Senator Hargrove spoke against passage of the bill. majority, was declared passed. There being no objection, the title Senator Darneille spoke on passage of the bill. of the bill was ordered to stand as the title of the act.

The President declared the question before the Senate to be SECOND READING the final passage of Substitute House Bill No. 1525 as amended by the Senate. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688, by House Committee on Education (originally sponsored by ROLL CALL Representatives Stonier, Pike, Santos, Hayes, Orwall, Bergquist, McCoy, Scott, Ryu, Pollet, Freeman, Farrell and Parker) The Secretary called the roll on the final passage of Substitute House Bill No. 1525 as amended by the Senate and the bill Establishing a requirement and system for reporting incidents passed the Senate by the following vote: Yeas, 39; Nays, 8; of student restraint and isolation in public schools. Revised for 1st Absent, 0; Excused, 2. Substitute: Establishing a requirement and system for reporting Voting yea: Senators Bailey, Baumgartner, Becker, Benton, incidents of student restraint and isolation in public schools. Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, (REVISED FOR ENGROSSED: Establishing a requirement and Darneille, Ericksen, Fain, Frockt, Harper, Hasegawa, Hatfield, system for reporting incidents of student restraint and isolation in Hewitt, Hill, Hobbs, Keiser, King, Kline, Kohl-Welles, Litzow, public schools for students who have an individualized education Mullet, Murray, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, program or plan developed under section 504 of the rehabilitation Schlicher, Schoesler, Sheldon, Smith and Tom act of 1973. ) Voting nay: Senators Eide, Fraser, Hargrove, Holmquist Newbry, Honeyford, McAuliffe, Nelson and Padden The measure was read the second time. Excused: Senators Carrell and Shin SUBSTITUTE HOUSE BILL NO. 1525 as amended by the MOTION Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered Senator Litzow moved that the following committee striking to stand as the title of the act. amendment by the Committee on Ways & Means be adopted: Strike everything after the enacting clause and insert the SECOND READING following: "NEW SECTION. Sec. 1. The legislature finds that HOUSE BILL NO. 1534, by Representatives Riccelli, Harris, preserving a safe and beneficial learning environment for all Ryu and Jinkins students requires the establishment and enforcement of appropriate student discipline policies. The legislature further finds that Increasing the impaired dentist program license or renewal although physical restraint and isolation of a student should be surcharge. avoided, there may be circumstances where school district boards of directors have authorized these actions to preserve the safety of The measure was read the second time. other students and school staff. Nevertheless, if an incident of student restraint or isolation occurs, school personnel should be held MOTION accountable for providing a thorough explanation of the circumstances. On motion of Senator Becker, the rules were suspended, NEW SECTION. Sec. 2. A new section is added to chapter House Bill No. 1534 was advanced to third reading, the second 28A.600 RCW to read as follows: reading considered the third and the bill was placed on final (1) The definitions in this subsection apply throughout this passage. section unless the context clearly requires otherwise. Senators Becker and Keiser spoke in favor of passage of the (a) "Isolation" means excluding a student from his or her regular bill. instructional area and restricting the student alone within a room or Senator Schlicher spoke on passage of the bill. any other form of enclosure, from which the student may not leave. (b) "Restraint" means physical intervention or force used to The President declared the question before the Senate to be control a student, including the use of a restraint device. the final passage of House Bill No. 1534. (c) "Restraint device" means a device used to assist in controlling a student, including but not limited to metal handcuffs, ROLL CALL plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons.

44 JOURNAL OF THE SENATE (2) The provisions of this section apply only to any restraint of a student who has an individualized education program or plan MOTION developed under section 504 of the rehabilitation act of 1973 that results in a physical injury to a student or a staff member, any There being no objection, the following title amendment was restraint of a student who has an individualized education program adopted: or plan developed under section 504 of the rehabilitation act of On page 1, line 2 of the title, after "schools;" strike the remainder 1973, and any isolation of a student who has an individualized of the title and insert "adding new sections to chapter 28A.600 education program or plan developed under section 504 of the RCW; adding a new section to chapter 28A.155 RCW; and creating rehabilitation act of 1973. The provisions of this section apply only a new section." to incidents of restraint or isolation that occur while a student who has an individualized education program or plan developed under MOTION section 504 of the rehabilitation act of 1973 is participating in school-sponsored instruction or activities. On motion of Senator Litzow, the rules were suspended, (3) Following the release of a student from the use of restraint or Engrossed Substitute House Bill No. 1688 as amended by the isolation, the school must implement follow-up procedures. These Senate was advanced to third reading, the second reading procedures must include reviewing the incident with the student and considered the third and the bill was placed on final passage. the parent or guardian to address the behavior that precipitated the Senators Litzow and McAuliffe spoke in favor of passage of restraint or isolation and reviewing the incident with the staff the bill. member who administered the restraint or isolation to discuss whether proper procedures were followed. The President declared the question before the Senate to be (4) Any school employee, resource officer, or school security the final passage of Engrossed Substitute House Bill No. 1688 as officer who uses any chemical spray, mechanical restraint, or amended by the Senate. physical force on a student during school-sponsored instruction or activities must inform the building administrator or building ROLL CALL administrator's designee as soon as possible, and within two business days submit a written report of the incident to the district The Secretary called the roll on the final passage of office. The written report should include, at a minimum, the Engrossed Substitute House Bill No. 1688 as amended by the following information: Senate and the bill passed the Senate by the following vote: (a) The date and time of the incident; Yeas, 47; Nays, 0; Absent, 0; Excused, 2. (b) The name and job title of the individual who administered Voting yea: Senators Bailey, Baumgartner, Becker, Benton, the restraint or isolation; Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, (c) A description of the activity that led to the restraint or Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, isolation; Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, (d) The type of restraint or isolation used on the student, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, including the duration; and McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, (e) Whether the student or staff was physically injured during Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, the restraint or isolation and any medical care provided. Smith and Tom (5) The principal or principal's designee must make a reasonable Excused: Senators Carrell and Shin effort to verbally inform the student's parent or guardian within ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688 as twenty-four hours of the incident, and must send written notification amended by the Senate, having received the constitutional as soon as practical but postmarked no later than five business days majority, was declared passed. There being no objection, the title after the restraint or isolation occurred. If the school or school of the bill was ordered to stand as the title of the act. district customarily provides the parent or guardian with school- related information in a language other than English, the written SECOND READING report under this section must be provided to the parent or guardian in that language. HOUSE BILL NO. 1036, by Representatives Kirby, Ryu and NEW SECTION. Sec. 3. A new section is added to chapter Schmick 28A.155 RCW to read as follows: A school that is required to develop an individualized education Regulating service contracts. program as required by federal law must include within the plan procedures for notification of a parent or guardian regarding the use The measure was read the second time. of restraint or isolation. NEW SECTION. Sec. 4. A new section is added to chapter MOTION 28A.600 RCW to read as follows: Parents and guardians of children who have individualized On motion of Senator Holmquist Newbry, the rules were education programs or plans developed under section 504 of the suspended, House Bill No. 1036 was advanced to third reading, rehabilitation act of 1973 must be provided a copy of the district the second reading considered the third and the bill was placed on policy on the use of isolation and restraint at the time that the final passage. program or plan is created." Senators Holmquist Newbry and Conway spoke in favor of passage of the bill. The President declared the question before the Senate to be the adoption of the committee striking amendment by the The President declared the question before the Senate to be Committee on Ways & Means to Engrossed Substitute House Bill the final passage of House Bill No. 1036. No. 1688. The motion by Senator Litzow carried and the committee ROLL CALL striking amendment was adopted by voice vote.

JOURNAL OF THE SENATE 45 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION The Secretary called the roll on the final passage of House (c) A search and rescue dog, as defined in RCW 9.91.175, while Bill No. 1036 and the bill passed the Senate by the following the search and rescue dog is on duty; or vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. (d) Commercial metal ((wire, taken from a public service Voting yea: Senators Bailey, Baumgartner, Becker, Benton, company, as defined in RCW 80.04.010, or a consumer-owned Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, utility, as defined in RCW 19.280.020,)) property, nonferrous metal Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, property, or private metal property, as those terms are defined in Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, RCW 19.290.010, and the costs of the damage to the ((public Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, service company's or consumer-owned utility's)) owner's property McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, exceed five thousand dollars in value. Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, (2) Theft in the first degree is a class B felony. Smith and Tom Sec. 3. RCW 9A.56.040 and 2012 c 233 s 3 are each amended Excused: Senators Carrell and Shin to read as follows: HOUSE BILL NO. 1036, having received the constitutional (1) A person is guilty of theft in the second degree if he or she majority, was declared passed. There being no objection, the title commits theft of: of the bill was ordered to stand as the title of the act. (a) Property or services which exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, SECOND READING other than a firearm as defined in RCW 9.41.010 or a motor vehicle; (b) A public record, writing, or instrument kept, filed, or ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552, by deposited according to law with or in the keeping of any public House Committee on Public Safety (originally sponsored by office or public servant; Representatives Goodman, Klippert, Freeman, Kirby, Morrell, (c) Commercial metal ((wire, taken from a public service Seaquist, Sullivan, Appleton, Ryu, Hunt, Stanford, Kochmar, company, as defined in RCW 80.04.010, or a consumer-owned Maxwell, Takko, Bergquist, Warnick, Manweller, Green and utility, as defined in RCW 19.280.020,)) property, nonferrous metal Fey) property, or private metal property, as those terms are defined in RCW 19.290.010, and the costs of the damage to the ((public Reducing scrap metal theft. service company's or consumer-owned utility's)) owner's property exceed seven hundred fifty dollars but does not exceed five The measure was read the second time. thousand dollars in value; or (d) An access device. MOTION (2) Theft in the second degree is a class C felony. Sec. 4. RCW 19.290.010 and 2008 c 233 s 1 are each Senator Padden moved that the following committee striking amended to read as follows: amendment by the Committee on Law & Justice be not adopted: The definitions in this section apply throughout this chapter Strike everything after the enacting clause and insert the unless the context clearly requires otherwise. following: (1) "Commercial account" means a relationship between a scrap "Sec. 1. RCW 9A.48.100 and 1984 c 273 s 4 are each metal business and a commercial enterprise that is ongoing and amended to read as follows: properly documented under RCW 19.290.030. For the purposes of RCW 9A.48.070 through 9A.48.090 (2) "Commercial enterprise" means a corporation, partnership, inclusive: limited liability company, association, state agency, political (1) "Physical damage", in addition to its ordinary meaning, shall subdivision of the state, public corporation, or any other legal or include the total or partial alteration, damage, obliteration, or erasure commercial entity. of records, information, data, computer programs, or their computer (3) "Commercial metal property" means: Utility access representations, which are recorded for use in computers or the covers; street light poles and fixtures; road and bridge guardrails; impairment, interruption, or interference with the use of such highway or street signs; water meter covers; traffic directional and records, information, data, or computer programs, or the control signs; traffic light signals; any metal property marked with impairment, interruption, or interference with the use of any the name of a commercial enterprise, including but not limited to a computer or services provided by computers. "Physical damage" telephone, commercial mobile radio services, cable, electric, water, also includes any diminution in the value of any property as the natural gas, or other utility, or railroad; unused or undamaged consequence of an act and the cost to repair any physical damage; building construction materials consisting of copper pipe, tubing, or (2) If more than one item of property is physically damaged as a wiring, or aluminum wire, siding, downspouts, or gutters; aluminum result of a common scheme or plan by a person and the physical or stainless steel fence panels made from one inch tubing, forty-two damage to the property would, when considered separately, inches high with four-inch gaps; aluminum decking, bleachers, or constitute mischief in the third degree because of value, then the risers; historical markers; statue plaques; grave markers and funeral value of the damages may be aggregated in one count. If the sum vases; or agricultural irrigation wheels, sprinkler heads, and pipes. of the value of all the physical damages exceeds two hundred fifty (4) "Nonferrous metal property" means metal property for dollars, the defendant may be charged with and convicted of which the value of the metal property is derived from the property's malicious mischief in the second degree. content of copper, brass, aluminum, bronze, lead, zinc, nickel, and Sec. 2. RCW 9A.56.030 and 2012 c 233 s 2 are each amended their alloys. "Nonferrous metal property" does not include precious to read as follows: metals. (1) A person is guilty of theft in the first degree if he or she (5) "Precious metals" means gold, silver, and platinum. commits theft of: (6) "Private metal property" means catalytic converters, either (a) Property or services which exceed(s) five thousand dollars in singly or in bundles, bales, or bulk, that have been removed from value other than a firearm as defined in RCW 9.41.010; vehicles for sale as a specific commodity. (b) Property of any value, other than a firearm as defined in (7) "Record" means a paper, electronic, or other method of RCW 9.41.010 or a motor vehicle, taken from the person of another; storing information.

46 JOURNAL OF THE SENATE (8) "Scrap metal business" means a scrap metal supplier, scrap (h) A description of the predominant types of private metal metal ((recycling center)) recycler, and scrap metal processor. property or nonferrous metal property subject to the transaction, (9) "Scrap metal processor" means a person with a current ((including the property's classification code as provided in)) business license that conducts business from a permanent location, utilizing the institute of scrap recycling industries' ((scrap that is engaged in the business of purchasing or receiving private specifications circular, 2006)) generally accepted terminology, and metal property, nonferrous metal property, and commercial metal including weight, quantity, or volume. property for the purpose of altering the metal in preparation for its (2) For every transaction that involves private metal property or use as feedstock in the manufacture of new products, and that nonferrous metal property, every scrap metal business doing maintains a hydraulic bailer, shearing device, or shredding device business in the state shall require the person with whom a for recycling. transaction is being made to sign a declaration. The declaration (10) "Scrap metal ((recycling center)) recycler" means a person may be included as part of the transactional record required under with a current business license that is engaged in the business of subsection (1) of this section, or on a receipt for the transaction. purchasing or receiving private metal property, nonferrous metal The declaration must state substantially the following: property, and commercial metal property for the purpose of "I, the undersigned, affirm under penalty of law that the aggregation and sale to another scrap metal business and that property that is subject to this transaction is not to the best of my maintains a fixed place of business within the state. knowledge stolen property." (11) "Scrap metal supplier" means a person with a current The declaration must be signed and dated by the person with business license that is engaged in the business of purchasing or whom the transaction is being made. An employee of the scrap receiving private metal property or nonferrous metal property for the metal business must witness the signing and dating of the purpose of aggregation and sale to a scrap metal ((recycling center)) declaration and sign the declaration accordingly before any recycler or scrap metal processor and that does not maintain a fixed transaction may be consummated. business location in the state. (3) The record and declaration required under this section must (12) "Transaction" means a pledge, or the purchase of, or the be open to the inspection of any commissioned law enforcement trade of any item of private metal property or nonferrous metal officer of the state or any of its political subdivisions at all times property by a scrap metal business from a member of the general during the ordinary hours of business, or at reasonable times if public. "Transaction" does not include donations or the purchase or ordinary hours of business are not kept, and must be maintained receipt of private metal property or nonferrous metal property by a wherever that business is conducted for ((one)) five years following scrap metal business from a commercial enterprise, from another the date of the transaction. scrap metal business, or from a duly authorized employee or agent Sec. 6. RCW 19.290.030 and 2008 c 233 s 3 are each of the commercial enterprise or scrap metal business. amended to read as follows: (13) "Engage in business" means conducting more than five (1) No scrap metal business may enter into a transaction to transactions in a twelve-month period. purchase or receive private metal property or nonferrous metal (14) "Person" means an individual, domestic or foreign property from any person who cannot produce at least one piece of corporation, limited liability corporation, partnership, trust, current government-issued picture identification, including a valid unincorporated association, or other entity; an affiliate or associate driver's license or identification card issued by any state. of any such person; or any two or more persons acting as a (2) No scrap metal business may purchase or receive private partnership, syndicate, or other group for the purpose of acquiring, metal property or commercial metal property unless the seller: (a) holding, or dispersing of securities of a domestic or foreign Has a commercial account with the scrap metal business; (b) can corporation. prove ownership of the property by producing written Sec. 5. RCW 19.290.020 and 2008 c 233 s 2 are each documentation that the seller is the owner of the property; or (c) can amended to read as follows: produce written documentation that the seller is an employee or (1) At the time of a transaction, every scrap metal business agent authorized to sell the property on behalf of a commercial doing business in this state shall produce wherever that business is enterprise. conducted an accurate and legible record of each transaction (3) No scrap metal business may enter into a transaction to involving private metal property or nonferrous metal property. purchase or receive metallic wire that was burned in whole or in part This record must be written in the English language, documented on to remove insulation unless the seller can produce written proof to a standardized form or in electronic form, and contain the following the scrap metal business that the wire was lawfully burned. information: (4)(a) No transaction involving private metal property or (a) The signature of the person with whom the transaction is nonferrous metal property ((valued at greater than thirty dollars)) made; may be made in cash or with any person who does not provide a (b) The time, date, location, and value of the transaction; street address under the requirements of RCW 19.290.020 except as (c) The name of the employee representing the scrap metal described in (b) of this subsection. ((For transactions valued at business in the transaction; greater than thirty dollars,)) The person with whom the transaction is (d) The name, street address, and telephone number of the being made may only be paid by a nontransferable check, mailed by person with whom the transaction is made; the scrap metal business to a street address provided under RCW (e) The license plate number and state of issuance of the license 19.290.020, no earlier than ((ten)) three days after the transaction plate on the motor vehicle used to deliver the private metal property was made. A transaction occurs on the date provided in the record or nonferrous metal property subject to the transaction; required under RCW 19.290.020. (f) A description of the motor vehicle used to deliver the private (b) A scrap metal business that is in compliance with this chapter metal property or nonferrous metal property subject to the that digitally captures: (i) A copy of one piece of current transaction; government-issued picture identification, including a current (g) The current driver's license number or other driver's license or identification card issued by any state and (ii) government-issued picture identification card number of the seller either a picture or video of either the material subject to the or a copy of the seller's government-issued picture identification transaction in the form received or the material subject to the card; and transaction within the vehicle which the material was transported to the scrap metal business, may pay up to a maximum of thirty dollars

JOURNAL OF THE SENATE 47 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION in cash, stored value device, or electronic funds transfer. The contracted by a law enforcement agency or commercial for profit balance of the value of the transaction may be made by entity acting on behalf of a law enforcement agency. nontransferable check, stored value device, or electronic funds (2) Any records created or produced under this section are transfer at the time the transaction is made. A scrap metal exempt from disclosure under chapter 42.56 RCW. business's usage of video surveillance shall be sufficient to comply (3) If the scrap metal business has good cause to believe that any with this subsection (4)(b)(ii) as long as the video captures the private metal property, nonferrous metal property, or commercial material subject to the transaction. A digital image or picture taken metal property in his or her possession has been previously lost or under this subsection must be available for two years from the date stolen, the scrap metal business shall promptly report that fact to the of transaction, while a video recording must be available for thirty applicable commissioned law enforcement officer of the state, the days. chief of police, or the county's chief law enforcement officer, (5) No scrap metal business may purchase or receive beer kegs together with the name of the owner, if known, and the date when from anyone except a manufacturer of beer kegs or licensed and the name of the person from whom it was received. brewery. (4) Compliance with this section shall not give rise to or form the Sec. 7. RCW 19.290.040 and 2008 c 233 s 4 are each basis of private civil liability on the part of a scrap metal business or amended to read as follows: scrap metal recycler. (1) Every scrap metal business must create and maintain a Sec. 9. RCW 19.290.060 and 2008 c 233 s 6 are each permanent record with a commercial enterprise, including another amended to read as follows: scrap metal business, in order to establish a commercial account. (1) Following notification((, either verbally or)) in writing((,)) That record, at a minimum, must include the following information: from a commissioned law enforcement officer of the state or any of (a) The full name of the commercial enterprise or commercial its political subdivisions that an item of private metal property, account; nonferrous metal property, or commercial metal property has been (b) The business address and telephone number of the reported as stolen, a scrap metal business shall hold that property commercial enterprise or commercial account; and intact and safe from alteration, damage, or commingling, and shall (c) The full name of the person employed by the commercial place an identifying tag or other suitable identification upon the enterprise who is authorized to deliver private metal property, property. The scrap metal business shall hold the property for a nonferrous metal property, and commercial metal property to the period of time as directed by the applicable law enforcement agency scrap metal business. up to a maximum of ten business days. (2) The record maintained by a scrap metal business for a (2) A commissioned law enforcement officer of the state or any commercial account must document every purchase or receipt of of its political subdivisions shall not place on hold any item of private metal property, nonferrous metal property, and commercial private metal property, nonferrous metal property, or commercial metal property from the commercial enterprise. The record must metal property unless that law enforcement agency reasonably be maintained for three years following the date of the transfer or suspects that the property is a lost or stolen item. Any hold that is receipt. The documentation must include, at a minimum, the placed on the property must be removed within ten business days following information: after the property on hold is determined not to be stolen or lost and (a) The time, date, and value of the property being purchased or the property must be returned to the owner or released. received; Sec. 10. RCW 19.290.070 and 2008 c 233 s 7 are each (b) A description of the predominant types of property being amended to read as follows: purchased or received; and It is a gross misdemeanor under chapter 9A.20 RCW for: (c) The signature of the person delivering the property to the (1) Any person to deliberately remove, alter, or obliterate any scrap metal business. manufacturer's make, model, or serial number, personal Sec. 8. RCW 19.290.050 and 2008 c 233 s 5 are each identification number, or identifying marks engraved or etched upon amended to read as follows: an item of private metal property, nonferrous metal property, or (1) Upon written request by any commissioned law commercial metal property in order to deceive a scrap metal enforcement officer of the state or any of its political subdivisions, business; every scrap metal business shall furnish a full, true, and correct (2) Any scrap metal business to enter into a transaction to transcript of the records from the purchase or receipt of private metal purchase or receive any private metal property, nonferrous metal property, nonferrous metal property, and commercial metal property property, or commercial metal property where the manufacturer's involving only a ((specific)) specified individual, vehicle, or item of make, model, or serial number, personal identification number, or private metal property, nonferrous metal property, or commercial identifying marks engraved or etched upon the property have been metal property. Any written request shall become an addition to deliberately and conspicuously removed, altered, or obliterated; the permanent records required under RCW 19.290.020 or (3) Any person to knowingly make, cause, or allow to be made 19.290.040. This information may be transmitted within a any false entry or misstatement of any material matter in any book, specified time of not less than two business days to the applicable record, or writing required to be kept under this chapter; law enforcement agency electronically, by facsimile transmission, (4) Any scrap metal business to enter into a transaction to or by modem or similar device, or by delivery of computer disk purchase or receive private metal property, nonferrous metal subject to the requirements of, and approval by, the chief of police or property, or commercial metal property from any person under the the county's chief law enforcement officer. A scrap metal business age of eighteen years or any person who is discernibly under the shall not be required (a) to furnish a transcript of its records for a influence of intoxicating liquor or drugs; specified time period without reference to a specified individual, (5) Any scrap metal business to enter into a transaction to vehicle, or item of private metal property, nonferrous metal purchase or receive private metal property, nonferrous metal property, or commercial metal property, or (b) to furnish any property, or commercial metal property with anyone whom the requested transcript under this section to any party other than scrap metal business has been informed by a law enforcement directly to the applicable law enforcement agency, as required by agency to have been convicted of a crime involving drugs, burglary, this section. For purposes of this subsection, the term "law robbery, theft, or possession of or receiving stolen property, enforcement agency" does not include any third-party agency manufacturing, delivering, or possessing with intent to deliver

48 JOURNAL OF THE SENATE methamphetamine, or possession of ephedrine or any of its salts or (a) The applicant has an established place of business at the isomers or salts of isomers, pseudoephedrine or any of its salts or address shown on the application; isomers or salts of isomers, or anhydrous ammonia with intent to (b) There are no known environmental, building code, zoning, manufacture methamphetamine within the past ((ten)) four years or other land use regulation violations associated with the business whether the person is acting in his or her own behalf or as the agent being located at the address; and of another; (c) In the case of a renewal of a scrap metal license, the (6) Any person to sign the declaration required under RCW applicant is in compliance with this chapter: PROVIDED, That an 19.290.020 knowing that the private metal property or nonferrous authorized representative of the department of licensing may make metal property subject to the transaction is stolen. The signature of the certification described in this section in any instance; a person on the declaration required under RCW 19.290.020 (4) Any other information that the department of licensing may constitutes evidence of intent to defraud a scrap metal business if require. that person is found to have known that the private metal property or NEW SECTION. Sec. 14. A new section is added to chapter nonferrous metal property subject to the transaction was stolen; 19.290 RCW to read as follows: (7) Any scrap metal business to possess private metal property The application, together with the required fee, shall be or commercial metal property that was not lawfully purchased or forwarded to the department of licensing. Upon receipt of the received under the requirements of this chapter; ((or)) application the department shall, if the application is in order, issue a (8) Any scrap metal business to engage in a series of scrap metal license authorizing the processor, recycler, or supplier to transactions valued at less than thirty dollars with the same seller for do business as such and forward the fee to the state treasurer. Upon the purposes of avoiding the requirements of RCW 19.290.030(4); receiving the certificate, the owner shall cause it to be prominently or displayed in the place of business, where it may be inspected by an (9) Any person to knowingly make a false or fictitious oral or investigating officer at any time. Every license must be issued in written statement or to furnish or exhibit any false, fictitious, or the name of the applicant and the holder thereof may not allow any misrepresented identification, with the intent to deceive a scrap other person to use the license. metal business as to the actual seller of the scrap metal. NEW SECTION. Sec. 15. A new section is added to chapter Sec. 11. RCW 19.290.090 and 2008 c 233 s 8 are each 19.290 RCW to read as follows: amended to read as follows: Before issuing a scrap metal license to a scrap metal processor The provisions of this chapter do not apply to transactions or scrap metal recycler, the department of licensing shall require the involving metal from the components of vehicles acquired by applicant to file with the department a surety bond in the amount of vehicle wreckers, hulk haulers, or scrap processors licensed under ten thousand dollars, running to the state of Washington, and chapter 46.79 or 46.80 RCW, and acquired in accordance with those executed by a surety company authorized to do business in the state laws or transactions conducted by the following: of Washington. The bond shall be approved as to form by the (1) Motor vehicle dealers licensed under chapter 46.70 RCW; attorney general and conditioned upon the licensee conducting the (2) ((Metal from the components of vehicles acquired by business in conformity with the provisions of this chapter. Except vehicle wreckers or hulk haulers licensed under chapter 46.79 or as prohibited elsewhere in this chapter, any person who has suffered 46.80 RCW, and acquired in accordance with those laws; loss or damage by reason of fraud or gross negligence, or an (3))) Persons in the business of operating an automotive repair intentional or reckless violation of the terms of this chapter, or facility as defined under RCW 46.71.011; and misrepresentation on the part of the scrap metal processor or (((4))) (3) Persons in the business of buying or selling empty recycler, may institute an action for recovery against the licensee food and beverage containers, including metal food and beverage and surety upon the bond. However, the aggregate liability of the containers. surety to all persons shall in no event exceed the amount of the bond. NEW SECTION. Sec. 12. A new section is added to chapter NEW SECTION. Sec. 16. A new section is added to chapter 19.290 RCW to read as follows: 19.290 RCW to read as follows: (1) It is unlawful for a person to engage in the business of a A license issued on the scrap metal license application remains scrap metal processor, scrap metal recycler, or scrap metal supplier in force until suspended or revoked and may be renewed annually without having first applied for and received a scrap metal license. upon reapplication and upon payment of the required fee. A (2)(a) Except as provided in (b) of this subsection, a person or licensee who fails or neglects to renew the license before the firm engaged in the unlawful activity described in this section is assigned expiration date shall pay the fee for an original scrap metal guilty of a gross misdemeanor. license as provided in this chapter. (b) A second or subsequent offense is a class C felony. Whenever a scrap metal processor, recycler, or supplier ceases NEW SECTION. Sec. 13. A new section is added to chapter to do business as such or the license has been suspended or revoked, 19.290 RCW to read as follows: the licensee shall immediately surrender the license to the Application for a scrap metal license or renewal of a scrap metal department of licensing. license shall be made on a form for this purpose, furnished by the NEW SECTION. Sec. 17. A new section is added to chapter department of licensing, and shall be signed by the license holder or 19.290 RCW to read as follows: his or her authorized agent and shall include the following The licensee shall obtain a special set of license plates in information: addition to the regular licenses and plates required for the operation (1) Name and address of the person, firm, partnership, of such vehicles. The special plates must be displayed on vehicles association, limited liability company, or corporation under which owned and/or operated by the licensee and used in the conduct of the name the business is to be conducted; business. The fee for these plates shall be five dollars for the (2) Names and residence address of all persons having an original plates and two dollars for each additional set of plates interest in the business or, if the owner is a corporation, the names bearing the same license number. A licensee with more than one and addresses of the officers thereof; licensed location in the state may use special plates bearing the same (3) Certificate of approval of the chief executive officer or chief license number for vehicles operated out of any of the licensed of police, or a designee, if the application is for a license within an locations. incorporated city or town or, in any unincorporated area, the county NEW SECTION. Sec. 18. A new section is added to chapter legislative authority, the sheriff, or a designee, certifying that: 19.290 RCW to read as follows:

JOURNAL OF THE SENATE 49 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION The uniform regulation of business and professions act, chapter person giving false testimony after the administration of the oath is 18.235 RCW, governs unlicensed practice, the issuance and denial guilty of perjury in the first degree under RCW 9A.72.020. of licenses, and the discipline of licensees under this chapter. (4)(a) Any authorized representative of the director of the NEW SECTION. Sec. 19. A new section is added to chapter department of licensing may apply for and obtain a superior court 19.290 RCW to read as follows: order approving and authorizing a subpoena in advance of its If a person whose scrap metal license has previously been issuance. The application may be made in the county where the canceled for cause by the department of licensing files an subpoenaed person resides or is found, or the county where the application for a license to conduct business as a scrap metal subpoenaed records or documents are located, or in Thurston processor, recycler, or supplier, or if the department is of the opinion county. The application must: that the application is not filed in good faith or that the application is (i) State that an order is sought pursuant to this subsection; filed by some person as a subterfuge for the real person in interest (ii) Adequately specify the records, documents, or testimony; whose license has previously been canceled for cause, the and department may refuse to issue the person a license to conduct (iii) Declare under oath that an investigation is being conducted business as a scrap metal processor, recycler, or supplier. for a lawfully authorized purpose related to an investigation within NEW SECTION. Sec. 20. A new section is added to chapter the department's authority and that the subpoenaed documents or 19.290 RCW to read as follows: testimony are reasonably related to an investigation within the (1) The director of licensing is hereby authorized to adopt department's authority. reasonable rules and regulations not in conflict with provisions (b) Where the application under this subsection is made to the hereof for the proper operation and enforcement of this chapter. satisfaction of the court, the court must issue an order approving the (2) The director shall set all license and renewal fees in subpoena. An order under this subsection constitutes authority of accordance with RCW 43.24.086. law for the agency to subpoena the records or testimony. NEW SECTION. Sec. 21. A new section is added to chapter (c) Any authorized representative of the director of the 19.290 RCW to read as follows: department of licensing may seek approval and a court may issue an The chiefs of police, the county sheriffs, and the Washington order under this subsection without prior notice to any person, state patrol may make periodic inspection of the licensee's licensed including the person to whom the subpoena is directed and the premises and records provided for in this chapter during normal person who is the subject of an investigation. business hours, and furnish a certificate of inspection to the (5) Any records created or produced under this section are department of licensing in such manner as may be determined by the exempt from disclosure under chapter 42.56 RCW. department. In any instance, an authorized representative of the NEW SECTION. Sec. 24. A new section is added to chapter department may make the inspection. Licensees are subject to 36.28A RCW to read as follows: unannounced periodic inspections, as described in this section. (1) When funded, the Washington association of sheriffs and NEW SECTION. Sec. 22. A new section is added to chapter police chiefs shall establish a grant program to assist local law 19.290 RCW to read as follows: enforcement agencies in the support of special enforcement The state of Washington hereby fully occupies and preempts the emphasis targeting metal theft. Grant applications shall be entire field of regulation of scrap metal processors, recyclers, or reviewed and awarded through peer review panels. Grant suppliers within the boundaries of the state. Any political applicants are encouraged to utilize multijurisdictional efforts. subdivision in this state may enact or enforce only those laws and (2) Each grant applicant shall: ordinances relating to the regulation of scrap metal processors, (a) Show a significant metal theft problem in the jurisdiction or recyclers, or suppliers that are specifically authorized by state law jurisdictions receiving the grant; and are consistent with this chapter. Nothing in this chapter is (b) Verify that grant awards are sufficient to cover increased intended to limit the authority of any political subdivision to impose investigation, prosecution, and jail costs; generally applicable zoning, land use, permitting, general business (c) Design an enforcement program that best suits the specific licensing, environmental, and health and safety requirements or metal theft problem in the jurisdiction or jurisdictions receiving the authorized business taxes upon scrap metal processors, recyclers, or grant; suppliers within their jurisdictions. Local ordinances pertaining (d) Demonstrate community coordination focusing on specifically to scrap metal processors, recyclers, or suppliers shall prevention, intervention, and suppression; and have the same or lesser penalty as provided for by state law. Local (e) Collect data on performance. scrap metal laws and ordinances that are inconsistent with, more (3) The cost of administering the grants shall not exceed sixty restrictive than, or exceed the requirements of state law shall not be thousand dollars, or three percent of appropriated funding, enacted and are hereby preempted and repealed, regardless of the whichever is greater. code, charter, or home rule status of such political subdivision. (4) Grant awards may not be used to supplant preexisting NEW SECTION. Sec. 23. A new section is added to chapter funding sources for special enforcement targeting metal theft. 19.290 RCW to read as follows: NEW SECTION. Sec. 25. A new section is added to chapter (1) In addition to the powers granted in chapter 18.235 RCW, 19.290 RCW to read as follows: the department of licensing or its authorized agent may examine or (1) Law enforcement agencies may register with the scrap theft subpoena any persons, books, papers, records, data, vehicles, or alert system that is maintained and provided at no charge to users by metal property bearing upon the investigation or proceeding under the institute of scrap recycling industries, incorporated, or its this chapter. successor organization, to receive alerts regarding thefts of private, (2) The persons subpoenaed may be required to testify and nonferrous, or commercial metal property in the relevant geographic produce any books, papers, records, data, vehicles, or metal property area. that the director of licensing deems relevant or material to the (2) Any business licensed under this chapter shall: inquiry. (a) Sign up with the scrap theft alert system that is maintained (3) The director of the department of licensing or an authorized and provided at no charge to users by the institute of scrap recycling agent may administer an oath to the person required to testify, and a industries, incorporated, or its successor organization, to receive

50 JOURNAL OF THE SENATE alerts regarding thefts of private, nonferrous, or commercial metal Malicious explosion 3 (RCW property in the relevant geographic area; 70.74.280(3)) (b) Download the scrap metal theft alerts generated by the scrap Sexually Violent Predator Escape theft alert system on a daily basis; (RCW 9A.76.115) (c) Use the alerts to identify potentially stolen commercial metal IX Abandonment of Dependent Person 1 property, nonferrous metal property, and private metal property; and (RCW 9A.42.060) (d) Maintain for ninety days copies of any theft alerts received Assault of a Child 2 (RCW 9A.36.130) and downloaded pursuant to this section. Sec. 26. RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s Explosive devices prohibited (RCW 1 are each reenacted and amended to read as follows: 70.74.180) Hit and Run--Death (RCW TABLE 2 46.52.020(4)(a)) Homicide by Watercraft, by being CRIMES INCLUDED WITHIN under the influence of intoxicating EACH SERIOUSNESS LEVEL liquor or any drug (RCW XVI Aggravated Murder 1 (RCW 79A.60.050) 10.95.020) Inciting Criminal Profiteering (RCW XV Homicide by abuse (RCW 9A.32.055) 9A.82.060(1)(b)) Malicious placement of an explosive 2 Malicious explosion 1 (RCW (RCW 70.74.270(2)) 70.74.280(1)) Robbery 1 (RCW 9A.56.200) Murder 1 (RCW 9A.32.030) Sexual Exploitation (RCW 9.68A.040) XIV Murder 2 (RCW 9A.32.050) VIII Arson 1 (RCW 9A.48.020) Trafficking 1 (RCW 9A.40.100(1)) Commercial Sexual Abuse of a Minor XIII Malicious explosion 2 (RCW (RCW 9.68A.100) 70.74.280(2)) Homicide by Watercraft, by the Malicious placement of an explosive 1 operation of any vessel in a (RCW 70.74.270(1)) reckless manner (RCW XII Assault 1 (RCW 9A.36.011) 79A.60.050) Manslaughter 2 (RCW 9A.32.070) Assault of a Child 1 (RCW 9A.36.120) Promoting Prostitution 1 (RCW Malicious placement of an imitation 9A.88.070) device 1 (RCW 70.74.272(1)(a)) Theft of Ammonia (RCW 69.55.010) Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) Vehicular Homicide, by the operation Rape 1 (RCW 9A.44.040) of any vehicle in a reckless manner (RCW 46.61.520) Rape of a Child 1 (RCW 9A.44.073) VII Burglary 1 (RCW 9A.52.020)

Trafficking 2 (RCW 9A.40.100(2)) Child Molestation 2 (RCW 9A.44.086)

XI Manslaughter 1 (RCW 9A.32.060) Civil Disorder Training (RCW 9A.48.120) Rape 2 (RCW 9A.44.050) Dealing in depictions of minor engaged in sexually explicit conduct 1 Rape of a Child 2 (RCW 9A.44.076) (RCW 9.68A.050(1)) Drive-by Shooting (RCW 9A.36.045) Vehicular Homicide, by being under the influence of intoxicating liquor Homicide by Watercraft, by disregard or any drug (RCW 46.61.520) for the safety of others (RCW X Child Molestation 1 (RCW 9A.44.083) 79A.60.050) Indecent Liberties (without forcible Criminal Mistreatment 1 (RCW compulsion) (RCW 9A.44.100(1) 9A.42.020) (b) and (c)) Indecent Liberties (with forcible Introducing Contraband 1 (RCW compulsion) (RCW 9A.76.140) 9A.44.100(1)(a)) Malicious placement of an explosive 3 Kidnapping 1 (RCW 9A.40.020) (RCW 70.74.270(3)) Negligently Causing Death By Use of a Leading Organized Crime (RCW Signal Preemption Device (RCW 9A.82.060(1)(a)) 46.37.675)

JOURNAL OF THE SENATE 51 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Sending, bringing into state depictions Kidnapping 2 (RCW 9A.40.030) of minor engaged in sexually explicit conduct 1 (RCW Perjury 1 (RCW 9A.72.020) 9.68A.060(1)) Unlawful Possession of a Firearm in Persistent prison misbehavior (RCW the first degree (RCW 9.41.040(1)) 9.94.070) Use of a Machine Gun in Commission Physical Control of a Vehicle While of a Felony (RCW 9.41.225) Under the Influence (RCW Vehicular Homicide, by disregard for 46.61.504(6)) the safety of others (RCW Possession of a Stolen Firearm (RCW 46.61.520) 9A.56.310) VI Bail Jumping with Murder 1 (RCW Rape 3 (RCW 9A.44.060) 9A.76.170(3)(a)) Bribery (RCW 9A.68.010) Rendering Criminal Assistance 1 (RCW 9A.76.070) Incest 1 (RCW 9A.64.020(1)) Sending, Bringing into State Depictions of Minor Engaged in Sexually Intimidating a Judge (RCW 9A.72.160) Explicit Conduct 2 (RCW 9.68A.060(2)) Intimidating a Juror/Witness (RCW Sexual Misconduct with a Minor 1 9A.72.110, 9A.72.130) (RCW 9A.44.093) Malicious placement of an imitation Sexually Violating Human Remains device 2 (RCW 70.74.272(1)(b)) (RCW 9A.44.105) Possession of Depictions of a Minor Stalking (RCW 9A.46.110) Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) Taking Motor Vehicle Without Rape of a Child 3 (RCW 9A.44.079) Permission 1 (RCW 9A.56.070) IV Arson 2 (RCW 9A.48.030) Theft of a Firearm (RCW 9A.56.300) Assault 2 (RCW 9A.36.021) Unlawful Storage of Ammonia (RCW 69.55.020) Assault 3 (of a Peace Officer with a V Abandonment of Dependent Person 2 Projectile Stun Gun) (RCW (RCW 9A.42.070) 9A.36.031(1)(h)) Advancing money or property for Assault by Watercraft (RCW extortionate extension of credit 79A.60.060) (RCW 9A.82.030) Bribing a Witness/Bribe Received by Bail Jumping with class A Felony Witness (RCW 9A.72.090, (RCW 9A.76.170(3)(b)) 9A.72.100) Child Molestation 3 (RCW 9A.44.089) Cheating 1 (RCW 9.46.1961)

Criminal Mistreatment 2 (RCW Commercial Bribery (RCW 9A.68.060) 9A.42.030) Custodial Sexual Misconduct 1 (RCW Counterfeiting (RCW 9.16.035(4)) 9A.44.160) Dealing in Depictions of Minor Endangerment with a Controlled Engaged in Sexually Explicit Substance (RCW 9A.42.100) Conduct 2 (RCW 9.68A.050(2)) Escape 1 (RCW 9A.76.110) Domestic Violence Court Order Violation (RCW 10.99.040, Hit and Run--Injury (RCW 10.99.050, 26.09.300, 26.10.220, 46.52.020(4)(b)) 26.26.138, 26.50.110, 26.52.070, Hit and Run with Vessel--Injury or 74.34.145) Accident (RCW 79A.60.200(3)) Driving While Under the Influence Identity Theft 1 (RCW 9.35.020(2)) (RCW 46.61.502(6)) Extortion 1 (RCW 9A.56.120) Indecent Exposure to Person Under Age Fourteen (subsequent sex Extortionate Extension of Credit (RCW offense) (RCW 9A.88.010) 9A.82.020) Influencing Outcome of Sporting Event Extortionate Means to Collect (RCW 9A.82.070) Extensions of Credit (RCW Malicious Harassment (RCW 9A.82.040) 9A.36.080) Incest 2 (RCW 9A.64.020(2)) Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))

52 JOURNAL OF THE SENATE Residential Burglary (RCW Introducing Contraband 2 (RCW 9A.52.025) 9A.76.150) Robbery 2 (RCW 9A.56.210) Malicious Injury to Railroad Property (RCW 81.60.070) Theft of Livestock 1 (RCW 9A.56.080) Mortgage Fraud (RCW 19.144.080)

Threats to Bomb (RCW 9.61.160) Negligently Causing Substantial Bodily Harm By Use of a Signal Trafficking in Stolen Property 1 (RCW Preemption Device (RCW 9A.82.050) 46.37.674) Unlawful factoring of a credit card or Organized Retail Theft 1 (RCW payment card transaction (RCW 9A.56.350(2)) 9A.56.290(4)(b)) Perjury 2 (RCW 9A.72.030) Unlawful transaction of health coverage as a health care service Possession of Incendiary Device (RCW contractor (RCW 48.44.016(3)) 9.40.120) Unlawful transaction of health Possession of Machine Gun or Short-Barreled coverage as a health maintenance Shotgun or Rifle (RCW organization (RCW 48.46.033(3)) 9.41.190) Unlawful transaction of insurance Promoting Prostitution 2 (RCW business (RCW 48.15.023(3)) 9A.88.080) Unlicensed practice as an insurance Retail Theft with Extenuating professional (RCW 48.17.063(2)) Circumstances 1 (RCW Use of Proceeds of Criminal 9A.56.360(2)) Profiteering (RCW 9A.82.080 (1) Securities Act violation (RCW and (2)) 21.20.400) Vehicular Assault, by being under the Tampering with a Witness (RCW influence of intoxicating liquor or 9A.72.120) any drug, or by the operation or Telephone Harassment (subsequent driving of a vehicle in a reckless conviction or threat of death) manner (RCW 46.61.522) (RCW 9.61.230(2)) Viewing of Depictions of a Minor Theft of Livestock 2 (RCW 9A.56.083) Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) Theft with the Intent to Resell 1 (RCW Willful Failure to Return from 9A.56.340(2)) Furlough (RCW 72.66.060) Trafficking in Stolen Property 2 (RCW III Animal Cruelty 1 (Sexual Conduct or 9A.82.055) Contact) (RCW 16.52.205(3)) Unlawful Hunting of Big Game 1 Assault 3 (Except Assault 3 of a Peace (RCW 77.15.410(3)(b)) Officer With a Projectile Stun Unlawful Imprisonment (RCW Gun) (RCW 9A.36.031 except 9A.40.040) subsection (1)(h)) Unlawful possession of firearm in the Assault of a Child 3 (RCW 9A.36.140) second degree (RCW 9.41.040(2)) Unlawful Taking of Endangered Fish Bail Jumping with class B or C Felony or Wildlife 1 (RCW (RCW 9A.76.170(3)(c)) 77.15.120(3)(b)) Burglary 2 (RCW 9A.52.030) Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW Communication with a Minor for 77.15.260(3)(b)) Immoral Purposes (RCW Unlawful Use of a Nondesignated 9.68A.090) Vessel (RCW 77.15.530(4)) Criminal Gang Intimidation (RCW Vehicular Assault, by the operation or 9A.46.120) driving of a vehicle with disregard Custodial Assault (RCW 9A.36.100) for the safety of others (RCW 46.61.522) Cyberstalking (subsequent conviction Willful Failure to Return from Work or threat of death) (RCW Release (RCW 72.65.070) 9.61.260(3)) II Commercial Fishing Without a License Escape 2 (RCW 9A.76.120) 1 (RCW 77.15.500(3)(b)) Computer Trespass 1 (RCW Extortion 2 (RCW 9A.56.130) 9A.52.110) Counterfeiting (RCW 9.16.035(3)) Harassment (RCW 9A.46.020) Engaging in Fish Dealing Activity Intimidating a Public Servant (RCW Unlicensed 1 (RCW 77.15.620(3)) 9A.76.180)

JOURNAL OF THE SENATE 53 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Escape from Community Custody Malicious Mischief 2 (RCW (RCW 72.09.310) 9A.48.080) Failure to Register as a Sex Offender Mineral Trespass (RCW 78.44.330) (second or subsequent offense) (RCW 9A.44.132) Possession of Stolen Property 2 (RCW Health Care False Claims (RCW 9A.56.160) 48.80.030) Reckless Burning 1 (RCW 9A.48.040) Identity Theft 2 (RCW 9.35.020(3)) Spotlighting Big Game 1 (RCW Improperly Obtaining Financial 77.15.450(3)(b)) Information (RCW 9.35.010) Suspension of Department Privileges 1 Malicious Mischief 1 (RCW (RCW 77.15.670(3)(b)) 9A.48.070) Taking Motor Vehicle Without Organized Retail Theft 2 (RCW Permission 2 (RCW 9A.56.075) 9A.56.350(3)) Theft 2 (RCW 9A.56.040) Possession of Stolen Property 1 (RCW 9A.56.150) Theft of Rental, Leased, or Lease-purchased Possession of a Stolen Vehicle (RCW Property (valued at two 9A.56.068) hundred fifty dollars or more but Retail Theft with Extenuating less than one thousand five Circumstances 2 (RCW hundred dollars) (RCW 9A.56.360(3)) 9A.56.096(5)(b)) Scrap Processing, Recycling, or Transaction of insurance business Supplying Without a License beyond the scope of licensure (second or subsequent offense) (RCW 48.17.063) (section 12 of this act) Unlawful Fish and Shellfish Catch Theft 1 (RCW 9A.56.030) Accounting (RCW 77.15.630(3)(b)) Theft of a Motor Vehicle (RCW Unlawful Issuance of Checks or Drafts 9A.56.065) (RCW 9A.56.060) Theft of Rental, Leased, or Lease-purchased Unlawful Possession of Fictitious Property (valued at one Identification (RCW 9A.56.320) thousand five hundred dollars or Unlawful Possession of Instruments of more) (RCW 9A.56.096(5)(a)) Financial Fraud (RCW 9A.56.320) Theft with the Intent to Resell 2 (RCW Unlawful Possession of Payment 9A.56.340(3)) Instruments (RCW 9A.56.320) Trafficking in Insurance Claims (RCW Unlawful Possession of a Personal 48.30A.015) Identification Device (RCW Unlawful factoring of a credit card or 9A.56.320) payment card transaction (RCW Unlawful Production of Payment 9A.56.290(4)(a)) Instruments (RCW 9A.56.320) Unlawful Participation of Non-Indians Unlawful Release of Deleterious Exotic in Indian Fishery (RCW Wildlife (RCW 77.15.250(2)(b)) 77.15.570(2)) Unlawful Trafficking in Food Stamps Unlawful Practice of Law (RCW (RCW 9.91.142) 2.48.180) Unlawful Use of Food Stamps (RCW Unlicensed Practice of a Profession or 9.91.144) Business (RCW 18.130.190(7)) Unlawful Use of Net to Take Fish 1 Unlawful Purchase or Use of a License (RCW 77.15.580(3)(b)) (RCW 77.15.650(3)(b)) Unlawful Use of Prohibited Aquatic Unlawful Trafficking in Fish, Shellfish, Animal Species (RCW or Wildlife 2 (RCW 77.15.253(3)) 77.15.260(3)(a)) Vehicle Prowl 1 (RCW 9A.52.095) Voyeurism (RCW 9A.44.115) Violating Commercial Fishing Area or I Attempting to Elude a Pursuing Police Time 1 (RCW 77.15.550(3)(b)) Vehicle (RCW 46.61.024) NEW SECTION. Sec. 27. A new section is added to chapter False Verification for Welfare (RCW 19.290 RCW to read as follows: 74.08.055) (1) The following personal property is subject to seizure and Forgery (RCW 9A.60.020) forfeiture and no property right exists in them: All personal property including, but not limited to, any item, object, tool, Fraudulent Creation or Revocation of a substance, device, weapon, machine, vehicle of any kind, money, Mental Health Advance Directive security, or negotiable instrument, which the seizing agency proves (RCW 9A.60.060) by a preponderance of the evidence was used or intended to be used by its owner or the person in charge to knowingly or intentionally

54 JOURNAL OF THE SENATE facilitate the commission of, or to knowingly or intentionally abet the seizing agency. Real property seized under this section shall the commission of, a crime involving theft, trafficking, or unlawful not be transferred or otherwise conveyed until ninety days after possession of commercial metal property, or which the seizing seizure or until a judgment of forfeiture is entered, whichever is agency proves by a preponderance of the evidence was knowingly later: PROVIDED, That real property seized under this section or intentionally furnished or was intended to be furnished by any may be transferred or conveyed to any person or entity who acquires person in the commission of, as a result of, or as compensation for title by foreclosure or deed in lieu of foreclosure of a security the commission of, a crime involving theft, trafficking, or the interest. Seizure of personal property without process may be unlawful possession of commercial metal property, or which the made if: property owner acquired in whole or in part with proceeds traceable (a) The seizure is incident to an arrest or a search under a search to a knowing or intentional commission of a crime involving the warrant; or theft, trafficking, or unlawful possession of commercial metal (b) The property subject to seizure has been the subject of a property provided that such activity is not less than a class C felony; prior judgment in favor of the state in a criminal injunction or except that: forfeiture proceeding. (a) No vehicle used by any person as a common carrier in the (4) In the event of seizure pursuant to this section, proceedings transaction of business as a common carrier is subject to forfeiture for forfeiture shall be deemed commenced by the seizure. The law under this section unless the seizing agency proves by a enforcement agency under whose authority the seizure was made preponderance of the evidence that the owner or other person in shall cause notice to be served within fifteen days following the charge of the vehicle is a consenting party or is privy to any crime seizure on the owner of the property seized and the person in charge involving theft, trafficking, or the unlawful possession of thereof and any person having any known right or interest therein, commercial metal property; including any community property interest, of the seizure and (b) A forfeiture of property encumbered by a bona fide security intended forfeiture of the seized property. Service of notice of interest is subject to the interest of the secured party if the secured seizure of real property shall be made according to the rules of civil party neither had actual or constructive knowledge of nor consented procedure. However, the state may not obtain a default judgment to the commission of any crime involving the theft, trafficking, or with respect to real property against a party who is served by unlawful possession of commercial metal property; and substituted service absent an affidavit stating that a good faith effort (c) A property owner's property is not subject to seizure if an has been made to ascertain if the defaulted party is incarcerated employee or agent of that property owner uses the property owner's within the state, and that there is no present basis to believe that the property to knowingly or intentionally facilitate the commission of, party is incarcerated within the state. The notice of seizure of or to knowingly or intentionally aid and abet the commission of, a personal property may be served by any method authorized by law crime involving theft, trafficking, or unlawful possession of or court rule including but not limited to service by certified mail commercial metal property, in violation of that property owner's with return receipt requested. Service by mail shall be deemed instructions or policies against such activity, and without the complete upon mailing within the fifteen day period following the property owner's knowledge or consent. seizure. Notice of seizure in the case of property subject to a (2) The following real property is subject to seizure and security interest that has been perfected by filing a financing forfeiture and no property right exists in them: All real property, statement in accordance with chapter 62A.9A RCW, or a certificate including any right, title, and interest in the whole of any lot or tract of title shall be made by service upon the secured party or the of land, and any appurtenances or improvements, that the seizing secured party's assignee at the address shown on the financing agency proves by a preponderance of the evidence are being used statement or the certificate of title. with the knowledge of the owner for the intentional commission of (5) If no person notifies the seizing law enforcement agency in any crime involving the theft, trafficking, or unlawful possession of writing of the person's claim of ownership or right to possession of commercial metal property, or which have been acquired in whole items specified in subsection (1) of this section within forty-five or in part with proceeds traceable to the commission of any crime days of the seizure in the case of personal property and ninety days involving the trafficking, theft, or unlawful possession of in the case of real property, the item seized shall be deemed commercial metal, if such activity is not less than a class C felony forfeited. The community property interest in real property of a and a substantial nexus exists between the commission of the person whose spouse or domestic partner committed a violation violation or crime and the real property. However: giving rise to seizure of the real property may not be forfeited if the (a) No property may be forfeited pursuant to this subsection (2), person did not participate in the violation. to the extent of the interest of an owner, by reason of any act or (6) If a person notifies the seizing law enforcement agency in omission committed or omitted without the owner's actual or writing of the person's claim of ownership or right to possession of constructive knowledge; and further, a property owner's real the seized property within forty-five days of the seizure in the case property is not subject to seizure if an employee or agent of that of personal property and ninety days in the case of real property, the property owner uses the property owner's real property to knowingly law enforcement agency shall give the person or persons a or intentionally facilitate the commission of, or to knowingly or reasonable opportunity to be heard as to the claim or right. The intentionally aid and abet the commission of, a crime involving hearing shall be before the chief law enforcement officer of the theft, trafficking, or unlawful possession of commercial metal seizing agency or the chief law enforcement officer's designee, property, in violation of that property owner's instructions or except where the seizing agency is a state agency as defined in RCW policies against such activity, and without the property owner's 34.12.020(4), the hearing shall be before the chief law enforcement knowledge or consent; and officer of the seizing agency or an administrative law judge (b) A forfeiture of real property encumbered by a bona fide appointed under chapter 34.12 RCW, except that any person security interest is subject to the interest of the secured party if the asserting a claim or right may remove the matter to a court of secured party, neither had actual or constructive knowledge, nor competent jurisdiction. Removal may only be accomplished consented to the act or omission. according to the rules of civil procedure. The person seeking (3) Property subject to forfeiture under this chapter may be removal of the matter must serve process against the state, county, seized by any law enforcement officer of this state upon process political subdivision, or municipality that operates the seizing issued by any superior court having jurisdiction over the property. agency, and any other party of interest, in accordance with RCW Seizure of real property shall include the filing of a lis pendens by 4.28.080 or 4.92.020, within forty-five days after the person seeking

JOURNAL OF THE SENATE 55 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION removal has notified the seizing law enforcement agency of the in which the property is located. Orders for the forfeiture of real person's claim of ownership or right to possession. The court to property shall be entered by the superior court, subject to court rules. which the matter is to be removed shall be the district court when the Such an order shall be filed by the seizing agency in the county aggregate value of the property is within the jurisdictional limit set auditor's records in the county in which the real property is located. forth in RCW 3.66.020. A hearing before the seizing agency and NEW SECTION. Sec. 28. A new section is added to chapter any appeal therefrom shall be under Title 34 RCW. In a court 19.290 RCW to read as follows: hearing between two or more claimants to the property involved, the The provisions of this chapter shall be liberally construed to the prevailing party shall be entitled to a judgment for costs and end that traffic in stolen private metal property or nonferrous metal reasonable attorneys' fees. The burden of producing evidence shall property may be prevented, and irresponsible, unreliable, or be upon the person claiming to be the lawful owner or the person dishonest persons may be prevented from engaging in the business claiming to have the lawful right to possession of the property. of processing, recycling, or supplying scrap metal in this state and (7) At the hearing, the seizing agency has the burden of proof to reliable persons may be encouraged to engage in businesses of establish by a preponderance of the evidence that seized property is processing, recycling, or supplying scrap metal in this state. subject to forfeiture, and that the use or intended use of the seized Sec. 29. RCW 18.235.020 and 2010 c 179 s 18 are each property in connection with a crime pursuant to this section occurred amended to read as follows: with the owner's actual or constructive knowledge or consent. The (1) This chapter applies only to the director and the boards and person claiming to be the lawful owner or the person claiming to commissions having jurisdiction in relation to the businesses and have the lawful right to possession of the property has the burden of professions licensed under the chapters specified in this section. proof to establish by a preponderance of the evidence that the person This chapter does not apply to any business or profession not owns or has a right to possess the seized property. The possession licensed under the chapters specified in this section. of bare legal title is not sufficient to establish ownership of seized (2)(a) The director has authority under this chapter in relation to property if the seizing agency proves by a preponderance of the the following businesses and professions: evidence that the person claiming ownership or right to possession is (i) Auctioneers under chapter 18.11 RCW; a nominal owner and did not actually own or exert a controlling (ii) Bail bond agents and bail bond recovery agents under interest in the property. chapter 18.185 RCW; The seizing law enforcement agency shall promptly return the (iii) Camping resorts' operators and salespersons under chapter property to the claimant upon a determination by the administrative 19.105 RCW; law judge or court that the claimant is the present lawful owner or is (iv) Commercial telephone solicitors under chapter 19.158 lawfully entitled to possession of the property. RCW; (8) When property is forfeited under this chapter, after (v) Cosmetologists, barbers, manicurists, and estheticians under satisfying any court-ordered victim restitution, the seizing law chapter 18.16 RCW; enforcement agency may: (vi) Court reporters under chapter 18.145 RCW; (a) Retain it for official use or, upon application by any law (vii) Driver training schools and instructors under chapter 46.82 enforcement agency of this state, release such property to such RCW; agency; or (viii) Employment agencies under chapter 19.31 RCW; (b) Sell that which is not required to be destroyed by law and (ix) For hire vehicle operators under chapter 46.72 RCW; which is not harmful to the public. (x) Limousines under chapter 46.72A RCW; (9)(a) Within one hundred twenty days after the entry of an (xi) Notaries public under chapter 42.44 RCW; order of forfeiture, each seizing agency shall remit to, if known, the (xii) Private investigators under chapter 18.165 RCW; victim of the crime involving the seized property, an amount equal (xiii) Professional boxing, martial arts, and wrestling under to fifty percent of the net proceeds of any property forfeited. chapter 67.08 RCW; (b) Retained property and net proceeds not required to be paid to (xiv) Real estate appraisers under chapter 18.140 RCW; victims shall be retained by the seizing law enforcement agency (xv) Real estate brokers and salespersons under chapters 18.85 exclusively for the expansion and improvement of law enforcement and 18.86 RCW; activity. Money retained under this section may not be used to (xvi) Scrap metal processors, scrap metal recyclers, and scrap supplant preexisting funding sources. metal suppliers under chapter 19.290 RCW; (c) The net proceeds of forfeited property is the value of the (xvii) Security guards under chapter 18.170 RCW; forfeitable interest in the property after deducting the cost of (((xvii))) (xviii) Sellers of travel under chapter 19.138 RCW; satisfying any bona fide security interest to which the property is (((xviii))) (xix) Timeshares and timeshare salespersons under subject at the time of seizure; and in the case of sold property, after chapter 64.36 RCW; deducting the cost of sale, including reasonable fees or commissions (((xix))) (xx) Whitewater river outfitters under chapter 79A.60 paid to independent selling agents, and the cost of any valid RCW; landlord's claim for damages. (((xx))) (xxi) Home inspectors under chapter 18.280 RCW; (d) The value of sold forfeited property is the sale price. The (((xxi))) (xxii) Body artists, body piercers, and tattoo artists, and value of retained forfeited property is the fair market value of the body art, body piercing, and tattooing shops and businesses, under property at the time of seizure, determined when possible by chapter 18.300 RCW; and reference to an applicable commonly used index, such as the index (((xxii))) (xxiii) Appraisal management companies under used by the department of licensing for valuation of motor vehicles. chapter 18.310 RCW. A seizing agency may use, but need not use, an independent (b) The boards and commissions having authority under this qualified appraiser to determine the value of retained property. If chapter are as follows: an appraiser is used, the value of the property appraised is net of the (i) The state board ((of registration)) for architects established in cost of the appraisal. The value of destroyed property and retained chapter 18.08 RCW; firearms or illegal property is zero. (ii) The Washington state collection agency board established in (10) Upon the entry of an order of forfeiture of real property, the chapter 19.16 RCW; court shall forward a copy of the order to the assessor of the county

56 JOURNAL OF THE SENATE (iii) The state board of registration for professional engineers the transaction with the scrap metal business has been convicted in and land surveyors established in chapter 18.43 RCW governing Washington of any crime involving burglary, robbery, theft, or licenses issued under chapters 18.43 and 18.210 RCW; possession of or receiving stolen property within the past four years. (iv) The funeral and cemetery board established in chapter (4) If the customer has been convicted of any crime involving 18.39 RCW governing licenses issued under chapters 18.39 and burglary, robbery, theft, or possession of or receiving stolen 68.05 RCW; property within the past four years despite whether the person was (v) The state board of licensure for landscape architects acting in his or her own behalf or as the agent of another then, at a established in chapter 18.96 RCW; and minimum, the no-buy list database program must immediately send (vi) The state geologist licensing board established in chapter an alert to the scrap metal business stating: (a) That the customer 18.220 RCW. is listed on a current no-buy list, (b) the four-year expiration period (3) In addition to the authority to discipline license holders, the for the customer's most recent crime listed, and (c) a notification that disciplinary authority may grant or deny licenses based on the entering into a transaction with the customer is prohibited under conditions and criteria established in this chapter and the chapters RCW 19.290.070. specified in subsection (2) of this section. This chapter also NEW SECTION. Sec. 32. A new section is added to chapter governs any investigation, hearing, or proceeding relating to denial 19.290 RCW to read as follows: of licensure or issuance of a license conditioned on the applicant's A scrap metal business shall, before completing any transaction compliance with an order entered under RCW 18.235.110 by the under this chapter, determine whether such customer is listed in the disciplinary authority. Washington association of sheriffs and police chiefs no-buy list Sec. 30. RCW 43.24.150 and 2011 c 298 s 25 are each database program established and made available under section 31 amended to read as follows: of this act. (1) The business and professions account is created in the state NEW SECTION. Sec. 33. A new section is added to chapter treasury. All receipts from business or professional licenses, 43.43 RCW to read as follows: registrations, certifications, renewals, examinations, or civil The Washington association of sheriffs and police chiefs shall penalties assessed and collected by the department from the not be held liable for civil damages resulting from any act or following chapters must be deposited into the account: omission in carrying out the requirements of section 31 of this act (a) Chapter 18.11 RCW, auctioneers; other than an act or omission constituting gross negligence or willful (b) Chapter 18.16 RCW, cosmetologists, barbers, and or wanton misconduct. manicurists; NEW SECTION. Sec. 34. If specific funding for the (c) Chapter 18.145 RCW, court reporters; purposes of sections 31 through 33 of this act, referencing sections (d) Chapter 18.165 RCW, private investigators; 31 through 33 of this act by bill or chapter number and section (e) Chapter 18.170 RCW, security guards; number, is not provided by June 30, 2013, in the omnibus (f) Chapter 18.185 RCW, bail bond agents; appropriations act, sections 31 through 33 of this act are null and (g) Chapter 18.280 RCW, home inspectors; void. (h) Chapter 19.16 RCW, collection agencies; NEW SECTION. Sec. 35. Sections 12 through 21 and 23 of (i) Chapter 19.31 RCW, employment agencies; this act take effect January 1, 2014. (j) Chapter 19.105 RCW, camping resorts; NEW SECTION. Sec. 36. The director of the department of (k) Chapter 19.138 RCW, sellers of travel; licensing may take the necessary steps to ensure that sections 12 (l) Chapter 42.44 RCW, notaries public; through 21 and 23 of this act are implemented on January 1, 2014." (m) Chapter 64.36 RCW, timeshares; On page 1, line 1 of the title, after "theft;" strike the remainder of (n) Chapter 67.08 RCW, boxing, martial arts, and wrestling; the title and insert "amending RCW 9A.48.100, 9A.56.030, (o) Chapter 18.300 RCW, body art, body piercing, and 9A.56.040, 19.290.010, 19.290.020, 19.290.030, 19.290.040, tattooing; 19.290.050, 19.290.060, 19.290.070, 19.290.090, 18.235.020, and (p) Chapter 79A.60 RCW, whitewater river outfitters; ((and)) 43.24.150; reenacting and amending RCW 9.94A.515; adding new (q) Chapter 19.158 RCW, commercial telephone solicitation; sections to chapter 19.290 RCW; adding a new section to chapter and 36.28A RCW; adding new sections to chapter 43.43 RCW; creating (r) Chapter 19.290 RCW, scrap metal businesses. new sections; prescribing penalties; and providing an effective Moneys in the account may be spent only after appropriation. date." Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing The President declared the question before the Senate to be activities of the department. Any residue in the account must be the motion by Senator Padden to not adopt the committee striking accumulated and may not revert to the general fund at the end of the amendment by the Committee on Law & Justice to Engrossed biennium. Substitute House Bill No. 1552. (2) The director must biennially prepare a budget request based The motion by Senator Padden carried and the committee on the anticipated costs of administering the business and striking amendment was not adopted by voice vote. professions licensing activities listed in subsection (1) of this section, which must include the estimated income from these MOTION business and professions fees. NEW SECTION. Sec. 31. A new section is added to chapter Senator Padden moved that the following striking 43.43 RCW to read as follows: amendment by Senators Padden and Kline be adopted: (1) Beginning on July 1, 2014, when funded, the Washington Strike everything after the enacting clause and insert the association of sheriffs and police chiefs shall implement and operate following: an ongoing electronic statewide no-buy list database program. "Sec. 1. RCW 9A.48.100 and 1984 c 273 s 4 are each (2) The database must be made available on a web site. amended to read as follows: (3) The no-buy list database program shall allow for any scrap For the purposes of RCW 9A.48.070 through 9A.48.090 metal business to enter a customer's name and date of birth into the inclusive: database. The database must determine if the customer pursuing

JOURNAL OF THE SENATE 57 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION (1) "Physical damage", in addition to its ordinary meaning, shall subdivision of the state, public corporation, or any other legal or include the total or partial alteration, damage, obliteration, or erasure commercial entity. of records, information, data, computer programs, or their computer (3) "Commercial metal property" means: Utility access representations, which are recorded for use in computers or the covers; street light poles and fixtures; road and bridge guardrails; impairment, interruption, or interference with the use of such highway or street signs; water meter covers; traffic directional and records, information, data, or computer programs, or the control signs; traffic light signals; any metal property marked with impairment, interruption, or interference with the use of any the name of a commercial enterprise, including but not limited to a computer or services provided by computers. "Physical damage" telephone, commercial mobile radio services, cable, electric, water, also includes any diminution in the value of any property as the natural gas, or other utility, or railroad; unused or undamaged consequence of an act and the cost to repair any physical damage; building construction materials consisting of copper pipe, tubing, or (2) If more than one item of property is physically damaged as a wiring, or aluminum wire, siding, downspouts, or gutters; aluminum result of a common scheme or plan by a person and the physical or stainless steel fence panels made from one inch tubing, forty-two damage to the property would, when considered separately, inches high with four-inch gaps; aluminum decking, bleachers, or constitute mischief in the third degree because of value, then the risers; historical markers; statue plaques; grave markers and funeral value of the damages may be aggregated in one count. If the sum vases; or agricultural irrigation wheels, sprinkler heads, and pipes. of the value of all the physical damages exceeds two hundred fifty (4) "Nonferrous metal property" means metal property for dollars, the defendant may be charged with and convicted of which the value of the metal property is derived from the property's malicious mischief in the second degree. content of copper, brass, aluminum, bronze, lead, zinc, nickel, and Sec. 2. RCW 9A.56.030 and 2012 c 233 s 2 are each amended their alloys. "Nonferrous metal property" does not include precious to read as follows: metals. (1) A person is guilty of theft in the first degree if he or she (5) "Precious metals" means gold, silver, and platinum. commits theft of: (6) "Private metal property" means catalytic converters, either (a) Property or services which exceed(s) five thousand dollars in singly or in bundles, bales, or bulk, that have been removed from value other than a firearm as defined in RCW 9.41.010; vehicles for sale as a specific commodity. (b) Property of any value, other than a firearm as defined in (7) "Record" means a paper, electronic, or other method of RCW 9.41.010 or a motor vehicle, taken from the person of another; storing information. (c) A search and rescue dog, as defined in RCW 9.91.175, while (8) "Scrap metal business" means a scrap metal supplier, scrap the search and rescue dog is on duty; or metal ((recycling center)) recycler, and scrap metal processor. (d) Commercial metal ((wire, taken from a public service (9) "Scrap metal processor" means a person with a current company, as defined in RCW 80.04.010, or a consumer-owned business license that conducts business from a permanent location, utility, as defined in RCW 19.280.020,)) property, nonferrous metal that is engaged in the business of purchasing or receiving private property, or private metal property, as those terms are defined in metal property, nonferrous metal property, and commercial metal RCW 19.290.010, and the costs of the damage to the ((public property for the purpose of altering the metal in preparation for its service company's or consumer-owned utility's)) owner's property use as feedstock in the manufacture of new products, and that exceed five thousand dollars in value. maintains a hydraulic bailer, shearing device, or shredding device (2) Theft in the first degree is a class B felony. for recycling. Sec. 3. RCW 9A.56.040 and 2012 c 233 s 3 are each amended (10) "Scrap metal ((recycling center)) recycler" means a person to read as follows: with a current business license that is engaged in the business of (1) A person is guilty of theft in the second degree if he or she purchasing or receiving private metal property, nonferrous metal commits theft of: property, and commercial metal property for the purpose of (a) Property or services which exceed(s) seven hundred fifty aggregation and sale to another scrap metal business and that dollars in value but does not exceed five thousand dollars in value, maintains a fixed place of business within the state. other than a firearm as defined in RCW 9.41.010 or a motor vehicle; (11) "Scrap metal supplier" means a person with a current (b) A public record, writing, or instrument kept, filed, or business license that is engaged in the business of purchasing or deposited according to law with or in the keeping of any public receiving private metal property or nonferrous metal property for the office or public servant; purpose of aggregation and sale to a scrap metal ((recycling center)) (c) Commercial metal ((wire, taken from a public service recycler or scrap metal processor and that does not maintain a fixed company, as defined in RCW 80.04.010, or a consumer-owned business location in the state. utility, as defined in RCW 19.280.020,)) property, nonferrous metal (12) "Transaction" means a pledge, or the purchase of, or the property, or private metal property, as those terms are defined in trade of any item of private metal property or nonferrous metal RCW 19.290.010, and the costs of the damage to the ((public property by a scrap metal business from a member of the general service company's or consumer-owned utility's)) owner's property public. "Transaction" does not include donations or the purchase or exceed seven hundred fifty dollars but does not exceed five receipt of private metal property or nonferrous metal property by a thousand dollars in value; or scrap metal business from a commercial enterprise, from another (d) An access device. scrap metal business, or from a duly authorized employee or agent (2) Theft in the second degree is a class C felony. of the commercial enterprise or scrap metal business. Sec. 4. RCW 19.290.010 and 2008 c 233 s 1 are each (13) "Engage in business" means conducting more than twelve amended to read as follows: transactions in a twelve-month period. The definitions in this section apply throughout this chapter (14) "Person" means an individual, domestic or foreign unless the context clearly requires otherwise. corporation, limited liability corporation, partnership, trust, (1) "Commercial account" means a relationship between a scrap unincorporated association, or other entity; an affiliate or associate metal business and a commercial enterprise that is ongoing and of any such person; or any two or more persons acting as a properly documented under RCW 19.290.030. partnership, syndicate, or other group for the purpose of acquiring, (2) "Commercial enterprise" means a corporation, partnership, holding, or dispersing of securities of a domestic or foreign limited liability company, association, state agency, political corporation.

58 JOURNAL OF THE SENATE Sec. 5. RCW 19.290.020 and 2008 c 233 s 2 are each produce written documentation that the seller is an employee or amended to read as follows: agent authorized to sell the property on behalf of a commercial (1) At the time of a transaction, every scrap metal business enterprise. doing business in this state shall produce wherever that business is (3) No scrap metal business may enter into a transaction to conducted an accurate and legible record of each transaction purchase or receive metallic wire that was burned in whole or in part involving private metal property or nonferrous metal property. to remove insulation unless the seller can produce written proof to This record must be written in the English language, documented on the scrap metal business that the wire was lawfully burned. a standardized form or in electronic form, and contain the following (4)(a) No transaction involving private metal property or information: nonferrous metal property ((valued at greater than thirty dollars)) (a) The signature of the person with whom the transaction is may be made in cash or with any person who does not provide a made; street address under the requirements of RCW 19.290.020 except as (b) The time, date, location, and value of the transaction; described in (b) of this subsection. ((For transactions valued at (c) The name of the employee representing the scrap metal greater than thirty dollars,)) The person with whom the transaction is business in the transaction; being made may only be paid by a nontransferable check, mailed by (d) The name, street address, and telephone number of the the scrap metal business to a street address provided under RCW person with whom the transaction is made; 19.290.020, no earlier than ((ten)) three days after the transaction (e) The license plate number and state of issuance of the license was made. A transaction occurs on the date provided in the record plate on the motor vehicle used to deliver the private metal property required under RCW 19.290.020. or nonferrous metal property subject to the transaction; (b) A scrap metal business that is in compliance with this chapter (f) A description of the motor vehicle used to deliver the private that digitally captures: (i) A copy of one piece of current metal property or nonferrous metal property subject to the government-issued picture identification, including a current transaction; driver's license or identification card issued by any state and (ii) (g) The current driver's license number or other either a picture or video of either the material subject to the government-issued picture identification card number of the seller transaction in the form received or the material subject to the or a copy of the seller's government-issued picture identification transaction within the vehicle which the material was transported to card; and the scrap metal business, may pay up to a maximum of thirty dollars (h) A description of the predominant types of private metal in cash, stored value device, or electronic funds transfer. The property or nonferrous metal property subject to the transaction, balance of the value of the transaction may be made by ((including the property's classification code as provided in)) nontransferable check, stored value device, or electronic funds utilizing the institute of scrap recycling industries' ((scrap transfer at the time the transaction is made. A scrap metal specifications circular, 2006)) generally accepted terminology, and business's usage of video surveillance shall be sufficient to comply including weight, quantity, or volume. with this subsection (4)(b)(ii) as long as the video captures the (2) For every transaction that involves private metal property or material subject to the transaction. A digital image or picture taken nonferrous metal property, every scrap metal business doing under this subsection must be available for two years from the date business in the state shall require the person with whom a of transaction, while a video recording must be available for thirty transaction is being made to sign a declaration. The declaration days. may be included as part of the transactional record required under (5) No scrap metal business may purchase or receive beer kegs subsection (1) of this section, or on a receipt for the transaction. from anyone except a manufacturer of beer kegs or licensed The declaration must state substantially the following: brewery. "I, the undersigned, affirm under penalty of law that the Sec. 7. RCW 19.290.040 and 2008 c 233 s 4 are each property that is subject to this transaction is not to the best of my amended to read as follows: knowledge stolen property." (1) Every scrap metal business must create and maintain a The declaration must be signed and dated by the person with permanent record with a commercial enterprise, including another whom the transaction is being made. An employee of the scrap scrap metal business, in order to establish a commercial account. metal business must witness the signing and dating of the That record, at a minimum, must include the following information: declaration and sign the declaration accordingly before any (a) The full name of the commercial enterprise or commercial transaction may be consummated. account; (3) The record and declaration required under this section must (b) The business address and telephone number of the be open to the inspection of any commissioned law enforcement commercial enterprise or commercial account; and officer of the state or any of its political subdivisions at all times (c) The full name of the person employed by the commercial during the ordinary hours of business, or at reasonable times if enterprise who is authorized to deliver private metal property, ordinary hours of business are not kept, and must be maintained nonferrous metal property, and commercial metal property to the wherever that business is conducted for ((one)) five years following scrap metal business. the date of the transaction. (2) The record maintained by a scrap metal business for a Sec. 6. RCW 19.290.030 and 2008 c 233 s 3 are each commercial account must document every purchase or receipt of amended to read as follows: private metal property, nonferrous metal property, and commercial (1) No scrap metal business may enter into a transaction to metal property from the commercial enterprise. The record must purchase or receive private metal property or nonferrous metal be maintained for three years following the date of the transfer or property from any person who cannot produce at least one piece of receipt. The documentation must include, at a minimum, the current government-issued picture identification, including a valid following information: driver's license or identification card issued by any state. (a) The time, date, and value of the property being purchased or (2) No scrap metal business may purchase or receive private received; metal property or commercial metal property unless the seller: (a) (b) A description of the predominant types of property being Has a commercial account with the scrap metal business; (b) can purchased or received; and prove ownership of the property by producing written (c) The signature of the person delivering the property to the documentation that the seller is the owner of the property; or (c) can scrap metal business.

JOURNAL OF THE SENATE 59 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Sec. 8. RCW 19.290.050 and 2008 c 233 s 5 are each (3) Any person to knowingly make, cause, or allow to be made amended to read as follows: any false entry or misstatement of any material matter in any book, (1) Upon request by any commissioned law enforcement officer record, or writing required to be kept under this chapter; of the state or any of its political subdivisions, every scrap metal (4) Any scrap metal business to enter into a transaction to business shall furnish a full, true, and correct transcript of the purchase or receive private metal property, nonferrous metal records from the purchase or receipt of private metal property, property, or commercial metal property from any person under the nonferrous metal property, and commercial metal property age of eighteen years or any person who is discernibly under the involving only a ((specific)) specified individual, vehicle, or item of influence of intoxicating liquor or drugs; private metal property, nonferrous metal property, or commercial (5) Any scrap metal business to enter into a transaction to metal property. This information may be transmitted within a purchase or receive private metal property, nonferrous metal specified time of not less than two business days to the applicable property, or commercial metal property with anyone whom the law enforcement agency electronically, by facsimile transmission, scrap metal business has been informed by a law enforcement or by modem or similar device, or by delivery of computer disk agency to have been convicted of a crime involving drugs, burglary, subject to the requirements of, and approval by, the chief of police or robbery, theft, or possession of or receiving stolen property, the county's chief law enforcement officer. manufacturing, delivering, or possessing with intent to deliver (2) Any records created or produced under this section are methamphetamine, or possession of ephedrine or any of its salts or exempt from disclosure under chapter 42.56 RCW. isomers or salts of isomers, pseudoephedrine or any of its salts or (3) If the scrap metal business has good cause to believe that any isomers or salts of isomers, or anhydrous ammonia with intent to private metal property, nonferrous metal property, or commercial manufacture methamphetamine within the past ((ten)) four years metal property in his or her possession has been previously lost or whether the person is acting in his or her own behalf or as the agent stolen, the scrap metal business shall promptly report that fact to the of another; applicable commissioned law enforcement officer of the state, the (6) Any person to sign the declaration required under RCW chief of police, or the county's chief law enforcement officer, 19.290.020 knowing that the private metal property or nonferrous together with the name of the owner, if known, and the date when metal property subject to the transaction is stolen. The signature of and the name of the person from whom it was received. a person on the declaration required under RCW 19.290.020 (4) Compliance with this section shall not give rise to or form the constitutes evidence of intent to defraud a scrap metal business if basis of private civil liability on the part of a scrap metal business or that person is found to have known that the private metal property or scrap metal recycler. nonferrous metal property subject to the transaction was stolen; Sec. 9. RCW 19.290.060 and 2008 c 233 s 6 are each (7) Any scrap metal business to possess private metal property amended to read as follows: or commercial metal property that was not lawfully purchased or (1) Following notification((, either verbally or)) in writing((,)) received under the requirements of this chapter; ((or)) from a commissioned law enforcement officer of the state or any of (8) Any scrap metal business to engage in a series of its political subdivisions that an item of private metal property, transactions valued at less than thirty dollars with the same seller for nonferrous metal property, or commercial metal property has been the purposes of avoiding the requirements of RCW 19.290.030(4); reported as stolen, a scrap metal business shall hold that property or intact and safe from alteration, damage, or commingling, and shall (9) Any person to knowingly make a false or fictitious oral or place an identifying tag or other suitable identification upon the written statement or to furnish or exhibit any false, fictitious, or property. The scrap metal business shall hold the property for a misrepresented identification, with the intent to deceive a scrap period of time as directed by the applicable law enforcement agency metal business as to the actual seller of the scrap metal. up to a maximum of ten business days. Sec. 11. RCW 19.290.090 and 2008 c 233 s 8 are each (2) A commissioned law enforcement officer of the state or any amended to read as follows: of its political subdivisions shall not place on hold any item of The provisions of this chapter do not apply to transactions private metal property, nonferrous metal property, or commercial involving metal from the components of vehicles acquired by metal property unless that law enforcement agency reasonably vehicle wreckers, hulk haulers, or scrap processors licensed under suspects that the property is a lost or stolen item. Any hold that is chapter 46.79 or 46.80 RCW, and acquired in accordance with those placed on the property must be removed within ten business days laws or transactions conducted by the following: after the property on hold is determined not to be stolen or lost and (1) Motor vehicle dealers licensed under chapter 46.70 RCW; the property must be returned to the owner or released. (2) ((Metal from the components of vehicles acquired by Sec. 10. RCW 19.290.070 and 2008 c 233 s 7 are each vehicle wreckers or hulk haulers licensed under chapter 46.79 or amended to read as follows: 46.80 RCW, and acquired in accordance with those laws; It is a gross misdemeanor under chapter 9A.20 RCW for: (3))) Persons in the business of operating an automotive repair (1) Any person to deliberately remove, alter, or obliterate any facility as defined under RCW 46.71.011; and manufacturer's make, model, or serial number, personal (((4))) (3) Persons in the business of buying or selling empty identification number, or identifying marks engraved or etched upon food and beverage containers, including metal food and beverage an item of private metal property, nonferrous metal property, or containers. commercial metal property in order to deceive a scrap metal NEW SECTION. Sec. 12. A new section is added to chapter business; 19.290 RCW to read as follows: (2) Any scrap metal business to enter into a transaction to (1) It is unlawful for a person to engage in the business of a purchase or receive any private metal property, nonferrous metal scrap metal processor, scrap metal recycler, or scrap metal supplier property, or commercial metal property where the manufacturer's without having first applied for and received a scrap metal license. make, model, or serial number, personal identification number, or (2)(a) Except as provided in (b) of this subsection, a person or identifying marks engraved or etched upon the property have been firm engaged in the unlawful activity described in this section is deliberately and conspicuously removed, altered, or obliterated; guilty of a gross misdemeanor. (b) A second or subsequent offense is a class C felony.

60 JOURNAL OF THE SENATE NEW SECTION. Sec. 13. A new section is added to chapter Whenever a scrap metal processor, recycler, or supplier ceases 19.290 RCW to read as follows: to do business as such or the license has been suspended or revoked, Application for a scrap metal license or renewal of a scrap metal the licensee shall immediately surrender the license to the license shall be made on a form for this purpose, furnished by the department of licensing. department of licensing, and shall be signed by the license holder or NEW SECTION. Sec. 17. A new section is added to chapter his or her authorized agent and shall include the following 19.290 RCW to read as follows: information: The licensee shall obtain a special set of license plates in (1) Name and address of the person, firm, partnership, addition to the regular licenses and plates required for the operation association, limited liability company, or corporation under which of such vehicles. The special plates must be displayed on vehicles name the business is to be conducted; owned and/or operated by the licensee and used in the conduct of the (2) Names and residence address of all persons having an business. The fee for these plates shall be five dollars for the interest in the business or, if the owner is a corporation, the names original plates and two dollars for each additional set of plates and addresses of the officers thereof; bearing the same license number. A licensee with more than one (3) Certificate of approval of the chief executive officer or chief licensed location in the state may use special plates bearing the same of police, or a designee, if the application is for a license within an license number for vehicles operated out of any of the licensed incorporated city or town or, in any unincorporated area, the county locations. legislative authority, the sheriff, or a designee, certifying that: NEW SECTION. Sec. 18. A new section is added to chapter (a) The applicant has an established place of business at the 19.290 RCW to read as follows: address shown on the application; The uniform regulation of business and professions act, chapter (b) There are no known environmental, building code, zoning, 18.235 RCW, governs unlicensed practice, the issuance and denial or other land use regulation violations associated with the business of licenses, and the discipline of licensees under this chapter. being located at the address; and NEW SECTION. Sec. 19. A new section is added to chapter (c) In the case of a renewal of a scrap metal license, the 19.290 RCW to read as follows: applicant is in compliance with this chapter: PROVIDED, That an If a person whose scrap metal license has previously been authorized representative of the department of licensing may make canceled for cause by the department of licensing files an the certification described in this section in any instance; application for a license to conduct business as a scrap metal (4) Any other information that the department of licensing may processor, recycler, or supplier, or if the department is of the opinion require. that the application is not filed in good faith or that the application is NEW SECTION. Sec. 14. A new section is added to chapter filed by some person as a subterfuge for the real person in interest 19.290 RCW to read as follows: whose license has previously been canceled for cause, the The application, together with the required fee, shall be department may refuse to issue the person a license to conduct forwarded to the department of licensing. Upon receipt of the business as a scrap metal processor, recycler, or supplier. application the department shall, if the application is in order, issue a NEW SECTION. Sec. 20. A new section is added to chapter scrap metal license authorizing the processor, recycler, or supplier to 19.290 RCW to read as follows: do business as such and forward the fee to the state treasurer. Upon (1) The director of licensing is hereby authorized to adopt receiving the certificate, the owner shall cause it to be prominently reasonable rules and regulations not in conflict with provisions displayed in the place of business, where it may be inspected by an hereof for the proper operation and enforcement of this chapter. investigating officer at any time. Every license must be issued in (2) The director shall set all license and renewal fees in the name of the applicant and the holder thereof may not allow any accordance with RCW 43.24.086. other person to use the license. NEW SECTION. Sec. 21. A new section is added to chapter NEW SECTION. Sec. 15. A new section is added to chapter 19.290 RCW to read as follows: 19.290 RCW to read as follows: The chiefs of police, the county sheriffs, and the Washington Before issuing a scrap metal license to a scrap metal processor state patrol may make periodic inspection of the licensee's licensed or scrap metal recycler, the department of licensing shall require the premises and records provided for in this chapter during normal applicant to file with the department a surety bond in the amount of business hours, and furnish a certificate of inspection to the ten thousand dollars, running to the state of Washington, and department of licensing in such manner as may be determined by the executed by a surety company authorized to do business in the state department. In any instance, an authorized representative of the of Washington. The bond shall be approved as to form by the department may make the inspection. Licensees are subject to attorney general and conditioned upon the licensee conducting the unannounced periodic inspections, as described in this section. business in conformity with the provisions of this chapter. Except NEW SECTION. Sec. 22. A new section is added to chapter as prohibited elsewhere in this chapter, any person who has suffered 19.290 RCW to read as follows: loss or damage by reason of fraud or gross negligence, or an The state of Washington hereby fully occupies and preempts the intentional or reckless violation of the terms of this chapter, or entire field of regulation of scrap metal processors, recyclers, or misrepresentation on the part of the scrap metal processor or suppliers within the boundaries of the state. Any political recycler, may institute an action for recovery against the licensee subdivision in this state may enact or enforce only those laws and and surety upon the bond. However, the aggregate liability of the ordinances relating to the regulation of scrap metal processors, surety to all persons shall in no event exceed the amount of the bond. recyclers, or suppliers that are specifically authorized by state law NEW SECTION. Sec. 16. A new section is added to chapter and are consistent with this chapter. Nothing in this chapter is 19.290 RCW to read as follows: intended to limit the authority of any political subdivision to impose A license issued on the scrap metal license application remains generally applicable zoning, land use, permitting, general business in force until suspended or revoked and may be renewed annually licensing, environmental, and health and safety requirements or upon reapplication and upon payment of the required fee. A authorized business taxes upon scrap metal processors, recyclers, or licensee who fails or neglects to renew the license before the suppliers within their jurisdictions. Local ordinances pertaining assigned expiration date shall pay the fee for an original scrap metal specifically to scrap metal processors, recyclers, or suppliers shall license as provided in this chapter. have the same or lesser penalty as provided for by state law. Local scrap metal laws and ordinances that are inconsistent with, more

JOURNAL OF THE SENATE 61 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION restrictive than, or exceed the requirements of state law shall not be (3) The cost of administering the grants shall not exceed sixty enacted and are hereby preempted and repealed, regardless of the thousand dollars, or three percent of appropriated funding, code, charter, or home rule status of such political subdivision. whichever is greater. NEW SECTION. Sec. 23. A new section is added to chapter (4) Grant awards may not be used to supplant preexisting 19.290 RCW to read as follows: funding sources for special enforcement targeting metal theft. (1) In addition to the powers granted in chapter 18.235 RCW, NEW SECTION. Sec. 25. A new section is added to chapter the department of licensing or its authorized agent may examine or 19.290 RCW to read as follows: subpoena any persons, books, papers, records, data, vehicles, or (1) Law enforcement agencies may register with the scrap theft metal property bearing upon the investigation or proceeding under alert system that is maintained and provided at no charge to users by this chapter. the institute of scrap recycling industries, incorporated, or its (2) The persons subpoenaed may be required to testify and successor organization, to receive alerts regarding thefts of private, produce any books, papers, records, data, vehicles, or metal property nonferrous, or commercial metal property in the relevant geographic that the director of licensing deems relevant or material to the area. inquiry. (2) Any business licensed under this chapter shall: (3) The director of the department of licensing or an authorized (a) Sign up with the scrap theft alert system that is maintained agent may administer an oath to the person required to testify, and a and provided at no charge to users by the institute of scrap recycling person giving false testimony after the administration of the oath is industries, incorporated, or its successor organization, to receive guilty of perjury in the first degree under RCW 9A.72.020. alerts regarding thefts of private, nonferrous, or commercial metal (4)(a) Any authorized representative of the director of the property in the relevant geographic area; department of licensing may apply for and obtain a superior court (b) Download the scrap metal theft alerts generated by the scrap order approving and authorizing a subpoena in advance of its theft alert system on a daily basis; issuance. The application may be made in the county where the (c) Use the alerts to identify potentially stolen commercial metal subpoenaed person resides or is found, or the county where the property, nonferrous metal property, and private metal property; and subpoenaed records or documents are located, or in Thurston (d) Maintain for ninety days copies of any theft alerts received county. The application must: and downloaded pursuant to this section. (i) State that an order is sought pursuant to this subsection; Sec. 26. RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s (ii) Adequately specify the records, documents, or testimony; 1 are each reenacted and amended to read as follows: and (iii) Declare under oath that an investigation is being conducted TABLE 2 for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents or CRIMES INCLUDED WITHIN testimony are reasonably related to an investigation within the EACH SERIOUSNESS LEVEL department's authority. XVI Aggravated Murder 1 (RCW (b) Where the application under this subsection is made to the 10.95.020) satisfaction of the court, the court must issue an order approving the XV Homicide by abuse (RCW 9A.32.055) subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the records or testimony. Malicious explosion 1 (RCW (c) Any authorized representative of the director of the 70.74.280(1)) department of licensing may seek approval and a court may issue an Murder 1 (RCW 9A.32.030) order under this subsection without prior notice to any person, including the person to whom the subpoena is directed and the XIV Murder 2 (RCW 9A.32.050) person who is the subject of an investigation. (5) Any records created or produced under this section are Trafficking 1 (RCW 9A.40.100(1)) exempt from disclosure under chapter 42.56 RCW. NEW SECTION. Sec. 24. A new section is added to chapter XIII Malicious explosion 2 (RCW 36.28A RCW to read as follows: 70.74.280(2)) (1) When funded, the Washington association of sheriffs and Malicious placement of an explosive 1 police chiefs shall establish a grant program to assist local law (RCW 70.74.270(1)) enforcement agencies in the support of special enforcement XII Assault 1 (RCW 9A.36.011) emphasis targeting metal theft. Grant applications shall be reviewed and awarded through peer review panels. Grant Assault of a Child 1 (RCW 9A.36.120) applicants are encouraged to utilize multijurisdictional efforts. (2) Each grant applicant shall: Malicious placement of an imitation (a) Show a significant metal theft problem in the jurisdiction or device 1 (RCW 70.74.272(1)(a)) jurisdictions receiving the grant; Promoting Commercial Sexual Abuse (b) Verify that grant awards are sufficient to cover increased of a Minor (RCW 9.68A.101) investigation, prosecution, and jail costs; Rape 1 (RCW 9A.44.040) (c) Design an enforcement program that best suits the specific metal theft problem in the jurisdiction or jurisdictions receiving the Rape of a Child 1 (RCW 9A.44.073) grant; (d) Demonstrate community coordination focusing on Trafficking 2 (RCW 9A.40.100(2)) prevention, intervention, and suppression; and (e) Collect data on performance. XI Manslaughter 1 (RCW 9A.32.060) Rape 2 (RCW 9A.44.050)

62 JOURNAL OF THE SENATE Rape of a Child 2 (RCW 9A.44.076) Drive-by Shooting (RCW 9A.36.045)

Vehicular Homicide, by being under Homicide by Watercraft, by disregard the influence of intoxicating liquor for the safety of others (RCW or any drug (RCW 46.61.520) 79A.60.050) X Child Molestation 1 (RCW 9A.44.083) Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) Criminal Mistreatment 1 (RCW (b) and (c)) 9A.42.020) Introducing Contraband 1 (RCW Indecent Liberties (with forcible 9A.76.140) compulsion) (RCW Malicious placement of an explosive 3 9A.44.100(1)(a)) (RCW 70.74.270(3)) Kidnapping 1 (RCW 9A.40.020) Negligently Causing Death By Use of a Signal Preemption Device (RCW Leading Organized Crime (RCW 46.37.675) 9A.82.060(1)(a)) Sending, bringing into state depictions Malicious explosion 3 (RCW of minor engaged in sexually 70.74.280(3)) explicit conduct 1 (RCW Sexually Violent Predator Escape 9.68A.060(1)) (RCW 9A.76.115) Unlawful Possession of a Firearm in IX Abandonment of Dependent Person 1 the first degree (RCW 9.41.040(1)) (RCW 9A.42.060) Use of a Machine Gun in Commission Assault of a Child 2 (RCW 9A.36.130) of a Felony (RCW 9.41.225) Vehicular Homicide, by disregard for Explosive devices prohibited (RCW the safety of others (RCW 70.74.180) 46.61.520) Hit and Run--Death (RCW VI Bail Jumping with Murder 1 (RCW 46.52.020(4)(a)) 9A.76.170(3)(a)) Homicide by Watercraft, by being Bribery (RCW 9A.68.010) under the influence of intoxicating liquor or any drug (RCW Incest 1 (RCW 9A.64.020(1)) 79A.60.050) Inciting Criminal Profiteering (RCW Intimidating a Judge (RCW 9A.72.160) 9A.82.060(1)(b)) Malicious placement of an explosive 2 Intimidating a Juror/Witness (RCW (RCW 70.74.270(2)) 9A.72.110, 9A.72.130) Robbery 1 (RCW 9A.56.200) Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) Sexual Exploitation (RCW 9.68A.040) Possession of Depictions of a Minor Engaged in Sexually Explicit VIII Arson 1 (RCW 9A.48.020) Conduct 1 (RCW 9.68A.070(1)) Rape of a Child 3 (RCW 9A.44.079) Commercial Sexual Abuse of a Minor (RCW 9.68A.100) Theft of a Firearm (RCW 9A.56.300) Homicide by Watercraft, by the operation of any vessel in a Unlawful Storage of Ammonia (RCW reckless manner (RCW 69.55.020) 79A.60.050) V Abandonment of Dependent Person 2 Manslaughter 2 (RCW 9A.32.070) (RCW 9A.42.070) Advancing money or property for Promoting Prostitution 1 (RCW extortionate extension of credit 9A.88.070) (RCW 9A.82.030) Theft of Ammonia (RCW 69.55.010) Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) Vehicular Homicide, by the operation Child Molestation 3 (RCW 9A.44.089) of any vehicle in a reckless manner (RCW 46.61.520) Criminal Mistreatment 2 (RCW VII Burglary 1 (RCW 9A.52.020) 9A.42.030) Custodial Sexual Misconduct 1 (RCW Child Molestation 2 (RCW 9A.44.086) 9A.44.160) Dealing in Depictions of Minor Civil Disorder Training (RCW Engaged in Sexually Explicit 9A.48.120) Conduct 2 (RCW 9.68A.050(2)) Dealing in depictions of minor engaged Domestic Violence Court Order in sexually explicit conduct 1 Violation (RCW 10.99.040, (RCW 9.68A.050(1)) 10.99.050, 26.09.300, 26.10.220,

JOURNAL OF THE SENATE 63 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION 26.26.138, 26.50.110, 26.52.070, Identity Theft 1 (RCW 9.35.020(2)) or 74.34.145) Driving While Under the Influence Indecent Exposure to Person Under (RCW 46.61.502(6)) Age Fourteen (subsequent sex Extortion 1 (RCW 9A.56.120) offense) (RCW 9A.88.010) Influencing Outcome of Sporting Event Extortionate Extension of Credit (RCW (RCW 9A.82.070) 9A.82.020) Malicious Harassment (RCW Extortionate Means to Collect 9A.36.080) Extensions of Credit (RCW Possession of Depictions of a Minor 9A.82.040) Engaged in Sexually Explicit Incest 2 (RCW 9A.64.020(2)) Conduct 2 (RCW 9.68A.070(2)) Residential Burglary (RCW Kidnapping 2 (RCW 9A.40.030) 9A.52.025) Robbery 2 (RCW 9A.56.210) Perjury 1 (RCW 9A.72.020) Theft of Livestock 1 (RCW 9A.56.080) Persistent prison misbehavior (RCW 9.94.070) Threats to Bomb (RCW 9.61.160) Physical Control of a Vehicle While Under the Influence (RCW Trafficking in Stolen Property 1 (RCW 46.61.504(6)) 9A.82.050) Possession of a Stolen Firearm (RCW Unlawful factoring of a credit card or 9A.56.310) payment card transaction (RCW Rape 3 (RCW 9A.44.060) 9A.56.290(4)(b)) Unlawful transaction of health Rendering Criminal Assistance 1 coverage as a health care service (RCW 9A.76.070) contractor (RCW 48.44.016(3)) Sending, Bringing into State Depictions Unlawful transaction of health of Minor Engaged in Sexually coverage as a health maintenance Explicit Conduct 2 (RCW organization (RCW 48.46.033(3)) 9.68A.060(2)) Unlawful transaction of insurance Sexual Misconduct with a Minor 1 business (RCW 48.15.023(3)) (RCW 9A.44.093) Unlicensed practice as an insurance Sexually Violating Human Remains professional (RCW 48.17.063(2)) (RCW 9A.44.105) Use of Proceeds of Criminal Stalking (RCW 9A.46.110) Profiteering (RCW 9A.82.080 (1) and (2)) Taking Motor Vehicle Without Vehicular Assault, by being under the Permission 1 (RCW 9A.56.070) influence of intoxicating liquor or IV Arson 2 (RCW 9A.48.030) any drug, or by the operation or driving of a vehicle in a reckless Assault 2 (RCW 9A.36.021) manner (RCW 46.61.522) Viewing of Depictions of a Minor Assault 3 (of a Peace Officer with a Engaged in Sexually Explicit Projectile Stun Gun) (RCW Conduct 1 (RCW 9.68A.075(1)) 9A.36.031(1)(h)) Willful Failure to Return from Assault by Watercraft (RCW Furlough (RCW 72.66.060) 79A.60.060) III Animal Cruelty 1 (Sexual Conduct or Bribing a Witness/Bribe Received by Contact) (RCW 16.52.205(3)) Witness (RCW 9A.72.090, Assault 3 (Except Assault 3 of a Peace 9A.72.100) Officer With a Projectile Stun Cheating 1 (RCW 9.46.1961) Gun) (RCW 9A.36.031 except subsection (1)(h)) Commercial Bribery (RCW 9A.68.060) Assault of a Child 3 (RCW 9A.36.140)

64 JOURNAL OF THE SENATE Custodial Assault (RCW 9A.36.100) for the safety of others (RCW 46.61.522) Cyberstalking (subsequent conviction Willful Failure to Return from Work or threat of death) (RCW Release (RCW 72.65.070) 9.61.260(3)) II Commercial Fishing Without a License Escape 2 (RCW 9A.76.120) 1 (RCW 77.15.500(3)(b)) Computer Trespass 1 (RCW Extortion 2 (RCW 9A.56.130) 9A.52.110) Counterfeiting (RCW 9.16.035(3)) Harassment (RCW 9A.46.020) Engaging in Fish Dealing Activity Intimidating a Public Servant (RCW Unlicensed 1 (RCW 77.15.620(3)) 9A.76.180) Escape from Community Custody Introducing Contraband 2 (RCW (RCW 72.09.310) 9A.76.150) Failure to Register as a Sex Offender Malicious Injury to Railroad Property (second or subsequent offense) (RCW 81.60.070) (RCW 9A.44.132) Mortgage Fraud (RCW 19.144.080) Health Care False Claims (RCW 48.80.030) Negligently Causing Substantial Bodily Identity Theft 2 (RCW 9.35.020(3)) Harm By Use of a Signal Preemption Device (RCW Improperly Obtaining Financial 46.37.674) Information (RCW 9.35.010) Organized Retail Theft 1 (RCW Malicious Mischief 1 (RCW 9A.56.350(2)) 9A.48.070) Perjury 2 (RCW 9A.72.030) Organized Retail Theft 2 (RCW 9A.56.350(3)) Possession of Incendiary Device (RCW Possession of Stolen Property 1 (RCW 9.40.120) 9A.56.150) Possession of Machine Gun or Short-Barreled Possession of a Stolen Vehicle (RCW Shotgun or Rifle (RCW 9A.56.068) 9.41.190) Retail Theft with Extenuating Promoting Prostitution 2 (RCW Circumstances 2 (RCW 9A.88.080) 9A.56.360(3)) Retail Theft with Extenuating Scrap Processing, Recycling, or Circumstances 1 (RCW Supplying Without a License 9A.56.360(2)) (second or subsequent offense) Securities Act violation (RCW (section 12 of this act) 21.20.400) Theft 1 (RCW 9A.56.030) Tampering with a Witness (RCW 9A.72.120) Theft of a Motor Vehicle (RCW Telephone Harassment (subsequent 9A.56.065) conviction or threat of death) Theft of Rental, Leased, or Lease-purchased (RCW 9.61.230(2)) Property (valued at one Theft of Livestock 2 (RCW 9A.56.083) thousand five hundred dollars or more) (RCW 9A.56.096(5)(a)) Theft with the Intent to Resell 1 (RCW Theft with the Intent to Resell 2 (RCW 9A.56.340(2)) 9A.56.340(3)) Trafficking in Stolen Property 2 (RCW Trafficking in Insurance Claims (RCW 9A.82.055) 48.30A.015) Unlawful Hunting of Big Game 1 Unlawful factoring of a credit card or (RCW 77.15.410(3)(b)) payment card transaction (RCW Unlawful Imprisonment (RCW 9A.56.290(4)(a)) 9A.40.040) Unlawful Participation of Non-Indians Unlawful possession of firearm in the in Indian Fishery (RCW second degree (RCW 9.41.040(2)) 77.15.570(2)) Unlawful Taking of Endangered Fish Unlawful Practice of Law (RCW or Wildlife 1 (RCW 2.48.180) 77.15.120(3)(b)) Unlicensed Practice of a Profession or Unlawful Trafficking in Fish, Shellfish, Business (RCW 18.130.190(7)) or Wildlife 1 (RCW Unlawful Purchase or Use of a License 77.15.260(3)(b)) (RCW 77.15.650(3)(b)) Unlawful Use of a Nondesignated Unlawful Trafficking in Fish, Shellfish, Vessel (RCW 77.15.530(4)) or Wildlife 2 (RCW Vehicular Assault, by the operation or 77.15.260(3)(a)) driving of a vehicle with disregard

JOURNAL OF THE SENATE 65 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Voyeurism (RCW 9A.44.115) Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) I Attempting to Elude a Pursuing Police NEW SECTION. Sec. 27. A new section is added to chapter Vehicle (RCW 46.61.024) 19.290 RCW to read as follows: False Verification for Welfare (RCW (1) The following personal property is subject to seizure and 74.08.055) forfeiture and no property right exists in them: All personal Forgery (RCW 9A.60.020) property including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, Fraudulent Creation or Revocation of a security, or negotiable instrument, which the seizing agency proves Mental Health Advance Directive by a preponderance of the evidence was used or intended to be used (RCW 9A.60.060) by its owner or the person in charge to knowingly or intentionally Malicious Mischief 2 (RCW facilitate the commission of, or to knowingly or intentionally abet 9A.48.080) the commission of, a crime involving theft, trafficking, or unlawful Mineral Trespass (RCW 78.44.330) possession of commercial metal property, or which the seizing agency proves by a preponderance of the evidence was knowingly Possession of Stolen Property 2 (RCW or intentionally furnished or was intended to be furnished by any 9A.56.160) person in the commission of, as a result of, or as compensation for Reckless Burning 1 (RCW 9A.48.040) the commission of, a crime involving theft, trafficking, or the unlawful possession of commercial metal property, or which the Spotlighting Big Game 1 (RCW property owner acquired in whole or in part with proceeds traceable 77.15.450(3)(b)) to a knowing or intentional commission of a crime involving the Suspension of Department Privileges 1 theft, trafficking, or unlawful possession of commercial metal (RCW 77.15.670(3)(b)) property provided that such activity is not less than a class C felony; Taking Motor Vehicle Without except that: Permission 2 (RCW 9A.56.075) (a) No vehicle used by any person as a common carrier in the Theft 2 (RCW 9A.56.040) transaction of business as a common carrier is subject to forfeiture under this section unless the seizing agency proves by a Theft of Rental, Leased, or Lease-purchased preponderance of the evidence that the owner or other person in Property (valued at two charge of the vehicle is a consenting party or is privy to any crime hundred fifty dollars or more but involving theft, trafficking, or the unlawful possession of less than one thousand five commercial metal property; hundred dollars) (RCW (b) A forfeiture of property encumbered by a bona fide security 9A.56.096(5)(b)) interest is subject to the interest of the secured party if the secured Transaction of insurance business party neither had actual or constructive knowledge of nor consented beyond the scope of licensure to the commission of any crime involving the theft, trafficking, or (RCW 48.17.063) unlawful possession of commercial metal property; and Unlawful Fish and Shellfish Catch (c) A property owner's property is not subject to seizure if an Accounting (RCW employee or agent of that property owner uses the property owner's 77.15.630(3)(b)) property to knowingly or intentionally facilitate the commission of, Unlawful Issuance of Checks or Drafts or to knowingly or intentionally aid and abet the commission of, a (RCW 9A.56.060) crime involving theft, trafficking, or unlawful possession of Unlawful Possession of Fictitious commercial metal property, in violation of that property owner's Identification (RCW 9A.56.320) instructions or policies against such activity, and without the Unlawful Possession of Instruments of property owner's knowledge or consent. Financial Fraud (RCW 9A.56.320) (2) The following real property is subject to seizure and Unlawful Possession of Payment forfeiture and no property right exists in them: All real property, Instruments (RCW 9A.56.320) including any right, title, and interest in the whole of any lot or tract Unlawful Possession of a Personal of land, and any appurtenances or improvements, that the seizing Identification Device (RCW agency proves by a preponderance of the evidence are being used 9A.56.320) with the knowledge of the owner for the intentional commission of Unlawful Production of Payment any crime involving the theft, trafficking, or unlawful possession of Instruments (RCW 9A.56.320) commercial metal property, or which have been acquired in whole Unlawful Release of Deleterious Exotic or in part with proceeds traceable to the commission of any crime Wildlife (RCW 77.15.250(2)(b)) involving the trafficking, theft, or unlawful possession of Unlawful Trafficking in Food Stamps commercial metal, if such activity is not less than a class C felony (RCW 9.91.142) and a substantial nexus exists between the commission of the Unlawful Use of Food Stamps (RCW violation or crime and the real property. However: 9.91.144) (a) No property may be forfeited pursuant to this subsection (2), Unlawful Use of Net to Take Fish 1 to the extent of the interest of an owner, by reason of any act or (RCW 77.15.580(3)(b)) omission committed or omitted without the owner's actual or Unlawful Use of Prohibited Aquatic constructive knowledge; and further, a property owner's real Animal Species (RCW property is not subject to seizure if an employee or agent of that 77.15.253(3)) property owner uses the property owner's real property to knowingly Vehicle Prowl 1 (RCW 9A.52.095) or intentionally facilitate the commission of, or to knowingly or intentionally aid and abet the commission of, a crime involving

66 JOURNAL OF THE SENATE theft, trafficking, or unlawful possession of commercial metal seizing agency or the chief law enforcement officer's designee, property, in violation of that property owner's instructions or except where the seizing agency is a state agency as defined in RCW policies against such activity, and without the property owner's 34.12.020(4), the hearing shall be before the chief law enforcement knowledge or consent; and officer of the seizing agency or an administrative law judge (b) A forfeiture of real property encumbered by a bona fide appointed under chapter 34.12 RCW, except that any person security interest is subject to the interest of the secured party if the asserting a claim or right may remove the matter to a court of secured party, neither had actual or constructive knowledge, nor competent jurisdiction. Removal may only be accomplished consented to the act or omission. according to the rules of civil procedure. The person seeking (3) Property subject to forfeiture under this chapter may be removal of the matter must serve process against the state, county, seized by any law enforcement officer of this state upon process political subdivision, or municipality that operates the seizing issued by any superior court having jurisdiction over the property. agency, and any other party of interest, in accordance with RCW Seizure of real property shall include the filing of a lis pendens by 4.28.080 or 4.92.020, within forty-five days after the person seeking the seizing agency. Real property seized under this section shall removal has notified the seizing law enforcement agency of the not be transferred or otherwise conveyed until ninety days after person's claim of ownership or right to possession. The court to seizure or until a judgment of forfeiture is entered, whichever is which the matter is to be removed shall be the district court when the later: PROVIDED, That real property seized under this section aggregate value of the property is within the jurisdictional limit set may be transferred or conveyed to any person or entity who acquires forth in RCW 3.66.020. A hearing before the seizing agency and title by foreclosure or deed in lieu of foreclosure of a security any appeal therefrom shall be under Title 34 RCW. In a court interest. Seizure of personal property without process may be hearing between two or more claimants to the property involved, the made if: prevailing party shall be entitled to a judgment for costs and (a) The seizure is incident to an arrest or a search under a search reasonable attorneys' fees. The burden of producing evidence shall warrant; or be upon the person claiming to be the lawful owner or the person (b) The property subject to seizure has been the subject of a claiming to have the lawful right to possession of the property. prior judgment in favor of the state in a criminal injunction or (7) At the hearing, the seizing agency has the burden of proof to forfeiture proceeding. establish by a preponderance of the evidence that seized property is (4) In the event of seizure pursuant to this section, proceedings subject to forfeiture, and that the use or intended use of the seized for forfeiture shall be deemed commenced by the seizure. The law property in connection with a crime pursuant to this section occurred enforcement agency under whose authority the seizure was made with the owner's actual or constructive knowledge or consent. The shall cause notice to be served within fifteen days following the person claiming to be the lawful owner or the person claiming to seizure on the owner of the property seized and the person in charge have the lawful right to possession of the property has the burden of thereof and any person having any known right or interest therein, proof to establish by a preponderance of the evidence that the person including any community property interest, of the seizure and owns or has a right to possess the seized property. The possession intended forfeiture of the seized property. Service of notice of of bare legal title is not sufficient to establish ownership of seized seizure of real property shall be made according to the rules of civil property if the seizing agency proves by a preponderance of the procedure. However, the state may not obtain a default judgment evidence that the person claiming ownership or right to possession is with respect to real property against a party who is served by a nominal owner and did not actually own or exert a controlling substituted service absent an affidavit stating that a good faith effort interest in the property. has been made to ascertain if the defaulted party is incarcerated The seizing law enforcement agency shall promptly return the within the state, and that there is no present basis to believe that the property to the claimant upon a determination by the administrative party is incarcerated within the state. The notice of seizure of law judge or court that the claimant is the present lawful owner or is personal property may be served by any method authorized by law lawfully entitled to possession of the property. or court rule including but not limited to service by certified mail (8) When property is forfeited under this chapter, after with return receipt requested. Service by mail shall be deemed satisfying any court-ordered victim restitution, the seizing law complete upon mailing within the fifteen day period following the enforcement agency may: seizure. Notice of seizure in the case of property subject to a (a) Retain it for official use or, upon application by any law security interest that has been perfected by filing a financing enforcement agency of this state, release such property to such statement in accordance with chapter 62A.9A RCW, or a certificate agency; or of title shall be made by service upon the secured party or the (b) Sell that which is not required to be destroyed by law and secured party's assignee at the address shown on the financing which is not harmful to the public. statement or the certificate of title. (9)(a) Within one hundred twenty days after the entry of an (5) If no person notifies the seizing law enforcement agency in order of forfeiture, each seizing agency shall remit to, if known, the writing of the person's claim of ownership or right to possession of victim of the crime involving the seized property, an amount equal items specified in subsection (1) of this section within forty-five to fifty percent of the net proceeds of any property forfeited. days of the seizure in the case of personal property and ninety days (b) Retained property and net proceeds not required to be paid to in the case of real property, the item seized shall be deemed victims shall be retained by the seizing law enforcement agency forfeited. The community property interest in real property of a exclusively for the expansion and improvement of law enforcement person whose spouse or domestic partner committed a violation activity. Money retained under this section may not be used to giving rise to seizure of the real property may not be forfeited if the supplant preexisting funding sources. person did not participate in the violation. (c) The net proceeds of forfeited property is the value of the (6) If a person notifies the seizing law enforcement agency in forfeitable interest in the property after deducting the cost of writing of the person's claim of ownership or right to possession of satisfying any bona fide security interest to which the property is the seized property within forty-five days of the seizure in the case subject at the time of seizure; and in the case of sold property, after of personal property and ninety days in the case of real property, the deducting the cost of sale, including reasonable fees or commissions law enforcement agency shall give the person or persons a paid to independent selling agents, and the cost of any valid reasonable opportunity to be heard as to the claim or right. The landlord's claim for damages. hearing shall be before the chief law enforcement officer of the

JOURNAL OF THE SENATE 67 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION (d) The value of sold forfeited property is the sale price. The (((xxi))) (xxii) Body artists, body piercers, and tattoo artists, and value of retained forfeited property is the fair market value of the body art, body piercing, and tattooing shops and businesses, under property at the time of seizure, determined when possible by chapter 18.300 RCW; and reference to an applicable commonly used index, such as the index (((xxii))) (xxiii) Appraisal management companies under used by the department of licensing for valuation of motor vehicles. chapter 18.310 RCW. A seizing agency may use, but need not use, an independent (b) The boards and commissions having authority under this qualified appraiser to determine the value of retained property. If chapter are as follows: an appraiser is used, the value of the property appraised is net of the (i) The state board ((of registration)) for architects established in cost of the appraisal. The value of destroyed property and retained chapter 18.08 RCW; firearms or illegal property is zero. (ii) The Washington state collection agency board established in (10) Upon the entry of an order of forfeiture of real property, the chapter 19.16 RCW; court shall forward a copy of the order to the assessor of the county (iii) The state board of registration for professional engineers in which the property is located. Orders for the forfeiture of real and land surveyors established in chapter 18.43 RCW governing property shall be entered by the superior court, subject to court rules. licenses issued under chapters 18.43 and 18.210 RCW; Such an order shall be filed by the seizing agency in the county (iv) The funeral and cemetery board established in chapter auditor's records in the county in which the real property is located. 18.39 RCW governing licenses issued under chapters 18.39 and NEW SECTION. Sec. 28. A new section is added to chapter 68.05 RCW; 19.290 RCW to read as follows: (v) The state board of licensure for landscape architects The provisions of this chapter shall be liberally construed to the established in chapter 18.96 RCW; and end that traffic in stolen private metal property or nonferrous metal (vi) The state geologist licensing board established in chapter property may be prevented, and irresponsible, unreliable, or 18.220 RCW. dishonest persons may be prevented from engaging in the business (3) In addition to the authority to discipline license holders, the of processing, recycling, or supplying scrap metal in this state and disciplinary authority may grant or deny licenses based on the reliable persons may be encouraged to engage in businesses of conditions and criteria established in this chapter and the chapters processing, recycling, or supplying scrap metal in this state. specified in subsection (2) of this section. This chapter also Sec. 29. RCW 18.235.020 and 2010 c 179 s 18 are each governs any investigation, hearing, or proceeding relating to denial amended to read as follows: of licensure or issuance of a license conditioned on the applicant's (1) This chapter applies only to the director and the boards and compliance with an order entered under RCW 18.235.110 by the commissions having jurisdiction in relation to the businesses and disciplinary authority. professions licensed under the chapters specified in this section. Sec. 30. RCW 43.24.150 and 2011 c 298 s 25 are each This chapter does not apply to any business or profession not amended to read as follows: licensed under the chapters specified in this section. (1) The business and professions account is created in the state (2)(a) The director has authority under this chapter in relation to treasury. All receipts from business or professional licenses, the following businesses and professions: registrations, certifications, renewals, examinations, or civil (i) Auctioneers under chapter 18.11 RCW; penalties assessed and collected by the department from the (ii) Bail bond agents and bail bond recovery agents under following chapters must be deposited into the account: chapter 18.185 RCW; (a) Chapter 18.11 RCW, auctioneers; (iii) Camping resorts' operators and salespersons under chapter (b) Chapter 18.16 RCW, cosmetologists, barbers, and 19.105 RCW; manicurists; (iv) Commercial telephone solicitors under chapter 19.158 (c) Chapter 18.145 RCW, court reporters; RCW; (d) Chapter 18.165 RCW, private investigators; (v) Cosmetologists, barbers, manicurists, and estheticians under (e) Chapter 18.170 RCW, security guards; chapter 18.16 RCW; (f) Chapter 18.185 RCW, bail bond agents; (vi) Court reporters under chapter 18.145 RCW; (g) Chapter 18.280 RCW, home inspectors; (vii) Driver training schools and instructors under chapter 46.82 (h) Chapter 19.16 RCW, collection agencies; RCW; (i) Chapter 19.31 RCW, employment agencies; (viii) Employment agencies under chapter 19.31 RCW; (j) Chapter 19.105 RCW, camping resorts; (ix) For hire vehicle operators under chapter 46.72 RCW; (k) Chapter 19.138 RCW, sellers of travel; (x) Limousines under chapter 46.72A RCW; (l) Chapter 42.44 RCW, notaries public; (xi) Notaries public under chapter 42.44 RCW; (m) Chapter 64.36 RCW, timeshares; (xii) Private investigators under chapter 18.165 RCW; (n) Chapter 67.08 RCW, boxing, martial arts, and wrestling; (xiii) Professional boxing, martial arts, and wrestling under (o) Chapter 18.300 RCW, body art, body piercing, and chapter 67.08 RCW; tattooing; (xiv) Real estate appraisers under chapter 18.140 RCW; (p) Chapter 79A.60 RCW, whitewater river outfitters; ((and)) (xv) Real estate brokers and salespersons under chapters 18.85 (q) Chapter 19.158 RCW, commercial telephone solicitation; and 18.86 RCW; and (xvi) Scrap metal processors, scrap metal recyclers, and scrap (r) Chapter 19.290 RCW, scrap metal businesses. metal suppliers under chapter 19.290 RCW; Moneys in the account may be spent only after appropriation. (xvii) Security guards under chapter 18.170 RCW; Expenditures from the account may be used only for expenses (((xvii))) (xviii) Sellers of travel under chapter 19.138 RCW; incurred in carrying out these business and professions licensing (((xviii))) (xix) Timeshares and timeshare salespersons under activities of the department. Any residue in the account must be chapter 64.36 RCW; accumulated and may not revert to the general fund at the end of the (((xix))) (xx) Whitewater river outfitters under chapter 79A.60 biennium. RCW; (2) The director must biennially prepare a budget request based (((xx))) (xxi) Home inspectors under chapter 18.280 RCW; on the anticipated costs of administering the business and

68 JOURNAL OF THE SENATE professions licensing activities listed in subsection (1) of this sections to chapter 19.290 RCW; adding a new section to chapter section, which must include the estimated income from these 36.28A RCW; adding new sections to chapter 43.43 RCW; creating business and professions fees. new sections; prescribing penalties; and providing an effective NEW SECTION. Sec. 31. A new section is added to chapter date." 43.43 RCW to read as follows: (1) Beginning on July 1, 2014, when funded, the Washington MOTION association of sheriffs and police chiefs shall implement and operate an ongoing electronic statewide no-buy list database program. On motion of Senator Padden, the rules were suspended, (2) The database must be made available on a web site. Engrossed Substitute House Bill No. 1552 as amended by the (3) The no-buy list database program shall allow for any scrap Senate was advanced to third reading, the second reading metal business to enter a customer's name and date of birth into the considered the third and the bill was placed on final passage. database. The database must determine if the customer pursuing Senators Padden, Eide and Becker spoke in favor of passage the transaction with the scrap metal business has been convicted in of the bill. Washington of any crime involving burglary, robbery, theft, or possession of or receiving stolen property within the past four years. The President declared the question before the Senate to be (4) If the customer has been convicted of any crime involving the final passage of Engrossed Substitute House Bill No. 1552 as burglary, robbery, theft, or possession of or receiving stolen amended by the Senate. property within the past four years despite whether the person was acting in his or her own behalf or as the agent of another then, at a ROLL CALL minimum, the no-buy list database program must immediately send an alert to the scrap metal business stating: (a) That the customer The Secretary called the roll on the final passage of is listed on a current no-buy list, (b) the four-year expiration period Engrossed Substitute House Bill No. 1552 as amended by the for the customer's most recent crime listed, and (c) a notification that Senate and the bill passed the Senate by the following vote: entering into a transaction with the customer is prohibited under Yeas, 46; Nays, 1; Absent, 0; Excused, 2. RCW 19.290.070. Voting yea: Senators Bailey, Baumgartner, Becker, Benton, NEW SECTION. Sec. 32. A new section is added to chapter Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, 19.290 RCW to read as follows: Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, A scrap metal business shall, before completing any transaction Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Honeyford, Keiser, under this chapter, determine whether such customer is listed in the King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Washington association of sheriffs and police chiefs no-buy list Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, database program established and made available under section 31 Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom of this act. Voting nay: Senator Holmquist Newbry NEW SECTION. Sec. 33. A new section is added to chapter Excused: Senators Carrell and Shin 43.43 RCW to read as follows: ENGROSSED SUBSTITUTE HOUSE BILL NO. 1552 as The Washington association of sheriffs and police chiefs shall amended by the Senate, having received the constitutional not be held liable for civil damages resulting from any act or majority, was declared passed. There being no objection, the title omission in carrying out the requirements of section 31 of this act of the bill was ordered to stand as the title of the act. other than an act or omission constituting gross negligence or willful or wanton misconduct. SECOND READING NEW SECTION. Sec. 34. If one million five hundred thousand dollars for the purposes of this act, referencing this act by HOUSE BILL NO. 1330, by Representatives Moeller, Harris, bill or chapter number, is not provided by June 30, 2013, in the Green, Cody, Tharinger, Pettigrew, Appleton, Springer, Roberts, omnibus appropriations act, this act is null and void. Kagi, Pollet, Moscoso and Morrell NEW SECTION. Sec. 35. Sections 12 through 23 of this act take effect January 1, 2014. Allowing dental hygienists and dental assistants to provide NEW SECTION. Sec. 36. The director of the department of certain services under the supervision of a dentist. licensing may take the necessary steps to ensure that sections 12 through 23 of this act are implemented on January 1, 2014." The measure was read the second time. Senators Padden and Kline spoke in favor of adoption of the striking amendment. MOTION

The President declared the question before the Senate to be On motion of Senator Dammeier, the rules were suspended, the adoption of the striking amendment by Senators Padden and House Bill No. 1330 was advanced to third reading, the second Kline to Engrossed Substitute House Bill No. 1552. reading considered the third and the bill was placed on final The motion by Senator Padden carried and the striking passage. amendment was adopted by voice vote. Senators Dammeier and Cleveland spoke in favor of passage of the bill. MOTION The President declared the question before the Senate to be There being no objection, the following title amendment was the final passage of House Bill No. 1330. adopted: On page 1, line 1 of the title, after "theft;" strike the remainder of ROLL CALL the title and insert "amending RCW 9A.48.100, 9A.56.030, 9A.56.040, 19.290.010, 19.290.020, 19.290.030, 19.290.040, The Secretary called the roll on the final passage of House 19.290.050, 19.290.060, 19.290.070, 19.290.090, 18.235.020, and Bill No. 1330 and the bill passed the Senate by the following 43.24.150; reenacting and amending RCW 9.94A.515; adding new vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

JOURNAL OF THE SENATE 69 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Voting yea: Senators Bailey, Baumgartner, Becker, Benton, ROLL CALL Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, The Secretary called the roll on the final passage of Substitute Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, House Bill No. 1498 and the bill passed the Senate by the Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Billig, Braun, Brown, Chase, Cleveland, Conway, Dammeier, Smith and Tom Darneille, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Excused: Senators Carrell and Shin Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, HOUSE BILL NO. 1330, having received the constitutional Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, majority, was declared passed. There being no objection, the title McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, of the bill was ordered to stand as the title of the act. Ranker, Rivers, Roach, Rolfes, Schlicher, Schoesler, Sheldon, Smith and Tom SECOND READING Excused: Senators Carrell and Shin SUBSTITUTE HOUSE BILL NO. 1498, having received the SUBSTITUTE HOUSE BILL NO. 1498, by House constitutional majority, was declared passed. There being no Committee on Environment (originally sponsored by objection, the title of the bill was ordered to stand as the title of Representatives Upthegrove, Short and Ryu) the act.

Improving reports on electronic waste collection. MOTION

The measure was read the second time. At 8:13 p.m., on motion of Senator Fain, the Senate adjourned until 9:00 a.m. Wednesday, April 17, 2013. MOTION BRAD OWEN, President of the Senate On motion of Senator Ericksen, the rules were suspended, Substitute House Bill No. 1498 was advanced to third reading, the HUNTER GOODMAN, Secretary of the Senate second reading considered the third and the bill was placed on final passage. Senators Ericksen and Ranker spoke in favor of passage of the bill.

The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1498.

70 JOURNAL OF THE SENATE

JOURNAL OF THE SENATE 71 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION 1021-S Second Reading ...... 30 Second Reading ...... 41 Third Reading Final Passage ...... 30 Third Reading Final Passage ...... 41 1270-S 1034-S Second Reading ...... 32 President Signed ...... 25 Third Reading Final Passage ...... 33 Speaker Signed ...... 25 1271-S 1035 Second Reading ...... 33 President Signed ...... 25 Third Reading Final Passage ...... 33 Speaker Signed ...... 25 1307-S 1036 President Signed...... 25 Second Reading ...... 44 Speaker Signed ...... 25 Third Reading Final Passage ...... 45 1311 1044 President Signed...... 25 Other Action ...... 25 Speaker Signed ...... 25 1056 1325-S President Signed ...... 25 President Signed...... 25 Speaker Signed ...... 25 Speaker Signed ...... 25 1109 1330 President Signed ...... 25 Second Reading ...... 68 Speaker Signed ...... 25 Third Reading Final Passage ...... 68 1112 1343-S President Signed ...... 25 President Signed...... 25 Speaker Signed ...... 25 Speaker Signed ...... 25 1113 1370-S President Signed ...... 25 Second Reading ...... 41 Speaker Signed ...... 25 Third Reading Final Passage ...... 41 1134-S 1376-S Other Action ...... 30 President Signed...... 25 1134-S2 Speaker Signed ...... 25 Other Action ...... 30, 31 1383-S Second Reading ...... 26, 31 Other Action ...... 2 Third Reading Final Passage ...... 31 Second Reading ...... 2 1144-S Third Reading Final Passage ...... 3 Second Reading ...... 40 1396 Third Reading Final Passage ...... 40 President Signed...... 25 1146 Speaker Signed ...... 25 President Signed ...... 25 1397-S Speaker Signed ...... 25 Second Reading ...... 21 1180-S Third Reading Final Passage ...... 21 Second Reading ...... 33 1422-S Third Reading Final Passage ...... 33 Second Reading ...... 21 1182 Third Reading Final Passage ...... 24 President Signed ...... 25 1432-S Speaker Signed ...... 25 Second Reading ...... 39 1200-S Third Reading Final Passage ...... 40 Other Action ...... 11 1445-S2 Second Reading ...... 5 Other Action ...... 37 Third Reading Final Passage ...... 11 Second Reading ...... 37 1203 Third Reading Final Passage ...... 38 Other Action ...... 32 1447 Second Reading ...... 32 Second Reading ...... 32 Third Reading Final Passage ...... 32 Third Reading Final Passage ...... 32 1209 1466-S President Signed ...... 25 Other Action ...... 21, 38 Speaker Signed ...... 25 Second Reading ...... 11, 20 1213 Third Reading Final Passage ...... 38 President Signed ...... 25 1469 Speaker Signed ...... 25 President Signed...... 25 1247-S Speaker Signed ...... 25 Second Reading ...... 40 1472-S Third Reading Final Passage ...... 40 Other Action ...... 3 1256-S Second Reading ...... 3 Second Reading ...... 38 Third Reading Final Passage ...... 4 Third Reading Final Passage ...... 38 1480-S 1261-S Second Reading ...... 26

72 JOURNAL OF THE SENATE Third Reading Final Passage ...... 26 1806-S 1498-S President Signed...... 25 Second Reading ...... 69 Speaker Signed ...... 25 Third Reading Final Passage ...... 69 1812-S 1499-S Second Reading ...... 21 Second Reading ...... 41 Third Reading Final Passage ...... 21 Third Reading Final Passage ...... 41 1817 1518-S2 Other Action ...... 25 President Signed ...... 25 1836-S Speaker Signed ...... 25 President Signed...... 25 1525-S Speaker Signed ...... 25 Other Action ...... 42 1860 Second Reading ...... 42 President Signed...... 25 Third Reading Final Passage ...... 43 Speaker Signed ...... 25 1533 1886-S President Signed ...... 25 President Signed...... 25 Speaker Signed ...... 25 Speaker Signed ...... 25 1534 1889-S Second Reading ...... 43 President Signed...... 25 Third Reading Final Passage ...... 43 Speaker Signed ...... 25 1537-S 1937 President Signed ...... 25 President Signed...... 25 Speaker Signed ...... 25 Speaker Signed ...... 25 1552-S 1941-S Other Action ...... 56, 68 Other Action ...... 36 Second Reading ...... 45, 56 Second Reading ...... 35 Third Reading Final Passage ...... 68 Third Reading Final Passage ...... 36 1565 5008-S President Signed ...... 25 Messages ...... 1 Speaker Signed ...... 25 President Signed...... 26 1625-S 5021-S President Signed ...... 25 Speaker Signed ...... 24 Speaker Signed ...... 25 5025 1639 Speaker Signed ...... 24 President Signed ...... 25 5030 Speaker Signed ...... 25 Messages ...... 1 1642-S2 President Signed...... 26 Other Action ...... 5 5046 Second Reading ...... 4 Speaker Signed ...... 24 Third Reading Final Passage ...... 5 5056 1647-S Messages ...... 1 President Signed ...... 25 President Signed...... 26 Speaker Signed ...... 25 5077-S 1686-S Speaker Signed ...... 24 President Signed ...... 25 5095-S Speaker Signed ...... 25 Messages ...... 1 1688-S President Signed...... 26 Other Action ...... 44 5110-S Second Reading ...... 43 Speaker Signed ...... 24 Third Reading Final Passage ...... 44 5114 1717-S Speaker Signed ...... 24 Second Reading ...... 30 5142 Third Reading Final Passage ...... 30 Speaker Signed ...... 24 1738 5149 Second Reading ...... 31 Messages ...... 1 Third Reading Final Passage ...... 31 President Signed...... 26 1764-S2 5165-S Other Action ...... 35 Speaker Signed ...... 24 Second Reading ...... 33, 34 5180-S Third Reading Final Passage ...... 35 Messages ...... 1 1770 President Signed...... 26 President Signed ...... 25 5186 Speaker Signed ...... 25 Speaker Signed ...... 24 1790 5207 President Signed ...... 25 Speaker Signed ...... 24 Speaker Signed ...... 25 5210-S

JOURNAL OF THE SENATE 73 NINETY THIRD DAY, APRIL 16, 2013 2013 REGULAR SESSION Speaker Signed ...... 24 Speaker Signed ...... 25 5212 5627 Speaker Signed ...... 24 Speaker Signed ...... 25 5235 5701 Speaker Signed ...... 24 Messages ...... 1 5258 President Signed...... 26 Messages ...... 1 5712 President Signed ...... 26 Speaker Signed ...... 25 5274-S 5751 Speaker Signed ...... 24 Speaker Signed ...... 25 5302 5770 Speaker Signed ...... 24 Messages ...... 1 5316-S President Signed...... 26 Speaker Signed ...... 24 5774-S 5332-S Speaker Signed ...... 25 Speaker Signed ...... 24 5806 5343 Messages ...... 1 Messages ...... 1 President Signed...... 26 President Signed ...... 26 5849-S 5352-S Speaker Signed ...... 25 Speaker Signed ...... 24 8655 5362-S Adopted ...... 22 Messages ...... 1 Introduced ...... 22 President Signed ...... 26 9077 Ariele Belo 5396-S Confirmed ...... 39 Messages ...... 1 9141 Joseph Meyer President Signed ...... 26 Confirmed ...... 1 5400-S 9147 Ralph Munro Speaker Signed ...... 24 Confirmed ...... 1 5444-S 9149 James Murphy Messages ...... 1 Confirmed ...... 2 President Signed ...... 26 9174 Susan Sharpe 5446 Confirmed ...... 2 Speaker Signed ...... 24 9175 Lindsey Sires 5458-S Confirmed ...... 23 Speaker Signed ...... 25 9195 Robert Whaley 5466 Confirmed ...... 24 Speaker Signed ...... 25 9199 Michael Worthy 5496 Confirmed ...... 23 Messages ...... 1 PRESIDENT OF THE SENATE President Signed ...... 26 Intro. Special Guests, Jim Whittaker ...... 22 5517-S Remarks by the President ...... 26, 30, 40 Speaker Signed ...... 25 Reply by the President ...... 20, 25 5541 Ruling by the President SHB 1422 ...... 24 Speaker Signed ...... 25 WASHINGTON STATE SENATE 5559-S Parliamentary Inquiry, Senator Hasegawa ...... 20 Messages ...... 1 Personal Privilege, Senator Benton ...... 23 President Signed ...... 26 Point of Order, Senator Hargrove ...... 21 5568-S Point of Order, Senator Roach ...... 40 Speaker Signed ...... 25 Point of Order, Senator Schoesler ...... 25 5593 Remarks by Jim Whittaker ...... 22 Messages ...... 1 Remarks by Jolene Unsoeld ...... 23 President Signed ...... 26 Reply by Senator Murray ...... 26 5624-S2