(1) The legislature hereby declares that carrying out the purposes of federal grants or programs is both a public purpose and an appropriate function for ((such)) a city, town, county, or public corporation. The provisions of RCW 35.21.730 through 35.21.755 and RCW 35.21.660 and 35.21.670 and the enabling authority herein conferred to implement these provisions shall be construed to accomplish the purposes of RCW 35.21.730 through 35.21.755.

      (2) All cities, towns ((and)), counties, and public corporations shall have the power and authority to enter into agreements with the United States or any agency or department thereof, or any agency of the state government or its political subdivisions, and pursuant to such agreements may receive and expend, or cause to be received and expended by a custodian or trustee, federal or private funds for any lawful public purpose. Pursuant to any such agreement, a city, town, county, or public corporation may issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise secured by funds or other instruments provided by or through the federal government or by the federal government or an agency or instrumentality thereof under section 108 of the housing and community development act of 1974 (42 U.S.C. Sec. 5308), as amended, or its successor, and may agree to repay and reimburse for any liability thereon any guarantor of any such bonds, notes, or other evidences of indebtedness issued by such jurisdiction or public corporation, or issued by any other public entity. For purposes of this subsection federal housing mortgage insurance shall not constitute a federal guarantee or security.

      (3) A city, town, county, or public corporation may pledge, as security for any such bonds, notes, or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor thereof, its right, title, and interest in and to any or all of the following: (a) Any federal grants or payments received or that may be received in the future; (b) any of the following that may be obtained directly or indirectly from the use of any federal or private funds received as authorized in this section: (i) Property and interests therein, and (ii) revenues; (c) any payments received or owing from any person resulting from the lending of any federal or private funds received as authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any securities or investments in which (a), (b), or (c) of this subsection or proceeds thereof may be invested; (e) any interest or other earnings on (a), (b), (c), or (d) of this subsection.

      (4) A city, town, county, or public corporation may establish one or more special funds relating to any or all of the sources listed in subsection (3)(a) through (e) of this section and pay or cause to be paid from such fund the principal, interest, premium if any, and other amounts payable on any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or cause to be paid any amounts owing on any obligations for repayment or reimbursement of guarantors of any such bonds, notes, or other evidences of indebtedness. A city, town, county, or public corporation may contract with a financial institution either to act as trustee or custodian to receive, administer, and expend any federal or private funds, or to collect, administer, and make payments from any special fund as authorized under this section, or both, and to perform other duties and functions in connection with the transactions authorized under this section. If the bonds, notes, or other evidences of indebtedness and related agreements comply with subsection (6) of this section, then any such funds held by any such trustee or custodian, or by a public corporation, shall not constitute public moneys or funds of any city, town, or county and at all times shall be kept segregated and set apart from other funds.

      (5) For purposes of this section, "lawful public purpose" includes, without limitation, any use of funds, including loans thereof to public or private parties, authorized by the agreements with the United States or any department or agency thereof under which federal or private funds are obtained, or authorized under the federal laws and regulations pertinent to such agreements.

      (6) If any such federal or private funds are loaned or granted to any private party or used to guarantee any obligations of any private party, then any bonds, notes, other evidences of indebtedness issued or entered into for the purpose of receiving or causing the receipt of such federal or private funds, and any agreements to repay or reimburse guarantors, shall not be obligations of any city, town, or county and shall be payable only from a special fund as authorized in this section or from any of the security pledged pursuant to the authority of this section, or both. Any bonds, notes, or other evidences of indebtedness to which this subsection applies shall contain a recital to the effect that they are not obligations of the city, town, or county or the state of Washington and that neither the faith and credit nor the taxing power of the state or any municipal corporation or subdivision of the state or any agency of any of the foregoing, is pledged to the payment of principal, interest, or premium, if any, thereon. Any bonds, notes, other evidences of indebtedness, or other obligations to which this subsection applies shall not be included in any computation for purposes of limitations on indebtedness. To the extent expressly agreed in writing by a city, town, county, or public corporation, this subsection shall not apply to bonds, notes, or other evidences of indebtedness issued for, or obligations incurred for, the necessary support of the poor and infirm by that city, town, county, or public corporation.

      (7) Any bonds, notes, or other evidences of indebtedness issued by, or reimbursement obligations incurred by, a city, town, county, or public corporation consistent with the provisions of this section but prior to the effective date of this section, and any loans or pledges made by a city, town, or county in connection therewith substantially consistent with the provisions of this section but prior to the effective date of this section, are deemed authorized and shall not be held void, voidable, or invalid due to any lack of authority under the laws of this state.

      NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 4. The authority granted by this act is additional and supplemental to any other authority of any city, town, county, or public corporation. Nothing in this act may be construed to imply that any of the power or authority granted hereby was not available to any city, town, county, or public corporation under prior law. Any previous actions consistent with the provisions of this act are ratified and confirmed.

      NEW SECTION. Sec. 5. 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 Winsley, the following title amendment was adopted:

      On page 1, line 2 of the title, after "governments;" strike the remainder of the title and insert "amending RCW 35.21.735; creating new sections; and declaring an emergency."

MOTION

      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1517, 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. 1517, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1517, 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, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hargrove and Moyer - 3.

      SUBSTITUTE HOUSE BILL NO. 1517, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1246, by House Committee on Transportation (originally sponsored by Representatives Kremen, Goldsmith, Mastin, Kessler, Van Luven, Dyer, Sheldon, Hymes, Quall, Basich, Morris, Chandler, Backlund, Talcott and Sheahan)

Regulating private school buses.

      The bill was read the second time.

MOTION

      On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1246 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. 1246.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1246 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hargrove and Moyer - 3.

      SUBSTITUTE HOUSE BILL NO. 1246, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1088, by Representatives Hatfield, Ballasiotes, Kessler, Poulsen, Sheldon, Schoesler, Brumsickle, Blanton, Campbell, Pennington, Costa, Sherstad and Benton

Clarifying the definition of "sex offense".

      The bill was read the second time.

MOTIONS

      On motion of Senator Long, the following amendments by Senators Long and Hargrove were considered simultaneously and were adopted:

      On page 8, line 2, after "9.94A.127" insert "or 13.40.135"

      On page 15, after line 6, insert the following:

      "Sec. 5. RCW 13.40.150 and 1992 c 205 s 109 are each amended to read as follows:

      (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.

      (2) For purposes of disposition:

      (a) Violations which are current offenses count as misdemeanors;

      (b) Violations may not count as part of the offender's criminal history;

      (c) In no event may a disposition for a violation include confinement.

      (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

      (a) Consider the facts supporting the allegations of criminal conduct by the respondent;

      (b) Consider information and arguments offered by parties and their counsel;

      (c) Consider any predisposition reports;

      (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;

      (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;

      (f) Determine the amount of restitution owing to the victim, if any;

      (g) Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;

      (h) Consider whether or not any of the following mitigating factors exist:

      (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;

      (ii) The respondent acted under strong and immediate provocation;

      (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;

      (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and

      (v) There has been at least one year between the respondent's current offense and any prior criminal offense;

      (i) Consider whether or not any of the following aggravating factors exist:

      (i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;

      (ii) The offense was committed in an especially heinous, cruel, or depraved manner;

      (iii) The victim or victims were particularly vulnerable;

      (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;

      (v) The current offense included a finding of sexual motivation pursuant to RCW ((9.94A.127)) 13.40.135;

      (vi) The respondent was the leader of a criminal enterprise involving several persons; and

      (vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.

      (4) The following factors may not be considered in determining the punishment to be imposed:

      (a) The sex of the respondent;

      (b) The race or color of the respondent or the respondent's family;

      (c) The creed or religion of the respondent or the respondent's family;

      (d) The economic or social class of the respondent or the respondent's family; and

      (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

      (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community."

      On motion of Senator Snyder, the following title amendment was adopted:

      On page 1, line 2 of the title, after "9A.44.130," strike "and 9A.44.140" and insert "9A.44.140, and 13.40.150"

MOTION

      On motion of Senator Smith, the rules were suspended, House Bill No. 1088, 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 House Bill No. 1088, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1088, 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, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hargrove and Moyer - 3.

      HOUSE BILL NO. 1088, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1186, by Representatives Appelwick and Padden

Concerning social security benefits.

      The bill was read the second time.

MOTIONS

      On motion of Senator Smith, the following Committee on Law and Justice amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 26.18.190 and 1990 1st ex.s. c 2 s 17 are each amended to read as follows:

      (1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of the injured worker for whom the injured worker owes a duty of child support, the amount of compensation the department or self-insurer pays on behalf of the child or children shall be treated for all purposes as if the injured worker paid the compensation toward satisfaction of the injured worker's child support obligations.

      (2) When the social security administration pays social security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of ((the)) a disabled person, a retired person, or a deceased person, the amount of ((compensation)) benefits paid for the child or children shall be treated for all purposes as if the disabled person, the retired person, or the deceased person paid the ((compensation)) benefits toward the satisfaction of ((the disabled)) that person's child support obligation for that period for which benefits are paid.

      (3) Under no circumstances shall the person who has the obligation to make the transfer payment have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section."

      On motion of Senator Smith, the following title amendment was adopted:

      On page 1, line 1 of the title, after "benefits;" strike the remainder of the title and insert "and amending RCW 26.18.190."

MOTION

      On motion of Senator Smith, the rules were suspended, House Bill No. 1186, 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. 1186, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1186, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Absent: Senator Bauer - 1.

      Excused: Senators Anderson, C., Hargrove and Moyer - 3.

      HOUSE BILL NO. 1186, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE CONCURRENT RESOLUTION NO. 8400, by Senators Haugen, Winsley, Owen, C. Anderson and Oke

Creating the Joint Select Committee on Veterans and Military Personnel Affairs.

      The concurrent resolution was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

      The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8400.

      SENATE CONCURRENT RESOLUTION NO. 8400 was adopted by voice vote.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1427, by Committee on Health Care (originally sponsored by Representatives Dyer, Dellwo, Backlund, Thibaudeau and Skinner)

Modifying provisions for emergency medical service professionals.

      The bill was read the second time.

MOTION

      On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 1427 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. 1427.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1427 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Hargrove and Moyer - 3.

      SUBSTITUTE HOUSE BILL NO. 1427, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 9:54 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 11:05 a.m. by President Pritchard.

MOTIONS

      On motion of Senator Wood, Senator Cantu was excused.

      On motion of Senator Loveland, Senator Rinehart was excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

      On motion of Senator Palmer, Gubernatorial Appointment No. 9015, Donna DeJarnatt, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.

      Senators Palmer and Snyder spoke to the confirmation of Donna DeJarnatt as a member of the Board of Trustees for Lower Columbia community College.

APPOINTMENT OF DONNA DeJARNATT

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

      Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.

      Absent: Senators Anderson, A., McDonald and Sellar - 3.

      Excused: Senators Anderson, C., Cantu, Moyer and Rinehart - 4.

MOTIONS

      On motion of Senator Oke, Senators Ann Anderson, McDonald and Sellar were excused.

SECOND READING

      HOUSE BILL NO. 1702, by Representatives Horn, Romero, Cole, Carlson, Cody, Cooke, Rust, Poulsen, Veloria, Mitchell, Reams, Jacobsen, Fuhrman and Costa

Regulating wheelchair warranties.

      The bill was read the second time.

MOTION

      On motion of Senator Pelz, the rules were suspended, House Bill No. 1702 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. 1702.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1702 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Excused: Senators Anderson, A., Anderson, C., McDonald, Moyer and Sellar - 5.

      HOUSE BILL NO. 1702, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1706, by Representatives Koster, Chandler, Johnson, McMorris, Honeyford, Mastin, Boldt, Clements, Benton, McMahan, Smith, Kremen and Robertson

Extending the dairy inspection program assessment.

      The bill was read the second time.

MOTION

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1706 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. 1706.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1706 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1706, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1453, by House Committee on Appropriations (originally sponsored by Representatives Foreman, Ogden, Chappell, Costa, Dickerson, Schoesler, Stevens and Radcliff)

Providing for reserve officers' retirement.

      The bill was read the second time.

MOTION

      On motion of Senator Sheldon, the rules were suspended, Substitute House Bill No. 1453 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 Deccio: "Senator Sheldon, I haven't read the bill, but if they serve without pay, what would be the basis of the pension?"

      Senator Sheldon: "Pardon me, I'm looking frantically through the bill, Senator. You are asking about the basis of, I think it is paid into the Volunteer Firefighter's Program and currently it is thirty dollars--paid by the community and thirty by the firefighter. That has being changed, so that the community can pay the whole thing. I think it would be on the same basis as the Volunteer Firefighter's Program currently is, exactly the same."

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1453.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1453 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      SUBSTITUTE HOUSE BILL NO. 1453, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1157, by Representatives Van Luven and Sheldon (by request of Department of Revenue)

Modifying sales and use tax exemptions regarding motor vehicles and trailers used for transporting persons or property for hire.

      The bill was read the second time.

MOTION

      On motion of Senator Rinehart, the rules were suspended, House Bill No. 1157 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. 1157.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1157 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1157, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1086, by Representatives Hickel and Appelwick (by request of Law Revision Commission)

Revising provisions relating to personal property liens and security interests.

      The bill was read the second time.

MOTION

      On motion of Senator Smith, the rules were suspended, House Bill No. 1086 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. 1086.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1086 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1086, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1188, by Representatives L. Thomas, Dyer, Grant, Benton, Campbell, Costa, Pelesky, Huff and Mielke

Concerning the loan security ratio.

      The bill was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1188 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. 1188.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1188 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1188, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1687, by Representatives Lambert, Costa, Padden, Appelwick, Fuhrman, Grant, Sheahan, Tokuda, Chappell, Thibaudeau, Veloria, Morris, Hickel, Huff, Patterson and Mastin

Providing for distribution of appropriations for court-appointed special advocate programs.

      The bill was read the second time.

MOTION

      On motion of Senator Fairley, the rules were suspended, House Bill No. 1687 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. 1687.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1687 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1687, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1285, by Representatives L. Thomas, Dellwo, Mielke, Benton, Huff, Wolfe, Campbell, Costa, Pelesky, Dyer, Kessler, Smith and Beeksma

Allowing persons that provide the insurance commissioner with surplus line insurance information to gain immunity from civil liability.

      The bill was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1285 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. 1285.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1285 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Absent: Senator Owen - 1.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1285, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1041, by Representatives Quall, Schoesler, Robertson and Sheldon

Authorizing a trade association representing manufactured housing dealers to use a manufactured home as an office.

      The bill was read the second time.

MOTION

      On motion of Senator Pelz, the rules were suspended, House Bill No. 1041 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. 1041.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1041 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 40.

      Voting nay: Senators Drew, Fairley, Haugen, Kohl, Prentice, Rinehart and Wojahn - 7.

      Excused: Senators Anderson, C. and Moyer - 2.

      HOUSE BILL NO. 1041, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1053, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Horn, Chandler and Sheldon)

Changing the limitations on the use of wood stoves.

      The bill was read the second time.

MOTIONS

      On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

      On page 4, after line 2, insert the following:

      "Sec. 3. RCW 70.94.457 and 1991 c 199 s 501 are each amended to read as follows: