Fill and Sign the Form 1041me Income Tax Return 1809100 Sign

JOURNAL OF THE SENATE FIFTY EIGHTH DAY, MARCH 9, 2010 1 2010 REGULAR SESSION FIFTY EIGHTH DAY MORNING SESSION Senate Chamber, Olympia, Tuesday, March 9, 2010 The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Fairley, Holmquist, McCaslin, Oemig and Zarelli. The Sergeant at Arms Color Guard consisting of Pages Caroline Palmer and Gregory Petschl, presented the Colors. Mr. Adam Cooper, Legislative Assistant to Senator Kohl-Welles offered the prayer. MOTION On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved. MOTION There being no objection, the Senate advanced to the first order of business. March 8, 2010 SB 6675 Prime Sponsor, Senator Murray: Creating the Washington global health technologies and product development competitiveness program and allowing certain tax credits for program contributions. Reported by Committee on Ways & Means MAJORITY recommendation: That Second Substitute Senate Bill No. 6675 be substituted therefor, and the second substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Fairley; Hewitt; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Parlette; Pridemore; Rockefeller and Schoesler. Passed to Committee on Rules for second reading. March 8, 2010 SB 6712 Prime Sponsor, Senator Hobbs: Extending expiring tax incentives for certain clean alternative fuel vehicles, producers of certain biofuels, and federal aviation regulation part 145 certificated repair stations. Reported by Committee on Ways & Means REPORTS OF STANDING COMMITTEES March 8, 2010 SB 6364 Prime Sponsor, Senator Fraser: Concerning the capital budget. Reported by Committee on Ways & Means MAJORITY recommendation: That Substitute Senate Bill No. 6364 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller. MINORITY recommendation: Do not pass. Signed by Senators Zarelli; Hewitt; Honeyford; Pflug and Schoesler. Passed to Committee on Rules for second reading. March 8, 2010 SB 6518 Prime Sponsor, Senator Oemig: Changing school levy provisions. Reported by Committee on Ways & Means MAJORITY recommendation: That Second Substitute Senate Bill No. 6518 be substituted therefor, and the second substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pridemore; Regala and Rockefeller. MINORITY recommendation: Do not pass. Senators Zarelli; Hewitt and Honeyford. MAJORITY recommendation: That Substitute Senate Bill No. 6712 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hewitt; Hobbs; Honeyford; Keiser; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pridemore; Regala; Rockefeller and Schoesler. Passed to Committee on Rules for second reading. March 8, 2010 SB 6789 Prime Sponsor, Senator Prentice: Concerning sales and use tax exemptions for certain equipment and infrastructure contained in data centers. Reported by Committee on Ways & Means MAJORITY recommendation: That Substitute Senate Bill No. 6789 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Hewitt; Hobbs; Honeyford; Keiser; McDermott; Murray; Parlette; Pridemore and Schoesler. MINORITY recommendation: Do not pass. Signed by Senators Fraser, Vice Chair, Capital Budget Chair and Rockefeller. MINORITY recommendation: That it be referred without recommendation. Signed by Senator Fairley. Signed by MINORITY recommendation: That it be referred without recommendation. Signed by Senators Parlette; Pflug and Schoesler. Passed to Committee on Rules for second reading. Passed to Committee on Rules for second reading. March 8, 2010 SB 6855 Prime Sponsor, Senator McDermott: Exempting community centers from property taxation and imposing leasehold excise taxes on such property. Reported by Committee on Ways & Means 2 JOURNAL OF THE SENATE MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore and Rockefeller. Kohl-Welles; McDermott; Murray; Oemig; Pridemore; Regala and Rockefeller. MINORITY recommendation: That it be referred without recommendation. Signed by Senators Zarelli; Brandland; Honeyford; Parlette and Schoesler. MINORITY recommendation: That it be referred without recommendation. Signed by Senators Parlette and Schoesler. Passed to Committee on Rules for second reading. Passed to Committee on Rules for second reading. MINORITY recommendation: Senator Honeyford. Do not pass. Signed by March 8, 2010 SB 6872 Prime Sponsor, Senator Keiser: Concerning medicaid nursing facility payments. Reported by Committee on Ways & Means March 8, 2010 2SHB 2782 Prime Sponsor, Committee on Ways & Means: Concerning the security lifeline act. Reported by Committee on Ways & Means MAJORITY recommendation: That Substitute Senate Bill No. 6872 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller. MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Pridemore; Regala and Rockefeller. MINORITY recommendation: Senator Schoesler. Do not pass. Signed by MINORITY recommendation: That it be referred without recommendation. Signed by Senators Brandland; Honeyford; Parlette and Pflug. MINORITY recommendation: Do not pass. Senators Zarelli; Honeyford and Pflug. Signed by MINORITY recommendation: That it be referred without recommendation. Signed by Senators Brandland; Hewitt; Parlette and Schoesler. Passed to Committee on Rules for second reading. Passed to Committee on Rules for second reading. March 8, 2010 SB 6881 Prime Sponsor, Senator Fraser: Concerning a new surcharge on certain recorded documents for preservation of local archive documents and the Washington state heritage center. Reported by Committee on Ways & Means MAJORITY recommendation: That Substitute Senate Bill No. 6881 be substituted therefor, and the substitute bill do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Fairley; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Pridemore and Rockefeller. MINORITY recommendation: Senators Zarelli and Schoesler. Do not pass. Signed by MINORITY recommendation: That it be referred without recommendation. Signed by Senators Brandland; Hewitt and Parlette. Passed to Committee on Rules for second reading. March 8, 2010 HB 2567 Prime Sponsor, Representative Carlyle: Concerning the excise taxation of publicly owned facilities accredited by the association of zoos and aquariums. Reported by Committee on Ways & Means March 8, 2010 EHB 2969 Prime Sponsor, Representative Hudgins: Promoting efficiencies in the services provided by the office of the public printer. Reported by Committee on Ways & Means MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hewitt; Hobbs; Honeyford; Keiser; Kline; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pridemore; Rockefeller and Schoesler. Passed to Committee on Rules for second reading. March 8, 2010 ESHB 3178 Prime Sponsor, Committee on Ways & Means: Creating efficiencies in the use of technology in state government. Reported by Committee on Ways & Means MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hewitt; Hobbs; Honeyford; Kline; Kohl-Welles; McDermott; Murray; Oemig; Parlette; Pridemore; Rockefeller and Schoesler. Passed to Committee on Rules for second reading. MOTION MAJORITY recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Zarelli; Brandland; Fairley; Hewitt; Hobbs; Keiser; On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated. JOURNAL OF THE SENATE FIFTY EIGHTH DAY, MARCH 9, 2010 MOTION On motion of Senator Eide, the Senate advanced to the fourth order of business. MESSAGE FROM THE HOUSE March 8, 2010 MR. PRESIDENT: The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate: SECOND SUBSTITUTE HOUSE BILL 1761, SUBSTITUTE HOUSE BILL 2179, HOUSE BILL 2681, SECOND SUBSTITUTE HOUSE BILL 2867, ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2961, SUBSTITUTE HOUSE BILL 3016, ENGROSSED SECOND SUBSTITUTE HOUSE BILL 3026, SUBSTITUTE HOUSE BILL 3105 and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MESSAGE FROM THE HOUSE March 8, 2010 MR. PRESIDENT: The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate: HOUSE BILL 1880, SUBSTITUTE HOUSE BILL 2534, HOUSE BILL 2625, SUBSTITUTE HOUSE BILL 2680, SUBSTITUTE HOUSE BILL 2717, SUBSTITUTE HOUSE BILL 2939, ENGROSSED SUBSTITUTE HOUSE JOINT RESOLUTION 4220 and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MOTION On motion of Senator Eide, the Senate advanced to the eighth order of business. MOTION Senator Kohl-Welles moved adoption of the following resolution: SENATE RESOLUTION 8715 By Senators Kohl-Welles, Jacobsen, Kline, Keiser, Stevens, Kauffman, Franklin, Fraser, Prentice, Tom, Gordon, Regala, Fairley, Parlette, Brandland, Roach, King, Carrell, Schoesler, and Pflug WHEREAS, Participation in athletics is one of the most effective ways for girls and women in the United States to develop leadership skills, discipline, initiative, and self-confidence; and 3 2010 REGULAR SESSION WHEREAS, Sport and fitness activities contribute to girls' and women's emotional and physical well-being; and WHEREAS, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and WHEREAS, Early motor skills training and enjoyable experiences of physical activity strongly encourage enduring habits of physical fitness; and WHEREAS, By a 3 to 1 ratio, female athletes do better in school, do not drop out, and have a better chance to get through college than their peers who do not play sports; and WHEREAS, Female athletes are more likely to graduate from high school, have higher grades, and score higher on standardized tests than nonathletes; and WHEREAS, Female athletes are more likely to do well in science classes than their classmates who do not play sports; and WHEREAS, Female athletes are less likely to smoke cigarettes and use drugs than their nonathletic peers; and WHEREAS, Adolescent female athletes have lower rates of both sexual activity and pregnancy; and WHEREAS, Sports participation decreases a young woman's chance of developing heart disease, osteoporosis, and other health-related problems; and WHEREAS, Female athletes are less likely to be at risk of developing breast cancer; and WHEREAS, High school female athletes are more likely to experience higher levels of self-esteem and are less likely to suffer from depression; and WHEREAS, The bonds built among girls and women through athletics help to break down the social barriers of prejudice and discrimination; and WHEREAS, The National Girls and Women in Sports Coalition, established in 1987, declared February 3, 2010, to be National Girls and Women in Sports Day; and WHEREAS, High school girls' athletic teams in the state of Washington have achieved many accomplishments that serve as an inspiration to young women to promote the values of teamwork and cooperation; and WHEREAS, Washington high schools foster outstanding achievements in girls' and women's sports, such as volleyball, soccer, softball, golf, and basketball. These include state volleyball champions: Mead, Bishop Blanchet, Pullman, King's, Colfax, and St. John-Endicott; state soccer champions: Skyline, Columbia River, Archbishop Murphy, Seattle Academy, Orcas Island, and Tacoma Baptist; state softball champions: Kelso, Bainbridge Island, Burlington-Edison, Montesano, Adna, and Colton; state golf champions: Lewis & Clark, Holy Names, Bellingham, Royal, and Life Christian; and state basketball champions: Kentwood, Kennedy, Lynden, Seattle Christian, Colfax, and Colton; and WHEREAS, The University of Washington Women's Softball Team swept the University of Florida Gators in two games to win the National Championship in 2009; and WHEREAS, University of Washington's own Danielle Lawrie, who pitched both games, was named U.S.A. Softball Collegiate Player of the Year, Women's College World Series Most Outstanding Player, and Pac-10 Pitcher of the Year; and WHEREAS, The successes and achievements of University of Washington Volleyball players Tamari Miyashiro and Jill Collymore have qualified them to train with the U.S. National Team; and WHEREAS, University of Washington's Katie Follett won her second straight Pac-10 1,500 meter title in cross-country, making her the first UW woman to repeat as a Pac-10 Champion and the 4 JOURNAL OF THE SENATE second UW woman ever to earn three All-American honors in cross-country; and WHEREAS, Jamey Gelhar, of Saint Martin's University, made 78 consecutive free-throws in the 2009 season, setting an all-time NCAA women's record, and ultimately making 94 out of 97 free-throws, setting an all-time NCAA all-division single season record; and WHEREAS, St. Martin's Women's Basketball Team placed second among all Division II schools on the 2009 Academic Top 25 Team Honor Roll by Women's Basketball Coaches Association; and WHEREAS, Soccer player Corina Gabbert achieved Whitman's most prolific single-season scoring performance in more than two decades with 19 goals and six assists in 17 games; and WHEREAS, Basketball player Heather Bowman became the West Coast Conference and Gonzaga University's all-time leading scorer; and WHEREAS, Gonzaga University basketball player Courtney Vandersloot reached the 1,000 point milestone in the 2009 season; and WHEREAS, Gonzaga University's Women's Rowing Team achieved the first sweep in the school's history at the 2009 Championships; and WHEREAS, Seattle University's Softball Team won the 2009 National Independent Tournament; and WHEREAS, Distance runner Jessica Pixler, of Seattle Pacific University, collected her sixth, seventh, eighth, and ninth NCAA Division II championship titles, becoming the first woman at the Division II level to accomplish three straight national championships; and WHEREAS, Whitworth University ran to its highest women's cross-country finish ever at the NCAA Division III Championships; and WHEREAS, Western Washington University Women's Rowing Team won their 5th consecutive NCAA Division II national title; and WHEREAS, Everett Community College's Softball Team made their sixth consecutive appearance at the NWAACC Championship Tournament; and WHEREAS, Everett Community College's Cross-Country Team won the NWAACC 2009 championship; and WHEREAS, Olympia's own Women's Roller Derby Team, the Oly Rollers, won the 2009 Women's Flat Track Derby Association championship at the end of an undefeated season; and WHEREAS, Washington is honored to host the Seattle Storm, the only women's professional basketball team in the Northwest and the first major professional sports team in Seattle to bring home a championship in more than 25 years; and WHEREAS, Seattle Storm team members Sue Bird, Swin Cash, and Lauren Jackson were voted by fans as starters for the Western Conference at the 2009 All-Star Game; and WHEREAS, Washington State is proud to have participants at the 2010 Winter Olympic Games in Vancouver, Canada, including Nicole Joraanstad, curler from Kent, Holly Brooks, skier from Seattle, and Karen Thatcher, hockey player from Blaine; and WHEREAS, These women and many more not mentioned here are sterling examples of what is possible through equal parts of hard work, focus, and determination; NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Washington girls and women in sports on March 9, 2010, and encourage others to observe the day with appropriate ceremonies and activities; and BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Senate and all of the aforementioned athletes and their respective institutions. Senators Kohl-Welles, Benton and Roach spoke in favor of adoption of the resolution. The President declared the question before the Senate to be the adoption of Senate Resolution No. 8715. The motion by Senator Kohl-Welles carried and the resolution was adopted by voice vote. INTRODUCTION OF SPECIAL GUESTS The President welcomed and introduced representatives of women and girls involved in sports including the Oly Rollers of Olympia, the Women's Flat Track Derby Association's 2009 National Champions. The President also recognized Staff Counsel to the Senate Democratic Caucus Heather Lewis-Lechner, aka ―Connie Pinko,‖ a member of the 2009 flat track championship team. MOTION On motion of Senator Eide, the Senate advanced to the sixth order of business. SECOND READING CONFIRMATION OF GUBERNATORIAL APPOINTMENTS MOTION Senator Rockefeller moved that Gubernatorial Appointment No. 9260, Ted Sturdevant, as Director of the Department of Ecology, be confirmed. Senator Rockefeller spoke in favor of the motion. MOTION On motion of Senator Brandland, Senators Holmquist, McCaslin and Zarelli were excused. MOTION On motion of Senator Marr, Senators Brown and Fairley were excused. APPOINTMENT OF TED STURDEVANT The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9260, Ted Sturdevant as Director of the Department of Ecology. The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9260, Ted Sturdevant as Director of the Department of Ecology and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker and Tom Absent: Senator Oemig Excused: Senators Fairley, Holmquist, McCaslin and Zarelli Gubernatorial Appointment No. 9260, Ted Sturdevant, having received the constitutional majority was declared confirmed as Director of the Department of Ecology. JOURNAL OF THE SENATE FIFTY EIGHTH DAY, MARCH 9, 2010 SECOND READING CONFIRMATION OF GUBERNATORIAL APPOINTMENTS MOTION Senator Kilmer moved that Gubernatorial Appointment No. 9272, Patricia Lantz, as a member of the Parks and Recreation Commission, be confirmed. Senator Kilmer spoke in favor of the motion. MOTION On motion of Senator Marr, Senator Oemig was excused. APPOINTMENT OF PATRICIA LANTZ The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9272, Patricia Lantz as a member of the Parks and Recreation Commission. The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9272, Patricia Lantz as a member of the Parks and Recreation Commission and the appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Shin, Stevens, Swecker and Tom Voting nay: Senator Schoesler Excused: Senators Fairley, Holmquist, McCaslin, Oemig and Zarelli Gubernatorial Appointment No. 9272, Patricia Lantz, having received the constitutional majority was declared confirmed as a member of the Parks and Recreation Commission. 5 2010 REGULAR SESSION NEW SECTION. Sec. 4. A new section is added to chapter 9.94A RCW to read as follows: (1) The department shall identify the states from which it receives adult offenders who need supervision and examine the feasibility and cost of establishing memoranda of understanding with the states that send the highest number of offenders for supervision to Washington state with the goal of achieving more balanced and equitable obligations under the interstate compact for adult offender supervision. (2) At the next meeting of the interstate compact commission, Washington's representatives on the commission shall seek a resolution by the commission regarding: (a) Any inequitable distribution of costs, benefits, and obligations affecting Washington under the interstate compact; and (b) The scope of the mandatory acceptance policy and the authority of the receiving state to determine when it is no longer able to supervise an offender. (3) The department shall examine the feasibility and cost of withdrawal from the interstate compact for adult offender supervision. (4) The department shall report to the legislature no later than December 1, 2010, regarding: (a) The development of memoranda of understanding with states that send the highest numbers of offenders to Washington state for supervision; (b) The outcome of the resolution process with the interstate commission; and (c) The feasibility and cost of withdrawal from the interstate compact for adult offender supervision. NEW SECTION. Sec. 5. RCW 9.94A.745 (Interstate compact for adult offender supervision) and 2001 c 35 s 2 are each repealed. NEW SECTION. Sec. 6. Sections 3 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2010. NEW SECTION. Sec. 7. Section 5 of this act takes effect July 1, 2011." Correct the title. and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MOTION On motion of Senator Eide, the Senate reverted to the fourth order of business. MESSAGE FROM THE HOUSE February 28, 2010 MR. PRESIDENT: The House passed SUBSTITUTE SENATE BILL NO. 6548 with the following amendment(s): 6548-S AMH KELL MERE 166 , On page 2, line 35, after "Sec. 2." strike "This" and insert "Section 1 of this" On page 3, line 1, after "date of" insert "section 1 of" On page 3, after line 2, insert the following: "NEW SECTION. Sec. 3. The legislature has determined that it is necessary to examine patterns related to the exchange of out-of-state offenders needing supervision. The examination must assess the past action and behavior of other states that send offenders to the state of Washington for supervision to assure that the interstate compact for adult offender supervision operates to protect the safety of the people and communities of Washington and other individual states. MOTION Senator Hargrove moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6548 and ask the House to recede therefrom. Senators Hargrove spoke in favor of the motion. The President declared the question before the Senate to be motion by Senator Hargrove that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6548 and ask the House to recede therefrom. The motion by Senator Hargrove carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6548 and asked the House to recede therefrom by voice vote. MESSAGE FROM THE HOUSE March 3, 2010 MR. PRESIDENT: The House passed SUBSTITUTE SENATE BILL NO. 6485 with the following amendment(s): 6485-S AMH CONW ELGE 176 , On page 3, line 35, after "spirits" strike "distilled" and the same are herewith transmitted. 6 JOURNAL OF THE SENATE BARBARA BAKER, Chief Clerk MOTION Senator Marr moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6485. Senator Marr spoke in favor of the motion. The President declared the question before the Senate to be the motion by Senator Marr that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6485. The motion by Senator Marr carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6485 by voice vote. The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6485, as amended by the House. ROLL CALL The Secretary called the roll on the final passage of Substitute Senate Bill No. 6485, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli Voting nay: Senators Hargrove, Haugen and Kauffman Excused: Senators Fairley, McCaslin and Oemig SUBSTITUTE SENATE BILL NO. 6485, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. MESSAGE FROM THE HOUSE March 3, 2010 MR. PRESIDENT: The House passed SUBSTITUTE SENATE BILL NO. 6349 with the following amendment(s): 6349-S AMH ENGR H5570.E , Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 49.12 RCW to read as follows: (1) The director shall establish a farm internship pilot project until December 1, 2011, for the employment of farm interns on small farms under special certificates at wages, if any, as authorized by the department and subject to such limitations as to time, number, proportion, and length of service as provided in this section and as prescribed by the department. The pilot project shall consist of two counties, one a county consisting entirely of islands with fewer than fifty thousand residents and one a county that is bordered by the crest of the Cascade mountain range and salt waters with fewer than one hundred fifty thousand residents. (2) A small farm may employ no more than three interns per year under this section. (3) A small farm must apply for a special certificate on a form made available by the director. The application must set forth: The name of the farm and a description of the farm seeking the certificate; the type of work to be performed by a farm intern; a description of the internship program; the period of time for which the certificate is sought and the duration of an internship; the number of farm interns for which a special certificate is sought; the wages, if any, that will be paid to the farm intern; any room and board, stipends, and other remuneration the farm will provide to a farm intern; and the total number of workers employed by the farm. (4) Upon receipt of an application, the department shall review the application and issue a special certificate to the requesting farm within fifteen days if the department finds that: (a) The farm qualifies as a small farm; (b) There have been no serious violations of chapter 49.46 RCW or Title 51 RCW that provide reasonable grounds to believe that the terms of an internship agreement may not be complied with; (c) The issuance of a certificate will not create unfair competitive labor cost advantages nor have the effect of impairing or depressing wage or working standards established for experienced workers for work of a like or comparable character in the industry or occupation at which the intern is to be employed; (d) A farm intern will not displace an experienced worker; and (e) The farm demonstrates that the interns will perform work for the farm under an internship program that: (i) Provides a curriculum of learning modules and supervised participation in farm work activities designed to teach farm interns about farming practices and farm enterprises; (ii) is based on the bona fide curriculum of an educational or vocational institution; and (iii) is reasonably designed to provide the intern with vocational knowledge and skills about farming practices and enterprises. In assessing an internship program, the department may consult with relevant college and university departments and extension programs and state and local government agencies involved in the regulation or development of agriculture. (5) A special certificate issued under this section must specify the terms and conditions under which it is issued, including: The name of the farm; the duration of the special certificate allowing the employment of farm interns and the duration of an internship; the total number of interns authorized under the special certificate; the authorized wage rate, if any; and any room and board, stipends, and other remuneration the farm will provide to the farm intern. A farm worker may be paid at wages specified in the certificate only during the effective period of the certificate and for the duration of the internship. (6) If the department denies an application for a special certificate, notice of denial must be mailed to the farm. The farm listed on the application may, within fifteen days after notice of such action has been mailed, file with the director a petition for review of the denial, setting forth grounds for seeking such a review. If reasonable grounds exist, the director or the director's authorized representative may grant such a review and, to the extent deemed appropriate, afford all interested persons an opportunity to be heard on such review. (7) Before employing a farm intern, a farm must submit a statement on a form made available by the director stating that the farm understands: The requirements of the industrial welfare act, chapter 49.12 RCW, that apply to farm interns; that the farm must pay workers' compensation premiums in the assigned intern risk class and must pay workers' compensation premiums for nonintern work hours in the applicable risk class; and that if the farm does not comply with subsection (8) of this section, the director may revoke the special certificate. (8) The director may revoke a special certificate issued under this section if a farm fails to: Comply with the requirements of the industrial welfare act, chapter 49.12 RCW, that apply to farm interns; pay workers' compensation premiums in the assigned intern risk class; or pay workers' compensation premiums in the applicable risk class for nonintern work hours. JOURNAL OF THE SENATE 7 FIFTY EIGHTH DAY, MARCH 9, 2010 2010 REGULAR SESSION (9) Before the start of a farm internship, the farm and the intern she is employed; and (iii) who has been employed in agriculture less must sign a written agreement and send a copy of the agreement to than thirteen weeks during the preceding calendar year; the department. The written agreement must, at a minimum: (b) Any individual employed in casual labor in or about a (a) Describe the internship program offered by the farm, private home, unless performed in the course of the employer's including the skills and objectives the program is designed to teach trade, business, or profession; and the manner in which those skills and objectives will be taught; (c) Any individual employed in a bona fide executive, (b) Explicitly state that the intern is not entitled to minimum administrative, or professional capacity or in the capacity of outside wages for work and activities conducted pursuant to the internship salesman as those terms are defined and delimited by rules of the program for the duration of the internship; director. However, those terms shall be defined and delimited by (c) Describe the responsibilities, expectations, and obligations the director of personnel pursuant to chapter 41.06 RCW for of the intern and the farm, including the anticipated number of hours employees employed under the director of personnel's jurisdiction; of farm activities to be performed by the intern per week; (d) Any individual engaged in the activities of an educational, (d) Describe the activities of the farm and the type of work to be charitable, religious, state or local governmental body or agency, or performed by the farm intern; and nonprofit organization where the employer-employee relationship (e) Describes any wages, room and board, stipends, and other does not in fact exist or where the services are rendered to such remuneration the farm will provide to the farm intern. organizations gratuitously. If the individual receives (10) The definitions in this subsection apply throughout this reimbursement in lieu of compensation for normally incurred section unless the context clearly requires otherwise. out-of-pocket expenses or receives a nominal amount of (a) "Farm intern" means an individual who provides services to compensation per unit of voluntary service rendered, an a small farm under a written agreement and primarily as a means of employer-employee relationship is deemed not to exist for the learning about farming practices and farm enterprises. purpose of this section or for purposes of membership or (b) "Farm internship program" means an internship program qualification in any state, local government or publicly supported described under subsection (4)(e) of this section. retirement system other than that provided under chapter 41.24 (c) "Small farm" means a farm: RCW; (i) Organized as a sole proprietorship, partnership, or (e) Any individual employed full time by any state or local corporation; governmental body or agency who provides voluntary services but (ii) That reports on the applicant's schedule F of form 1040 or only with regard to the provision of the voluntary services. The other applicable form filed with the United States internal revenue voluntary services and any compensation therefor shall not affect or service annual sales less than two hundred fifty thousand dollars; add to qualification, entitlement or benefit rights under any state, and local government, or publicly supported retirement system other (iii) Where all the owners or partners of the farm provide regular than that provided under chapter 41.24 RCW; labor to and participate in the management of the farm, and own or (f) Any newspaper vendor or carrier; lease the productive assets of the farm. (g) Any carrier subject to regulation by Part 1 of the Interstate (11) The department shall monitor and evaluate the farm Commerce Act; internships authorized by this section and report to the appropriate (h) Any individual engaged in forest protection and fire committees of the legislature by December 31, 2011. The report prevention activities; shall include, but not be limited to: The number of small farms that (i) Any individual employed by any charitable institution applied for and received special certificates; the number of interns charged with child care responsibilities engaged primarily in the employed as farm interns; the nature of the educational activities development of character or citizenship or promoting health or provided to the farm interns; the wages and other remuneration paid physical fitness or providing or sponsoring recreational to farm interns; the number of and type of workers' compensation opportunities or facilities for young people or members of the armed claims for farm interns; the employment of farm interns following forces of the United States; farm internships; and other matters relevant to assessing farm (j) Any individual whose duties require that he or she reside or internships authorized in this section. sleep at the place of his or her employment or who otherwise spends Sec. 2. RCW 49.46.010 and 2002 c 354 s 231 are each a substantial portion of his or her work time subject to call, and not amended to read as follows: engaged in the performance of active duties; As used in this chapter: (k) Any resident, inmate, or patient of a state, county, or (1) "Director" means the director of labor and industries; municipal correctional, detention, treatment or rehabilitative (2) "Wage" means compensation due to an employee by reason institution; of employment, payable in legal tender of the United States or (l) Any individual who holds a public elective or appointive checks on banks convertible into cash on demand at full face value, office of the state, any county, city, town, municipal corporation or subject to such deductions, charges, or allowances as may be quasi municipal corporation, political subdivision, or any permitted by rules of the director; instrumentality thereof, or any employee of the state legislature; (3) "Employ" includes to permit to work; (m) All vessel operating crews of the Washington state ferries (4) "Employer" includes any individual, partnership, operated by the department of transportation; association, corporation, business trust, or any person or group of (n) Any individual employed as a seaman on a vessel other than persons acting directly or indirectly in the interest of an employer in an American vessel; relation to an employee; (o) Any farm intern providing his or her services to a small farm (5) "Employee" includes any individual employed by an which has a special certificate issued under section 1 of this act; employer but shall not include: (6) "Occupation" means any occupation, service, trade, (a) Any individual (i) employed as a hand harvest laborer and business, industry, or branch or group of industries or employment paid on a piece rate basis in an operation which has been, and is or class of employment in which employees are gainfully employed; generally and customarily recognized as having been, paid on a (7) "Retail or service establishment" means an establishment piece rate basis in the region of employment; (ii) who commutes seventy-five percent of whose annual dollar volume of sales of daily from his or her permanent residence to the farm on which he or 8 JOURNAL OF THE SENATE goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry. NEW SECTION. Sec. 3. A new section is added to chapter 51.16 RCW to read as follows: The department shall adopt rules to provide special workers' compensation risk class or classes for farm interns providing agricultural labor pursuant to a farm internship program. The rules must include any requirements for obtaining a special risk class that must be met by small farms. NEW SECTION. Sec. 4. A new section is added to chapter 50.04 RCW to read as follows: (1) The term "employment" shall not include service performed in agricultural labor by a farm intern providing his or her services under a farm internship program as established in section 1 of this act. (2) For purposes of this section, "agricultural labor" means: (a) Services performed on a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; (b) Services performed in packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as an incident to ordinary farming operations. The exclusions from the term "employment" provided in this subsection (2)(b) shall not be deemed to be applicable with respect to commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing or with respect to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms; or (c) Direct local sales of any agricultural or horticultural commodity after its delivery to a terminal market for distribution or consumption. NEW SECTION. Sec. 5. Appropriations made for purposes of this act must be from the state general fund. NEW SECTION. Sec. 6. This act expires December 31, 2011." Correct the title. and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MOTION Senator Ranker moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6349. Senator Ranker spoke in favor of the motion. The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6349. The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6349 by voice vote. The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6349, as amended by the House. ROLL CALL The Secretary called the roll on the final passage of Substitute Senate Bill No. 6349, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3. Voting yea: Senators Becker, Benton, Berkey, Brandland, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli Absent: Senators Brown and Pridemore Excused: Senators Fairley, McCaslin and Oemig SUBSTITUTE SENATE BILL NO. 6349, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. MESSAGE FROM THE HOUSE March 3, 2010 MR. PRESIDENT: The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6403 with the following amendment(s): 6403-S.E AMH ED H5194.2 , Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. (1) The legislature finds that by preventing one high school student from dropping out the annual savings is approximately ten thousand five hundred dollars, including lost state and local taxes and savings to the temporary assistance to needy families program, food stamps, housing assistance, the criminal justice system, and the health care system. (2) The legislature further finds that school districts need both accountability and technical assistance to improve high school graduation rates. (3) The legislature further finds that many vulnerable students fail to graduate from high school without adequate dropout prevention, intervention, and reengagement systems at the school district level. (4) The legislature further finds that school districts need the support of families, agencies, and organizations in the local community to prevent dropouts. In order to significantly improve statewide high school graduation rates, it is the intent of the legislature to facilitate the development of a collaborative infrastructure at the local, regional, and state level between systems that serve vulnerable youth. NEW SECTION. Sec. 2. A new section is added to chapter 28A.175 RCW to read as follows: The definitions in this section apply throughout sections 3 and 4 of this act unless the context clearly requires otherwise. (1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents and families, local government, law enforcement, juvenile corrections, any tribal organization in the local school district, the local health district, nonprofit and social service organizations serving youth, and faith organizations. (2) "Dropout early warning and intervention data system" means a student information system that provides the data needed to conduct a universal screening to identify students at risk of dropping out, catalog student interventions, and monitor student progress towards graduation. JOURNAL OF THE SENATE 9 FIFTY EIGHTH DAY, MARCH 9, 2010 2010 REGULAR SESSION (3) "K-12 dropout prevention, intervention, and reengagement education coordinating board;)) A statewide organization system" means a system that provides all of the following functions: representing career and technical education programs including skill (a) Engaging in school improvement planning specifically centers; ((relevant divisions of the department of social and health focused on improving high school graduation rates, including services;)) the juvenile courts or the office of juvenile justice, or goal-setting and action planning, based on a comprehensive both; the Washington association of prosecuting attorneys; the assessment of strengths and challenges; Washington state office of public defense; ((the employment (b) Providing prevention activities including, but not limited to, security department;)) accredited institutions of higher education; emotionally and physically safe school environments, the educational service districts; the area workforce development implementation of a comprehensive guidance and counseling model councils; parent and educator associations; ((the department of facilitated by certified school counselors, core academic instruction, health)) achievement gap oversight and accountability committee; and career and technical education exploratory and preparatory office of the education ombudsman; local school districts; agencies programs; or organizations that provide services to special education students; (c) Identifying vulnerable students based on a dropout early community organizations serving youth; federally recognized tribes warning and intervention data system; and urban tribal centers; each of the major political caucuses of the (d) Timely academic and nonacademic group and individual senate and house of representatives; and the minority commissions. interventions for vulnerable students based on a response to (2) To assist and enhance the work of the building bridges intervention model, including planning and sharing of information programs established in RCW ((28A.175.055)) 28A.175.025, the at critical academic transitions; state-level work group shall: (e) Providing graduation coaches, mentors, certified school (a) Identify and make recommendations to the legislature for the counselors, and/or case managers for vulnerable students identified reduction of fiscal, legal, and regulatory barriers that prevent as needing a more intensive one-on-one adult relationship; coordination of program resources across agencies at the state and (f) Establishing and providing staff to coordinate a local level; school/family/community partnership that assists in building a K-12 (b) Develop and track performance measures and benchmarks dropout prevention, intervention, and reengagement system; for each partner agency or organization across the state including (g) Providing retrieval or reentry activities; and performance measures and benchmarks based on student (h) Providing alternative educational programming including, characteristics and outcomes specified in RCW 28A.175.035(1)(e); but not limited to, credit retrieval and online learning opportunities. and (4) "School/family/community partnership" means a (c) Identify research-based and emerging best practices partnership between a school or schools, families, and the regarding prevention, intervention, and retrieval programs. community, that engages critical community members in a formal, (3)(a) The work group shall report to the quality education structured partnership with local school districts in a coordinated council, appropriate committees of the legislature, and the governor effort to provide comprehensive support services and improve on an annual basis beginning December 1, 2007, with proposed outcomes for vulnerable youth. strategies for building K-12 dropout prevention, intervention, and (5) "Vulnerable students" means students who are in foster care, reengagement systems in local communities throughout the state involved in the juvenile justice system, receiving special education including, but not limited to, recommendations for implementing services under chapter 28A.155 RCW, recent immigrants, emerging best practices, needed additional resources, and homeless, emotionally traumatized, or are facing behavioral health eliminating barriers. issues, and students deemed at-risk of school failure as identified by (b) By September 15, 2010, the work group shall report on: a dropout early warning data system or other assessment. (i) A recommended state goal and annual state targets for the NEW SECTION. Sec. 3. By September 15, 2010, the office percentage of students graduating from high school; of the superintendent of public instruction, in collaboration with the (ii) A recommended state goal and annual state targets for the work group established in RCW 28A.175.075, shall develop and percentage of youth who have dropped out of school who should be report recommendations to the quality education council and the reengaged in education and be college and work ready; legislature for the development of a comprehensive, K-12 dropout (iii) Recommended funding for supporting career guidance and reduction initiative designed to integrate multiple tiers of dropout the planning and implementation of K-12 dropout prevention, prevention, intervention, and technical assistance provided through intervention, and reengagement systems in school districts and a federal and state programs and to support a K-12 dropout plan for phasing the funding into the program of basic education, prevention, intervention, and reengagement system as defined in beginning in the 2011- 2013 biennium; and section 2 of this act. (iv) A plan for phasing in the expansion of the current school Sec. 4. RCW 28A.175.075 and 2007 c 408 s 7 are each improvement planning program to include state-funded, amended to read as follows: dropout-focused school improvement technical assistance for (1) The office of the superintendent of public instruction shall school districts in significant need of improvement regarding high establish a state-level building bridges work group that includes school graduation rates. K-12 and state agencies that work with youth who have dropped out (4) State agencies in the building bridges work group shall work or are at risk of dropping out of school. The following agencies together, wherever feasible, on the following activities to support shall appoint representatives to the work group: The office of the school/family/community partnerships engaged in building K-12 superintendent of public instruction, the workforce training and dropout prevention, intervention, and reengagement systems: education coordinating board, the department of early learning, the (a) Providing opportunities for coordination and flexibility of employment security department, the state board for community and program eligibility and funding criteria; technical colleges, the department of health, the community (b) Providing joint funding; mobilization office, and the children's services and behavioral health (c) Developing protocols and templates for model agreements and recovery divisions of the department of social and health on sharing records and data; services. The ((state- level leadership)) work group ((shall)) should (d) Providing joint professional development opportunities that also consist of one representative from each of the following provide knowledge and training on: agencies and organizations: ((The workforce training and (i) Research-based and promising practices; 10 JOURNAL OF THE SENATE (ii) The availability of programs and services for vulnerable youth; and (iii) Cultural competence. (5) The building bridges work group shall make recommendations to the governor and the legislature by December 1, 2010, on a state-level and regional infrastructure for coordinating services for vulnerable youth. Recommendations must address the following issues: (a) Whether to adopt an official conceptual approach or framework for all entities working with vulnerable youth that can support coordinated planning and evaluation; (b) The creation of a performance-based management system, including outcomes, indicators, and performance measures relating to vulnerable youth and programs serving them, including accountability for the dropout issue; (c) The development of regional and/or county-level multipartner youth consortia with a specific charge to assist school districts and local communities in building K-12 comprehensive dropout prevention, intervention, and reengagement systems; (d) The development of integrated or school-based one-stop shopping for services that would: (i) Provide individualized attention to the neediest youth and prioritized access to services for students identified by a dropout early warning and intervention data system; (ii) Establish protocols for coordinating data and services, including getting data release at time of intake and common assessment and referral processes; and (iii) Build a system of single case managers across agencies; (e) Launching a statewide media campaign on increasing the high school graduation rate; and (f) Developing a statewide database of available services for vulnerable youth. Sec. 5. RCW 28A.175.010 and 2005 c 207 s 3 are each amended to read as follows: Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction: (1) For students enrolled in each of a school district's high school programs: (a) The number of students who graduate in fewer than four years; (b) The number of students who graduate in four years; (c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate; (d) The number of students who transfer to other schools; (e) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and (f) The number of students whose status is unknown. (2) Dropout rates of students in each of the grades seven through twelve. (3) Dropout rates for student populations in each of the grades seven through twelve by: (a) Ethnicity; (b) Gender; (c) Socioeconomic status; and (d) Disability status. (4) The causes or reasons, or both, attributed to students for having dropped out of school in grades seven through twelve. (5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported. (6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment. (7) The superintendent of public instruction shall report annually to the legislature the information collected under subsections (1) through (4) of this section. (8) The Washington state institute for public policy shall calculate an annual estimate of the savings resulting from any change compared to the prior school year in the extended graduation rate. The superintendent shall include the estimate from the institute in an appendix of the report required under subsection (7) of this section, beginning with the 2010 report." Correct the title. and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MOTION Senator McAuliffe moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6403. Senator McAuliffe spoke in favor of the motion. The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6403. The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6403 by voice vote. MOTION On motion of Senator Marr, Senators Brown and Pridemore were excused. The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6403, as amended by the House. ROLL CALL The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6403, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli Excused: Senators Fairley, McCaslin and Oemig ENGROSSED SUBSTITUTE SENATE BILL NO. 6403, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. JOURNAL OF THE SENATE 11 2010 REGULAR SESSION likely to result in serious emotional or physical damage to the child" and the same are herewith transmitted. FIFTY EIGHTH DAY, MARCH 9, 2010 MESSAGE FROM THE HOUSE March 2, 2010 BARBARA BAKER, Chief Clerk MR. PRESIDENT: The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6468 with the following amendment(s): 6468-S.E AMH SHOR KENB 062 On page 8, line 3, after ―frequency,‖ insert ―the project costs, and‖ and the same are herewith transmitted. BARBARA BAKER, Chief Clerk MOTION Senator Kauffman moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6468. Senator Kauffman spoke in favor of the motion. The President declared the question before the Senate to be the motion by Senator Kauffman that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6468. The motion by Senator Kauffman carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6468 by voice vote. The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6468, as amended by the House. ROLL CALL The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6468, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli Excused: Senators Fairley and McCaslin ENGROSSED SUBSTITUTE SENATE BILL NO. 6468, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. MESSAGE FROM THE HOUSE March 3, 2010 MR. PRESIDENT: The House passed SUBSTITUTE SENATE BILL NO. 6470 with the following amendment(s): 6470-S AMH PEDE TANG 126 On page 5, beginning on line 25, after "relationship" strike all material through "child" on line 31 and insert "of an Indian child as defined in 25 U.S.C. Sec. 1903, no termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is MOTION Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6470. Senator Hargrove spoke in favor of the motion. The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6470. The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6470 by voice vote. The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6470, as amended by the House. ROLL CALL The Secretary called the roll on the final passage of Substitute Senate Bill No. 6470, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2. Voting yea: Senators Becker, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Franklin, Fraser, Gordon, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli Excused: Senators Fairley and McCaslin SUBSTITUTE SENATE BILL NO. 6470, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act. MESSAGE FROM THE HOUSE March 3, 2010 MR. PRESIDENT: The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6476 with the following amendment(s): 6476-S.E AMH WAYS H5481.1 Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 13.32A.030 and 2000 c 123 s 2 are each amended to read as follows: As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise: (1) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section. (2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee. (3) "At-risk youth" means a juvenile: 12 JOURNAL OF THE SENATE (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent; (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse. (4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years. (5) "Child in need of services" means a juvenile: (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person; (b) Who has been reported to law enforcemen