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NINETY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, April 10, 1995
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Cantu, Finkbeiner and Roach. On motion of Senator Loveland, Senator Cal Anderson was excused. On motion of Senator Ann Anderson, Senators Cantu, Finkbeiner and Roach were excused.
The Sergeant at Arms Color Guard, consisting of Pages Tom Goff and Chris Harper, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
April 7, 1995
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1062,
HOUSE BILL NO. 1068,
HOUSE BILL NO. 1213,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247,
HOUSE BILL NO. 1360,
SUBSTITUTE HOUSE BILL NO. 1427,
HOUSE BILL NO. 1457,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,
SUBSTITUTE HOUSE BILL NO. 1873,
ENGROSSED HOUSE JOINT MEMORIAL NO. 4004, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1062,
HOUSE BILL NO. 1068,
HOUSE BILL NO. 1213,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1247,
HOUSE BILL NO. 1360,
SUBSTITUTE HOUSE BILL NO. 1427,
HOUSE BILL NO. 1457,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,
SUBSTITUTE HOUSE BILL NO. 1873,
ENGROSSED HOUSE JOINT MEMORIAL NO. 4004.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Bauer, Gubernatorial Appointment No. 9024, Elling B. Halvorson, as a member of the Board of Trustees for Lake Washington Technical College District No. 26, was confirmed.
APPOINTMENT OF ELLING B. HALVORSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Cantu, Finkbeiner and Roach - 4.
MOTION
On motion of Senator Hochstatter, Gubernatorial Appointment No. 9055, Felix Ramon, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.
APPOINTMENT OF FELIX RAMON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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., Cantu and Finkbeiner - 3.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
SENATE RESOLUTION 1995-8642
By Senators Fraser, Rasmussen, Johnson, Gaspard, Winsley, Fairley, Roach, Sellar, West, Hale, Finkbeiner, Heavey, Strannigan, Spanel, Snyder, Franklin, Kohl, Drew, McAuliffe, Pelz, McDonald, Prentice, Sheldon, Cantu, Smith, Wood, Palmer, Haugen, Hargrove, A. Anderson, Rinehart, Bauer, Wojahn, Owen, Loveland, Newhouse, Swecker, Deccio, Long, Oke, Morton, Schow, Hochstatter, McCaslin and Prince
WHEREAS, The state of Washington and Hyogo Prefecture have shared an active sister state relationship for thirty-two years, the longest such relationship in the United States; and
WHEREAS, Several communities in the state of Washington and Hyogo Prefecture have active sister community relationships, including: Auburn and Kasuga, Kent and Kaibara, Kittitas County and Sanda City, Olympia and Yashiro, Pullman and Kasai City, Renton and Nishiwaki, Seattle and Kobe, Sequim and Yamasaki, Spokane and Nishinomiya, Walla Walla and Sasayama; and
WHEREAS, The Washington State - Hyogo Prefecture Legislative Friendship Committee was founded one year ago by the Washington State Legislature to foster a continued exchange of friendship and information between our two legislative bodies; and
WHEREAS, The state of Washington - Hyogo Prefecture sister state relationship has resulted in numerous educational exchanges, including sister school relationships, such as that of Olympia High School and Yashiro High School, the social science teacher exchange program, and other faculty and student exchange programs which have benefited both of our regions; and
WHEREAS, The state of Washington - Hyogo Prefecture sister state relationship has resulted in the opening of the Kobe Trade Office in Seattle, the Washington Village housing project in Sanda City, and the sister port relationship between the Port of Seattle and the Port of Kobe, all of which foster valuable business ties between our regions; and
WHEREAS, The Washington State - Hyogo Prefecture sister state relationship has resulted in cultural exchanges including: the formation of the Hyogo Cultural Center in Seattle, arts exchanges between the Washington State Arts Commission and the Hyogo Prefectural Cultural Association, the Youth Tree Exchange, and the New Leader State Employee Exchange Program, which have enriched the cultures of both the state of Washington and Hyogo Prefecture;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Legislature honors the thirty-second anniversary of the sister state relationship between Hyogo Prefecture and the state of Washington; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Governor Toshitami Kaihara, Mr. Kanbe Hajimu, Speaker of the Hyogo Prefectural Assembly, President Isami Hirazawa of the Japan-America Friendship League of Hyogo Prefectural Assembly, and to Mr. Takeo Tarahata of the Hyogo Cultural Center Located in Seattle.
MOTION
At 10:19 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 11:39 a.m. by President Pritchard.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1162, by House Committee on Appropriations (originally sponsored by Representatives Schoesler and Mastin) (by request of Department of Ecology and Department of Revenue)
Changing collection of hazardous waste fees.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.95E.010 and 1994 c 136 s 1 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Dangerous waste" shall have the same definition as set forth in RCW 70.105.010(5) and shall include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.
(2) "Department" means the department of ecology.
(3) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.
(4) "Extremely hazardous waste" shall have the same definition as set forth in RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.
(5) "Fee" means the annual fees imposed under this chapter.
(6) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.
(7) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes but for the purposes of this chapter excludes all radioactive wastes or substances composed of both radioactive and hazardous components.
(8) (("Known generators" means persons that have notified the department and have received an EPA/state identification number.)) "Hazardous waste generator" means all persons whose primary business activities are identified by the department to generate any quantity of hazardous waste in the calendar year for which the fee is imposed.
(9) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government including any agency or officer thereof, and any Indian tribe or authorized tribal organization.
(10) (("Potential generators" means all persons whose primary business activities are identified by the department to be likely to generate any quantity of hazardous wastes.
(11))) "Price deflator" means the United States department of commerce bureau of economic analysis, "Implicit Price Deflator for Gross National Product" for "Government Purchases of Goods and Services," for "State and Local Government."
(((12))) (11) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.
(((13))) (12) "Waste generation site" means any geographical area that has been assigned an EPA/state identification number.
Sec. 2. RCW 70.95E.020 and 1994 sp.s. c 2 s 3 and 1994 c 136 s 2 are each reenacted and amended to read as follows:
A fee is imposed for the privilege of generating ((or potentially generating)) hazardous waste in the state. The annual amount of the fee shall be thirty-five dollars upon every ((known generator or potential)) hazardous waste generator doing business in Washington in the current calendar year or any part thereof. This fee shall be collected by the department ((of revenue)) or its designee. A ((potential)) hazardous waste generator shall be exempt from the fee imposed under this section if the value of products, gross proceeds of sales, or gross income of the business, from all business activities of the ((potential)) hazardous waste generator, is less than twelve thousand dollars in the current calendar year. The department shall, subject to appropriation, use the funds collected from the fees assessed in this subsection to support the activities of the office of waste reduction as specified in RCW 70.95C.030. The fee imposed pursuant to this section is due annually by July 1 of the year following the calendar year for which the fee is imposed((, except the fee scheduled to be imposed for calendar year 1993 shall be imposed on known generators only)).
Sec. 3. RCW 70.95E.050 and 1994 c 136 s 4 are each amended to read as follows:
In administration of this chapter for the enforcement and collection of the fees due and owing under ((this chapter)) RCW 70.95E.020 and 70.95E.030, the department ((of revenue is authorized to)) may apply ((the provisions of chapter 82.32 RCW, except that the provisions of RCW 82.32.045 shall not apply)) RCW 43.17.240.
Sec. 4. RCW 70.95E.090 and 1990 c 114 s 19 are each amended to read as follows:
The department may use funds in the hazardous waste assistance account to provide technical assistance and compliance education assistance to hazardous substance users and waste generators, to provide grants to local governments, and for administration of this chapter. ((The department of revenue shall be appropriated a percentage amount of the total fees collected, not to exceed two percent of the total fees collected, for administration and collection expenses incurred by the department of revenue.))
Technical assistance may include the activities authorized under chapter 70.95C RCW and RCW 70.105.170 to encourage hazardous waste reduction and hazardous use reduction and the assistance provided for by RCW 70.105.100(2).
Compliance education may include the activities authorized under RCW 70.105.100(2) to train local agency officials and to inform hazardous substance users and hazardous waste generators and owners and operators of hazardous waste management facilities of the requirements of chapter 70.105 RCW and related federal laws and regulations. To the extent practicable, the department shall contract with private businesses to provide compliance education.
Grants to local governments shall be used for small quantity generator technical assistance and compliance education components of their moderate risk waste plans as required by RCW 70.105.220.
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 Fraser, the following title amendment was adopted:
On page 1, line 2 of the title, after "fees;" strike the remainder of the title and insert "amending RCW 70.95E.010, 70.95E.050, and 70.95E.090; reenacting and amending RCW 70.95E.020; and declaring an emergency."
MOTION
On motion of Senator Fraser, the rules were suspended, Second Substitute House Bill No. 1162, 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 Second Substitute House Bill No. 1162, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1162, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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 Cantu - 2.
SECOND SUBSTITUTE HOUSE BILL NO. 1162, 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. 1112, by Representatives Silver, Sommers, Romero, Wolfe, Huff, Stevens, Johnson, Brumsickle and Mason)(by request of Department of General Administration)
Clarifying and streamlining the use of funds within the department of general administration.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, House Bill No. 1112 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Loveland, Senator Owen was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1112.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1112 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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.
Excused: Senators Anderson, C., Cantu and Owen - 3.
HOUSE BILL NO. 1112, 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. 1087, by Representatives Hickel and Appelwick (by request of Law Revision Commission)
Correcting an unconstitutional provision concerning jurisdiction for violations dealing with motor vehicles.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 1087 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. 1087.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1087 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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 Cantu - 2.
HOUSE BILL NO. 1087, 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. 1058, by Representatives Horn and Sheldon (by request of Liquor Control Board)
Affecting the repeal of liquor vendors' appeals as authorized by RCW 41.06.150.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, House Bill No. 1058 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. 1058.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1058 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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 Cantu - 2.
HOUSE BILL NO. 1058, 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. 1144, by House Committee on Health Care (originally sponsored by Representatives Dyer, Backlund, Morris, Johnson, Campbell, Cooke, Skinner, Chandler, Casada, Schoesler, Boldt, Mulliken, Huff, Mitchell, Thompson, Foreman, Robertson, Buck, Clements, Smith, Delvin, Carrell, Mielke and Sheahan)
Amending the veterinary practice act to include implanting of electronic identification devices.
The bill was read the second time.
MOTIONS
On motion of Senator Rasmussen, the following Committee on Agriculture, Agricultural Trade and Development amendments were considered simultaneously and were adopted:
On page 3, line 14, after "implanting" insert "in their own animals"
On page 3, line 18, after "veterinarian" insert ";
(10) The implanting of any electronic device by a public fish and wildlife agency for the identification of fish or wildlife"
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1144, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTIONS
On motion of Senator Loveland, Senators Pelz and Smith were excused.
On motion of Senator Ann Anderson, Senator Schow was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1144, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1144, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Excused: Senators Anderson, C., Cantu, Pelz, Schow and Smith - 5.
SUBSTITUTE HOUSE BILL NO. 1144, 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.
MOTION
At 12:02 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 1:06 p.m. by President Pritchard.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Owen, Gubernatorial Appointment No. 9070, John P. Sullivan, as a member of the Marine Employees' Commission, was confirmed.
MOTIONS
On motion of Senator Kohl, Senators Loveland and Rinehart were excused.
On motion of Senator Wood, Senators Roach and Winsley were excused.
APPOINTMENT OF JOHN P. SULLIVAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 5; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Wojahn and Wood - 38.
Absent: Senators Deccio, Finkbeiner, Heavey, Moyer and Strannigan - 5.
Excused: Senators Anderson, C., Loveland, Pelz, Rinehart, Roach and Winsley - 6.
SECOND READING
ENGROSSED HOUSE BILL NO. 1461, by Representatives Benton, R. Fisher, Horn, Romero, Chopp, Chandler, Boldt and Robertson (by request of Department of Licensing)
Increasing motor vehicle damage threshold amounts.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Transportation amendments were considered simultaneously and adopted:
On page 2, beginning on line 16, strike "twenty-four hours" and insert "((twenty-four hours)) five days"
On page 3, beginning on line 21, strike "seven" and insert "one thousand"
On page 3, beginning on line 28, strike all material through "41.29.060." on line 31.
On motion of Senator Owen, the rules were suspended, Engrossed House Bill No. 1461, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senators Deccio, Finkbeiner and Strannigan were excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1461, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1461, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.
Excused: Senators Anderson, C., Deccio, Finkbeiner, Loveland, Rinehart, Roach and Strannigan - 7.
ENGROSSED HOUSE BILL NO. 1461, 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. 1465, by Representatives Silver and Sommers (by request of Secretary of State Munro)
Concerning the employee suggestion program.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1465 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. 1465.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1465 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.
Absent: Senator Pelz - 1.
Excused: Senators Anderson, C., Finkbeiner, Loveland, Rinehart, Roach and Strannigan - 6.
HOUSE BILL NO. 1465, 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. 1342, by House Committee on Appropriations (originally sponsored by Representatives Fuhrman, Buck, Sehlin, Romero, Ogden, Regala, Jacobsen and Basich) (by request of Parks and Recreation Commission)
Creating the parks renewal and stewardship account.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that during the past fourteen years, the Washington state parks and recreation commission has endured a steady erosion of general fund operating support, which has caused park closures, staff reductions, and growing backlog of deferred maintenance projects. The legislature also finds that the growth of parks revenue has been constrained by staff limitations and by transfers of that revenue into the general fund.
The legislature intends to reverse the decline in operating support to its state parks, stabilize the system's level of general fund support, and inspire system employees and park visitors to enhance these irreplaceable resources and ensure their continuing availability to current and future state citizens and visitors. To achieve these goals, the legislature intends to dedicate park revenues to park operations, developing and renovating park facilities, undertaking deferred maintenance, and improving park stewardship. The legislature clearly intends that such revenues shall complement, not supplant, future general fund support.
Sec. 2. RCW 43.51.047 and 1984 c 82 s 3 are each amended to read as follows:
Only timber which qualifies for cutting or removal under RCW 43.51.045(2) may be sold. Timber shall be sold only when surplus to the needs of the park.
Net revenue derived from timber sales shall be deposited in the ((trust land)) parks renewal and stewardship account created in section 7 of this act.
Sec. 3. RCW 43.51.060 and 1993 c 156 s 1 are each amended to read as follows:
The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;
(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;
(6) Charge such fees for services, utilities, and use of facilities as the commission shall deem proper((. All fees received by the commission shall be deposited with the state treasurer in the state general fund));
(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed ten years;
(8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040, and upon his recommendation, a supervisor of recreation, and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
(9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.
Sec. 4. RCW 43.51.270 and 1992 c 185 s 1 are each amended to read as follows:
(1) The ((board)) department of natural resources and the state parks and recreation commission shall have authority to negotiate a sale to the state parks and recreation commission, for park and outdoor recreation purposes, of ((the)) trust lands ((withdrawn as of August 9, 1971, pursuant to law for park purposes and included within the state parks listed in subsection (2) of this section: PROVIDED, That the sale shall be by contract with a pay-off period of not less than ten years, a price of eleven million twenty-four thousand seven hundred forty dollars or the)) at fair market value((, whichever is higher, for the land value, and interest not to exceed six percent. All fees collected by the commission beginning in the 1973-1975 biennium shall be applied to the purchase price of the trust lands listed in subsection (2) of this section; the acquisition of the property described in subsections (3) and (4) of this section, and all reasonable costs of acquisition, described in subsection (5) of this section; the renovation and redevelopment of state park structures and facilities to extend the original life expectancy or correct damage to the environment of state parks; the maintenance and operation of state parks; and any cost of collection pursuant to appropriations from the trust land purchase account created in RCW 43.51.280. The department of natural resources shall not receive any management fee pursuant to the sale of the trust lands listed in subsections (2) and (4) of this section. Timber on the trust lands which are the subject of subsections (2), (3), and (4) of this section shall continue to be under the management of the department of natural resources until such time as the legislature appropriates funds to the parks and recreation commission for purchase of said timber. The state parks which include trust lands which shall be the subject of this sale pursuant to this section are:
(2)(a) Penrose Point
(b) Kopachuck
(c) Long Beach
(d) Leadbetter Point
(e) Nason Creek
(f) South Whidbey
(g) Blake Island
(h) Rockport
(i) Mt. Pilchuck
(j) Ginkgo
(k) Lewis & Clark
(l) Rainbow Falls
(m) Bogachiel
(n) Sequim Bay
(o) Federation Forest
(p) Moran
(q) Camano Island
(r) Beacon Rock
(s) Bridle Trails
(t) Chief Kamiakin (formerly Kamiak Butte)
(u) Lake Wenatchee
(v) Fields Springs
(w) Sun Lakes
(x) Scenic Beach.
(3) The board of natural resources and the state parks and recreation commission shall negotiate a mutually acceptable transfer for adequate consideration to the state parks and recreation commission to be used for park and recreation purposes:
(a) All the state-owned Heart Lake property, including the timber therein, located in section 36, township 35 north, range 1E, W.M. in Skagit county;
(b) The Moran Park Additions, including the timber thereon, located in sections 16, 17, 19, 26, and 30, township 37 north, range 1W, W.M.;
(c) The Fort Ebey Addition (Partridge Point), including the timber thereon, located in section 36, township 32 north, range 1W, W.M. and section 6, township 31 north, range 1E, W.M.;
(d) The South Whidbey Addition (Classic U), including the timber thereon, located in section 29, township 30 north, range 2E, W.M.; and
(e) The Larrabee Addition, including the timber thereon, located in section 29, township 37 north, range 3E, W.M)).
(((4))) (2) The ((board)) department of natural resources and the state parks and recreation commission shall negotiate a sale to the state parks and recreation commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as((:
(a) The Packwood trust property, Lewis county — located on the Cowlitz river at Packwood;
(b) The Iron Horse (Bullfrog) trust property — adjoining the John Wayne Pioneer Trail at Iron Horse State Park;
(c) The Soleduck Corridor trust property, Clallam county — on the Soleduck river at Sappho;
(d) The Lake Sammamish (Providence Heights) trust property, King county — adjacent to Hans Jensen Youth Camp area at Lake Sammamish State Park;
(e) The Kinney Point trust property, Jefferson county — on the extreme southern tip of Marrowstone Island;
(f) The Hartstene Island trust property, Mason county — near Fudge Point on the east side of Hartstene Island approximately two miles south of Jarrell Cove State Park;
(g) The Wallace Falls trust property addition, Snohomish county — located adjacent to Wallace Falls State Park;
(h) The Diamond Point trust property, Clallam county — on the Strait of Juan de Fuca; provided, however, to the extent authorized by the commission by its action of December 7, 1990, as now or hereafter amended, the acreage and boundaries of the Diamond Point trust property acquired by the commission may vary from the acreage and boundaries described in the joint study. The commission may not authorize acquisition of any portion of the Diamond Point trust property by a private party prior to approval by the Clallam county board of commissioners of a preliminary master site plan for a resort development on the property;
(i) The Twin Falls trust property addition, King county — three parcels adjacent to the Twin Falls natural area, King county;
(j) The Skating Lake trust property, Pacific county — one and one-half miles north of Ocean Park and two miles south of Leadbetter State Park on the Long Beach Peninsula;
(k) The Kopachuck trust property addition, Pierce county — adjoining Kopachuck State Park;
(l))) the Point Lawrence trust property, San Juan county — on the extreme east point of Orcas Island((;
(m) The Huckleberry Island trust property, Skagit county — between Guemes Island and Saddlebag Island State Park;
(n) The Steamboat Rock (Osborn Bay) trust property, Grant county — southwest of Electric City on Osborn Bay;
(o) The Lord Hill trust property, Snohomish county — west of Monroe;
(p) The Larrabee trust property addition, Whatcom county — northeast of Larrabee State Park and Chuckanut Mountain;
(q) The Beacon Rock trust property, Skamania county — at Beacon Rock State Park;
(r) The Loomis Lake trust property, Pacific county — on the east shore of Loomis Lake and Lost Lake;
(s) The Lake Easton trust property addition, Kittitas county — one-quarter mile west of Lake Easton State Park near the town of Easton;
(t) The Fields Spring trust property addition, Asotin county — adjacent to the west and north boundaries of Fields Spring State Park;
(u) The Hoypus Hill trust property, Island county — south of the Hoypus Point natural forest area at Deception Pass State Park;
(v) The Cascade Island trust property, Skagit county — on the Cascade river about one and one-half miles east of Marblemount off of the South Cascade county road and ten and one-half miles east of Rockport State Park.
Payment for the property described in this subsection shall be derived from the trust land purchase account established pursuant to RCW 43.51.280)). Timber conservation and management practices provided for in RCW 43.51.045 and 43.51.395 shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer, upon payment for the property, and nothing in this chapter shall be construed as restricting or otherwise modifying the department of natural resources' management, control, or use of such land and timber until such date.
(((5) The funds from the trust land purchase account designated for the acquisition of the property described in subsections (3) and (4) of this section, and the reasonable costs of acquisition, shall be deposited in the park land trust revolving fund, hereby created, to be utilized by the department of natural resources for the exclusive purpose of acquiring real property as a replacement for the property described in subsections (3) and (4) of this section to maintain the land base of the several trusts and for the reimbursement of the department of natural resources for all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsections (3) and (4) of this section. Disbursements from the park land trust revolving fund to acquire replacement property, and pay for all reasonable costs of acquisition, for the property described in subsections (3) and (4) of this section shall be on the authorization of the board of natural resources. In order to maintain an effective expenditure and revenue control, the park land trust revolving fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditures and payment of obligations from the fund. The state treasurer shall be custodian of the revolving fund.
The department of natural resources shall pay all reasonable costs, to include, but not exclusively, the appraisal and cruising of the timber on the property for the acquisition of the property described in subsection (3) of this section from funds provided in the trust land purchase account. Any agreement for the transfer of the property described in subsection (3) of this section shall not have an interest rate exceeding ten percent.
The parks and recreation commission is authorized to accept, receive, disburse, and administer grants or funds or gifts from any source including private individuals, public entities, and the federal government to supplement the funds from the trust land purchase account for the purchase of the property described in subsection (3) of this section.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.85 RCW to read as follows:
The park land trust revolving fund is to be utilized by the department of natural resources for the exclusive purpose of acquiring real property, including all reasonable costs associated with these acquisitions, as a replacement for the property transferred to the state parks and recreation commission or as directed by the legislature in order to maintain the land base of the affected trusts. Proceeds from transfers of real property to the state parks and recreation commission or other proceeds identified from transfers of real property as directed by the legislature shall be deposited in this fund. Disbursement from the park land trust revolving fund to acquire replacement property shall be on the authorization of the department of natural resources. In order to maintain an effective expenditure and revenue control, the park land trust revolving fund is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
NEW SECTION. Sec. 6. RCW 43.51.280 and 1991 sp.s. c 16 s 922, 1991 sp.s. c 13 s 4, & 1987 c 466 s 2 are each repealed.
NEW SECTION. Sec. 7. A new section is added to chapter 43.51 RCW to read as follows:
The state parks renewal and stewardship account is created in the state treasury. Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, and other state park-based activities shall be deposited into the account. Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation by the legislature.
NEW SECTION. Sec. 8. 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 July 1, 1995.
NEW SECTION. Sec. 9. 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."
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 1 of the title, after "commission;" strike the remainder of title and insert "amending RCW 43.51.047, 43.51.060, and 43.51.270; adding a new section to chapter 43.85 RCW; adding a new section to chapter 43.51 RCW; creating a new section; repealing RCW 43.51.280; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1342, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1342, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1342, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Finkbeiner, Loveland, Rinehart, Roach and Strannigan - 6.
SUBSTITUTE HOUSE BILL NO. 1342, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1431, by House Committee on Appropriations (originally sponsored by Representative Silver) (by request of Department of Retirement Systems)
Paying for department of retirement system expenses.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.50.255 and 1993 sp.s. c 24 s 916 are each amended to read as follows:
The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, or the law enforcement officers' and fire fighters' retirement system lawful obligations of the appropriate system for legal expenses and medical expenses which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.
The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
((During the period from July 1, 1993, until June 30, 1995,)) The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in investigating fraud and collecting overpayments, including expenses incurred to review and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Recovered funds must be returned to the appropriate trust funds.
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 July 1, 1995."
On motion of Senator Bauer, the following title amendment was adopted:
On line 2 of the title, beginning with "amending" strike the remainder of the title and insert "amending RCW 41.50.255; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Bauer, the rules were suspended, Engrossed Substitute House Bill No. 1431, 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. 1431, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1431, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.
Excused: Senators Anderson, C., Finkbeiner, Loveland, Rinehart, Roach and Strannigan - 6.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1431, 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. 1195, by House Committee on Transportation (originally sponsored by Representatives Buck, R. Fisher, K. Schmidt, Benton, Mitchell, Elliot, Stevens, Mulliken and Hickel) (by request of Department of Transportation)
Excluding site exploration as a substantial shoreline development.
The bill was read the second time.
MOTIONS
On motion of Senator Fraser, the following Committee on Ecology and Parks amendments were considered simultaneously and were adopted:
On page 6, line 16, after "bond" insert "or provides other evidence of financial responsibility"
On page 6, line 16, after "jurisdiction" insert "to ensure that the site is restored to preexisting conditions"
Senator Owen moved that the following amendment by Senators Owen, Wojahn, Gaspard, Spanel, Rasmussen, Drew, Fairley, Rinehart, Franklin, Smith, Bauer, McAuliffe, Fraser, Snyder, Pelz, Oke, Haugen, Prentice, and Kohl be adopted:
On page 6, after line 18, insert the following:
"Sec. 2. RCW 43.143.010 and 1989 1st ex.s. c 2 s 9 are each amended to read as follows:
(1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and local management authority over Washington's coastal waters, seabed, and shorelines.
(2) There shall be no leasing of Washington's tidal or submerged lands extending from mean high tide seaward three miles along the Washington coast from Cape Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of oil or gas exploration, development, or production ((until at least July 1, 1995. During the 1995 legislative session, the legislature shall determine whether the moratorium on leasing should be extended past July 1, 1995. This determination shall be based on the information available at that time, including the analysis described in RCW 43.143.040. If the legislature does not extend the moratorium on leasing, the moratorium will end on July 1, 1995)). At any time that oil or gas leasing, exploration, and development are allowed to occur, these activities shall be required to meet or exceed the standards and criteria contained in RCW 43.143.030.
(3) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not adversely impact renewable resources over uses which are likely to have an adverse impact on renewable resources.
(4) It is the policy of the state of Washington to actively encourage the conservation of liquid fossil fuels, and to explore available methods of encouraging such conservation.
(5) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses involving fishing or other renewable marine or ocean resources within the uses and activities which must meet the planning and review criteria set forth in RCW 43.143.030. It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW 43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through the established appeals procedure for that permit or approval.
(6) The state shall participate in federal ocean and marine resource decisions to the fullest extent possible to ensure that the decisions are consistent with the state's policy concerning the use of those resources."
Renumber remaining sections and correct any internal references accordingly.
POINT OF ORDER
Senator Ann Anderson: "Mr. President, I rise to a point of order. I believe that this amendment is out of the scope and object of the bill before us. I would like to raise that point of order. The amendment moved by Senator Owen, I believe, is beyond the scope of Substitute House Bill No. 1195, because it has a very specific exemption to the Shorelines Management Act only in the case of site exploration. This is a bill addressing Title 90, RCW Shorelines Management Act. The amendment on the bill is beyond the scope and object because it addresses a moratorium on the leasing of title and submerged lands. As a matter of fact, the amendment is being drawn to Title 43 and this was a separate bill and, as a matter of fact, in order to be found appropriate, I think it would need a title amendment in order to fit on this bill."
Further debate ensued.
There being not objection, the President deferred further consideration of Substitute House Bill No. 1195.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1233, by House Committee on Government Operations (originally sponsored by Representatives L. Thomas, R. Fisher and Wolfe) (by request of Secretary of State Munro)
Avoiding conflicts of interest on election canvassing boards.
The bill was read the second time.
MOTION
Senator Cantu moved that the following amendment be adopted:
On page 3, after line 16, insert the following:
"Sec. 4. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:
The ((opening and subsequent processing)) verification of signatures on return envelopes for any primary or election may begin on or after the tenth day prior to such primary or election. The opening of the return and security envelopes and tabulation of absentee ballots shall not commence until after 8:00 o'clock p.m. on the day of the primary or election.
After ((opening)) verification of signatures on the return envelopes, the county canvassing board shall count and place all of the ((ballot)) returned envelopes unopened, and the verified count of those envelopes, in containers ((that can be)) secured with numbered seals. These sealed containers shall be stored in a secure location until after 8:00 o'clock p.m. of the day of the primary or election. ((Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.))
The canvassing board shall examine the postmark, statement, and signature on each return envelope containing the security envelope and absentee ballot. They shall verify that the voter's signature is the same as that in the registration files for that voter. For absentee voters other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible, the date on the return envelope to which the voter attests shall determine the validity, as to the time of voting, of that absentee ballot under this chapter. For any absentee voter, a variation between the signature of the voter on the return envelope and that in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same."
Renumber the remaining section consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Cantu on page 3, after line 16, to Substitute House Bill No. 1233.
The motion by Senator Cantu failed and the amendment was not adopted.
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1233 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. 1233.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1233 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Excused: Senators Anderson, C., Loveland, Rinehart and Strannigan - 4.
SUBSTITUTE HOUSE BILL NO. 1233, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820, by House Committee on Transportation (originally sponsored by Representative K. Schmidt)
Regulating towing of vehicles.
The bill was read the second time.
MOTIONS
Senator Owen moved that the following Committee on Transportation amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 46.37 RCW to read as follows:
(1) "Safety chains" means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system, as prescribed by rule of the Washington state patrol.
(2) The term "safety chains" includes chains, cables, or wire ropes, or an equivalent flexible member meeting the strength requirements prescribed by rule of the Washington state patrol.
(3) A tow truck towing a vehicle and a vehicle towing a trailer must use safety chains. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120.
NEW SECTION. Sec. 2. A new section is added to chapter 46.55 RCW to read as follows:
A vehicle engaging in the business of recovery of disabled vehicles for monetary compensation, from or on a public road or highway must either be operated by a registered tow truck operator, or someone who at a minimum has insurance in a like manner and amount as prescribed in RCW 46.55.030(3), and have had their tow trucks inspected in a like manner as prescribed by RCW 46.55.040(1). The department shall adopt rules to enforce this section. Failure to comply with this section is a class 1 civil infraction punishable under RCW 7.80.120.
Sec. 3. RCW 46.55.063 and 1989 c 111 s 7 are each amended to read as follows:
(1) An operator shall file a fee schedule with the department. All filed fees must be adequate to cover the costs of service provided. No fees may exceed those filed with the department. At least ten days before the effective date of any change in an operator's fee schedule, the registered tow truck operator shall file the revised fee schedule with the department.
(2) Towing contracts with private property owners shall be in written form and state the hours of authorization to impound, the persons empowered to authorize the impounds, and the present charge of a private impound for the classes of tow trucks to be used in the impound, and must be retained in the files of the registered tow truck operator for three years.
(3) A fee that is charged for tow truck service must be calculated on an hourly basis, and after the first hour must be charged to the nearest quarter hour.
(4) ((A)) Fees that ((is)) are charged for the storage of a vehicle, or for other items of personal property registered or titled with the department, must be calculated on a twenty-four hour basis and must be charged to the nearest half day from the time the vehicle arrived at the secure storage area. However, items of personal property registered or titled with the department that are wholly contained within an impounded vehicle are not subject to additional storage fees; they are, however, subject to satisfying the underlying lien for towing and storage of the vehicle in which they are contained.
(5) All billing invoices that are provided to the redeemer of the vehicle, or other items of personal property registered or titled with the department, must be itemized so that the individual fees are clearly discernable.
Sec. 4. RCW 46.55.090 and 1989 c 178 s 25 are each amended to read as follows:
(1) All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the application filed with the department.
(2) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.
(3) All personal belongings and contents in the vehicle, with the exception of those items of personal property that are registered or titled with the department, shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a driver's license or other sufficient identification. Personal belongings, with the exception of those items of personal property that are registered or titled with the department, shall not be sold at auction to fulfill a lien against the vehicle.
(4) All personal belongings, with the exception of those items of personal property that are registered or titled with the department, not claimed before the auction shall be turned over to the local law enforcement agency to which the initial notification of impoundment was given. Such personal belongings shall be disposed of pursuant to chapter 63.32 or 63.40 RCW.
(5) Tow truck drivers shall have a Washington state driver's license endorsed for the appropriate classification under chapter 46.25 RCW or the equivalent issued by another state.
(6) Any person who shows proof of ownership or written authorization from the impounded vehicle's registered or legal owner or the vehicle's insurer may view the vehicle without charge during normal business hours.
Sec. 5. RCW 46.55.100 and 1991 c 20 s 1 are each amended to read as follows:
(1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
(2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the ninety-six hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours.
(4) Within fifteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol.
(5) If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners.
Sec. 6. RCW 46.55.110 and 1989 c 111 s 10 are each amended to read as follows:
(1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the ((vehicle)) owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
(3) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
Sec. 7. RCW 46.55.120 and 1993 c 121 s 3 are each amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department.
(b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The district court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper.
(c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., 19. . .
Signature . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 8. RCW 46.55.140 and 1992 c 200 s 1 are each amended to read as follows:
(1) A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the impounded vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle except for items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency claim against the registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of ((three)) five hundred dollars ((less)) after deduction of the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars ((less)) after deduction of the amount bid at auction, unless the impound is determined to be invalid. The limitation on towing and storage deficiency claims does not apply to an impound directed by a law enforcement officer. In no case may the cost of the auction or a buyer's fee be added to the amount charged for the vehicle at the auction, the vehicle's lien, or the overage due. A registered owner who has completed and filed with the department the seller's report as provided for by RCW 46.12.101 and has timely and properly filed the seller's report is relieved of liability under this section. The person named as the new owner of the vehicle on the timely and properly filed seller's report shall assume liability under this section.
(2) Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not comply with the requirements of this chapter.
Sec. 9. RCW 46.20.435 and 1985 c 391 s 1 are each amended to read as follows:
(1) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.021 or with a license that has been expired for ninety days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420, a law enforcement officer may immediately impound the vehicle that the person is operating.
(2) ((If the driver of the vehicle is the owner of the vehicle,)) The officer shall not release the vehicle impounded under subsection (1) of this section until the owner of the vehicle:
(a) Establishes that any penalties, fines, or forfeitures owed by the ((person driving)) registered owner of the vehicle ((when it)) that was impounded have been satisfied; and
(b) Pays the reasonable costs of such impoundment and storage.
(3) ((If the driver of the vehicle is not the owner of the vehicle, the driver shall be responsible for any penalties, fines, or forfeitures owed or due and for the costs of impoundment and storage. The vehicle shall be released to the owner immediately upon proof of such ownership.
(4))) Whenever a vehicle has been impounded by a law enforcement officer, the officer shall immediately serve upon the driver of the impounded vehicle a notice informing the recipient of his or her right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing or the amount of towing and storage charges. A request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date of the impound. If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the driver is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impoundment.
(((5))) (4)(a) The district court, within five days after the request for a hearing, shall notify the driver in writing of the hearing date and time.
(b) At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment was not proper.
(c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the driver was responsible for any penalties, fines, or forfeitures owed or due at the time of the impoundment, and whether they have been satisfied.
(d) A certified transcript or abstract of the driving record of the driver, as maintained by the department, is admissible in evidence in any hearing and is prima facie evidence of the status of the driving privilege of the person named in it at the time of the impoundment and whether there were penalties, fines, or forfeitures due and owing by the person named in it at the time the impoundment occurred.
Sec. 10. RCW 46.61.625 and 1965 ex.s. c 155 s 73 are each amended to read as follows:
(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
(2) No person or persons may occupy a vehicle while it is being towed by a tow truck."
On motion of Senator Prince, the following amendment to the Committee on Transportation striking amendment was adopted:
On page 10, line 37 of the striking amendment, after "truck" insert "as defined in RCW 46.55.010(8)"
The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment, as amended, to Engrossed Substitute House Bill No. 1820.
The committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Owen, the following title amendment was adopted:
On line 1 of the title, after "vehicles;" strike the remainder of the title and insert "amending RCW 46.55.063, 46.55.090, 46.55.100, 46.55.110, 46.55.120, 46.55.140, 46.20.435, and 46.61.625; adding a new section to chapter 46.37 RCW; adding a new section to chapter 46.55 RCW; and prescribing penalties."
On motion of Senator Owen, the rules were suspended, Engrossed Substitute House Bill No. 1820, 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. 1820, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1820, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.
Absent: Senator Moyer - 1.
Excused: Senators Anderson, C., Loveland, Rinehart and Strannigan - 4.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1820, 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.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1995, by House Committee on Health Care (originally sponsored by Representatives Mielke, Morris and Dyer)
Providing an exemption and an offset for insurance premium and prepayment obligations for the high risk pool.
The bill was read the second time.
MOTIONS
On motion of Senator Quigley, the following Committee on Health and Long-Term Care amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.14.022 and 1987 c 431 s 23 are each amended to read as follows:
(1) The taxes imposed in RCW 48.14.020 and 48.14.0201 do not apply to premiums and prepayments collected or received for policies of insurance issued under RCW 48.41.010 through 48.41.210.
(2) In computing tax due under RCW 48.14.020 and 48.14.0201, there may be deducted from taxable premiums and prepayments the amount of any assessment against the taxpayer under RCW 48.41.010 through 48.41.210. Any portion of the deduction allowed in this section which cannot be deducted in a tax year without reducing taxable premiums below zero may be carried forward and deducted in successive years until the deduction is exhausted.
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 Quigley, the following title amendment was adopted:
On page 1, line 3 of the title, after "act;" strike the remainder of the title and insert "amending RCW 48.14.022; and declaring an emergency."
MOTION
On motion of Senator Quigley, the rules were suspended, Substitute House Bill No. 1995, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Ann Anderson, Senator Moyer was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1995, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1995, as amended by the Senate, 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. 1995, 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. 1343, by Representatives Casada, Kessler and Basich (by request of Utilities and Transportation Commission)
Removing the requirement that a schedule of port rates and charges be filed with the utilities and transportation commission.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1343 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1343.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1343 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1343, 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. 1321, by Representatives Mulliken, Mason, Goldsmith and Carlson (by request of Higher Education Coordinating Board)
Correcting citations to the tuition recovery trust fund.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, House Bill No. 1321 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1321.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1321 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1321, 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. 1296, by Representatives Sommers, Carlson and Sehlin (by request of Department of Retirement Systems)
Making retirement contributions and payments.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Since enactment of chapter 227, Laws of 1984 most employers that participate in state retirement systems have been responsible for ensuring that member retirement contributions are transferred to the retirement trust funds, even in situations where service credit is being established on a retroactive basis for a member who is no longer employed by the employer.
(2) It is the responsibility of employers to accurately report their employees' compensation and service, and to ensure that all required member and employer contributions are transferred to the department of retirement systems. However, in situations where an employer determines that a former employee should have had contributions transferred, it is more reasonable and efficient to bill the employee for the past due member contributions than to make the employer responsible for them.
NEW SECTION. Sec. 2. A new section is added to chapter 41.50 RCW to read as follows:
(1) If an employer, pursuant to RCW 41.50.140(2), does not transfer member contributions for a former employee's prior period of service, the member shall not receive service credit for the period of service unless the member pays the required member contributions as provided in this section. In such cases the member shall have the option, but shall not be obligated, to pay the member contributions necessary to receive credit for the period of service. As provided by RCW 41.50.140(1), the department shall collect from the employer all employer contributions due for periods of service, regardless of whether the member elects to pay the member contributions necessary to receive credit for the period of service.
(2) The department shall adopt, by rule, a process by which separated and active members may pay member contributions needed to establish service credit for prior periods of service for which their employers did not transmit member contributions.
Sec. 3. RCW 41.50.140 and 1982 1st ex.s. c 52 s 33 are each amended to read as follows:
(1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out all other duties as required by law, regulation, or administrative instruction. Every employer shall transmit to the department all member and employer contributions due for periods of service rendered in the retirement systems, except as provided in subsection (2) of this section.
(2) When the department bills an employer for member and employer contributions owed for a prior period of service, the employer shall transmit the required contributions if the member is still an employee of the employer at the time of the billing. The employer shall have no duty to transfer member contributions for persons who are not employees on the date the department bills the employer but shall transfer the required employer contributions for the prior service.
(3) Members for whom member contributions for a prior period of service are not transferred by the employer pursuant to subsection (2) of this section shall have the option of paying the required member contributions pursuant to section 2 of this act.
(((2) If an employee is entitled to retroactive service credit which was not previously established through no fault of the employee, or through an employer error which has caused a member's compensation or contributions to be understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss, to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the interest was part of the normal employer contribution and no distribution of interest received shall be required.
(3) Employer-paid employee contributions will not be credited to a member's account until the employer notifies the director in writing that the employer has been reimbursed by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the amount of the employee's obligation. Failure on the part of the employer to collect all or any part of the sums which may be due from the employee or beneficiary shall in no way cause the employer obligation for the total liability to be lessened.))
(4) If an employer transfers member contributions which were not paid by the member, the employer shall have the right to collect the amount of the employee's obligation from the employee.
Sec. 4. RCW 41.54.020 and 1994 c 197 s 32 are each amended to read as follows:
(1) Those persons who are dual members on or after July 1, 1988, shall not receive a retirement benefit from any prior system while dual members without the loss of all benefits under this chapter. Retroactive retirement in any prior system will cancel membership in any subsequent systems except as allowed under RCW 41.04.270 and will result in the refund of all employee and employer contributions made to such systems.
(2) If a member has withdrawn contributions from a prior system, the member may restore the contributions, together with interest since the date of withdrawal as determined by the system, and recover the service represented by the contributions. Such restoration must be completed within two years of establishing dual membership or prior to retirement, whichever occurs first.
(3) If a member does not meet the time limitation under subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2). However, if a member failed to meet the applicable statutory deadline and filed a petition with the director of the department of retirement systems prior to January 1, 1995, requesting an extension of the applicable period; and if the director's findings in denying the petition affirmatively show that the failure was due to the fact that the department's customary bulletins and other notifications that were furnished to the member's employer for distribution were not furnished to the member by the employer, and that the member did not otherwise receive notice through other channels of communication and was not at fault, the member may elect to restore the required contributions and interest and regain service credit under subsection (2) of this section under the same terms and conditions and without further liability as if the election had been made on a timely basis. The election must be made not later than July 1, 1995, or prior to retirement, whichever comes first. The department shall provide written notice and an application directly to the affected members, and any further assistance as may be necessary to implement this section.
(4) Any service accrued in one system by the member shall not accrue in any other system.
NEW SECTION. Sec. 5. If specific funding for the purposes of sections 1 through 4 of this act, referencing sections 1 through 4 of this act by bill and section number, is not provided by June 30, 1995, in the omnibus appropriations act, sections 1 through 4 of this act shall be null and void.
NEW SECTION. Sec. 6. This act shall take effect July 1, 1996."
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 2 of the title, after "contributions;" strike the remainder of the title and insert "amending RCW 41.50.140 and 41.54.020; adding a new section to chapter 41.50 RCW; creating new sections; and providing an effective date."
MOTION
On motion of Senator Bauer, the rules were suspended, House Bill No. 1296, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1296, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1296, 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 Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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.
Absent: Senator Newhouse - 1.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1296, 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. 1189, by Representatives Robertson, Chappell, Padden, Thompson, Blanton, Sheahan, Basich, McMahan and Dickerson (by request of Washington State Patrol)
Revising provisions relating to dissemination of criminal history information by the Washington state patrol.
The bill was read the second time.
MOTION
On motion of Senator Rinehart, the rules were suspended, House Bill No. 1189 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1189.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1189 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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.
Absent: Senators Finkbeiner and Newhouse - 2.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1189, 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
On motion of Senator Ann Anderson, Senator Newhouse was excused.
SECOND READING
HOUSE BILL NO. 1553, by Representative L. Thomas (by request of Attorney General Gregoire)
Concerning the proper form of certain ballot titles.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1553 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1553.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1553 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, Moyer, 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 Newhouse - 2.
HOUSE BILL NO. 1553, 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. 1501, by Representatives L. Thomas, Wolfe, Huff, Dellwo and Kessler (by request of Law Revision Commission)
Correcting double amendments related to insurance examination expenses.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1501 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1501.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1501 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, Moyer, 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 Newhouse - 2.
HOUSE BILL NO. 1501, 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.
Vice President Pro Tempore Franklin assumed the Chair.
SECOND READING
HOUSE BILL NO. 1225, by Representatives K. Schmidt, R. Fisher, Johnson and Scott (by request of Department of Licensing)
Regulating vehicle and fuel licensing.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Transportation amendment was adopted:
On page 2, after line 25, insert the following:
"Sec. 2. RCW 46.68.010 and 1993 c 307 s 2 are each amended to read as follows:
Whenever any license fee, paid under the provisions of this title, has been erroneously paid, either wholly or in part, the payor is entitled to have refunded the amount so erroneously paid. ((A renewal license fee paid prior to the actual expiration date of the license being renewed shall be deemed to be erroneously paid if the vehicle for which the renewal license was purchased is destroyed or permanently removed from the state prior to the beginning date of the registration period for which the renewal fee was paid.)) A license fee is refundable in one or more of the following circumstances: (1) If the vehicle for which the renewal license was purchased was destroyed before the beginning date of the registration period for which the renewal fee was paid; (2) if the vehicle for which the renewal license was purchased was permanently removed from the state before the beginning date of the registration period for which the renewal fee was paid; (3) if the vehicle license was purchased after the owner has sold the vehicle; or (4) if the vehicle is currently licensed in Washington and is subsequently licensed in another jurisdiction, any full months of Washington fees between the date of license application in the other jurisdiction and the expiration of the Washington license are refundable. Upon such refund being certified to the state treasurer by the director as correct and being claimed in the time required by law the state treasurer shall mail or deliver the amount of each refund to the person entitled thereto. No claim for refund shall be allowed for such erroneous payments unless filed with the director within three years after such claimed erroneous payment was made.
If due to error a person has been required to pay a vehicle license fee under this title and an excise tax under Title 82 RCW that amounts to an overpayment of ten dollars or more, that person shall be entitled to a refund of the entire amount of the overpayment, regardless of whether a refund of the overpayment has been requested. If due to error the department or its agent has failed to collect the full amount of the license fee and excise tax due and the underpayment is in the amount of ten dollars or more, the department shall charge and collect such additional amount as will constitute full payment of the tax and fees.
Any person who makes a false statement under which he or she obtains a refund to which he or she is not entitled under this section is guilty of a gross misdemeanor."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On motion of Senator Owen, the following title amendment was adopted:
On page 1, line 1 of the title, after "46.12.030," insert "46.68.010,"
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1225, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1225, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1225, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1225, 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.
President Pritchard assumed the Chair.
SECOND READING
HOUSE BILL NO. 1280, by Representatives Sherstad, Radcliff, Ballasiotes, Blanton, Cole, Tokuda and Dickerson (by request of Department of Corrections)
Revising procedures for offenders who violate conditions or requirements of sentences.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, House Bill No. 1280 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1280.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1280 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1280, 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.
There being no objection, the Senate resumed consideration of Substitute House Bill No. 1195 and the pending amendment by Senators Owen, Wojahn, Gaspard, Spanel, Rasmussen, Drew, Fairley, Rinehart, Franklin, Smith, Bauer, McAuliffe, Fraser, Snyder, Pelz, Oke, Haugen, Prentice, and Kohl on page 6, after line 18, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Ann Anderson, the President finds that Substitute House Bill No. 1195 is a measure which adds site exploration and investigation as exemptions from the requirement to obtain a substantial development permit for shoreline development.
"The amendment proposed by Senators Owen, Wojahn, Gaspard, Spanel, Rasmussen, Drew, Fairley, Rinehart, Franklin, Smith, Bauer, McAuliffe, Fraser, Snyder, Pelz, Oke, Haugen, Prentice, and Kohl on page 6, after line 18, would extend the moratorium on leasing Washington's tidal lands for the purposes of oil and gas exploration and production.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Owen, Wojahn, Gaspard, Spanel, Rasmussen, Drew, Fairley, Rinehart, Franklin, Smith, Bauer, McAuliffe, Fraser, Snyder, Pelz, Oke, Haugen, Prentice, and Kohl on page 6, after line 18, to Substitute House Bill No. 1195 was ruled out of order.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1195, 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. 1195, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1195, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE HOUSE BILL NO. 1195, 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. 1311, by Representatives K. Schmidt, R. Fisher and Blanton (by request of Board of Pilotage Commissioners)
Providing for enforcement and administration of the pilotage act.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1311 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1311.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1311 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, 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.
Voting nay: Senator McCaslin - 1.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1311, 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. 1310, by Representatives K. Schmidt, R. Fisher and Buck (by request of Board of Pilotage Commissioners)
Strengthening the provisions of the pilotage act affecting marine safety and protection of the marine environment.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1310 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1310.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1310 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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.
Voting nay: Senator Anderson, A. - 1.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1310, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298, by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda and Patterson) (by request of Department of Social and Health Services)
Enlarging the scope of the methadone treatment program to the opiate substitution treatment program.
The bill was read the second time.
MOTIONS
On motion of Senator Hargrove, the following Committee on Human Services and Corrections amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.96A.400 and 1989 c 270 s 20 are each amended to read as follows:
The state of Washington declares that there is no fundamental right to ((methadone)) opiate substitution treatment. The state of Washington further declares that while methadone ((is an)) and other like pharmacological drugs, used in the treatment of opiate dependency are addictive substances, that ((it)) they nevertheless ((has)) have several legal, important, and justified uses and that one of ((its)) their appropriate and legal uses is, in conjunction with other required therapeutic procedures, in the treatment of persons addicted to or habituated to opioids.
Because methadone ((is)) and other like pharmacological drugs, used in the treatment of opiate dependency are addictive and ((is)) are listed as a schedule II controlled substance in chapter 69.50 RCW, the state of Washington and authorizing counties on behalf of their citizens have the legal obligation and right to regulate the use of ((methadone)) opiate substitution treatment. The state of Washington declares its authority to control and regulate carefully, in cooperation with the authorizing counties, all clinical uses of methadone and other pharmacological drugs used in the treatment of ((opium)) opiate addiction.
Further, the state declares that the primary goal of ((methadone)) opiate substitution treatment is ((drug-free living)) total abstinence from chemical dependency for the individuals who participate in the treatment program. The state recognizes that a small percentage of persons who participate in opiate substitute treatment programs require treatment for an extended period of time. Opiate substitution treatment programs shall provide a comprehensive transition program to eliminate chemical dependency; including opiate and opiate substitute addiction of program participants.
Sec. 2. RCW 70.96A.410 and 1989 c 270 s 21 are each amended to read as follows:
(1) A county legislative authority may prohibit ((methadone)) opiate substitution treatment in that county. The department shall not certify ((a methadone)) an opiate substitution treatment program in a county where the county legislative authority has prohibited ((methadone)) opiate substitution treatment. If a county legislative authority authorizes ((methadone)) opiate substitution treatment programs, it shall limit by ordinance the number of ((methadone)) opiate substitution treatment programs operating in that county by limiting the number of licenses granted in that county. If a county has authorized ((methadone)) opiate substitution treatment programs in that county, it shall only license ((methadone)) opiate substitution treatment programs that comply with the department's operating and treatment standards under this section and RCW 70.96A.420. A county that authorizes ((methadone)) opiate substitution treatment may operate the programs directly or through a local health department or health district or it may authorize certified ((methadone)) opiate substitution treatment programs that the county licenses to provide the services within the county. Counties shall monitor ((methadone)) opiate substitution treatment programs for compliance with the department's operating and treatment regulations under this section and RCW 70.96A.420.
(2) A county that authorizes ((methadone)) opiate substitution treatment programs shall develop and enact by ordinance licensing standards, consistent with this chapter and the operating and treatment standards adopted under this chapter, that govern the application for, issuance of, renewal of, and revocation of the licenses. Certified programs existing before May 18, 1987, applying for renewal of licensure in subsequent years, that maintain certification and meet all other requirements for licensure, shall be given preference.
(3) In certifying programs, the department shall not discriminate against ((a methadone)) an opiate substitution treatment program on the basis of its corporate structure. In licensing programs, the county shall not discriminate against ((a methadone)) an opiate substitution treatment program on the basis of its corporate structure.
(4) A program applying for certification from the department and a program applying for a contract from a state agency that has been denied the certification or contract shall be provided with a written notice specifying the rationale and reasons for the denial. A program applying for a license or a contract from a county that has been denied the license or contract shall be provided with a written notice specifying the rationale and reasons for the denial.
(5) A license is effective for one calendar year from the date of issuance. The license shall be renewed in accordance with the provisions of this section for initial approval ((and in accordance with)); the goals for treatment programs under RCW 70.96A.400; the standards set forth in RCW 70.96A.420; and the rules adopted by the secretary.
(6) For the purpose of this chapter, opiate substitution treatment means dispensing an opiate substitution drug approved by the Federal Drug Administration for the treatment of opiate addiction and providing a comprehensive range of medical and rehabilitative services.
Sec. 3. RCW 70.96A.420 and 1989 c 270 s 22 are each amended to read as follows:
(1) The department, in consultation with ((methadone)) opiate substitution treatment service providers and counties authorizing ((methadone)) opiate substitution treatment programs, shall establish state-wide treatment standards for ((methadone)) opiate substitution treatment programs. The department and counties that authorize ((methadone)) opiate substitution treatment programs shall enforce these treatment standards. The treatment standards shall include, but not be limited to, reasonable provisions for all appropriate and necessary medical procedures, counseling requirements, urinalysis, and other suitable tests as needed to ensure compliance with this chapter ((and the treatment standard authorized by this chapter)). A ((methadone)) opiate substitution treatment program shall not have a caseload in excess of three hundred fifty persons.
(2) The department, in consultation with ((methadone)) opiate substitution treatment programs and counties authorizing ((methadone)) opiate substitution treatment programs, shall establish state-wide operating standards for ((methadone)) opiate substitution treatment programs. The department and counties that authorize ((methadone)) opiate substitution treatment programs shall enforce these operating standards. The operating standards shall include, but not be limited to, reasonable provisions necessary to enable the department and authorizing counties to monitor certified and licensed ((methadone)) opiate substitution treatment programs for compliance with this chapter and the treatment standards authorized by this chapter and to minimize the impact of the ((methadone)) opiate substitution treatment programs upon the business and residential neighborhoods in which the program is located.
(3) The department shall establish criteria for evaluating the compliance of opiate substitute treatment programs with the goals and standards established under this chapter. As a condition of certification, opiate substitution programs shall submit an annual report to the department and county legislative authority, including data as specified by the department necessary for outcome analysis. The department shall analyze and evaluate the data submitted by each treatment program and take corrective action where necessary to ensure compliance with the goals and standards enumerated under this chapter. Before January 1 of each year, the department shall submit an annual report to the legislature, including the outcome analysis of each treatment program."
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 1 of the title, after "treatment;" strike the remainder of the title and insert "and amending RCW 70.96A.400, 70.96A.410, and 70.96A.420."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute House Bill No. 1298, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1298, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1298, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298, 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. 1297, by Representatives Sehlin, Sommers and Carlson (by request of Department of Retirement Systems)
Calculating retiree benefits.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, House Bill No. 1297 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1297.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1297 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, 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.
Absent: Senator Deccio - 1.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1297, 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. 1295, by Representatives Carlson, Sommers, Sehlin and Basich (by request of Department of Retirement Systems)
Providing retirement system benefits upon death of member or retiree.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, House Bill No. 1295 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1295.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1295 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1295, 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. 1722, by Representatives Padden, Appelwick and Mastin (by request of Utilities and Transportation Commission)
Exempting the UTC from administrative law judge requirements.
The bill was read the second time.
MOTIONS
On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 34.12.020 and 1994 c 257 s 22 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4) "State agency" means any state board, commission, department, or officer authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth ((planning)) management hearings boards, the utilities and transportation commission, the pollution control hearings board, the shorelines hearings board, the forest practices appeals board, the environmental hearings office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment relations commission, the personnel appeals board, and the board of tax appeals.
Sec. 2. RCW 80.01.050 and 1961 c 14 s 80.01.050 are each amended to read as follows:
A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission, and may hold hearings at any time or place within or without the state. Any investigation, inquiry, or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or any ((examiner)) employee designated and authorized by the commission as provided in RCW 80.01.060. All investigations, inquiries, and hearings of the commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission.
Sec. 3. RCW 80.01.060 and 1991 c 48 s 1 are each amended to read as follows:
(1) The commission ((shall have the power to request the appointment of)) may designate employees of the commission as hearing examiners, administrative law judges ((under chapter 34.12 RCW)), and review judges when it deems such action necessary for its general administration. ((Such administrative law judges shall)) The designated employees have power to administer oaths, to issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and testimony, to examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules as the commission may adopt. (2) In general rate increase filings by a natural gas, electric, or telecommunications company, the designated employee may preside, but may not enter an initial order unless expressly agreed to in writing by the company making the filing. In all other cases, the designated employee may enter an initial order including findings of fact and conclusions of law in accordance with RCW 34.05.461(1)(a) and (c) and (3) through (9) or 34.05.485. RCW 34.05.461 (1)(b) and (2) do not apply to entry of orders under this section. The designated employee may not enter final orders, except that the commission may designate persons by rule to preside and enter final orders in emergency adjudications under RCW 34.05.479.
(3) If the designated employee does not enter an initial order as provided in subsection (2) of this section, then a majority of the members of the commission who are to enter the final order must hear or review substantially all of the record submitted by any party.
NEW SECTION. Sec. 4. RCW 34.12.042 and 1982 c 189 s 13 are each repealed."
On motion of Senator Sutherland, the following title amendment was adopted:
On line 2 of the title, after "commission;" strike the remainder of the title, and insert "amending RCW 34.12.020, 81.01.050, and 80.01.060; and repealing RCW 34.12.042."
MOTION
On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1722, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1722, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1722, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE HOUSE BILL NO. 1722, 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. 1404, by House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Buck and Basich) (by request of Department of Health)
Revising shellfish sanitation requirements to enhance the safety of recreationally and commercially harvested seafood.
The bill was read the second time.
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1404 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1404.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1404 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
SUBSTITUTE HOUSE BILL NO. 1404, 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. 1407, by Representatives K. Schmidt, R. Fisher, Horn, Chandler and Elliot (by request of Washington State Maritime Commission)
Transferring functions of the Maritime Commission to a nonprofit corporation.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1407 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1407.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1407 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1407, 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. 1468, by Representatives Hymes, Reams and Chopp (by request of Department of Community, Trade, and Economic Development)
Modifying advisory council on historic preservation representation.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, House Bill No. 1468 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1468.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1468 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1468, 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
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1557, by House Committee on Appropriations (originally sponsored by Representatives L. Thomas, Dellwo, Mielke, Wolfe, G. Fisher, Blanton and Poulsen) (by request of Insurance Commissioner Senn and Attorney General Gregoire)
Combatting insurance fraud.
The bill was read the second time.
MOTIONS
On motion of Senator Prentice, the following Committee on Financial Institutions and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. The payment of kickbacks, bribes, or rebates for referrals to service providers, as has been occurring with increasing regularity in this state, results in inflated or fraudulent insurance claims, results in greater insurance costs for all citizens, and is contrary to the public interest. In particular, the process whereby "cappers" buy and sell insurance claims without the controls of professional licensing and discipline creates a fertile ground for illegal activity and has, in this state, resulted in frauds committed against injured claimants, insurance companies, and the public. Operations that engage in this practice have some or all of the following characteristics: Cappers, acting under an agreement or understanding that they will receive a pecuniary benefit, refer claimants with real or imaginary claims, injuries, or property damage to service providers. This sets off a chain of events that corrupts both the provision of services and casualty or property insurance for all citizens. This chain of events includes false claims for services through the use of false estimates of repair; false prescriptions of care or rehabilitative therapy; services that either do not occur or are provided by persons unqualified to provide the services; submission of false claims; submission of and demands for fraudulent costs, lost wages, pain and suffering, and the like; and other devices meant to result in false claims under casualty or property insurance policies or contracts, whether insured or self-insured, and either directly or through subrogation.
The legislature finds that combatting these practices requires laws carefully fashioned to identify practices that mimic customary business practices. The legislature does not intend this law to be used against medical and other business referral practices that are otherwise legal, customary, and unrelated to the furtherance of some or all of the corrupt practices identified in this chapter.
NEW SECTION. Sec. 2. The definitions set forth in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Casualty or property insurance" includes both the insurance under which a claim is filed and insurance that receives a claim through subrogation, and means insurance as defined in RCW 48.11.040 and 48.11.070 and includes self-insurance arrangements.
(2) "Claimant" means a person who has or is believed by an actor to have an insurance claim.
(3) "Group-buying arrangement" means an arrangement made by a membership organization having one hundred or more members in which the organization asks for or receives valuable consideration in exchange for referring its members to a service provider; the consideration asked for or received will be or is used to benefit the entire organization, not just one or more individuals in positions of power or influence in the organization; and reasonable efforts are made to disclose to affected members of the organization the nature of the referral relationship, including the nature, extent, amount, and use of the consideration.
(4) "Health care services" means a service provided to a claimant for treatment of physical or mental illness or injury arising in whole or substantial part from trauma.
(5) "Insurance claim" means a claim for payment, benefits, or damages under a contract, plan, or policy of casualty or property insurance.
(6) "Legal provider" means an active member in good standing of the Washington state bar association, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law.
(7) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.
(8) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(9) "Trauma" means a physical injury or wound caused by external force or violence.
NEW SECTION. Sec. 3. (1) It is unlawful for a person:
(a) Knowing that the payment is for the referral of a claimant to a service provider, either to accept payment from a service provider or, being a service provider, to pay another; or
(b) To provide or claim or represent to have provided services to a claimant, knowing the claimant was referred in violation of (a) of this subsection.
(2) It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give, or pay all or any part of a claimant's casualty or property insurance deductible.
NEW SECTION. Sec. 4. In a proceeding under this chapter, it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense:
(1) The conduct alleged was authorized by the Rules of Professional Conduct or the Admission to Practice Rules for lawyers as adopted by the state supreme court, Washington business and professions licensing statutes, or rules adopted by the secretary of health or the director of licensing;
(2) The payment was an incidental nonmonetary gift or gratuity, or was purely social in nature;
(3) The conduct alleged was an exercise of a group-buying arrangement;
(4) The conduct alleged was a legal provider paying a service provider's bills from the proceeds of an insurance claim that included the bills;
(5) The conduct alleged was a legal provider paying for services of an expert witness, including reports, consultation, and testimony; or
(6) The conduct alleged was a service provider's purchase of advertising from an unrelated business that provides referrals from advertising for groups of ten or more service providers that are not related to the advertising business and not related to each other.
NEW SECTION. Sec. 5. A violation of section 3 of this act constitutes trafficking in insurance claims. A single violation is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.
NEW SECTION. Sec. 6. Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this section is a preponderance of the evidence. An action under this section must be brought within three years after the violation of this chapter occurred.
NEW SECTION. Sec. 7. Whenever a service provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under section 6 of this act, the attorney general or the prosecuting attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.
NEW SECTION. Sec. 8. A violation of this chapter is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this chapter is unprofessional conduct in violation of RCW 18.130.180.
NEW SECTION. Sec. 9. Each insurer licensed to write direct insurance in this state shall institute and maintain an insurance antifraud plan. An insurer licensed on the effective date of this act shall file its antifraud plan with the insurance commissioner no later than December 31, 1995. An insurer licensed after the effective date of this act shall file its antifraud plan within six months of licensure. An insurer shall file any change to the antifraud plan with the insurance commissioner within thirty days after the plan has been modified.
NEW SECTION. Sec. 10. An insurer's antifraud plan must establish specific procedures to:
(1) Prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud;
(2) Review claims in order to detect evidence of possible insurance fraud and to investigate claims where fraud is suspected;
(3) Report fraud to appropriate law enforcement agencies and cooperate with those agencies in their prosecution of fraud cases;
(4) Undertake civil actions against persons who have engaged in fraudulent activities;
(5) Train company employees and agents in the detection and prevention of fraud.
NEW SECTION. Sec. 11. If after review of an insurer's antifraud plan, the commissioner finds that the plan does not comply with section 10 of this act, the commissioner may disapprove the antifraud plan. Notice of disapproval must include a statement of the specific reasons for disapproval. The insurer shall refile a plan disapproved by the commissioner within sixty days of the date of the notice of disapproval. The commissioner may audit insurers to ensure compliance with antifraud plans.
NEW SECTION. Sec. 12. Each insurer shall annually provide to the insurance commissioner a summary report on actions taken under its antifraud plan to prevent and combat insurance fraud. The report must also include, but not be limited to, measures taken to protect and ensure the integrity of electronic data-processing-generated data and manually compiled data, statistical data on the amount of resources committed to combating fraud, and the amount of fraud identified and recovered during the reporting period. The antifraud plans and summary of the insurer's antifraud activities are not public records and are exempt from chapter 42.17 RCW, are proprietary, are not subject to public examination, and are not discoverable or admissible in civil litigation.
NEW SECTION. Sec. 13. An insurer that fails to file a timely antifraud plan or who does not make a good faith attempt to file an antifraud plan that complies with section 10 of this act, is subject to the penalty provisions of RCW 48.01.080, but no penalty may be imposed for the first filing made by an insurer under this chapter. An insurer that fails to follow the antifraud plan is subject to a civil penalty not to exceed ten thousand dollars for each violation, at the discretion of the commissioner after consideration of all relevant factors, including the willfulness of the violation.
NEW SECTION. Sec. 14. It is the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.
NEW SECTION. Sec. 15. A new section is added to chapter 42.17 RCW to read as follows:
Information provided under sections 9 through 12 of this act are exempt from disclosure under this chapter.
Sec. 16. RCW 48.01.030 and 1947 c 79 s .01.03 are each amended to read as follows:
The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, their providers, and their representatives rests the duty of preserving inviolate the integrity of insurance.
Sec. 17. RCW 48.18.460 and 1949 c 190 s 26 are each amended to read as follows:
An insurer shall furnish, upon ((written)) request of any person claiming to have a loss under any insurance contract, forms of proof of loss for completion by such person. But such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion. If a person makes a claim under a policy of insurance, the insurer may require that the person be examined under an oath administered by a person authorized by state or federal law to administer oaths.
Sec. 18. RCW 48.30.210 and 1990 1st ex.s. c 3 s 10 are each amended to read as follows:
((Any agent, solicitor, broker, examining physician or other)) A person who knowingly makes a false or ((fraudulent)) misleading statement or ((representation)) impersonation, or who willfully fails to reveal a material fact, in or relative to an application for insurance ((in)) to an insurer ((transacting insurance under the provisions of this code, shall be)), is guilty of a gross misdemeanor, and the license of any such ((agent, solicitor, or broker who makes such a statement or representation)) person may be revoked.
Sec. 19. RCW 48.30.220 and 1965 ex.s. c 70 s 25 are each amended to read as follows:
Any person, who, with intent to defraud or prejudice the insurer thereof, ((wilfully)) burns or in any manner injures, destroys, secretes, abandons, or disposes of any property which is insured at the time against loss or damage by fire, theft, ((or)) embezzlement, or ((by)) any other casualty, whether the same be the property of or in the possession of such person or any other person, under ((such)) circumstances not making the offense arson in the first degree, is guilty of a class C felony.
Sec. 20. RCW 48.50.010 and 1979 ex.s. c 80 s 1 are each amended to read as follows:
This chapter shall be known and may be cited as the ((Arson)) Insurance Fraud Reporting Immunity Act.
Sec. 21. RCW 48.50.020 and 1986 c 266 s 77 are each amended to read as follows:
As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Authorized agency" means a public agency or its official representative having legal authority to investigate criminal activity or the cause of a fire ((and)) or to initiate criminal proceedings ((or further investigations if the cause was not accidental)), including the following persons and agencies:
(a) The ((director)) department of community, trade, and economic development and the director of fire protection;
(b) The prosecuting attorney of the county where the ((fire)) criminal activity occurred;
(c) State, county, and local law enforcement agencies;
(d) The state attorney general((, when engaged in a prosecution which is or may be connected with the fire));
(((d))) (e) The Federal Bureau of Investigation, or any other federal law enforcement agency; ((and
(e))) (f) The United States attorney's office ((when authorized or charged with investigation or prosecution concerning the fire)); and
(g) The office of the insurance commissioner.
(2) "Insurer" means any insurer, as defined in RCW 48.01.050((, which insures against loss by fire, and includes insurers under the Washington F.A.I.R. plan)) and any self-insurer.
(3) "Relevant information" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of criminal activity or the cause of any fire more probable or less probable than it would be without the information.
Sec. 22. RCW 48.50.030 and 1979 ex.s. c 80 s 3 are each amended to read as follows:
(1) Any authorized agency may request, in writing, that an insurer release to the agency any or all relevant information or evidence which the insurer may have in its possession relating to ((a particular fire loss)) criminal activity, if such information or evidence is deemed important by the agency in its discretion.
(2) An insurer who has reason to believe that a person participated or is participating in criminal activity relating to a contract of insurance may report relevant information to an authorized agency.
(3) The information ((requested)) provided to an authorized agency under this section may include, without limitation:
(a) Pertinent insurance policy information relating to a ((fire loss)) claim under investigation and any application for such a policy;
(b) Policy premium payment records which are available;
(c) History of previous claims ((made by the insured)) in which the person was involved; and
(d) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence found in the investigation.
(((2) An)) (4) The insurer receiving a request under subsection (1) of this section shall furnish all relevant information requested to the agency within a reasonable time, orally or in writing((, all relevant information requested)).
Sec. 23. RCW 48.50.040 and 1986 c 266 s 91 are each amended to read as follows:
(1) When an insurer has reason to believe that a fire loss reported to the insurer may be of other than accidental cause, the insurer shall notify the ((director)) department of community, trade, and economic development, through the director of fire protection, in the manner prescribed under RCW 48.05.320 concerning the circumstances of the fire loss, including any and all relevant material developed from the insurer's inquiry into the fire loss.
(2) Notification of the ((director)) department of community, trade, and economic development, through the director of fire protection, under subsection (1) of this section does not relieve the insurer of the duty to respond to a request for information from any other authorized agency and does not bar an insurer from other reporting under RCW 48.50.030(2).
Sec. 24. RCW 48.50.075 and 1981 c 320 s 2 are each amended to read as follows:
In denying a claim ((resulting from a fire)), an insurer who relies upon a written opinion from an authorized agency specifically enumerated in (((a) through (e) of)) RCW 48.50.020(1) (a) through (g) that ((the fire was caused by arson)) criminal activity that is related to that claim is being investigated, or a crime has been charged, and that the ((insured was responsible for the fire, shall not be)) claimant is a target of the investigation or has been charged with a crime, is not liable for bad faith or other noncontractual theory of damages as a result of this reliance.
Immunity under this section shall exist only so long as the incident for which the ((insured)) claimant may be responsible is under active investigation or prosecution, or the authorized agency states its position that the claim includes or is a result of ((arson for)) criminal activity in which the ((insured)) claimant was ((responsible)) a participant.
Sec. 25. RCW 48.80.020 and 1986 c 243 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Claim" means any attempt to cause a health care payer to make a health care payment.
(2) "Deceptive" means presenting a claim to a health care payer that contains a statement of fact or fails to reveal a material fact, leading the health care payer to believe that the represented or suggested state of affairs is other than it actually is. For the purposes of this chapter, the determination of what constitutes a material fact is a question of law to be resolved by the court.
(3) "False" means wholly or partially untrue or deceptive.
(4) "Health care payment" means a payment for health care services or the right under a contract, certificate, or policy of insurance to have a payment made by a health care payer for a specified health care service.
(5) "Health care payer" means any insurance company authorized to provide health insurance in this state, any health care service contractor authorized under chapter 48.44 RCW, any health maintenance organization authorized under chapter 48.46 RCW, any legal entity which is self-insured and providing health care benefits to its employees, ((or)) and any insurer or other person responsible for paying for health care services.
(6) "Person" means an individual, corporation, partnership, association, or other legal entity.
(7) "Provider" means any person lawfully licensed or authorized to render any health service.
Sec. 26. RCW 2.48.180 and 1989 c 117 s 13 are each amended to read as follows:
((Any person who, not being an active member of the state bar, or who after he has been disbarred or while suspended from membership in the state bar, as by this chapter provided, shall))
(1) As used in this section:
(a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law;
(b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the state bar, including persons who are disbarred or suspended from membership;
(c) "Ownership interest" means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law((, shall, except as provided in RCW 19.154.100, be guilty of a misdemeanor: PROVIDED, HOWEVER, Nothing herein contained shall be held to in any way affect the power of the courts to grant injunctive relief or to punish as for contempt));
(b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business;
(c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law;
(d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.
(4) Nothing contained in this section affects the power of the courts to grant injunctive or other equitable relief or to punish as for contempt.
(5) Whenever a legal provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under this section, the plaintiff's attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.
(6) A violation of this section is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense, the conduct alleged was authorized by the Rules of Professional Conduct or the Admission to Practice Rules, or Washington business and professions licensing statutes or rules.
(8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection must be brought within three years after the violation of this chapter occurred.
Sec. 27. RCW 9.12.010 and 1915 c 165 s 1 are each amended to read as follows:
Every person who ((shall)) brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant ((therein; and every person, being an attorney or counselor at law, who shall personally, or through the agency of another, solicit employment as such attorney, in any suit pending or prospective, or, with intent to obtain such employment shall, directly or indirectly, loan any money or give or promise to give any money, property or other consideration to the person from whom such employment is sought; and every person who shall)) in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process ((shall be)), is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.
Sec. 28. RCW 9.94A.320 and 1994 sp.s. c 7 s 510, 1994 c 275 s 20, and 1994 c 53 s 2 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Theft of a Firearm (RCW 9A.56.300)
Reckless Endangerment 1 (RCW 9A.36.045)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Sexually Violating Human Remains (RCW 9A.44.105)
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Commercial Bribery (section 29 of this act)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal Mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Unlawful Practice of Law (RCW 2.48.180)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Trafficking in Insurance Claims (section 3 of this act)
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
Health Care False Claims (RCW 48.80.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec. 29. A new section is added to chapter 9A.68 RCW to read as follows:
(1) For purposes of this section:
(a) "Claimant" means a person who has or is believed by an actor to have an insurance claim.
(b) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.
(c) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(d) "Trusted person" means:
(i) An agent, employee, or partner of another;
(ii) An administrator, executor, conservator, guardian, receiver, or trustee of a person or an estate, or any other person acting in a fiduciary capacity;
(iii) An accountant, appraiser, attorney, physician, or other professional adviser;
(iv) An officer or director of a corporation, or any other person who participates in the affairs of a corporation, partnership, or unincorporated association; or
(v) An arbitrator, mediator, or other purportedly disinterested adjudicator or referee.
(2) A person is guilty of commercial bribery if:
(a) He or she offers, confers, or agrees to confer a pecuniary benefit directly or indirectly upon a trusted person under a request, agreement, or understanding that the trusted person will violate a duty of fidelity or trust arising from his or her position as a trusted person;
(b) Being a trusted person, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself, herself, or another under a request, agreement, or understanding that he or she will violate a duty of fidelity or trust arising from his or her position as a trusted person; or
(c) Being an employee or agent of an insurer, he or she requests, accepts, or agrees to accept a pecuniary benefit for himself or herself, or a person other than the insurer, under a request, agreement, or understanding that he or she will or a threat that he or she will not refer or induce claimants to have services performed by a service provider.
(3) It is not a defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not yet assumed his or her position, lacked authority, or for any other reason.
(4) Commercial bribery is a class B felony.
Sec. 30. RCW 9A.72.010 and 1981 c 187 s 1 are each amended to read as follows:
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) "Materially false statement" means any false statement oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a false statement is material shall be determined by the court as a matter of law;
(2) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated; in this chapter, written statements shall be treated as if made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;
(b) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(c) It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which is certified or declared to be true under penalty of perjury as provided in RCW 9A.72.085.
(3) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute or regulatory provision or when the oath is administered by a person authorized by state or federal law to administer oaths;
(4) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions;
(5) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury; the term juror also includes any person who has been drawn or summoned to attend as a prospective juror;
(6) "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.
Sec. 31. RCW 9A.72.030 and 1975 1st ex.s. c 260 s 9A.72.030 are each amended to read as follows:
(1) A person is guilty of perjury in the second degree if, in an examination under oath under the terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.
(2) Perjury in the second degree is a class C felony.
NEW SECTION. Sec. 32. A new section is added to chapter 9A.76 RCW to read as follows:
A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.
Sec. 33. RCW 9A.76.020 and 1994 c 196 s 1 are each amended to read as follows:
(1) A person is guilty of obstructing a law enforcement officer if the person((:
(a) Willfully makes a false or misleading statement to a law enforcement officer who has detained the person during the course of a lawful investigation or lawful arrest; or
(b))) willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.
(2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross misdemeanor.
Sec. 34. RCW 9A.82.010 and 1994 c 218 s 17 are each amended to read as follows:
Unless the context requires the contrary, the definitions in this section apply throughout this chapter.
(1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.
(2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.
(3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.
(6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.
(7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
(8) "Dealer in property" means a person who buys and sells property as a business.
(9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.
(10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.
(11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;
(f) Child selling or child buying, as defined in RCW 9A.64.030;
(g) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
(h) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;
(i) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;
(j) Extortionate extension of credit, as defined in RCW 9A.82.020;
(k) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(l) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;
(m) Collection of an unlawful debt, as defined in RCW 9A.82.045;
(n) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;
(o) Trafficking in stolen property, as defined in RCW 9A.82.050;
(p) Leading organized crime, as defined in RCW 9A.82.060;
(q) Money laundering, as defined in RCW 9A.83.020;
(r) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(s) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;
(t) Promoting pornography, as defined in RCW 9.68.140;
(u) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;
(v) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;
(w) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(x) Assault, as defined in RCW 9A.36.011 and 9A.36.021;
(y) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
(z) A pattern of equity skimming, as defined in RCW 61.34.020; ((or))
(aa) Commercial telephone solicitation in violation of RCW 19.158.040(1);
(bb) Trafficking in insurance claims, as defined in section 3 of this act;
(cc) Unlawful practice of law, as defined in RCW 2.48.180;
(dd) Commercial bribery, as defined in section 29 of this act;
(ee) Health care false claims, as defined in RCW 48.80.030; or
(ff) Unlicensed practice of a profession or business, as defined in RCW 18.130.190(7).
(15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.
(16) "Records" means any book, paper, writing, record, computer program, or other material.
(17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.
(19)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or
(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.
(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.
(c) A beneficial interest shall be considered to be located where the real property owned by the trustee is located.
(20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(21)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
(iii) A successor trustee to a person who is a trustee under subsection (21)(a) (i) or (ii) of this section.
(b) "Trustee" does not mean a person appointed or acting as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a bond is issued; or
(iv) A trustee under a deed of trust.
Sec. 35. RCW 18.130.190 and 1993 c 367 s 19 are each amended to read as follows:
(1) The secretary shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. In the investigation of the complaints, the secretary shall have the same authority as provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to issue a cease and desist order to any person whom the secretary has reason to believe is engaged in the unlicensed practice of a profession or business for which a license is required by the chapters specified in RCW 18.130.040. The person to whom such notice is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intention to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(3) If the secretary makes a final determination that a person has engaged or is engaging in unlicensed practice, the secretary may issue a cease and desist order. In addition, the secretary may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed practice of a business or profession for which a license is required by one or more of the chapters specified in RCW 18.130.040. The proceeds of such fines shall be deposited to the health professions account.
(4) If the secretary makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the secretary may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the secretary. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the secretary may enter a permanent cease and desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.
(6) The attorney general, a county prosecuting attorney, the secretary, a board, or any person may in accordance with the laws of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by the chapters specified in RCW 18.130.040 without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
(7) Unlicensed practice of a profession or operating a business for which a license is required by the chapters specified in RCW 18.130.040, unless otherwise exempted by law, constitutes a gross misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony. All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the health professions account.
NEW SECTION. Sec. 36. The Washington State Bar Association is requested to submit to the appropriate committees of the state senate and house of representatives by November 1995, a report on the recommendations of its task force on nonlawyer practice, including any recommendations for legislation or proposed court rules.
NEW SECTION. Sec. 37. The following acts or parts of acts are each repealed:
(1) RCW 9.91.090 and 1992 c 7 s 17, 1981 c 203 s 4, & 1909 c 249 s 384;
(2) RCW 9A.82.903 and 1985 c 455 s 22;
(3) RCW 48.50.060 and 1979 ex.s. c 80 s 6;
(4) RCW 48.50.080 and 1979 ex.s. c 80 s 8; and
(5) RCW 49.44.070 and 1909 c 249 s 427.
NEW SECTION. Sec. 38. Sections 1 through 14 of this act constitute a new chapter in Title 48 RCW.
NEW SECTION. Sec. 39. 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 July 1, 1995."
On motion of Senator Prentice, the following title amendment was adopted:
On line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 48.01.030, 48.18.460, 48.30.210, 48.30.220, 48.50.010, 48.50.020, 48.50.030, 48.50.040, 48.50.075, 48.80.020, 2.48.180, 9.12.010, 9A.72.010, 9A.72.030, 9A.76.020, 9A.82.010, and 18.130.190; reenacting and amending RCW 9.94A.320; adding a new section to chapter 42.17 RCW; adding a new section to chapter 9A.68 RCW; adding a new section to chapter 9A.76 RCW; adding a new chapter to Title 48 RCW; creating a new section; repealing RCW 9.91.090, 9A.82.903, 48.50.060, 48.50.080, and 49.44.070; prescribing penalties; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Second Substitute House Bill No. 1557, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1557, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1557, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, Moyer, 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 - 48.
Excused: Senator Anderson, C. - 1.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1557, 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. 1583, by Representatives L. Thomas, Backlund, Huff, Chappell, Wolfe, Buck and Kessler (by request of State Auditor Sonntag)
Changing whistleblower provisions.
The bill was read the second time.
MOTIONS
On motion of Senator Sheldon, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.41.030 and 1992 c 44 s 3 are each amended to read as follows:
(1) Every local government employee has the right to report to the appropriate person or persons information concerning an alleged improper governmental action.
(2) The governing body or chief administrative officer of each local government shall adopt a policy on the appropriate procedures to follow for reporting such information and shall provide information to their employees on the policy. Local governments are encouraged to consult with their employees on the policy.
(3) The policy shall describe the appropriate person or persons within the local government to whom to report information and a list of appropriate person or persons outside the local government to whom to report. The list shall include the county prosecuting attorney.
(4) Each local government shall permanently post a summary of the procedures for reporting information on an alleged improper governmental action and the procedures for protection against retaliatory actions described in RCW 42.41.040 in a place where all employees will have reasonable access to it. A copy of the summary shall be made available to any employee upon request.
(5) A local government may require as part of its policy that, except in the case of an emergency, before an employee provides information of an improper governmental action to a person or an entity who is not a public official or a person listed pursuant to subsection (3) of this section, the employee shall submit a written report to the local government. Where a local government has adopted such a policy under this section, an employee who fails to make a good faith attempt to follow the policy shall not receive the protections of this chapter. (6) If a local government has failed to adopt a policy as required by subsection (2) of this section, an employee may report alleged improper government action directly to the county prosecuting attorney or, if the prosecuting attorney or an employee of the prosecuting attorney participated in the alleged improper government action, to the state auditor. The cost incurred by the state auditor in such investigations shall be paid by the local government through the municipal revolving account authorized in RCW 43.09.282.
(7) The identity of a reporting employee shall be kept confidential to the extent possible under law, unless the employee authorizes the disclosure of his or her identity in writing."
On motion of Senator Sheldon, the following title amendment was adopted:
On page 1, line 1 of the title, after "reporting;" strike the remainder of the title and insert "and amending RCW 42.41.030."
MOTION
On motion of Senator Sheldon, the rules were suspended, House Bill No. 1583, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1583, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1583, 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 Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, 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.
Absent: Senator McDonald - 1.
Excused: Senator Anderson, C. - 1.
HOUSE BILL NO. 1583, 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.
MOTION
At 3:26 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:14 p.m. by President Pritchard.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
April 7, 1995
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2010, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8406 by Senators Gaspard and Snyder
Adopting the joint rules.
HELD.
INTRODUCTION AND FIRST READING OF HOUSE BILL
E2SHB 2010 by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, Quall, Sherstad, Chandler, Schoesler, Radcliff and Blanton)
Revising corrections provisions.
Referred to Committee on Human Services and Corrections.
MOTION
On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8406 was advanced to second reading and placed on the second reading calendar.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1190, by Representatives K. Schmidt, R. Fisher, Mitchell and Koster (by request of Department of Transportation)
Transferring the aeronautics account and the aircraft search and rescue, safety, and education account to the transportation fund.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1190 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
MOTION
On motion of Senator Kohl, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1190.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1190 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, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.
Absent: Senator Schow - 1.
Excused: Senators Anderson, C. and Loveland - 2.
HOUSE BILL NO. 1190, 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. 1192, by House Committee on Transportation (originally sponsored by Representatives Robertson, R. Fisher and K. Schmidt) (by request of Department of Transportation)
Revising vehicle load fees.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1192 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
MOTION
On motion of Senator Kohl, Senator Rinehart was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1192.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1192 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.
Absent: Senator Moyer - 1.
Excused: Senators Anderson, C., Loveland and Rinehart - 3.
SUBSTITUTE HOUSE BILL NO. 1192, 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. 1193, by Representatives Benton, Mitchell, K. Schmidt and R. Fisher (by request of Department of Transportation)
Giving the department of transportation discretion in setting capital facility rental rates.
The bill was read the second time.
MOTIONS
On motion of Senator Owen, the following Committee on Transportation amendment was adopted:
On page 1, beginning on line 6, strike all material through line 9 and insert: "((By July 1, 1991, the department shall set and charge reasonable rental rates for the use of its real property, buildings, or structures. The department shall deposit receipts from the charges in the transportation capital facilities account.))"
On motion of Senator Owen, the rules were suspended, House Bill No. 1193, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
MOTION
On motion of Senator Wood, Senators Deccio, McDonald, Moyer and Sellar were excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1193, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1193, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, 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.
Excused: Senators Anderson, C., Deccio, Loveland, McDonald, Moyer, Rinehart and Sellar - 7.
HOUSE BILL NO. 1193, 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. 1680, by House Committee on Law and Justice (originally sponsored by Representatives Hickel, Appelwick and Padden) (by request of Administrator for the Courts)
Revising the distribution of interest on court fines.
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 3.02.045 and 1994 c 301 s 1 are each amended to read as follows:
(1) Courts of limited jurisdiction may use collection agencies under chapter 19.16 RCW for purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the courts. Courts of limited jurisdiction may enter into agreements with one or more attorneys or collection agencies for collection of outstanding penalties, fines, costs, assessments, and forfeitures. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate. Such agreements may authorize collection agencies to retain all or any portion of the interest collected on these accounts.
(2) Courts of limited jurisdiction may use credit cards or debit cards for purposes of billing and collecting unpaid penalties, fines, costs, assessments, and forfeitures so imposed. Courts of limited jurisdiction may enter into agreements with one or more financial institutions for the purpose of the collection of penalties, fines, costs, assessments, and forfeitures. The agreements may specify conditions, remuneration for services, and other charges deemed appropriate.
(3) Servicing of delinquencies by collection agencies or by collecting attorneys in which the court retains control of its delinquencies shall not constitute assignment of debt.
(4) For purposes of this section, the term debt shall include penalties, fines, costs, assessments, or forfeitures imposed by the courts.
(5) The court may assess as court costs the moneys paid for remuneration for services or charges paid to collecting attorneys, to collection agencies, or, in the case of credit cards, to financial institutions.
Sec. 2. RCW 3.46.120 and 1988 c 169 s 1 are each amended to read as follows:
(1) All money received by the clerk of a municipal department including penalties, fines, bail forfeitures, fees and costs shall be paid by the clerk to the city treasurer.
(2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
Sec. 3. RCW 3.50.100 and 1988 c 169 s 2 are each amended to read as follows:
(1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington.
(2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
Sec. 4. RCW 35.20.220 and 1988 c 169 s 6 are each amended to read as follows:
(1) The chief clerk, under the supervision and direction of the court administrator of the municipal court, shall have the custody and care of the books, papers and records of said court; he shall be present by himself or deputy during the session of said court, and shall have the power to swear all witnesses and jurors, and administer oaths and affidavits, and take acknowledgments. He shall keep the records of said court, and shall issue all process under his hand and the seal of said court, and shall do and perform all things and have the same powers pertaining to his office as the clerks of the superior courts have in their office. He shall receive all fines, penalties and fees of every kind, and keep a full, accurate and detailed account of the same; and shall on each day pay into the city treasury all money received for said city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.
(2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
Sec. 5. RCW 3.62.020 and 1988 c 169 s 3 are each amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the division of municipal corporations, noting the information necessary for crediting of such funds as required by law.
(2) The county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
Sec. 6. RCW 3.62.040 and 1988 c 169 s 4 are each amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.
(2) The city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs, to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
(4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.
Sec. 7. RCW 10.82.090 and 1989 c 276 s 3 are each amended to read as follows:
Financial obligations imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments. All nonrestitution interest retained by the court shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
Sec. 8. RCW 36.18.190 and 1994 c 185 s 9 are each amended to read as follows:
Superior court clerks may contract with collection agencies or may use county collection services for the collection of unpaid court obligations. The costs for the agencies or county services shall be paid by the debtor. By agreement, clerks may authorize collection agencies to retain all or any portion of the interest collected on these accounts. Collection may not be initiated with respect to a criminal offender who is under the supervision of the department of corrections without the prior agreement of the department.
Any contract with a collection agency shall be awarded only after competitive bidding. Factors that a court clerk shall consider in awarding a collection contract include but are not limited to: (1) A collection agency's history and reputation in the community; and (2) the agency's access to a local data base that may increase the efficiency of its collections.
The servicing of an unpaid court obligation does not constitute assignment of a debt, and no contract with a collection agency may remove the court's control over unpaid obligations owed to the court."
On motion of Senator Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "fines;" strike the remainder of the title and insert "and amending RCW 3.02.045, 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, 10.82.090, and 36.18.190."
MOTION
On motion of Senator Smith, the rules were suspended, Substitute House Bill No. 1680, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1680, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1680, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.
Absent: Senator McCaslin - 1.
Excused: Senators Anderson, C., Deccio, Loveland, McDonald, Moyer, Rinehart and Sellar - 7.
SUBSTITUTE HOUSE BILL NO. 1680, 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. 1063, by Representatives Padden and Mastin (by request of Law Revision Commission)
Making technical corrections.
The bill was read the second time.
MOTION
On motion of Senator Smith, the rules were suspended, House Bill No. 1063 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
MOTION
On motion of Senator Ann Anderson, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1063.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1063 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.
Excused: Senators Anderson, C., Deccio, Loveland, McCaslin, McDonald, Moyer, Rinehart and Sellar - 8.
HOUSE BILL NO. 1063, 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. 1064, by Representatives Padden and Appelwick (by request of Law Revision Commission)
Correcting unconstitutional provisions relating to resident employees on public works.
The bill was read the second time.
MOTION
On motion of Senator Sheldon, the rules were suspended, House Bill No. 1064 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1064.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1064 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.
Absent: Senator Smith - 1.
Excused: Senators Anderson, C., Deccio, Loveland, McCaslin, McDonald, Moyer, Rinehart and Sellar - 8.
HOUSE BILL NO. 1064, 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. 1081, by Representatives Radcliff, Blanton, Costa, Koster, Ballasiotes, Cole, Dickerson, Basich and Mitchell (by request of Department of Corrections)
Specifying sentencing conditions for felons who commit additional felonies.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, House Bill No. 1081 was advanced to third reading, the second reading considered the third and the bill was placed on final passsage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1081.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1081 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.
Excused: Senators Anderson, C., Deccio, Loveland, McCaslin, McDonald, Moyer, Rinehart and Sellar - 8.
HOUSE BILL NO. 1081, 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 4:45 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Tuesday, April 11, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate