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EIGHTY-SEVENTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, April 7, 1993
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Drew, Hochstatter, Loveland, Moyer, Niemi, Owen, Pelz, Rinehart, Linda Smith, Williams and Wojahn. On motion of Senator Spanel, Senators Drew, Loveland, Niemi, Owen, Pelz, Rinehart, Williams and Wojahn were excused. On motion of Senator Oke, Senators Amondson, Hochstatter, Moyer and Linda Smith were excused.
The Sergeant at Arms Color Guard, consisting of Pages Derek Sciba and Justin Tanner, presented the Colors. Reverend William Riker, pastor of St. Benedict's Episcopal Church of Lacey, offered the prayer.
MOTION
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
April 6, 1993
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5067,
SENATE BILL NO. 5070,
SENATE BILL NO. 5126,
SENATE BILL NO. 5128,
SENATE BILL NO. 5265,
SUBSTITUTE SENATE BILL NO. 5802,
SENATE JOINT MEMORIAL NO. 8017, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5067,
SENATE BILL NO. 5070,
SENATE BILL NO. 5126,
SENATE BILL NO. 5128,
SENATE BILL NO. 5265,
SUBSTITUTE SENATE BILL NO. 5802,
SENATE JOINT MEMORIAL NO. 8017.
INTRODUCTION AND FIRST READING
SB 5973 by Senators Gaspard and Rinehart (by request of Office of Financial Management)
AN ACT Relating to voter registration tapes for political parties; amending RCW 29.04.150 and 29.04.160; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
SB 5974 by Senators Skratek, Niemi and M. Rasmussen
AN ACT Relating to preparing and distributing information by school districts; and amending RCW 28A.320.090.
Referred to Committee on Law and Justice.
SCR 8407 by Senators Owen and Erwin
Studying open pit metallic ore mining.
Referred to Committee on Natural Resources.
INTRODUCTION OF SPECIAL GUESTS
The President introduced the following members of the Washington National Guard who were seated on the rostrum: SSG Rickey Gately, who was selected at the Washington Noncommissioned Officer of the Year for the National Guard; SPC David Hodel, Reserve Solider of the Year for the Western United States (6th Army area); and Sergeant Nina Swanson, from the Drug Demand Reduction Program, who was recognized for her contribution to the state drug education program.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9156, Lois M. Curtis, as a member of the Puget Sound Water Quality Authority, was confirmed.
APPOINTMENT OF LOIS M. CURTIS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 37.
Excused: Senators Amondson, Drew, Hochstatter, Loveland, Moyer, Niemi, Owen, Pelz, Rinehart, Smith, L., Williams and Wojahn - 12.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9162, James R. Fox, as a member of the Interagency Committee for Outdoor Recreation, was confirmed.
APPOINTMENT OF JAMES R. FOX
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 41.
Excused: Senators Hochstatter, Loveland, Moyer, Niemi, Owen, Smith, L., Williams and Wojahn - 8.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9219, Larry Phillips, as a member of the Puget Sound Water Quality Authority, was confirmed.
APPOINTMENT OF LARRY PHILLIPS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 40.
Absent: Senator Rinehart - 1.
Excused: Senators Hochstatter, Loveland, Moyer, Niemi, Owen, Smith, L., Williams and Wojahn - 8.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9250, Michael R. Thorp, as a member of the Puget Sound Water Quality Authority, was confirmed.
APPOINTMENT OF MICHAEL R. THORP
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 40.
Absent: Senator Barr - 1.
Excused: Senators Hochstatter, Loveland, Moyer, Niemi, Owen, Smith, L., Williams and Wojahn - 8.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1662, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Wineberry, Shin, Forner, Sheldon, Wang, Riley, Ogden, Silver, Valle, Jones, Holm, Basich, Rayburn, Jacobsen, Kremen, Cooke and J. Kohl) (by request of Department of Trade and Economic Development)
Reauthorizing the community economic revitalization board.
The bill was read the second time.
MOTIONS
On motion of Senator Jesernig, the following Committee on Trade, Technology and Economic Development amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.160.020 and 1992 c 21 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Bond" means any bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the board pursuant to this chapter.
(3) "Department" means the department of trade and economic development or its successor with respect to the powers granted by this chapter.
(4) "Financial institution" means any bank, savings and loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution approved by the board and maintaining an office in the state.
(5) "Industrial development facilities" means "industrial development facilities" as defined in RCW 39.84.020.
(6) "Industrial development revenue bonds" means tax-exempt revenue bonds used to fund industrial development facilities.
(7) "Local government" or "political subdivision" means any port district, county, city, ((or)) town, or special utility district.
(8) "Sponsor" means any of the following entities which customarily provide service or otherwise aid in industrial or other financing and are approved as a sponsor by the board: A bank, trust company, savings bank, investment bank, national banking association, savings and loan association, building and loan association, credit union, insurance company, or any other financial institution, governmental agency, or holding company of any entity specified in this subsection.
(9) "Umbrella bonds" means industrial development revenue bonds from which the proceeds are loaned, transferred, or otherwise made available to two or more users under this chapter.
(10) "User" means one or more persons acting as lessee, purchaser, mortgagor, or borrower under a financing document and receiving or applying to receive revenues from bonds issued under this chapter.
(11) "Timber impact area" means:
(a) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average; or
(b) Additional communities as the economic recovery coordinating board, established in RCW 43.31.631, designates based on a finding by the board that each designated community is socially and economically integrated with areas that meet the definition of a timber impact area under (a) of this subsection.
Sec. 2. RCW 43.160.030 and 1987 c 422 s 2 are each amended to read as follows:
(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.
(2) The board shall consist of the chairman of and one minority member appointed by the speaker of the house of representatives from the committee on ((trade and economic development)) trade, economic development, and housing of the house of representatives, the chairman of and one minority member appointed by the president of the senate from the committee on ((commerce and labor of the senate, or the equivalent standing committees)) trade, technology, and economic development of the senate, and the following members appointed by the governor: A recognized private or public sector economist; one port district official; one county official; one city official; one representative of the public; one representative of small businesses each from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and west of the Cascade range, (c) the area east of the Cascade range and west of the Columbia river, and (d) the area east of the Columbia river; one executive from large businesses each from the area west of the Cascades and the area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for one-year terms, three members for two-year terms, and three members for three-year terms which shall include the chair. Thereafter each succeeding term shall be for three years. The chair of the board shall be selected by the governor ((and should be a member of the governor's council of economic advisors)). The members of the board shall elect one of their members to serve as vice-chair. The director of trade and economic development, the director of community development, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the board.
(3) Staff support shall be provided by the department of trade and economic development to assist the board in implementing this chapter and the allocation of private activity bonds.
(4) All appointive members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall fill the same for the unexpired term. Any members of the board, appointive or otherwise, may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW.
Sec. 3. RCW 43.160.035 and 1987 c 422 s 3 are each amended to read as follows:
Each member of the house of representatives who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member of the trade ((and)), economic development, and housing committee of the house of representatives to take his or her place on the board for meetings at which the member will be absent. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member of the ((commerce and labor)) trade, technology, and economic development committee of the senate to take his or her place on the board for meetings at which the member will be absent. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each agency head of an executive agency who is appointed to serve as a nonvoting advisory member of the community economic revitalization board under RCW 43.160.030 may designate an agency employee to take his or her place on the board for meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers.
Sec. 4. RCW 43.160.060 and 1990 1st ex.s. c 17 s 73 are each amended to read as follows:
The board is authorized to make direct loans to political subdivisions of the state and federally recognized Indian tribes for the purposes of assisting the political subdivisions in financing the cost of public facilities, including development of land and improvements for public facilities, as well as the ((acquisition,)) construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision or tribe.
Application for funds shall be made in the form and manner as the board may prescribe. In making grants or loans the board shall conform to the following requirements:
(1) The board shall not make a grant or loan:
(a) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.
(b) For any project that evidence exists would result in a development or expansion that would displace existing jobs in any other community in the state.
(c) For the acquisition of real property, including buildings and other fixtures which are a part of real property.
(2) The board shall only make grants or loans:
(a) For those projects which would result in specific private developments or expansions (i) in manufacturing, production, food processing, assembly, warehousing, and industrial distribution; (ii) for processing recyclable materials or for facilities that support recycling, including processes not currently provided in the state, including but not limited to, de-inking facilities, mixed waste paper, plastics, yard waste, and problem-waste processing; (iii) for manufacturing facilities that rely significantly on recyclable materials, including but not limited to waste tires and mixed waste paper; (iv) which support the relocation of businesses from nondistressed urban areas to distressed rural areas; or (v) which substantially support the trading of goods or services outside of the state's borders.
(b) For projects which it finds will improve the opportunities for the successful maintenance, establishment, or expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic opportunities.
(c) When the application includes convincing evidence that a specific private development or expansion is ready to occur and will occur only if the grant or loan is made.
(3) The board shall prioritize each proposed project according to the relative benefits provided to the community by the jobs the project would create, not just the total number of jobs it would create after the project is completed and according to the unemployment rate in the area in which the jobs would be located. As long as there is more demand for loans or grants than there are funds available for loans or grants, the board is instructed to fund projects in order of their priority.
(4) A responsible official of the political subdivision or tribe shall be present during board deliberations and provide information that the board requests.
Before any loan or grant application is approved, the political subdivision or tribe seeking the loan or grant must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board.
Sec. 5. RCW 43.160.074 and 1985 c 433 s 5 are each amended to read as follows:
(1) An application to the board from a political subdivision or federally recognized Indian tribe may also include a request for improvements to an existing state highway or highways. The application is subject to all of the applicable criteria relative to qualifying types of development set forth in this chapter, as well as procedures and criteria established by the board.
(2) Before board consideration of an application from a political subdivision or federally recognized Indian tribe that includes a request for improvements to an existing state highway or highways, the application shall be forwarded by the board to the transportation commission.
(3) The board may not make its final determination on any application made under subsection (1) of this section before receiving approval, as submitted or amended or disapproval from the transportation commission as specified in RCW 47.01.280. Notwithstanding its disposition of the remainder of any such application, the board may not approve a request for improvements to an existing state highway or highways without the approval as submitted or amended of the transportation commission as specified in RCW 47.01.280.
(4) The board shall notify the transportation commission of its decision regarding any application made under this section.
Sec. 6. RCW 43.160.076 and 1991 c 314 s 24 are each amended to read as follows:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for loans and grants in a biennium, the board shall spend at least fifty percent for grants and loans for projects in distressed counties or timber impact areas. For purposes of this section, the term "distressed counties" includes any county, in which the average level of unemployment for the three years before the year in which an application for a loan or grant is filed, exceeds the average state employment for those years by twenty percent.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties or timber impact areas are clearly insufficient to use up the fifty percent allocation, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for loans and grants for projects not located in distressed counties or timber impact areas.
Sec. 7. RCW 43.160.077 and 1989 c 431 s 63 are each amended to read as follows:
(1) ((Before)) When the board ((consideration of)) receives an application from a political subdivision or federally recognized Indian tribe that includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, a copy of the application shall be ((forwarded)) sent by the board to the department of ecology.
(2) ((The department of ecology shall submit a recommendation on all applications related to processing recyclable materials to the board for their consideration.
(3) Upon receiving an application for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials from the board, the department of ecology shall, within thirty days, determine whether or not the proposed assistance:
(a) Has a significant impact on the residential and commercial waste stream;
(b) Results in a product that has a ready market;
(c) Does not jeopardize any other planned market development projects; and
(d) Results in a product that would otherwise be purchased out-of-state.
(4) Upon completion of its determination of the factors contained in subsection (3) of this section and any other factors it deems pertinent, the department of ecology shall forward its recommended approval, as submitted or amended, or recommended disapproval of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and feasibility of the proposed market development. If the department of ecology recommends disapproval of any proposed project, it shall specify its reasons for recommending disapproval.
(5))) The board shall notify the department of ecology of its decision regarding any application made under this section.
Sec. 8. RCW 43.160.200 and 1991 c 314 s 23 are each amended to read as follows:
(1) The economic development account is created within the public facilities construction loan revolving fund under RCW 43.160.080. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 43.160.010(4) and this section. The account is subject to allotment procedures under chapter 43.88 RCW.
(2) Applications under this section for assistance from the economic development account are subject to all of the applicable criteria set forth under this chapter, as well as procedures and criteria established by the board, except as otherwise provided.
(3) Eligible applicants under this section are limited to political subdivisions and federally recognized Indian tribes of the state in timber impact areas that demonstrate, to the satisfaction of the board, the local economy's dependence on the forest products industry.
(4) Applicants must demonstrate that their request is part of an economic development plan consistent with applicable state planning requirements. Applicants must demonstrate that tourism projects have been approved by the local government ((and are part of a regional tourism plan approved by the local and regional tourism organizations)). Industrial projects must be approved by the local government and the associate development organization.
(5) Publicly owned projects may be financed under this section upon proof by the applicant that the public project is a necessary component of, or constitutes in whole, a tourism project.
(6) Applications must demonstrate local match and participation. Such match may include: Land donation, other public or private funds or both, or other means of local commitment to the project.
(7) Board financing for feasibility studies shall not exceed twenty-five thousand dollars per study. Board funds for feasibility studies may be provided as a grant and require a dollar for dollar match with up to one-half in-kind match allowed.
(8) Board financing for tourism projects shall not exceed two hundred fifty thousand dollars. Other public facility projects under this section shall not exceed five hundred thousand dollars. Loans with flexible terms and conditions to meet the needs of the applicants shall be provided. Grants may also be authorized, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision or tribe.
(9) The board shall develop guidelines for allowable local match and feasibility studies.
(10) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.
(11) The board shall establish guidelines for making grants and loans under this section to ensure that the requirements of this chapter are complied with. The guidelines shall include:
(a) A process to equitably compare and evaluate applications from competing communities.
(b) Criteria to ensure that approved projects will have a high probability of success and are likely to provide long-term economic benefits to the community. The criteria shall include: (i) A minimum amount of local participation, determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the project is feasible using standard economic principles; and (iii) an explanation from the applicant regarding how the project is consistent with the communities' economic strategy and goals.
(c) A method of evaluating the impact of the loans or grants on the economy of the community and whether the loans or grants achieved their purpose.
Sec. 9. RCW 43.160.900 and 1987 c 422 s 10 are each amended to read as follows:
((The community economic revitalization board and its powers and duties shall be terminated on June 30, 1993, and shall be subject to the procedures required by chapter 43.131 RCW. This chapter expires June 30, 1994. Any remaining duties of the community economic revitalization board after June 30, 1993, regarding repayment of loans made by the community economic revitalization board are transferred to the department of revenue on June 30, 1993)) The community economic revitalization board shall report to the appropriate standing committees of the legislature biennially on the implementation of this chapter. The report shall include information on the number of applications for community economic revitalization board assistance, the number and types of projects approved, the grant or loan amount awarded each project, the projected number of jobs created or retained by each project, the actual number of jobs created or retained by each project, the number of delinquent loans, and the number of project terminations. The report may also include additional performance measures and recommendations for programmatic changes. The first report shall be submitted by December 1, 1994.
Sec. 10. RCW 42.17.310 and 1992 c 139 s 5 and 1992 c 71 s 12 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (((a))) (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (((b))) (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under *RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.
(p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapter 43.163 RCW and chapters 43.31, 43.63A, 43.160, and 43.168 RCW.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(x) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(y) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(z) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(aa) Financial and valuable trade information under RCW 51.36.120.
(bb) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.
(cc) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(dd) Business related information protected from public inspection and copying under RCW 15.86.110.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 11. 1991 c 314 s 32 (uncodified) is amended to read as follows:
RCW 43.160.076 and 1991 c 314 s 24 & 1985 c 446 s 6 are each repealed effective June 30, ((1993)) 1995.
Sec. 12. 1991 c 314 s 34 (uncodified) is amended to read as follows:
((Section 25 of this act)) RCW 43.160.210 shall take effect July 1, ((1993)) 1995.
NEW SECTION. Sec. 13. Section 9 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Jesernig, the following title amendment was adopted:
On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.160.020, 43.160.030, 43.160.035, 43.160.074, 43.160.060, 43.160.076, 43.160.077, 43.160.200, and 43.160.900; amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 34 (uncodified); reenacting and amending RCW 42.17.310; and declaring an emergency."
MOTION
On motion of Senator Jesernig, the rules were suspended, Engrossed Substitute House Bill No. 1662, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Nelson: "Senator Skratek, I think, perhaps it would be something that the body should know more about with respect to now allowing the CERB to extend loans to federally recognized Indian Tribes for assistance of financing of public facilities including development of land and improvements for public facilities. I am wondering to what extent--that is something beyond what would be given to cities and counties."
Senator Skratek: "Senator Nelson, I appreciate your asking this particular question. As CERB currently is richened, the money can only be provided to political subdivisions of the state. As we all know, Indian Tribes are not political subdivisions of the state, of themselves, government or sovereign nations, so the very language that is currently used within CERB would prohibit Indian Tribes from applying and being eligible for these particular opportunities. We have revised the bill in order to recognize the fact that our federal government has, for a very long time, recognized that they are governments in and of themselves and not political subdivisions of the state and that is the primary reason for the change."
Senator Nelson: "Well, Senator Skratek, I guess I am going to specifically ask whether or not there would then be the opportunity to extend loans to the Tulalip Indian Tribes in Snohomish County for the proposed solid waste facility that they are intending to build along with the other types of utility activities that they are intending to get into."
Senator Skratek: "They would be eligible for the loans as would any political subdivision of the state. They would have to follow the criteria established within the program and if, indeed, they met those criteria, they would be able to obtain that particular opportunity as would any political subdivision of the state. This is simply recognizing the fact that they are not a political subdivision of the state, but are in and of themselves a sovereign nation."
Senator Nelson: "Well, I want to point out to the body that when you extend these types of loans to a federally recognized Indian Tribe, the one thing you lose in the process is the return of tax revenues. We have a situation here where we find, in many cases across the state of Washington, because of the sovereign nation status that the Indian Tribes, essentially, are now getting into businesses that are out of reach by our own Department of Revenue for the purposes of taxation.
"I am finding some difficulty in seeing the rationale behind our extending state tax dollar loans to the federally recognized tribes that, in turn, are going to compete with private business and the cities and counties providing the same types of public facilities. I'm not satisfied with the answer that I am getting here and this is something that Senator Vognild and I are very cognizant about in what the Tulalips are planning to do in providing a solid waste facility to treat the solid waste from a number of counties in the northwest region of our state in burning and, in effect, getting away with a lot of things that our cities and counties cannot do, but where the Indian Tribes are allowed to participate and not be under the jurisdiction of our own entities like the Puget Sound Air Pollution Control Board. I am still wondering how the committee arrived at what it is you have done here without taking into consideration any of the other down-side risks."
Senator Skratek: "With permission of the body, I yield to the person who brought the issue forward to the committee. Senator Williams."
REMARKS BY SENATOR WILLIAMS
Senator Williams: "Thank you, Mr. President. The purpose of adding the tribes to the recipient entities for CERB funds was that they, like other forms of government in the state of Washington, have the same problems of infrastructure of streets, sewers--all of those sorts of things. They are a significant portion of our population and particularly in the timber counties where there are infrastructure problems and so forth.
"You also have to remember that it is the CERB board that makes the judgment on where these funds go and what projects they go to, so it seemed very appropriate to allow these funds to help fund a variety of similar needs that tribes have, as do other entities of government in the state of Washington. That was the purpose of it."
POINT OF INQUIRY
Senator Anderson: "Senator Skratek, also coming out of your committee was there a bill that then authorized the CERB money--I think in timber dependent communities--to be used for buildings, as well as infrastructure?"
Senator Skratek: "I believe there was, Senator."
Senator Anderson: "Would that, then, allow in timber dependent communities, if there were federally recognized tribes there, would the money for them also, then, allow buildings besides just infrastructure?"
Senator Skratek: "Again, they would have to meet the criteria of the program, so I would have to--not knowing the details of what you are talking about, Senator--I would simply have to indicate that they would have to follow all the requirements and if, indeed, they meet them, they would be eligible for funding as would any political subdivision of the state."
Senator Anderson: "Let me follow this through--so the members of the body--and relate my concern here. In Whatcom County, in my area, there is a little town of Deming, which is incorporated, is classified as a timber dependent area. Also, within Deming is the Nooksack Indian Tribe which is currently building a gambling casino. My concern now is that with the tie of this CERB money being allowed for the tribes, would the other bill allowing buildings to be built with CERB money, that now in a strange twist, we could have CERB money building Indian gambling casinos? Until we follow through on that whole scenario, I would be very hesitate to pass this particular bill."
MOTION
On motion of Senator Jesernig, further consideration of Engrossed Substitute House Bill No. 1662, as amended by the Senate, was deferred.
MOTION
At 9:42 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:40 a.m. by President Pritchard.
SECOND READING
HOUSE BILL NO. 1324, by Representatives Cothern, Wood, G. Cole, Horn, Wang, Brumsickle, Ogden, Miller, Leonard, Brough, J. Kohl, Ludwig, Dellwo, Kremen, Basich, Jones, Chappell, Shin, Johanson, Rayburn and Mielke
Providing property tax exemptions for charitable fund-raising organizations.
The bill was read the second time.
MOTION
On motion of Senator Spanel, the rules were suspended, House Bill No. 1324 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1324.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1324 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Wojahn - 45.
Voting nay: Senators Anderson and Pelz - 2.
Absent: Senator Winsley - 1.
Excused: Senator Smith, L. - 1.
HOUSE BILL NO. 1324, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1325, by House Committee on Local Government (originally sponsored by Representatives Bray, Edmondson, Orr, H. Myers, Long and Springer)
Giving local governments the option to acquire services or goods under arrangements by state agencies.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The department, in consultation with associations of local governments, shall develop a proposal to offer contracts for air service fares to local government employees at the best available rates. In developing the proposal, the elements to be considered include, but are not limited to:
(1) Guidelines for predicting and reporting the volume, frequency, and destinations of air travel requirements of local government employees;
(2) A cost-effective system for aggregating bookings, accounting, and payments for local employee air travel;
(3) The most appropriate means for preparing invitations to bid, that will offer the greatest possible opportunity for local governments to take advantage of bulk rates in a manner that will avoid delay in putting the contracts into place;
(4) Establishment of an ongoing clearinghouse of favorable rates, schedules, and destinations that can be made readily available to local government managers in planning air travel for their employees; and
(5) Any other services that will assist local governments in planning air travel on essential public business.
The results of the consultation and progress on the proposal shall be reported to the senate committee on government operations and the house of representatives committee on local government by December 15, 1993."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "agencies;" strike the remainder of the title and insert "and creating a new section."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1325, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1325, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1325, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 47.
Absent: Senator Williams - 1.
Excused: Senator Smith, L. - 1.
SUBSTITUTE HOUSE BILL NO. 1325, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1226, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Dellwo, Anderson and Mielke)
Concerning amounts of credit life insurance and credit disability insurance that consumer loan companies may make in connection with open-end loans.
The bill was read the second time.
MOTIONS
On motion of Senator Moore, the following Committee on Labor and Commerce amendments were considered simultaneously and were adopted:
On page 3, line 19, after "in" strike "this"
On page 3, line 19, after "subsection" insert "(2) of this section"
On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1226, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1226, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1226, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senators Prentice and Vognild - 2.
Excused: Senator Smith, L. - 1.
SUBSTITUTE HOUSE BILL NO. 1226, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Spanel, Senator Vognild was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1973, by House Committee on Appropriations (originally sponsored by Representatives Quall, Linville, Locke, Sheldon, L. Johnson, Cothern, Basich, Kessler, Holm and J. Kohl)
Allowing people to take early retirement who filed late applications.
The bill was read the second time.
MOTION
On motion of Senator Spanel, the rules were suspended, Substitute House Bill No. 1973 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1973.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1973 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Smith, L. and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1973, 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.
MOTION
At 12:01 p.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:04 p.m. by President Pritchard.
MOTIONS
On motion of Senator Oke, Senators Amondson, Barr, McCaslin, Prince and Sellar were excused.
On motion of Senator Spanel, Senators Hargrove, Loveland, Moore, Pelz, Rinehart and Williams were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Skratek, Gubernatorial Appointment No. 9121, Mike Fitzgerald, as Director of the Department of Trade and Economic Development was confirmed.
Senators Skratek and Bluechel spoke to the confirmation of Mike Fitzgerald as Director of the Department of Trade and Economic Development.
APPOINTMENT OF MIKE FITZGERALD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 37.
Excused: Senators Amondson, Barr, Hargrove, Loveland, McCaslin, Moore, Pelz, Prince, Rinehart, Sellar, Smith, L. and Williams - 12.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
April 6, 1993
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5302,
SUBSTITUTE SENATE BILL NO. 5368,
ENGROSSED SENATE BILL NO. 5378,
SENATE BILL NO. 5384,
SENATE BILL NO. 5426,
ENGROSSED SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5778, and the same are herewith transmitted.
MARILYN SHOWALTER, Deputy Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5302,
SUBSTITUTE SENATE BILL NO. 5368,
ENGROSSED SENATE BILL NO. 5378,
SENATE BILL NO. 5384,
SENATE BILL NO. 5426,
ENGROSSED SENATE BILL NO. 5442,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5778.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4015, by House Committee on State Government (originally sponsored by Representatives Veloria, Wineberry, Leonard, Johanson, Wang, Chandler, Miller, Wood, Shin, Quall, Rayburn, J. Kohl, Kessler, Dyer and Anderson)
Requesting the Philippines to keep its consulate open.
The joint memorial was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Joint Memorial No. 4015 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Joint Memorial No. 4015.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Joint Memorial No. 4015 and the joint memorial passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 41.
Excused: Senators Amondson, Barr, Hargrove, Loveland, Pelz, Sellar, Smith, L. and Williams - 8.
ENGROSSED SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4015, having received the constitutional majority, was declared passed.
SECOND READING
ENGROSSED HOUSE BILL NO. 2061, by Representatives Chappell and King
Changing hunter education provisions.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed House Bill No. 2061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2061.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2061 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 41.
Voting nay: Senator Anderson - 1.
Excused: Senators Amondson, Barr, Hargrove, Pelz, Sellar, Smith, L. and Williams - 7.
ENGROSSED HOUSE BILL NO. 2061, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1119, by House Committee on State Government (originally sponsored by Representatives Fuhrman, G. Fisher, King, Van Luven, Anderson, Foreman, Reams, G. Cole, Lisk, Jones, Sheldon, Wang, Sheahan, Kremen, Quall, Riley, Appelwick, Leonard, Valle, Chandler, Ballard, Schmidt, Chappell, Basich, Morton, Heavey, Rust, Silver, Carlson, Padden, Vance, Mielke, Wood, Brumsickle, Tate, Forner, Cooke, Long, Rayburn, Zellinsky, Brown, Brough, Franklin, J. Kohl, Edmondson, Springer, Holm, R. Fisher, Horn, Talcott, Shin, Romero, Karahalios, Kessler, Johanson and Miller)
Prohibiting state agencies from accepting advertising from unregistered sellers.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1119 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Winsley: "Senator Haugen, if this bill passes would it apply to ads that the Department of Wildlife has already accepted for the fall hunting bulletin for 1993?"
Senator Haugen: "Thank you, Senator Winsley, that is not our intent. Our committee counsel and the department's assistant AG were specifically asked that question. Any advertisements accepted by the department before the effective date of this bill would not be affected by the legislation. If this bill passes, the effective date would be ninety days after the session. It is not retroactive."
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1119.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1119 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Bluechel, Cantu, McCaslin and Pelz - 4.
Excused: Senators Amondson, Barr, Hargrove, Sellar and Smith, L. - 5.
SUBSTITUTE HOUSE BILL NO. 1119, 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.
SECOND READING
HOUSE BILL NO. 1984, by Representatives R. Fisher, Schmidt, Zellinsky, R. Meyers, Orr and Van Luven
Revising pilotage law.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following Committee on Transportation amendments were considered simultaneously and were adopted:
On page 2, line 18, after "representative." insert "The office of marine safety administrator, or the administrator's designee, and the environmental organization representative shall be nonvoting members of the board of pilotage commissioners."
On page 2, line 24, after "meeting." insert "With the exception of the office of marine safety administrator, or the administrator's designee, and the environmental organization representative,"
On page 2, line 24, after "meeting." strike "All" and insert "((All)) all"
On motion of Senator Vognild, the following Committee on Transportation amendment was adopted:
On page 8, line 27, after "experience." insert "Successful performance in, and completion of, such a training program shall be a condition of obtaining the
esired pilot's license."
MOTIONS
On motion of Senator Vognild, the following amendment was adopted:
On page 9, after line 27, insert:
"NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Vognild, the following title amendment was adopted:
On page 1, line 1 of the title, strike "and" and on line 2, after "88.16.110" insert "; and declaring an emergency"
MOTION
On motion of Senator Vognild, the rules were suspended, House Bill No. 1984, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1984, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1984, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, Sellar and Smith, L. - 3.
HOUSE BILL NO. 1984, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1075, by Representatives Padden, Appelwick, Ludwig and Johanson
Updating references in probate and trust law to the Internal Revenue Code.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1075 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1075.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1075 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, Sellar and Smith, L. - 3.
HOUSE BILL NO. 1075, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500, by House Committee on Health Care (originally sponsored by Representatives R. Johnson, Dyer, L. Johnson and Mastin)
Modifying hearing aid regulatory authority.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.35.010 and 1991 c 3 s 80 are each amended to read as follows:
As used in this chapter, unless the context requires otherwise:
(1) "Department" means the department of health.
(2) "((Council)) Board" means the ((council)) board on fitting and dispensing of hearing aids.
(3) "Hearing aid" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords and ear molds.
(4) "Fitting and dispensing of hearing aids" means the sale, lease, or rental or attempted sale, lease, or rental of hearing aids together with the selection and adaptation of hearing aids and the use of those tests and procedures essential to the performance of these functions. It includes the taking of impressions for ear molds for these purposes.
(5) "Secretary" means the secretary of health.
(6) "Establishment" means any facility engaged in the fitting and dispensing of hearing aids.
Sec. 2. RCW 18.35.050 and 1989 c 198 s 3 are each amended to read as follows:
Except as otherwise provided in this chapter an applicant for license shall appear at a time and place and before such persons as the department may designate to be examined by written and practical tests. The department shall give an examination in May and November of each year. The examination shall be reviewed annually by the ((council)) board and the department, and revised as necessary. No examination of any established association may be used as the exclusive replacement for the examination unless approved ((and developed)) by the ((council)) board.
Sec. 3. RCW 18.35.060 and 1991 c 3 s 82 are each amended to read as follows:
(1) The department shall issue a trainee license to any applicant who has shown to the satisfaction of the department that:
(a) The applicant is at least eighteen years of age;
(b) If issued a trainee license, would be employed and directly supervised in the fitting and dispensing of hearing aids by a person licensed in good standing as a fitter-dispenser for at least one year unless otherwise approved by the ((council)) board; and
(c) Has paid an application fee determined by the secretary as provided in RCW 43.70.250, to the department.
The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a trainee license. Pursuant to the provisions of this section, a person issued a trainee license may engage in the fitting and dispensing of hearing aids without having first passed the examination provided under this chapter.
(2) The trainee license shall contain the name of the person licensed under this chapter who is employing and supervising the trainee and that person shall execute an acknowledgment of responsibility for all acts of the trainee in connection with the fitting and dispensing of hearing aids.
(3) A trainee may fit and dispense hearing aids, but only if the trainee is under the direct supervision of a person licensed under this chapter in a capacity other than as a trainee. Direct supervision by a licensed fitter-dispenser shall be required whenever the trainee is engaged in the fitting or dispensing of hearing aids during the trainee's first three months of full-time employment. The ((council)) board shall develop and adopt guidelines on any additional supervision or training it deems necessary.
(4) The trainee license shall expire one year from the date of its issuance except that on recommendation of the ((council)) board the license may be reissued for one additional year only.
(5) No person licensed under this chapter may assume the responsibility for more than two trainees at any one time, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees.
Sec. 4. RCW 18.35.110 and 1987 c 150 s 22 are each amended to read as follows:
In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed under this chapter may be subject to disciplinary action by the ((council)) board for any of the following causes:
(1) For unethical conduct in dealing in hearing aids. Unethical conduct shall include, but not be limited to:
(a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive;
(b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing aid;
(c) Advertising a particular model, type, or kind of hearing aid for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or on the basis of information furnished by the prospective hearing aid user prior to fitting and dispensing a hearing aid to any such prospective hearing aid user, failing to advise that prospective hearing aid user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician:
(A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum;
(B) History of, or active drainage from the ear within the previous ninety days;
(C) History of sudden or rapidly progressive hearing loss within the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration;
(G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the ((department)) board may by rule establish. It is a violation of this subsection for any licensee or that licensee's employees and putative agents upon making such required referral for medical opinion to in any manner whatsoever disparage or discourage a prospective hearing aid user from seeking such medical opinion prior to the fitting and dispensing of a hearing aid. No such referral for medical opinion need be made by any licensee in the instance of replacement only of a hearing aid which has been lost or damaged beyond repair within six months of the date of purchase. The licensee or the licensee's employees or putative agents shall obtain a signed statement from the hearing aid user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user's best health interest: PROVIDED, That the licensee shall maintain a copy of either the physician's statement showing that the prospective hearing aid user has had a medical evaluation or the statement waiving medical evaluation, for a period of three years after the purchaser's receipt of a hearing aid. Nothing in this section required to be performed by a licensee shall mean that the licensee is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state;
(ii) Fitting and dispensing a hearing aid to any person under eighteen years of age who has not been examined and cleared for hearing aid use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the licensee shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department;
(iii) Fitting and dispensing a hearing aid to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master's degree in audiology, except in cases of hearing aids replaced within six months of their purchase;
(f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathy and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic profession when such use is not accurate;
(g) Permitting another to use his or her license;
(h) Stating or implying that the use of any hearing aid will restore normal hearing, preserve hearing, prevent or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing aid;
(i) Representing or implying that a hearing aid is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or
(j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the licensee, or to influence any person to refrain from dealing in the products of competitors.
(2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020 ((as now or hereafter amended)).
(3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.
Sec. 5. RCW 18.35.140 and 1983 c 39 s 11 are each amended to read as follows:
The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:
(1) ((To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for license.)) To provide facilities necessary to carry out the examination of applicants for license.
(2) To authorize all disbursements necessary to carry out the provisions of this chapter.
(3) To require the periodic examination of the audiometric testing equipment and to carry out the periodic inspection of facilities of persons who deal in hearing aids, as reasonably required within the discretion of the department.
Sec. 6. RCW 18.35.150 and 1989 c 198 s 7 are each amended to read as follows:
(1) There is created hereby the ((council)) board on fitting and dispensing of hearing aids. The ((council)) board shall consist of ((nine)) seven members to be appointed by the governor.
(2) Members of the ((council)) board shall be residents of this state. ((Five)) Two members shall represent the public. Two members shall be persons experienced in the fitting of hearing aids who shall hold valid licenses under this chapter and who do not have a masters level college degree in audiology. One advisory nonvoting member shall be a medical ((doctor)) or osteopathic physician specializing in diseases of the ear. ((One member shall be a nondispensing audiologist. Two members shall represent the public.)) Two members must be experienced in the fitting of hearing aids, must be licensed under this chapter, and shall have received at a minimum a masters level college degree in audiology.
(3) The term of office of a member is three years. No member shall be appointed to serve more than two consecutive terms. A member shall continue to serve until a successor has been appointed. The governor shall either reappoint the member or appoint a successor to assume the member's duties at the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.
(4) The ((chairman)) chair of the ((council)) board shall be elected from the membership of the ((council)) board at the beginning of each year. In event of a tie, the issue shall be brought to a second vote and the chair shall refrain from voting.
(5) The ((council)) board shall meet at least once each year, at a place, day and hour determined by the ((council)) board, unless otherwise directed by a majority of ((council)) board members. The ((council)) board shall also meet at such other times and places as are requested by the department or by three members of the ((council)) board.
(6) Members of the ((council)) board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 7. RCW 18.35.161 and 1987 c 150 s 23 are each amended to read as follows:
The ((council)) board shall have the following powers and duties:
(1) To establish by rule such minimum standards and procedures in the fitting and dispensing of hearing aids as deemed appropriate and in the public interest;
(2) To develop guidelines on the training and supervision of trainees;
(3) To adopt any other rules ((or regulations)) necessary to implement this chapter and which are not inconsistent with it;
(4) To develop, approve, and administer all licensing examinations required by this chapter; and
(5) To require a licensee to make restitution to any individual injured by a violation of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not limit the ((council's)) board's authority to take other action deemed appropriate and provided for in this chapter or chapter 18.130 RCW.
Sec. 8. RCW 18.35.170 and 1973 1st ex.s. c 106 s 17 are each amended to read as follows:
A member of the ((council)) board on fitting and dispensing of hearing aids shall not be permitted to take the examination provided under this chapter unless he or she has first satisfied the department that adequate precautions have been taken to assure that he or she does not and will not have any knowledge, not available to the members of the public at large, as to the contents of the examination.
Sec. 9. RCW 18.35.185 and 1989 c 198 s 12 are each amended to read as follows:
(1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing aid shall have the right to rescind the transaction for other than the ((seller's)) licensee's breach if:
(a) The purchaser, for reasonable cause, returns the hearing aid or holds it at the ((seller's)) licensee's disposal, if the hearing aid is in its original condition less normal wear and tear. "Reasonable cause" shall be defined by the ((council)) board but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser about wearing a hearing aid; and
(b) The purchaser sends notice of the cancellation ((to the licensee at the licensee's place of business)) by certified mail, return receipt requested, to the establishment employing the licensee at the time the hearing aid was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the ((seller)) licensee may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing aid is in the possession of the ((seller)) licensee or the ((seller's)) licensee's representative during the thirty days following the date of delivery, the deadline for posting the notice of rescission shall be extended by an equal number of days that the aid is in the possession of the ((seller)) licensee or the ((seller's)) licensee's representative. Where the hearing aid is returned to the ((seller)) licensee for any inspection for modification or repair, and the ((seller)) licensee has notified the purchaser that the hearing aid is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing aid or instructing the ((seller)) licensee to forward it to the purchaser, then the deadline for giving notice of the recision shall begin seven working days after this notice.
(2) If the transaction is rescinded under this section or as otherwise provided by law and the hearing aid is returned to the licensee, the licensee shall refund to the purchaser any payments or deposits for that hearing aid. However, the licensee may retain, for each hearing aid, fifteen percent of the total purchase price or one hundred dollars, whichever is less. The licensee shall also return any goods traded in contemplation of the sale, less any costs incurred by the licensee in making those goods ready for resale. The refund shall be made within ten days after the rescission. The buyer shall incur no additional liability for such rescission.
(3) For the purposes of this section, the purchaser shall have recourse against the bond held by the establishment entering into a purchase agreement with the buyer, as provided by RCW 18.35.240.
Sec. 10. RCW 18.35.220 and 1987 c 150 s 25 are each amended to read as follows:
(1) If the ((council)) board determines following notice and hearing, or following notice if no hearing was timely requested, that a person has:
(a) Violated any provisions of this chapter or chapter 18.130 RCW; or
(b) Violated any lawful order, or rule of the ((council)) board
an order may be issued by the ((council)) board requiring the person to cease and desist from the unlawful practice. The ((council)) board shall then take affirmative action as is necessary to carry out the purposes of this chapter.
(2) If the ((council)) board makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, a temporary cease and desist order may be issued. Prior to issuing a temporary cease and desist order, the ((council)) board, whenever possible, shall give notice by telephone or otherwise of the proposal to issue a temporary cease and desist order to the person to whom the order would be directed. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether the order becomes permanent.
(3) The department, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, or rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted and a receiver or conservator may be appointed. The department shall not be required to post a bond in any court proceedings.
Sec. 11. RCW 18.35.240 and 1991 c 3 s 85 are each amended to read as follows:
(1) Every establishment engaged in the fitting and dispensing of hearing aids shall file with the department a surety bond in the sum of ten thousand dollars, running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the establishment's employees or agents of any of the provisions of this chapter or rules adopted by the secretary.
(2) In lieu of the surety bond required by this section, the establishment may file with the department a cash deposit or other negotiable security acceptable to the department. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.
(3) If a cash deposit is filed, the department shall deposit the funds with the state treasurer. The cash or other negotiable security deposited with the department shall be returned to the depositor one year after the establishment has discontinued the fitting and dispensing of hearing aids if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold or has discontinued the fitting and dispensing of hearing aids in order that the cash deposit or other security may be released at the end of one year from that date.
(4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.
(5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.
(6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.
(7) Each invoice for the purchase of a hearing aid provided to a customer must clearly display on the first page the bond number of the establishment or the licensee selling the hearing aid.
NEW SECTION. Sec. 12. A new section is added to chapter 18.35 RCW to read as follows:
(1) A person licensed under this chapter and not actively fitting and dispensing hearing aids may be placed on inactive status by the department at the written request of the licensee. The board shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the licensing fee for a licensee on inactive status shall be directly related to the costs of administering an inactive license by the department. A person on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the licensing fee for the licensing year, and complying with subsection (2) of this section.
(2) Inactive licensees applying for active licensure shall comply with the following: A licensee who has not fitted or dispensed hearing aids for more than five years from the expiration of the licensee's full fee license shall retake the practical examinations required under this chapter and shall have completed continuing education requirements within the previous twelve-month period. Persons who have been on inactive status from two to five years must have within the previous twelve months completed continuing education requirements. Persons who have been on inactive status for one year or less shall upon application be reinstated as active licensees. Persons who have inactive status in this state but who are actively licensed and in good standing in any other state shall not be required to meet continuing education requirements or to take the practical examinations, but must submit an affidavit attesting to their knowledge of the current Washington Administrative Code rules and Revised Code of Washington statutes pertaining to the fitting and dispensing of hearing aids."
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "aids;" strike the remainder of the title and insert "amending RCW 18.35.010, 18.35.050, 18.35.060, 18.35.110, 18.35.140, 18.35.150, 18.35.161, 18.35.170, 18.35.185, 18.35.220, and 18.35.240; and adding a new section to chapter 18.35 RCW."
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute House Bill No. 1500, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1500, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1500, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, Sellar and Smith, L. - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1500, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1555, by House Committee on Local Government (originally sponsored by Representatives Springer, Riley, Edmondson, Zellinsky, Horn, Sheldon, Kremen, Bray, Ludwig and Quall)
Concerning the use of funds by a public corporation formed by a municipality.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1555 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1555.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1555 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senator McCaslin - 1.
Excused: Senators Amondson and Smith, L. - 2.
SUBSTITUTE HOUSE BILL NO. 1555, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259, by House Committee on Judiciary (originally sponsored by Representatives Locke, Appelwick, J. Kohl, Wang, Reams, Veloria, Johanson, L. Johnson, Flemming and Pruitt)
Allowing for the destruction of forfeited firearms.
The bill was read the second time.
MOTIONS
Senator Adam Smith moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.41.098 and 1989 c 222 s 8 are each amended to read as follows:
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniform controlled substances act, chapter 69.50 RCW;
(d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance;
(e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;
(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniformed controlled substances act, chapter 69.50 RCW.
(2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess. ((All firearms legal for citizen possession that are judicially forfeited or forfeited due to failure to make a claim under RCW 63.32.010, 63.40.010, or 63.35.020 shall be submitted for auction to commercial sellers once a year if the submitting agency has accumulated at least ten firearms authorized for sale. Law enforcement agencies may conduct joint auctions for the purpose of maximizing efficiency. A maximum of ten percent of such firearms may be retained for use by local law enforcement agencies and the Washington state patrol. Before submission for auction, a court may temporarily retain forfeited firearms if needed for evidence. The proceeds from any sale shall be divided as follows: The local jurisdiction and the Washington state patrol shall retain its costs, including actual costs of storage and sale, and shall forward the remainder to the state department of wildlife for use in its firearms training program pursuant to RCW 77.32.155.
If a firearm is delivered to a law enforcement agency and the agency no longer requires use of the firearm, the agency shall dispose of the firearm by auction as provided by this subsection. The public auctioning agency shall, as a minimum, maintain a record of all forfeited firearms by manufacturer, model, caliber, serial number, date and circumstances of forfeiture, and final disposition. The records shall be open to public inspection and copying.)) A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding the effective date of this act; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to commercial sellers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.
(c) Antique firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers.
(d) Firearms in the possession of the Washington state patrol on or after the effective date of this act that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to commercial sellers. The Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Adam Smith, the following amendment to the Committee on Law and Justice amendment was adopted:
On page 3, line 6 of the amendment, after "1993" insert ", and applies only if the law enforcement agency has complied with (b) of this subsection"
MOTION
Senator Wojahn moved that the following amendments by Senators Wojahn, Franklin, Winsley, Moyer and Rinehart to the Committee on Law and Justice amendment be considered simultaneously and be adopted:
On page 3, beginning on line 27 of the amendment, after "fees to the" strike "firearms range account established in RCW 77.12.720" and insert "public safety and education account established in RCW 43.08.250, for the purpose of crime victims' compensation
On page 3, beginning on line 31 of the amendment, after "forwarded to the" strike "firearms range account established in RCW 77.12.720" and insert "public safety and education account established in RCW 43.08.250, for the purpose of crime victims' compensation"
Debate ensued.
Senator Wojahn demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Wojahn, Franklin, Winsley, Moyer and Rinehart on page 3, beginning on line 27, and page 3, beginning on line 31, to the Committee on Law and Justice striking amendment to Engrossed Substitute House Bill No. 1259.
ROLL CALL
The Secretary called the roll and the amendments to the committee amendment were not adopted by the following vote: Yeas, 16; Nays, 31; Absent, 0; Excused, 2.
Voting yea: Senators Franklin, Fraser, Haugen, McCaslin, Moore, Moyer, Niemi, Prentice, Rasmussen, M., Rinehart, Spanel, Talmadge, Vognild, Williams, Winsley and Wojahn - 16.
Voting nay: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Nelson, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Sutherland, von Reichbauer and West - 31.
Excused: Senators Amondson and Smith, L. - 2.
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1259.
The Committee on Law and Justice striking amendment, as amended, to Engrossed Substitute House Bill No. 1259 was adopted by voice vote.
MOTIONS
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "firearms;" strike the remainder of the title and insert "amending RCW 9.41.098; and declaring an emergency."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1259, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1259, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1259, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Barr and Roach - 2.
Excused: Senator Smith, L. - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1259, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1672, by House Committee on Human Services (originally sponsored by Representatives Wineberry, J. Kohl, Wood, Anderson, Sheldon, Veloria, Scott, Jones, Ludwig, Brough and Foreman)
Creating the eye care for the homeless program in Washington.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute House Bill No. 1672 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1672.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1672 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Smith, L. - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1672, 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.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Mielke, Peery, Kessler, Dyer, R. Johnson, Jones, R. Meyers, Jacobsen and Kremen)
Providing for security of automated teller machines and night depositories.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 1849 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1849.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1849 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Excused: Senator Smith, L. - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1849, 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.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1258, by House Committee on Agriculture and Rural Development (originally sponsored by Representative Rayburn)
Modifying water rights claims provision.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1258 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1258.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1258 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Rasmussen, M., Sellar, Sheldon, Snyder, Sutherland, Vognild, von Reichbauer, West and Winsley - 33.
Voting nay: Senators Franklin, Hargrove, Moore, Niemi, Pelz, Prentice, Quigley, Rinehart, Roach, Skratek, Smith, A., Spanel, Talmadge, Williams and Wojahn - 15.
Excused: Senator Smith, L. - 1.
SUBSTITUTE HOUSE BILL NO. 1258, 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.
MOTION
At 2:36 p.m., on motion of Senator Jesernig, the Senate adjourned until 10:00 a.m., Thursday, April 8, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate