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THIRTY-SECOND DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, February 12, 1998

      The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Anderson, Benton, Brown, Hargrove, Haugen, Heavey, Patterson, Rasmussen, Strannigan, West and Zarelli. On motion of Senator Hale, Senators Benton, Strannigan and Zarelli were excused. On motion of Senator Franklin, Senators Brown, Haugen, Heavey, Patterson and Rasmussen were excused.

      The Sergeant at Arms Color Guard consisting of Pages Lia Frederiksen and Shani Ledah, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, offered the prayer.


MOTION


      On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.

 

MESSAGES FROM THE HOUSE

February 10, 1998

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1405,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1898,

      HOUSE BILL NO. 2314,

      SUBSTITUTE HOUSE BILL NO. 2333,

      HOUSE BILL NO. 2343,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2344,

      HOUSE BILL NO. 2376,

      SUBSTITUTE HOUSE BILL NO. 2394,

      SUBSTITUTE HOUSE BILL NO. 2413,

      SUBSTITUTE HOUSE BILL NO. 2442,

      SUBSTITUTE HOUSE BILL NO. 2445,

      HOUSE BILL NO. 2472,

      HOUSE BILL NO. 2474,

      SUBSTITUTE HOUSE BILL NO. 2481,

      HOUSE BILL NO. 2503,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2508,

      SUBSTITUTE HOUSE BILL NO. 2511,

      SUBSTITUTE HOUSE BILL NO. 2523,

      SUBSTITUTE HOUSE BILL NO. 2529,

      HOUSE BILL NO. 2534, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 10, 1998

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 2356,

      SUBSTITUTE HOUSE BILL NO. 2364,

      SUBSTITUTE HOUSE BILL NO. 2368,

      HOUSE BILL NO. 2383,

      SUBSTITUTE HOUSE BILL NO. 2386,

      SUBSTITUTE HOUSE BILL NO. 2399,

      SUBSTITUTE HOUSE BILL NO. 2411,

      HOUSE BILL NO. 2463,

      HOUSE BILL NO. 2499,

      HOUSE BILL NO. 2500,

      HOUSE BILL NO. 2515,

      HOUSE BILL NO. 2516,

      SUBSTITUTE HOUSE BILL NO. 2525,

      HOUSE BILL NO. 2550,

      SUBSTITUTE HOUSE BILL NO. 2560,

      HOUSE BILL NO. 2582,

      SUBSTITUTE HOUSE BILL NO. 2613,

      HOUSE BILL NO. 2665,

      SUBSTITUTE HOUSE BILL NO. 2672,

      HOUSE BILL NO. 2717,

      HOUSE BILL NO. 2723,

      HOUSE JOINT MEMORIAL NO. 4014, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 10, 1998

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346,

      SUBSTITUTE HOUSE BILL NO. 2366,

      SUBSTITUTE HOUSE BILL NO. 2369,

      SUBSTITUTE HOUSE BILL NO. 2401,

      HOUSE BILL NO. 2402,

      HOUSE BILL NO. 2441,

      HOUSE BILL NO. 2444,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477,

      HOUSE BILL NO. 2486,

      ENGROSSED HOUSE BILL NO. 2501,

      HOUSE BILL NO. 2548,

      HOUSE BILL NO. 2557,

      HOUSE BILL NO. 2568,

      SUBSTITUTE HOUSE BILL NO. 2634,

      SUBSTITUTE HOUSE BILL NO. 2656,

      ENGROSSED HOUSE BILL NO. 2707,

      HOUSE BILL NO. 2732,

      HOUSE BILL NO. 2735,

      HOUSE BILL NO. 2784,

      SUBSTITUTE HOUSE BILL NO. 2790,

      SUBSTITUTE HOUSE BILL NO. 2826,

      HOUSE BILL NO. 2841,

      HOUSE BILL NO. 2847,

      HOUSE BILL NO. 2907,

      HOUSE BILL NO. 2908,

      SUBSTITUTE HOUSE BILL NO. 2910,

      SUBSTITUTE HOUSE BILL NO. 2914,

      SUBSTITUTE HOUSE BILL NO. 2931,

      HOUSE BILL NO. 2954,

      HOUSE BILL NO. 2965,

      SUBSTITUTE HOUSE BILL NO. 2977,

      SUBSTITUTE HOUSE BILL NO. 2988,

      SUBSTITUTE HOUSE BILL NO. 2989,

      HOUSE BILL NO. 3050,

      SUBSTITUTE HOUSE BILL NO. 3056,

      SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 10, 1998

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1619,

      SUBSTITUTE HOUSE BILL NO. 1977,

      HOUSE BILL NO. 2537,

      HOUSE BILL NO. 2558,

      HOUSE BILL NO. 2574,

      SUBSTITUTE HOUSE BILL NO. 2576,

      HOUSE BILL NO. 2577,

      SUBSTITUTE HOUSE BILL NO. 2588,

      SUBSTITUTE HOUSE BILL NO. 2611,

      HOUSE BILL NO. 2663,

      SUBSTITUTE HOUSE BILL NO. 2680,

      HOUSE BILL NO. 2682,

      SUBSTITUTE HOUSE BILL NO. 2688,

      HOUSE BILL NO. 2692,

      HOUSE BILL NO. 2704,

      SUBSTITUTE HOUSE BILL NO. 2710,

      HOUSE BILL NO. 2788,

      HOUSE BILL NO. 2797,

      SUBSTITUTE HOUSE BILL NO. 2842,

      SUBSTITUTE HOUSE BILL NO. 2858,

      SUBSTITUTE HOUSE BILL NO. 2888,

      SUBSTITUTE HOUSE BILL NO. 2890,

      SUBSTITUTE HOUSE BILL NO. 2917,

      SUBSTITUTE HOUSE BILL NO. 2932,

      HOUSE BILL NO. 2945,

      SUBSTITUTE HOUSE BILL NO. 2953,

      SUBSTITUTE HOUSE BILL NO. 2998,

      SUBSTITUTE HOUSE BILL NO. 3001,

      HOUSE JOINT MEMORIAL NO. 4030, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

HB 1405            by Representatives McMorris, Robertson, Wood, Conway, Boldt and Delvin

 

Authorizing joint bingo games.

 

Referred to Committee on Commerce and Labor.

 

2SHB 1501        by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Robertson, Scott and Mielke) (by request of Department of Licensing)

 

Clarifying and making technical corrections to driver's license statutes.

 

Referred to Committee on Law and Justice.

 

ESHB 1619        by House Committee on Health Care (originally sponsored by Representatives Zellinsky, Dyer, Cody, Skinner, Parlette, Sherstad and Clements)

 

Increasing compensation for members of medical boards.

 

Referred to Committee on Health and Long-Term Care.

 

ESHB 1769        by House Committee on Health Care (originally sponsored by Representatives Zellinsky, Sheldon and L. Thomas)

 

Providing for the electronic transfer of prescriptions.

 

Referred to Committee on Health and Long-Term Care.

 

E2SHB 1898      by House Committee on Appropriations (originally sponsored by Representatives Johnson, Cole, Blalock, Zellinsky, Cooper, Tokuda, Dickerson, Keiser, Regala, Ogden, Conway and Linville) (by request of Board of Education)

 

Establishing teacher assessments for certification.

 

Referred to Committee on Education.

 

SHB 1977          by House Committee on Education (originally sponsored by Representatives Honeyford, Boldt and Dunn)

 

Allowing arrangements for running start students to attend out-of-state community colleges.

 

Referred to Committee on Education.

 

HB 2314            by Representatives Hatfield, Honeyford and Conway (by request of Department of Labor and Industries)

 

Recovering industrial insurance benefit payments.

 

Referred to Committee on Commerce and Labor.

 

SHB 2333          by House Committee on Education (originally sponsored by Representatives Hickel, Johnson and B. Thomas)

 

Allowing school districts to allow students funded at basic transportation rates to use school transportation that qualifies for special transportation rates.

 

Referred to Committee on Education.

 

HB 2343            by Representatives Hickel and Johnson

 

Changing school safety provisions.

 

Referred to Committee on Education.

 

ESHB 2344        by House Committee on House Government Reform and Land Use (originally sponsored by Representatives Reams, Dyer and Sullivan)

 

Attempting to integrate planning, review, and terminology among growth management, environmental and ecological protection, and other related areas.

 

Referred to Committee on Government Operations.

 

ESHB 2346        by House Committee on Select Vendor Committee (originally sponsored by Representatives Clements, Scott, Dickerson, Gardner, Hatfield, Anderson, Dyer, Thompson, O'Brien, Boldt, Skinner, D. Schmidt, Mulliken and Backlund) (by request of Department of Social and Health Services)

 

Allowing the department of social and health services to recover revenue from vendors that have been overpaid.

 

Referred to Committee on Human Services and Corrections.

 

HB 2356            by Representatives Reams, Romero, Gardner and Linville (by request of Department of Revenue)

 

Eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment.

 

Referred to Committee on Government Operations.

 

SHB 2364          by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody and Backlund) (by request of Department of Health)

 

Extending the time for the secretary of health to establish administrative procedures and requirements for health professions.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2366          by House Committee on Health Care (originally sponsored by Representatives Carlson, Pennington, Radcliff, Mielke, Mulliken, Boldt, Gardner, Sheahan, Bush, Anderson, Mitchell, Dyer, Schoesler and McDonald)

 

Providing free infectious disease testing to good samaritans.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2368          by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Carlson, Kenney, Radcliff, Gardner, Anderson, Constantine and Mason)

 

Requiring sex offenders and kidnappers on college campuses to register with campus security.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2369          by House Committee on Law and Justice (originally sponsored by Representatives Carlson, Sheahan, Radcliff, Constantine, Kastama, Mulliken, Gardner, Linville, Benson, Kessler, Anderson, Mitchell, Schoesler, D. Sommers, Van Luven, Dunn, Lambert, Boldt and McDonald)

 

Prohibiting slayers from receiving benefits because of the victim's death.

 

Referred to Committee on Law and Justice.

 

HB 2376            by Representatives Carlson, Kenney, Radcliff, Mason, Talcott and Conway

 

Changing Washington award for vocational excellence provisions.

 

Referred to Committee on Higher Education.

 

HB 2383            by Representatives Dunn, Carlson, Pennington, Sheahan, Mulliken, Gardner and Dunshee

 

Concerning the crime of possessing stolen property in the second degree.

 

Referred to Committee on Law and Justice.

 

SHB 2386          by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Appelwick, Constantine, Kenney and Costa)

 

Creating the revised uniform partnership act.

 

Referred to Committee on Law and Justice.

 

SHB 2394          by House Committee on Appropriations (originally sponsored by Representatives Alexander, D. Schmidt, H. Sommers, Gardner, Doumit, Lambert and Thompson) (by request of Department of General Administration)

 

Consolidating general administration funds and accounts.

 

Referred to Committee on Ways and Means.

 

SHB 2399          by House Committee on Government Administration (originally sponsored by Representatives Romero, D. Schmidt and Thompson)

 

Revising provisions relating to use of small works rosters by state agencies.

 

Referred to Committee on Government Operations.

 

SHB 2401          by House Committee on Law and Justice (originally sponsored by Representatives Sheahan and Hatfield)

 

Clarifying the authority of courthouse facilitators.

 

Referred to Committee on Law and Justice.

 

HB 2402            by Representatives Sheahan, Lambert, Hatfield, Thompson, McDonald and Dunn

 

Authorizing the use of electronic copies for preservation of court record.

 

Referred to Committee on Law and Justice.

 

SHB 2411          by House Committee on Government Administration (originally sponsored by Representatives Alexander, Wolfe, D. Schmidt, DeBolt, Gardner, D. Sommers and Thompson)

 

Refining statutes related to county treasurers.

 

Referred to Committee on Government Operations.

 

SHB 2413          by House Committee on Health Care (originally sponsored by Representatives Pennington, Carlson, Ogden, Thompson, Dunn and Backlund)

 

Disclosing sexually transmitted disease information.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2441            by Representatives Scott, Sheahan, Costa, Radcliff, Constantine, Hatfield, O'Brien, Dickerson, Ogden, Cooper, Cooke, Gardner, Kenney, Thompson, Wood, Conway, Anderson and Butler

 

Clarifying that electronic communications are included in the crimes of harassment and stalking.

 

Referred to Committee on Law and Justice.

 

HB 2444            by Representatives Ballasiotes and Costa (by request of Sentencing Guidelines Commission)

 

Making technical corrections to sentencing laws enacted in 1997.

 

Referred to Committee on Law and Justice.

 

SHB 2445          by House Committee on Health Care (originally sponsored by Representatives Zellinsky, Chandler, Carrell, Lambert, O'Brien, Smith, Lisk, Dyer, Honeyford, Huff, Clements, Cooke, McDonald and Mulliken)

 

Establishing the Washington state organ donor medal.

 

Referred to Committee on Government Operations.

 

HB 2463            by Representatives Sheahan, Costa and Mulliken

 

Prescribing garnishee's processing fees.

 

Referred to Committee on Law and Justice.

 

HB 2472            by Representatives Honeyford, Sehlin, Van Luven, Veloria and Ogden (by request of Department of Community, Trade, and Economic Development)

 

Repealing public works board rural natural resources loans.

 

Referred to Committee on Commerce and Labor.

 

HB 2474            by Representatives Pennington, Appelwick, O'Brien, Dunshee and Kessler (by request of Legislative Ethics Board)

 

Clarifying "gifts" for purposes of ethics in public service.

 

Referred to Committee on Government Operations.

 

ESHB 2477        by House Committee on Commerce and Labor (originally sponsored by Representatives Schoesler, McMorris, Chandler, Mulliken, Sump, Honeyford and Sheahan)

 

Adding theatrical agencies to definition of employment agency.

 

Referred to Committee on Commerce and Labor.

 

SHB 2481          by House Committee on Higher Education (originally sponsored by Representatives Schoesler, Sump, Sheahan, Honeyford, Mulliken and McCune)

 

Requiring approval of certain higher education personnel arrangements that exceed fifty thousand dollars in value.

 

Referred to Committee on Higher Education.

 

HB 2486            by Representatives Morris, B. Thomas, Dunshee and Kastama (by request of Department of Revenue)

 

Concerning the ad valorem taxation of vessels or ferries.

 

Referred to Committee on Ways and Means.

 

HB 2499            by Representatives Sheahan, Appelwick, McMorris, Radcliff, Alexander, Grant, O'Brien, Doumit, Ogden and Thompson

 

Extending the long arm statute to district court civil cases.

 

Referred to Committee on Law and Justice.

 

HB 2500            by Representatives Sheahan, Appelwick, McMorris, Radcliff, Alexander, Grant, O'Brien, Doumit, Ogden and Thompson

 

Amending uniform act on fresh pursuit.

 

Referred to Committee on Law and Justice.

 

EHB 2501          by Representatives Zellinsky, Robertson, L. Thomas and Carrell

 

Exempting wholesale auto auctions from certain regulations.

 

Referred to Committee on Transportation.

 

HB 2503            by Representatives Robertson, Sullivan and Carrell

 

Authorizing consideration of the income level of customers when setting rates and charges for a storm water control facility.

 

Referred to Committee on Energy and Utilities.

 

ESHB 2508        by House Committee on Government Administration (originally sponsored by Representatives Van Luven, Chopp, D. Schmidt, Radcliff, H. Sommers, Mitchell, Dyer, Dickerson and Kenney)

 

Modifying the way metropolitan park districts are managed.

 

Referred to Committee on Government Operations.

 

SHB 2511          by House Committee on Government Administration (originally sponsored by Representatives Wolfe, Chopp, Ogden, Gardner, Butler, Appelwick and Anderson)

 

Creating a limited exception for members of boards, commissions, and committees to have a small financial interest in the board's, commission's, or committee's transactions.

 

Referred to Committee on Government Operations.

 

HB 2515            by Representatives Chandler, Linville and Sterk

 

Deregulating apiaries.

 

Referred to Committee on Agriculture and Environment.

 

HB 2516            by Representatives Chandler, Linville and Schoesler

 

Providing a lien for artificial insemination or materials.

 

Referred to Committee on Agriculture and Environment.

 

SHB 2523          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville, Mulliken, Schoesler, Hatfield, Cooper, Skinner and Clements)

 

Regarding fire training activities.

 

Referred to Committee on Agriculture and Environment.

 

SHB 2525          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Backlund, Fisher, K. Schmidt, Dunshee, B. Thomas, Mielke, Wood and Mitchell) (by request of Department of Transportation)

 

Phasing in lightweight tire studs.

 

Referred to Committee on Transportation.

 

SHB 2529          by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Veloria, McDonald, Kenney, Tokuda, Dickerson, Mason, Kessler, Constantine, Thompson and Ogden) (by request of Department of Community, Trade, and Economic Development)

 

Assisting small business exporters.

 

Referred to Committee on Commerce and Labor.

 

HB 2534            by Representatives Parlette, Carlson, Anderson, Wensman, Alexander and Doumit

 

Waiving operating fees for students registered for a doctor of pharmacy.

 

Referred to Committee on Higher Education.

 

HB 2537            by Representatives Butler, Romero, Buck, Hatfield and Kessler (by request of Department of Health)

 

Regulating sanitary control of shellfish.

 

Referred to Committee on Natural Resources and Parks.

 

HB 2548            by Representatives K. Schmidt, Fisher, Chandler and Thompson (by request of Department of Transportation)

 

Clarifying procedures for environmental protection change orders in public projects.

 

Referred to Committee on Transportation.

 

HB 2550            by Representatives L. Thomas and Wolfe (by request of Insurance Commissioner Senn)

 

Regulating the charitable gift annuity business.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 2557            by Representatives Tokuda, Cooke and O'Brien (by request of Department of Social and Health Services)

 

Concerning judicial review for certain out-of-home child placements.

 

Referred to Committee on Human Services and Corrections.

 

HB 2558            by Representatives Tokuda and Cooke (by request of Department of Social and Health Services)

 

Correcting statutory references.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2560          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe) (by request of Department of Financial Institutions)

 

Regulating trust companies.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 2568            by Representatives Smith, D. Schmidt, Gardner, Doumit and Thompson (by request of Department of General Administration)

 

Terminating state motor vehicle management programs.

 

Referred to Committee on Government Operations.

 

HB 2574            by Representative Reams (by request of Board of Tax Appeals)

 

Revising provisions for filing with the state tax board.

 

Referred to Committee on Government Operations.

 

SHB 2576          by House Representative Commerce and Labor (originally sponsored by Representatives Honeyford, Hatfield, Mulliken, Grant, Conway, O'Brien, Bush, Boldt, Mielke, Delvin, Backlund, Ogden and Koster)

 

Negotiating land transfers involving manufactured or mobile homes.

 

Referred to Committee on Commerce and Labor.

 

HB 2577            by Representatives Hankins and Delvin

 

Using and administering the Hanford area economic investment fund.

 

Referred to Committee on Energy and Utilities.

 

HB 2582            by Representatives Mitchell, Fisher and Hankins (by request of Transportation Improvement Board)

 

Updating references to the transportation improvement board bond retirement account.

 

Referred to Committee on Transportation.

 

SHB 2588          by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Mielke, Mulliken, Carrell, Lambert and Clements)

 

Regarding controlled substances as a risk factor in determining negligent treatment of a child.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2611          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Keiser, Wolfe, Benson, Gardner and Dickerson)

 

Regulating mortgage insurance.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

SHB 2613          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Zellinsky, K. Schmidt, Mitchell, Radcliff, O'Brien, Robertson, Chandler, Fisher, Hatfield, D. Sommers, Murray and Dyer)

 

Requiring backup alerts or crossview mirrors on delivery trucks.

 

Referred to Committee on Transportation.

 

SHB 2634          by House Committee on Children and Family Services (originally sponsored by Representatives H. Sommers, Cooke, Dickerson, McDonald, Gombosky, Bush, Tokuda, Wolfe, O'Brien, Kessler, Keiser, Anderson, Ogden, B. Thomas and Thompson)

 

Denying public assistance to fugitives from justice.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2656          by House Committee on Education (originally sponsored by Representatives Quall and Cooper)

 

Clarifying the review process for appeals from decisions of the Washington Interscholastic Activities Association.

 

Referred to Committee on Education.

 

HB 2663            by Representative Crouse (by request of Utilities and Transportation Commission)

 

Requiring companies that seek to contract with an affiliated interest to file with the utilities and transportation commission.

 

Referred to Committee on Energy and Utilities.

 

HB 2665            by Representatives Smith and D. Schmidt (by request of Secretary of State Munro)

 

Regulating voting system tests.

 

Referred to Committee on Government Operations.

 

SHB 2672          by House Committee on Government Administration (originally sponsored by Representatives Smith, D. Schmidt, Scott, Gardner, Doumit and D. Sommers)

 

Requiring election procedures manuals.

 

Referred to Committee on Government Operations.

 

SHB 2680          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas and Wolfe)

 

Clarifying the definition of capitalized cost for purposes of the consumer leasing act.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

HB 2682            by Representatives McMorris, Chandler, Linville and Clements (by request of Superintendent of Public Instruction Bergeson)

 

Changing disbursement of medicaid incentive payments to school districts.

 

Referred to Committee on Ways and Means.

 

SHB 2688          by House Committee on Health Care (originally sponsored by Representatives Skinner, Cody, Backlund, Conway and Anderson)

 

Modifying the educational requirements for licensure as a hearing instrument fitter/dispenser.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2692            by Representatives Clements, H. Sommers, Tokuda and Cooke (by request of Department of Social and Health Services)

 

Clarifying references to food stamps or food stamp benefits transferred electronically.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2704            by Representatives Skinner, Cody and Anderson

 

Creating inactive license status for physical therapists.

 

Referred to Committee on Health and Long-Term Care.

 

EHB 2707          by Representatives Backlund, Quall, Dickerson, Koster, O'Brien, Scott, Sullivan, Lambert, Cairnes, Wood, McDonald, Sherstad, Mulliken, Kessler, Ogden, Cooke, Conway, Anderson, Dunshee, Gardner, Ballasiotes and Dunn

 

Prohibiting sex offenders in inmate work programs from obtaining private individuals' names.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2710          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Honeyford)

 

Changing irrigation district administration.

 

Referred to Committee on Government Operations.

 

HB 2717            by Representatives Chandler, Regala and Dunn

 

Implementing House Joint Resolution No. 4209.

 

Referred to Committee on Agriculture and Environment.

 

HB 2723            by Representatives Cairnes, Mulliken, Reams, Sherstad, Thompson, Mielke, Bush and O'Brien

 

Providing a procedure for designating industrial land banks.

 

Referred to Committee on Government Operations.

 

HB 2732            by Representatives Robertson, Ogden, L. Thomas, McCune, Constantine, Wood, Zellinsky, Ballasiotes, Delvin and Hickel

 

Regarding wage assignment orders for child support or spousal maintenance payments.

 

Referred to Committee on Law and Justice.

 

HB 2735            by Representatives Ogden, Huff, Butler, Cooper, Doumit, Constantine, Carlson, Chopp and Schoesler

 

Regarding Lewis and Clark bicentennial advisory committee.

 

Referred to Committee on Government Operations.

 

HB 2784            by Representatives Johnson, D. Schmidt, Wensman, Cairnes, Zellinsky and Clements

 

Adding inhabitants of county as recipients of water works benefits.

 

Referred to Committee on Government Operations.

 

HB 2788            by Representatives Backlund, Cody, Dyer and Kenney

 

Training nursing assistants.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2790          by House Committee on Law and Justice (originally sponsored by Representatives Mastin, Sheahan, Costa and Lambert)

 

Requiring restitution hearings for juvenile offenders to occur within one hundred eighty days of the disposition hearing.

 

Referred to Committee on Law and Justice.

 

HB 2797            by Representatives Regala, Buck, Ogden, Tokuda, Hatfield and Kessler

 

Modifying the membership of the natural heritage advisory council.

 

Referred to Committee on Natural Resources and Parks.

 

SHB 2826          by House Committee on Natural Resources (originally sponsored by Representatives Schoesler, Hatfield, Buck, Butler, Kessler and Robertson)

 

Authorizing distribution of nonhighway vehicle funds to nonprofit off-road vehicle organizations.

 

Referred to Committee on Natural Resources and Parks.

 

HB 2841            by Representatives McMorris and Conway (by request of Liquor Control Board)

 

Allowing the liquor control board to receive grants and other funds or donations to implement programs about alcohol and tobacco.

 

Referred to Committee on Commerce and Labor.

 

SHB 2842          by House Committee on Health Care (originally sponsored by Representative Dyer)

 

Repealing the health care liability risk management training program.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2847            by Representatives McMorris and Conway (by request of Liquor Control Board)

 

Making technical changes regarding designations for liquor licenses.

 

Referred to Committee on Commerce and Labor.

 

SHB 2858          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Zellinsky and Fisher)

 

Reflecting current practice for payment of taxes on rental cars.

 

Referred to Committee on Transportation.

 

SHB 2888          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Mitchell, Fisher, K. Schmidt, Radcliff, Cairnes, Zellinsky, Backlund, Skinner, Chandler, DeBolt, Sterk, Gardner, Hankins, Mielke, Wood, O'Brien, Ogden, McCune, Sherstad, B. Thomas and Lambert)

 

Deleting reference to obsolete transportation accounts.

 

Referred to Committee on Transportation.

 

SHB 2890          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Mitchell, Fisher, K. Schmidt, Radcliff, Cairnes, Zellinsky, Backlund, Skinner, Chandler, Robertson, DeBolt, Sterk, Romero, Gardner, Hankins, Constantine, Mielke, Wood, McCune, Sherstad, Ogden, O'Brien, Linville, Cooke, Cooper, Boldt, Lambert, Tokuda, Anderson, Dickerson, Thompson and Conway)

 

Requiring performance budgeting for transportation agencies.

 

Referred to Committee on Transportation.

 

HB 2907            by Representatives Sheahan, Robertson, Dunshee, Mason and Lantz

 

Clarifying the process of appealing small claims cases.

 

Referred to Committee on Law and Justice.

 

HB 2908            by Representatives Sheahan, Mason, Dunshee, Robertson and Lantz

 

Clarifying provisions affecting court commissioners.

 

Referred to Committee on Law and Justice.

 

SHB 2910          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Kessler, Zellinsky, Grant, Lisk, Anderson, Ballasiotes, Radcliff, DeBolt, Wensman, D. Schmidt, Scott, Doumit, McDonald, Cooke and O'Brien)

 

Regulating insurance payments of insureds who are victims of domestic abuse.

 

Referred to Committee on Financial Institutions, Insurance and Housing.

 

SHB 2914          by House Committee on Health Care (originally sponsored by Representatives Dyer, Talcott, Backlund, Bush, Mielke, Sump, Crouse, Benson, Smith, Mulliken, Boldt, Lambert, Carlson, Carrell, Sehlin, Huff, Sullivan, Thompson, L. Thomas and Lisk)

 

Diagnosing and reporting sexually transmitted diseases.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2917          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt and Fisher) (by request of Department of Licensing)

 

Regulating fuel tax and international registration plan payments.

 

Referred to Committee on Transportation.

 

SHB 2931          by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Conway and B. Thomas) (by request of Secretary of State Munro)

 

Refining electronic signature law.

 

Referred to Committee on Energy and Utilities.

 

SHB 2932          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Zellinsky, O'Brien, Talcott and Wensman)

 

Requiring stops at intersections with nonfunctioning signal lights.

 

Referred to Committee on Transportation.

 

HB 2945            by Representatives McCune and Cairnes

 

Notifying the legislature regarding transportation funding and planning.

 

Referred to Committee on Transportation.

 

SHB 2953          by House Committee on Health Care (originally sponsored by Representatives Sherstad, Sterk, Koster, Carrell, McDonald and Carlson)

 

Allowing a physician or osteopathic physician licensed in Oregon to register with the medical quality assurance commission to work at nonprofit health clinics in this state.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2954            by Representatives D. Schmidt, Eickmeyer, Schoesler, D. Sommers, McMorris and Cole

 

Specifying declaration of candidacy requirements for school director candidates in joint districts.

 

Referred to Committee on Government Operations.

 

HB 2965            by Representatives Ballasiotes, Costa, Hatfield, Linville and McDonald (by request of Department of Labor and Industries)

 

Revising provisions for crime victims' compensation.

 

Referred to Committee on Law and Justice.

 

SHB 2977          by House Committee on House Government Reform and Land Use (originally sponsored by Representatives Sheahan and Appelwick)

 

Changing provisions that relate to binding site plans.

 

Referred to Committee on Government Operations.

 

SHB 2988          by House Committee on Education (originally sponsored by Representatives Schoesler, Cole and Hickel)

 

Regarding qualifications for school director positions.

 

Referred to Committee on Education.

 

SHB 2989          by House Committee on Law and Justice (originally sponsored by Representatives Mitchell, Tokuda, Sheahan, Costa and Veloria)

 

Augmenting provisions regarding guardians and guardians ad litem.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2998          by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa and K. Schmidt)

 

Regulating privately owned semiautomatic external defibrillators.

 

Referred to Committee on Law and Justice.

 

SHB 3001          by House Committee on Commerce and Labor (originally sponsored by Representatives Honeyford, Delvin, Lisk and Cole)

 

Creating an exemption for wineries furnishing wine to nonprofit charitable organizations.

 

Referred to Committee on Commerce and Labor.

 

HB 3050            by Representatives Smith, Carrell and D. Schmidt

 

Regulating the sale of surplus state cars.

 

Referred to Committee on Government Operations.

 

SHB 3056          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville and Constantine)

 

Implementing the recommendations of the on-site wastewater certification work group.

 

Referred to Committee on Agriculture and Environment.

 

HJM 4014          by Representatives Costa, Ballasiotes, Poulsen, Sheahan, Morris, Keiser, McDonald, Mitchell, Kenney, Hankins, Sullivan, D. Sommers, Sterk, Lantz, Cody, Radcliff, Robertson, Sherstad, Veloria, Tokuda, Anderson, Cole, Quall, H. Sommers, Murray, Constantine, Conway, Fisher, Doumit, Dunshee, Cairnes, Cooke, Blalock, O'Brien, Gombosky, Dickerson, Gardner, Ogden, D. Schmidt, Kessler, Linville and Mason

 

Requesting Congress adopt the proposed victims' rights amendment to the Constitution of the United States.

 

Referred to Committee on Law and Justice.

 

HJM 4030          by Representatives Backlund, Cody, Dyer, Lambert, Carrell, Koster, Zellinsky, Sherstad and Anderson

 

Petitioning for Medicaid flexibility.

 

Referred to Committee on Health and Long-Term Care.

 

SHJM 4035        by House Committee on Natural Resources (originally sponsored by Representatives Dyer, Butler, Schoesler, Mastin, Linville, Sehlin, Buck, Huff, Mulliken, Chandler and Koster)

 

Urging legislation facilitating forest land exchange.

 

Referred to Committee on Natural Resources and Parks.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Schow, Gubernatorial Appointment No. 9233, Barbara Shinpoch, as a member of the Horse Racing Commission, was confirmed.


APPOINTMENT OF BARBARA SHINPOCH


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 3; Excused, 8.

      Voting yea: Senators Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 38.          Absent: Senators Anderson, Hargrove and West - 3.      Excused: Senators Benton, Brown, Haugen, Heavey, Patterson, Rasmussen, Strannigan and Zarelli - 8.

MOTION


      On motion of Senator Hale, Senator Anderson was excused.


MOTION


      On motion of Senator Schow, Gubernatorial Appointment No. 9238, Carver Gayton, as Commissioner of the Employment Security Department, was confirmed.


APPOINTMENT OF CARVER GAYTON


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

      Voting yea: Senators Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 41.      Excused: Senators Anderson, Benton, Brown, Haugen, Heavey, Patterson, Rasmussen and Zarelli - 8.

MOTION


      On motion of Senator Hale, Senator Sellar was excused.


SECOND READING


      SENATE BILL NO. 6158, by Senators Morton and Rasmussen

 

Repealing duplicate authority for the Washington state wheat commission.


      The bill was read the second time.


MOTION


      On motion of Senator Morton, the rules were suspended, Senate Bill No. 6158 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 Senate Bill No. 6158.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6158 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42.      Excused: Senators Brown, Haugen, Heavey, Patterson, Rasmussen, Sellar and Zarelli - 7.                 SENATE BILL NO. 6158, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6160, by Senators Morton and Rasmussen

 

Repealing the authority for reclamation districts over one million acres.


      The bill was read the second time.


MOTION


      On motion of Senator Morton, the rules were suspended, Senate Bill No. 6160 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 Senate Bill No. 6160.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6160 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 43.                    Excused: Senators Brown, Haugen, Heavey, Patterson, Sellar and Zarelli - 6.                SENATE BILL NO. 6160, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


      At 9:02 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 10:41 a.m. by President Owen.


SECOND READING


      SENATE BILL NO. 6142, by Senators Kline, Roach, Patterson, Fairley, Swecker, T. Sheldon, Goings, Rasmussen, Oke and Benton

 

Imposing administrative license suspensions on first-time DUI offenders.


      The bill was read the second time.

MOTION


      Senator Kline moved that the following amendment by Senators Kline and Roach be adopted:

      On page 9, after line 36, insert the following:

       "Sec. 4. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:

       (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504 or pursuant to RCW 46.20.3101 (2)(a) or (3)(a). A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

       (2) An applicant for an occupational driver's license is eligible to receive such license only if:

       (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

       (b) Within five years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

       (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and

       (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

       (3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Kline and Roach on page 9, after line 36, to Senate Bill No. 6142.

      The motion by Senator Kline carried and the amendment was adopted.


MOTION


      Senator Haugen moved that the following amendment by Senators Haugen, Loveland, Winsley and Wood be adopted:

      On page 9, after line 36, insert the following:

       "NEW SECTION. Sec. 4. This act mandates an increased level of service by local government. Under RCW 43.135.060 and chapter 4.92 RCW, local governments may submit claims for reimbursement by the legislature, subject to verification by the office of financial management."

      Debate ensued.

MOTION


      Senator Haugen moved that the following amendment to the amendment by Senators Haugen, Loveland, Winsley and Wood be adopted:

       On line 2 of the amendment, after Sec. 4., and before “This”, insert “If”


POINT OF ORDER


      Senator West: “Mr. President, I am going to raise the point--and I can't find the rule reference, but I know it is here from memory--that amendments have to be in writing. This amendment is so critical that we could find ourselves in a court of law--that if it is drafted improperly, we may find ourselves ending up costing the state money that we shouldn't have to pay and so I would object very strenuously to doing this as an oral amendment on the floor and would raise that as a point of order.”


REPLY BY THE PRESIDENT


      President Owen: “Senator West, you are correct, but the practice has been without objection, we have allowed for oral amendments. There is an objection, therefore, there would have to be a written amendment.”


MOTION


      On motion of Senator Haugen, and there being no objection, the amendment by Senators Haugen, Loveland, Winsley and Wood on page 9, after line 36, as well as the amendment to the amendment, to Senate Bill No. 6142 were withdrawn.


MOTIONS


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

       On page 1, line 4 of the title, after "46.20.3101," strike "and" and after "46.20.355" insert ", and 46.20.391"

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 6142 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 Senate Bill No. 6142.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6142 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West and Wojahn - 40.              Voting nay: Senators Benton, Finkbeiner, Heavey, Horn, Newhouse, Prince, Winsley and Wood - 8.           Excused: Senator Zarelli - 1.      ENGROSSED SENATE BILL NO. 6142, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6166, by Senators Rossi, Roach, Fairley, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Rasmussen, Wood, Kline, Schow, Patterson, Swecker, Stevens, Haugen, McAuliffe, Kohl, Johnson and Benton

 

Increasing penalties for drunk driving.


MOTIONS


      On motion of Senator Roach, Substitute Senate Bill No. 6166 was substituted for Senate Bill No. 6166 and the substitute bill was placed on second reading and read the second time.

      Senator Rossi moved that the following amendment by Senators Rossi, Fairley and Kline be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

       (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense ((within five years)) shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The period of license, permit, or privilege suspension may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

       (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense ((within five years)) shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than thirty days nor more than one year. Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than forty-five days nor more than one year. Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

       (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses ((within five years)) shall be punished as follows:

       (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than ninety days nor more than one year. Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

       (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

       (i) By imprisonment for not less than one hundred twenty days nor more than one year. One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

       (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

       (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years. The period of license, permit, or privilege revocation may not be suspended. The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

       (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

       (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

       (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

       (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding two years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

       (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

       (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

       (8)(((a))) A "prior offense" means any of the following:

       (((i))) (a) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

       (((ii))) (b) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

       (((iii))) (c) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

       (((iv))) (d) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

       (((v))) (e) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

       (((vi))) (f) An out-of-state conviction for a violation that would have been a violation of (a)(((i))), (((ii))) (b), (((iii))) (c), (((iv))) (d), or (((v))) (e) of this subsection if committed in this state;

       (((vii))) (g) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

       (((viii))) (h) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

       (((b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.))

       Sec. 2. RCW 46.61.5058 and 1995 c 332 s 6 are each amended to read as follows:

       (1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a prior offense ((within five years)) as defined in RCW 46.61.5055, and where the person has been provided written notice that any transfer, sale, or encumbrance of such person's interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.

       (a) A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;

       (b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and

       (c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that (i) in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or (ii) in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.

       (2) On conviction for a violation of either RCW 46.61.502 or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense ((within five years)) as defined in RCW 46.61.5055, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.

       (3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

       (4) Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title.

       (5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.

       (6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under Title 46 RCW or is lawfully entitled to possession of the vehicle.

       (7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1) (a) or (c) of this section.

       (8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.

       (9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.

       (10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.

       (11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.

       (12) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.

       (13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.

       (14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.

       Sec. 3. RCW 46.61.520 and 1996 c 199 s 7 are each amended to read as follows:

       (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:

       (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or

       (b) In a reckless manner; or

       (c) With disregard for the safety of others.

       (2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.

       Sec. 4. RCW 9.94A.310 and 1997 c 365 s 3 and 1997 c 338 s 50 are each reenacted and amended to read as follows:

(1)                                                                                                                 TABLE 1

Sentencing Grid


SERIOUSNESS

SCORE                                                                            OFFENDER SCORE

                                                                                                                                                                                                                    9 or

                     0                   1                   2                   3                   4                   5                   6                   7                   8                   more

                                                                                                                                                                                                                                                            

XV               Life Sentence without Parole/Death Penalty

                                                                                                                                                                                                                                                            

XIV              23y4m          24y4m          25y4m          26y4m          27y4m          28y4m          30y4m          32y10m         36y              40y

                     240-             250-             261-             271-             281-             291-             312-             338-             370-             411-

                     320               333               347               361               374               388               416               450               493               548

                                                                                                                                                                                                                                                            

XIII              14y4m          15y4m          16y2m          17y               17y11m         18y9m          20y5m          22y2m          25y7m 29y

                     123-             134-             144-             154-             165-             175-             195-             216-             257-             298-

                     220               234               244               254               265               275               295               316               357               397

                                                                                                                                                                                                                                                            

XII               9y                 9y11m          10y9m          11y8m          12y6m          13y5m          15y9m          17y3m          20y3m          23y3m

                     93-               102-             111-             120-             129-             138-             162-             178-             209-             240-

                     123               136               147               160               171               184               216               236               277               318

                                                                                                                                                                                                                                                            

XI                 7y6m            8y4m            9y2m            9y11m          10y9m          11y7m          14y2m          15y5m          17y11m         20y5m

                     78-               86-               95-               102-             111-             120-             146-             159-             185-             210-

                     102               114               125               136               147               158               194               211               245               280

                                                                                                                                                                                                                                                            

X                  5y                 5y6m            6y                 6y6m            7y                 7y6m            9y6m            10y6m          12y6m          14y6m

                     51-               57-               62-               67-               72-               77-               98-               108-             129-             149-

                     68                 75                 82                 89                 96                 102               130               144               171               198

                                                                                                                                                                                                                                                            

IX                 3y                 3y6m            4y                 4y6m            5y                 5y6m            7y6m            8y6m            10y6m          12y6m

                     31-               36-               41-               46-               51-               57-               77-               87-               108-             129-

                     41                 48                 54                 61                 68                 75                 102               116               144               171

                                                                                                                                                                                                                                                            

VIII              2y                 2y6m            3y                 3y6m            4y                 4y6m            6y6m            7y6m            8y6m            10y6m

                     21-               26-               31-               36-               41-               46-               67-               77-               87-               108-

                     27                 34                 41                 48                 54                 61                 89                 102               116               144

                                                                                                                                                                                                                                                            

VII               18m              2y                 2y6m            3y                 3y6m            4y                 5y6m            6y6m            7y6m            8y6m

                     15-               21-               26-               31-               36-               41-               57-               67-               77-               87-

                     20                 27                 34                 41                 48                 54                 75                 89                 102               116

                                                                                                                                                                                                                                                            

VI                 13m              18m              2y                 2y6m            3y                 3y6m            4y6m            5y6m            6y6m            7y6m

                     12+-             15-               21-               26-               31-               36-               46-               57-               67-               77-

                     14                20                 27                 34                 41                 48                 61                 75                 89                 102

                                                                                                                                                                                                                                                            

V                  9m                13m              15m              18m              2y2m            3y2m            4y                 5y                 6y                 7y

                     6-                 12+-             13-               15-               22-               33-               41-               51-               62-               72-

                     12                 14                 17                 20                 29                 43                 54                 68                 82                 96

                                                                                                                                                                                                                                                            

IV                 6m                9m                13m              15m              18m              2y2m            3y2m            4y2m            5y2m            6y2m

                     3-                 6-                 12+-             13-               15-               22-               33-               43-               53-               63-

                     9                   12                 14                 17                 20                 29                 43                 57                 70                 84

                                                                                                                                                                                                                                                            

III                 2m                5m                8m                11m              14m              20m              2y2m            3y2m            4y2m            5y

                     1-                 3-                 4-                 9-                 12+-             17-               22-               33-               43-               51-

                     3                   8                   12                 12                 16                 22                 29                 43                 57                 68

                                                                                                                                                                                                                                                            

II                                       4m                6m                8m                13m              16m              20m              2y2m            3y2m            4y2m

                     0-90             2-                 3-                 4-                 12+-             14-               17-               22-               33-               43-

                     Days             6                   9                   12                 14                 18                 22                 29                 43                 57

                                                                                                                                                                                                                                                            

I                                                              3m                4m                5m                8m                13m              16m              20m              2y2m

                     0-60             0-90             2-                 2-                 3-                 4-                 12+-             14-               17-               22-

                     Days             Days             5                   6                   8                   12                 14                18                 22                 29

                                                                                                                                                                                                                                                            


NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

     (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

     (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

     (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

     (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

     (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

     (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

     (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

     (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

     (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

     (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

     (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

     (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

     (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

     (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

     (c) Twelve months for offenses committed under RCW 69.50.401(d).

     For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

     (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

     (7) An additional two years shall be added to the presumptive sentence for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.

     Sec. 5. RCW 9.94A.360 and 1997 c 338 s 5 are each amended to read as follows:

     The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

     The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

     (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

     (2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

     (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

     (4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

     (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

     (i) Prior offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;

     (ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

     (b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

     (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

     (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and ½ point for each juvenile prior nonviolent felony conviction.

     (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

     (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

     (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

     (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and ½ point for each juvenile prior conviction. This subsection shall not apply when additional time is added to a sentence pursuant to RCW 46.61.520(2).

     (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.

     (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as ½ point.

     (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as ½ point.

     (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

     (16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

     (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.

     Sec. 6. RCW 10.05.010 and 1985 c 352 s 4 are each amended to read as follows:

     In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial.

     A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution program more than once ((in any five-year period)). Separate offenses committed more than seven days apart may not be consolidated in a single program.

     Sec. 7. RCW 10.05.100 and 1985 c 352 s 13 are each amended to read as follows:

     If a petitioner ((is subsequently convicted of a similar offense while in a deferred prosecution program)), within five years after entry of an order of deferred prosecution, engages in conduct which results in conviction of an offense listed in RCW 46.61.5055(8), upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.

     Sec. 8. RCW 10.05.120 and 1994 c 275 s 19 are each amended to read as follows:

     ((Upon)) Three years after receiving proof of successful completion of the two-year treatment program, but not before five years following entry of the order of deferred prosecution, the court and prosecutor shall review and verify the defendant's criminal history and driving record as provided in section 9 of this act. If the petitioner has not been arrested for or convicted of an offense listed in RCW 46.61.5055(8) since entry of the order of deferred prosecution, the court shall dismiss the charges pending against the petitioner. If the defendant has been arrested for an offense listed in RCW 46.61.5055(8) since entry of the order of deferred prosecution, and there has been no disposition of the charge or charges, the court shall maintain the case in deferred prosecution status until a disposition has occurred. Unless the disposition was a conviction of an offense listed in RCW 46.61.5055(8), the court shall dismiss the charges pending against the petitioner.

     NEW SECTION. Sec. 9. A new section is added to chapter 46.61 RCW to read as follows:

     (1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

     (2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

     (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.

     Sec. 10. RCW 10.05.160 and 1985 c 352 s 18 are each amended to read as follows:

     The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:

     (1) Prior deferred prosecution has been granted to the defendant ((within five years));

     (2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;

     (3) Failure of the court to comply with the requirements of RCW 10.05.100;

     (4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment facility.

     Sec. 11. RCW 46.01.260 and 1997 c 66 s 11 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old. If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the computer record thereof has been updated.

     (2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.502, 46.61.504, 46.61.520, and 46.61.522 and shall maintain such records permanently on file.

     (b) The director shall not, within ten years from the date of conviction, adjudication, or entry of deferred prosecution, destroy records of the following:

     (i) ((Convictions or adjudications of the following offenses: RCW 46.61.502 or 46.61.504;

     (ii))) If the offense was originally charged as one of the offenses designated in (a) ((or (b)(i))) of this subsection, convictions or adjudications of the following offenses: RCW 46.61.500 or 46.61.5249 or any other violation that was originally charged as one of the offenses designated in (a) ((or (b)(i))) of this subsection; or

     (((iii))) (ii) Deferred prosecutions granted under RCW 10.05.120.

     (c) For purposes of RCW 46.52.100 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses.

     Sec. 12. RCW 46.20.285 and 1996 c 199 s 5 are each amended to read as follows:

     The department shall forthwith revoke the license of any driver for the period of one calendar year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:

     (1) For vehicular homicide the period of revocation shall be two years. The revocation period shall be tolled during any period of total confinement for the offense;

     (2) Vehicular assault. The revocation period shall be tolled during any period of total confinement for the offense;

     (3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle, ((upon a showing by the department's records that the conviction is the second such conviction for the driver within a period of five years. Upon a showing that the conviction is the third such conviction for the driver within a period of five years, the period of revocation shall be two years)) for the period prescribed in RCW 46.61.5055;

     (4) Any felony in the commission of which a motor vehicle is used;

     (5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another or resulting in damage to a vehicle that is driven or attended by another;

     (6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or under any other law relating to the ownership or operation of motor vehicles;

     (7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.

     Sec. 13. RCW 46.20.308 and 1995 c 332 s 1 are each amended to read as follows:

     (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.

     (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration of 0.02 or more in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that:

     (a) His or her license, permit, or privilege to drive will be revoked or denied if he or she refuses to submit to the test;

     (b) His or her license, permit, or privilege to drive will be suspended, revoked, denied, or placed in probationary status if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is 0.10 or more, in the case of a person age twenty-one or over, or 0.02 or more in the case of a person under age twenty-one; and

     (c) His or her refusal to take the test may be used in a criminal trial.

     (3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

     (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

     (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

     (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.10 or more if the person is age twenty-one or over, or is 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:

     (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive as required by subsection (7) of this section;

     (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section;

     (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;

     (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and

     (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:

     (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration of 0.02 or more;

     (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and

     (iii) Any other information that the director may require by rule.

     (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, deny, or place in probationary status the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, denial, or placement in probationary status to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

     (8) A person receiving notification under subsection (6)(b) of this section may, within thirty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of one hundred dollars as part of the request. If the request is mailed, it must be postmarked within thirty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required one hundred dollar fee, the department shall afford the person an opportunity for a hearing. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.10 or more if the person was age twenty-one or over at the time of the arrest, or was 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.

     A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, denial, or placement in probationary status either be rescinded or sustained.

     (9) If the suspension, revocation, denial, or placement in probationary status is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, denied, or placed in probationary status has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, denial, or placement in probationary status. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, denial, or placement in probationary status as expeditiously as possible. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, denial, or placement in probationary status it may impose conditions on such stay.

     (10) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, denied, or placed in probationary status under subsection (7) of this section, other than as a result of a breath test refusal, and who has not committed ((an)) any prior offense ((within the last five years)) for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, the court may direct the department to stay any actual or proposed suspension, revocation, denial, or placement in probationary status for at least forty-five days but not more than ninety days. If the court stays the suspension, revocation, denial, or placement in probationary status, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.

     A suspension, revocation, or denial imposed under this section, other than as a result of a breath test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.

     (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

     Sec. 14. RCW 46.20.3101 and 1995 c 332 s 3 are each amended to read as follows:

     Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:

     (1) In the case of a person who has refused a test or tests:

     (a) For a first refusal ((within five years)), where there has not been a previous incident ((within five years)) that resulted in administrative action under this section, revocation or denial for one year;

     (b) For a second or subsequent refusal ((within five years)), or for a first refusal where there has been one or more previous incidents ((within five years)) that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.

     (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.10 or more:

     (a) For a first incident ((within five years)), where there has not been a previous incident ((within five years)) that resulted in administrative action under this section, placement in probationary status as provided in RCW 46.20.355;

     (b) For a second or subsequent incident ((within five years)), revocation or denial for two years.

     (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.02 or more:

     (a) For a first incident ((within five years)), suspension or denial for ninety days;

     (b) For a second or subsequent incident ((within five years)), revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.

     Sec. 15. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:

     (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

     (2) An applicant for an occupational driver's license is eligible to receive such license only if:

     (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

     (b) ((Within five years immediately preceding)) Prior to the date of the offense that gave rise to the present conviction, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and

     (c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and

     (d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

     (3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title."


MOTION


    Senator Haugen moved that the following amendment by Senators Haugen and Loveland to the striking amendment by Senators Rossi, Fairley and Kline be adopted:

     On page 31, after line 23 of the amendment, insert the following:

     "NEW SECTION. Sec. 16. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Loveland on page 31, after line 23, to the striking amendment by Senators Rossi, Fairley and Kline to Substitute Senate Bill No. 6166.

    The motion by Senator Haugen carried and the amendment to the striking amendment was adopted.

    The President declared the question before the Senate to be the adoption of the striking amendment, as amended, by Senators Rossi, Fairley and Kline to Substitute Senate Bill No. 6166.

    The motion by Senator Rossi carried and the striking amendment, as amended, was adopted.


MOTIONS


    On motion of Senator Roach, the following title amendments were considered simultaneously and were adopted:

     On page 1, line 1 of the title, after "influence;" strike the remainder of the title and insert "amending RCW 46.61.5058, 46.61.520, 9.94A.360, 10.05.010, 10.05.100, 10.05.120, 10.05.160, 46.01.260, 46.20.285, 46.20.308, 46.20.3101, and 46.20.391; reenacting and amending RCW 46.61.5055 and 9.94A.310; adding a new section to chapter 46.61 RCW; and prescribing penalties."

     On page 31, line 32 of the title amendment, after "RCW;" insert "creating a new section;"

    On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6166.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6166 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.   Voting nay: Senator Prince - 1.             Excused: Senator Zarelli - 1.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6165, by Senators Rossi, Roach, Rasmussen, Goings, T. Sheldon, McCaslin, Strannigan, Zarelli, Long, Deccio, Oke, Kline, Wood, Schow, Swecker, Stevens, Haugen, Johnson, Benton and Winsley

 

Strengthening penalties for violation of ignition interlock orders.


MOTIONS


    On motion of Senator Roach, Substitute Senate Bill No. 6165 was substituted for Senate Bill No. 6165 and the substitute bill was placed on second reading and read the second time.

    Senator Rossi moved that the following amendment by Senators Rossi, Kline, Roach and Fairley be adopted:

     Beginning on page 1, line 5, strike all of section 1 and insert the following:

     "Sec. 1. RCW 46.20.720 and 1997 c 229 s 8 are each amended to read as follows:

     (1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

     (2) If a person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, the court shall order that after a period of suspension, revocation, or denial of driving privileges, the person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

     (3) The court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. In the case of a person under subsection (2) of this section, the period of time of the restriction will be as follows:

     (a) For a person subject to RCW 46.61.5055 (1)(b), (2), or (3) who has not previously been restricted under this section, a period of not less than one year;

     (b) For a person who has previously been restricted under (a) of this subsection, a period of not less than five years;

     (c) For a person who has previously been restricted under (b) of this subsection, a permanent, lifetime restriction.

     For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendment by Senators Rossi, Kline, Roach and Fairley beginning on page 1, line 5, to Substitute Senate Bill No. 6165.

    The motion by Senator Rossi carried and the amendment was adopted.

 

MOTION


    Senator Rossi moved that the following amendment be adopted:

     On page 1, after line 4, insert the following:

     "NEW SECTION. Sec. 1. This act may be known and cited as the Mary Johnsen Act."

     Renumber the sections following 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 Rossi on page 1, after line 4, to Substitute Senate Bill No. 6165.

    The motion by Senator Rossi carried and the amendment was adopted.


MOTIONS


    On motion of Senator Haugen, the following amendment by Senators Haugen, Loveland, Wood and Deccio was adopted:

     On page 9, after line 27, insert the following:

     "NEW SECTION. Sec. 5. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

    On motion of Senator Roach, the following title amendments were considered simultaneously and adopted:

     On page 1, line 3 of the title, after "5055;" insert "creating a new section;"

     On line 3 of the title, after "46.61.5055;" insert "creating a new section;"


MOTION


    On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6165 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.



POINT OF INQUIRY


    Senator Franklin: “Senator Rossi, on the amendment on line 20, it mentions 'biological or technical device.' I have a question about--tell me what is a 'biological device?'”

    Senator Rossi: “That is on the Governor's amendment that we just passed?”

    Senator Franklin: “Yes, Senator.”

    Senator Rossi: “Actually, it means physical device of some sort.”

    Senator Franklin: “It means--well--because that poses a question. I support the amendment, because changes were made in order to answer my concerns. It makes it, now, discretionary, but the 'biological,' does that mean the insertion of a device into someone or--?”

    Senator Rossi: “No, Senator, that is not what it means.”

    Senator Franklin: “Do you have an example of what a 'biological device' is?”

    Senator Rossi: “No, I don't.”

    Senator Franklin: “Will you clarify that later?”

    Senator Rossi: “Yes, I will.”

    Senator Franklin: “Thank you.”


REMARKS BY SENATOR KLINE


    Senator Kline: “Mr. President, to help answer Senator Franklin's question, and to address a concern of Senator Fairley. The technology of this device is interesting. It is a tube into which the driver must blow. The air sample will be picked up and measured by a mechanism inside the tube. The tube is also computer programed to listen to that person's own voice. It is a hum that you have to make when you blow into it. It knows that it is you and starts your engine for you--when you turn the key. If it ain't you, it won't start the engine.

    “Furthermore, if you were somehow able to fake it and have somebody else outside the car start it for you, the mechanism requires that you blow again into that tube--I believe it is every eight or ten minutes--so you can drive, but if it ain't you that blew it, you are going to have a problem eight minutes down the road. The flasher goes on, the horn goes on, you are saying to every police officer anywhere around, 'Arrest me.' Plus, there is a little device, similar to the black box on a plane that records all these things. These are inspected, so if you weren't picked up on the road, you will be picked up by the inspection every two weeks or so.”

    Further debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6165.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6165 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.   Excused: Senator Zarelli - 1.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6165, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6257, by Senators Strannigan, Roach, Goings, Anderson, Long, Oke, Swecker, Benton, Wood, Stevens, Rasmussen and Patterson

 

Lowering statutory levels for legal alcohol intoxication.


    The bill was read the second time.


MOTION


    Senator Winsley moved that the following amendment by Senators Winsley, Deccio, Franklin, Horn, Wood, Haugen, Prentice, Wojahn, Kohl, Spanel, Fraser, Patterson, Goings, Snyder and Loveland be adopted:

     On page 12, after line 23, insert the following:

     "NEW SECTION. Sec. 7. If implementation of this act results in increased costs to any local government, that local government is not required to comply with this act."

    Debate ensued.

POINT OF ORDER


    Senator McCaslin: “A point of order, Mr. President, I believe he is addressing the bill and not the amendment.”

    Senator Kline: “No, this is the amendment.”

    Senator McCaslin: “Do I have the wrong amendment?”


REPLY BY THE PRESIDENT


    President Owen: “Senator Kline, be sure your remarks are relevant to the amendment.”

    Further debate ensued.

    Senator Winsley demanded a roll call and the demand was sustained.

    The President declared the question before the Senate to be the roll call on of the amendment by Senators Winsley, Deccio, Franklin, Horn, Wood, Haugen, Prentice, Wojahn, Kohl, Spanel, Fraser, Patterson, Goings, Snyder and Loveland on page 12, after line 23, to Senate Bill No. 6257.


ROLL CALL


    The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

    Voting yea: Senators Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Kohl, Long, Loveland, McAuliffe, McCaslin, Newhouse, Patterson, Prentice, Prince, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley, Wojahn and Wood - 29. Voting nay: Senators Anderson, Benton, Finkbeiner, Heavey, Hochstatter, Johnson, Kline, McDonald, Morton, Oke, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker and West - 19.             Excused: Senator Zarelli - 1.

MOTION


    On motion of Senator Haugen, the following amendment by Senators Haugen, Loveland and West was adopted:

     On page 12, after line 23, insert the following:

     "NEW SECTION. Sec. 7. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."


MOTION


    On motion of Senator Johnson, further consideration of Senate Bill No. 6257 was deferred.


MOTION


    At 11:54 a.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.


    The Senate was called to order at 1:30 p.m. by President Owen.


NOTICE FOR RECONSIDERATION


    Senator Fairley, having voted on the prevailing side, served notice that she would move to reconsider the vote by which the amendment by Senators Winsley, Deccio, Franklin, Horn, Wood, Haugen, Prentice, Wojahn, Kohl, Spanel, Fraser, Patterson, Goings, Snyder and Loveland

on page 12, after line 23, to Substitute Senate Bill No. 6257 was adopted earlier today.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


    On motion of Senator Wood, Gubernatorial Appointment No. 9277, Edith L. Nelson, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.


APPOINTMENT OF EDITH L. NELSON


    The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 7; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 41.               Absent: Senators Finkbeiner, McCaslin, McDonald, Newhouse, Schow, Sellar and West - 7.   Excused: Senator Zarelli - 1.

MOTION


    On motion of Senator Hale, Senators McCaslin, Newhouse, Schow, Sellar and West were excused.


MOTION


    On motion of Senator Wood, Gubernatorial Appointment No. 9244, Dean S. Lum, as a member of the Board of Trustees for Seattle, South Seattle and North Seattle Community Colleges District No. 6, was confirmed.


APPOINTMENT OF DEAN S. LUM


    The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 43.

    Excused: Senators McCaslin, Newhouse, Schow, Sellar, West and Zarelli - 6.

SECOND READING


    SENATE BILL NO. 6179, by Senators Wood, Kohl, Prince, Bauer, Patterson, McAuliffe, Rasmussen and Hale

 

Changing Washington award for vocational excellence provisions.


    The bill was read the second time.


MOTION


    On motion of Senator Wood, the rules were suspended, Senate Bill No. 6179 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6179.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6179 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.  Excused: Senators Newhouse, Schow and Zarelli - 3.          SENATE BILL NO. 6179, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6172, by Senator McCaslin

 

Clarifying requirements for service of petitions for review on agencies.


    The bill was read the second time.

MOTION


    On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6172 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 Senate Bill No. 6172.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6172 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.  Absent: Senator Fairley - 1.   Excused: Senators Newhouse and Zarelli - 2.       SENATE BILL NO. 6172, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING


    SENATE BILL NO. 6173, by Senators McCaslin, Fairley, Bauer, Swecker, T. Sheldon and Benton

 

Removing the requirement that the veterans' preference must be used within eight years.


    The bill was read the second time.

MOTION


    On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6173 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 Senate Bill No. 6173.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6173 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.

    Excused: Senators Newhouse and Zarelli - 2.            SENATE BILL NO. 6173, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


     SENATE BILL NO. 6195, by Senators Long and Hargrove (by request of Department of Social and Health Services)

 

Correcting statutory references.

MOTIONS


     On motion of Senator Long, Substitute Senate Bill No. 6195 was substituted for Senate Bill No. 6195 and the substitute bill was placed on second reading and read the second time.

     On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6195 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 Senate Bill No. 6195.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 6195 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.                  Excused: Senators Newhouse and Zarelli - 2.      SUBSTITUTE SENATE BILL NO. 6195, 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 Hale, Senator Deccio was excused.


SECOND READING


     SENATE BILL NO. 6202, by Senators Winsley and Prentice (by request of Department of Financial Institutions)

 

Changing the securities act to conform with federal statute.


     The bill was read the second time.

MOTION


     On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6202 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 Senate Bill No. 6202.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 6202 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.             Excused: Senators Deccio, Newhouse and Zarelli - 3.        SENATE BILL NO. 6202, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


     SENATE BILL NO. 6205, by Senators McCaslin, Haugen, Patterson, Benton, Bauer, Winsley and Oke

 

Allowing waiver of interest and penalties on property taxes delinquent because of hardship.


MOTIONS


     On motion of Senator McCaslin, Substitute Senate Bill No. 6205 was substituted for Senate Bill No. 6205 and the substitute bill was placed on second reading and read the second time.

     Senator McCaslin moved that the following amendment by Senators McCaslin, Haugen and Patterson be adopted:

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 84.56.025 and 1984 c 185 s 1 are each amended to read as follows:

     (1) The interest and penalties for delinquencies on property taxes, which taxes are levied on real estate in the year of a conveyance of the real estate and which are collected in the following year, shall be waived by the county treasurer under the following circumstances:

     (((1))) (a) Records conveying the real estate were filed with the county auditor on or before November 30 of the year the taxes are levied;

     (((2))) (b) A grantee's name and address are included in the records; and

     (((3))) (c) The notice for these taxes due, as provided in RCW 84.56.050, was not sent to a grantee due to error by the county. Where such waiver of interest and penalties has occurred, the full amount of interest and penalties shall be reinstated if the grantee fails to pay the delinquent taxes within thirty days of receiving notice that the taxes are due. Each county treasurer shall, subject to guidelines prepared by the department of revenue, establish administrative procedures to determine if grantees are eligible for this waiver.

     (2) In addition to the waiver under subsection (1) of this section, the interest and penalties for delinquencies on property taxes shall be waived by the county treasurer under the following circumstances:

     (a) The taxpayer fails to make one payment under RCW 84.56.020 by the due date on the taxpayer's personal residence because of hardship caused by the death of the taxpayer's spouse if the taxpayer notifies the county treasurer of the hardship within sixty days of the tax due date; or

     (b) The taxpayer fails to make one payment under RCW 84.56.020 by the due date on the taxpayer's parent's personal residence because of hardship caused by the death of the taxpayer's parent if the taxpayer notifies the county treasurer of the hardship within sixty days of the tax due date."

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the striking amendment by Senators McCaslin, Haugen and Patterson to Substitute Senate Bill No. 6205.

    The motion by Senator McCaslin carried and the striking amendment was adopted.


MOTIONS


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

     On page 1, line 3 of the title, after "parent;" strike the remainder of the title and insert "and amending RCW 84.56.025."

    On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute Senate Bill No. 6205 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 Senate Bill No. 6205.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6205 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.        Excused: Senators Newhouse and Zarelli - 2.       ENGROSSED SUBSTITUTE SENATE BILL NO. 6205, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6212, by Senators McCaslin, Snyder, B. Sheldon, Roach, T. Sheldon, Goings, Bauer, Zarelli, West, Haugen and Oke

 

Amending uniform act on fresh pursuit.


MOTIONS


    On motion of Senator McCaslin, Substitute Senate Bill No. 6212 was substituted for Senate Bill No. 6212 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 6212 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6212.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6212 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.        Excused: Senators Newhouse and Zarelli - 2.       SUBSTITUTE SENATE BILL NO. 6212, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6223, by Senators McCaslin, Winsley, West, Haugen and Sellar (by request of Board of Tax Appeals)

 

Revising provisions for filing with the state tax board.


    The bill was read the second time.

MOTION


    On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6223 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6223.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6223 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46. Absent: Senator Prentice - 1.                 Excused: Senators Newhouse and Zarelli - 2.       SENATE BILL NO. 6223, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6258, by Senators Roach, Kline and Hargrove (by request of Statute Law Committee)

 

Making technical corrections to the Revised Code of Washington.


MOTIONS


    On motion of Senator Johnson, Substitute Senate Bill No. 6258 was substituted for Senate Bill No. 6258 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6258 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6258.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6258 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.   Excused: Senator Zarelli - 1.                 SUBSTITUTE SENATE BILL NO. 6258, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6152, by Senator Swecker (by request of Parks and Recreation Commission)

 

Managing state park lands.

MOTIONS


    On motion of Senator Swecker, Substitute Senate Bill No. 6152 was substituted for Senate Bill No. 6152 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Swecker, the following amendment was adopted:

     On page 3, after line 2, insert the following:

     "Sec. 3. RCW 43.84.092 and 1997 c 218 s 5 are each amended to read as follows:

     (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

     (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

     (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

     (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

     (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the park land acquisition account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

     (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account.

     (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section."

MOTIONS


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

    On page 1, line 1 of the title, after "RCW 43.51.210" strike the remainder of the title and insert ", 43.51.215, and 43.84.092."

    On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 6152 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6152.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6152 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.   Excused: Senator Zarelli - 1.                 ENGROSSED SUBSTITUTE SENATE BILL NO. 6152, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6270, by Senators Anderson, Spanel, Swecker, West and Oke (by request of Department of Revenue)

 

Eliminating the business and occupation tax on internal distributions.


    The bill was read the second time.

MOTION


    On motion of Senator Strannigan, the rules were suspended, Senate Bill No. 6270 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 Senate Bill No. 6270.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6270 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.   Excused: Senator Zarelli - 1.                 SENATE BILL NO. 6270, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6272, by Senators Long, Strannigan, Kline, Wood, Johnson, Anderson and McAuliffe

 

Authorizing Snohomish county to create one additional district court position.


    The bill was read the second time.


MOTION


    On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6272 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.


MOTION


    On motion of Senator Goings, Senator Loveland was excused.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6272.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6272 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47.        Excused: Senators Loveland and Zarelli - 2.         SENATE BILL NO. 6272, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6279, by Senators Long, Kohl, Hargrove, Zarelli, Franklin, Stevens, Schow and Oke

 

Imposing an additional assessment for persons entering diversion agreements in regard to prostitution offenses.


    The bill was read the second time.


MOTION


    On motion of Senator Long, the rules were suspended, Senate Bill No. 6279 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 Senate Bill No. 6279.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6279 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 48.   Excused: Senator Zarelli - 1.                 SENATE BILL NO. 6279, 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 2:58 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


    The Senate was called to order at 4:00 p.m. by President Owen.


    There being no objection, the President returned the Senate to the fifth order of business.


INTRODUCTION AND FIRST READING

 

SB 6758       by Senators Long, Hargrove and West

 

AN ACT Relating to the work ethic camp program; and repealing RCW 72.09.420.

Referred to Committee on Human Services and Corrections.


    There being no objection, the President advanced the Senate to the sixth order of business.


SECOND READING


    SENATE BILL NO. 6301, by Senators Schow, Horn, Franklin and Heavey

 

Regulating franchise agreements between motor vehicle manufacturers and dealers.


    The bill was read the second time.

MOTION


    On motion of Senator Schow, the rules were suspended, Senate Bill No. 6301 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 Senate Bill No. 6301.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6301 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Absent: Senator Newhouse - 1.             SENATE BILL NO. 6301, 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 Hale, Senators Newhouse and Schow were excused.


SECOND READING


    SENATE BILL NO. 6302, by Senators Winsley and Prentice (by request of Insurance Commissioner Senn)

 

Establishing risk-based capital standards for health carriers.


MOTIONS


    On motion of Senator Winsley, Substitute Senate Bill No. 6302 was substituted for Senate Bill No. 6302 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6302 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 Senate Bill No. 6302.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6302 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.     Absent: Senator Kline - 1.     Excused: Senators Newhouse and Schow - 2.       SUBSTITUTE SENATE BILL NO. 6302, 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 President advanced the Senate to the seventh order of business.


    There being no objection, the Senate resumed consideration of Senate Bill No. 5271, deferred on third reading January 30, 1998.





MOTION


    On motion of Senator Horn, the rules were suspended, Senate Bill No. 5271 was returned to second reading and read the second time.


MOTION


    Senator Patterson moved that the following amendment be adopted:

     On page 2, line 32, after "authority" insert ", only if the elected official is not currently seeking election"

    Debate ensued.


POINT OF INQUIRY


    Senator West: “Senator Patterson, is it your intent or is it a potential unintended consequence, perhaps, that this amendment would prevent a Senator that is up for reelection from submitting a letter to the editor, which would also be printed on the editorial pages and prevent us from exercising our free speech rights?”

    Senator Patterson: “Thank you, Senator West. No, that is not my intent. My intent is simply to prevent politicians who are running for state office from using public facilities and state employees to express their opinions on ballot issues in the newspapers in an election year. Now, I want to make it clear that those opinions that the different caucuses, for instance, might have can still be expressed because half of the Senate is not up for election.”

    Senator West: “Senator Patterson, if I don't use any of my personal staff--my Senate staff--don't use any of my caucus staff, I can write--and I am a pretty good writer myself actually--I could write a guest editorial? How would anybody--?”

    Senator Patterson: “My intent is to prevent us from using state facilities and state employees. My intention is not to prevent you from expressing yourself if you use your own computer at home.”

    The President declared the question before the Senate to be the adoption of the amendment by Senator Patterson on page 2, line 32, to Senate Bill No. 5271.

    The motion by Senator Patterson carried and the amendment was adopted on a rising vote.


MOTION


    On motion of Senator Horn, the rules were suspended, Engrossed Senate Bill No. 5271 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.


POINT OF INQUIRY


    Senator Johnson: “Senator Patterson, the language of the amendment--I'm sorry I'm not looking at the bill--says, 'Only if the elected official is not currently seeking election.' I think under Public Disclosure Commission Rules, the minute you receive a dollar, even though the election is a year or two away, you are a candidate. Maybe that's not the same, but it is something that I am asking you about.”

    Senator Patterson: “Thank you, Senator Johnson. The intent of the amendment is to make that period of time begin the day that you file for reelection. That is what the intent of the amendment is.”

    Further debate ensued.


POINT OF INQUIRY


    Senator Deccio: “Senator Patterson, let me give you a scenario. You are a candidate, so you can't use a guest editorial on a ballot issue or whatever, but your opponent who is supported by the paper is asked to do a guest editorial and he does. What opportunity do you have to respond to that in the same fashion that your opponent did--the way that your amendment reads?”

    Senator Patterson: “Thank you, Senator Deccio, for that question. You would have the same opportunity to respond, Senator, but you would not be able to use state facilities, you would not be able to use your legislative assistant, or any of the state employees to provide that opinion to the newspaper. That is what the amendment is all about, Senator. You can use your own computer at home or your typewriter or your office at home. As long as it is not being supported with tax payers dollars, it is fine.”

    Further debate ensued.


POINT OF INQUIRY


    Senator Schow: “Senator Patterson, are you saying that if I'm not--if I haven't declared as a candidate, then I could use state facilities to answer that guest editorial that somebody else wrote? Well, if someone who is going to be an opponent of mine sometime in the future wrote an article against a guest editorial, but I hadn't declared yet that I was going to be a candidate--I hadn't officially declared--then I could then use my office or state facilities to answer it as long as he or she did this before I had declared?”

    Senator Patterson: “Senator, the intent of the amendment is to prevent us from using state facilities and state employees to respond to a ballot measure, when invited by a newspaper after that period of time which we file for reelection or for election for public office. The intent is not to prevent you from responding with your own personal computer or facilities. Maybe, it would help to put your mind at ease--I would be willing to help those of you with concerns to clarify this amendment in the House. The intent for the record, I think, should be very clear. You may use your own personal computer to express yourself during election time, but you simply may not use state facilities.“



    Further debate ensued.

MOTION


    On motion of Senator Johnson, further consideration of Engrossed Senate Bill No. 5271 was deferred.


THIRD READING


    SENATE BILL NO. 5258, by Senators Hochstatter, Zarelli, Finkbeiner, McAuliffe, Rasmussen and Goings

 

Providing medical assistance in public schools.


    The bill was read the third time.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5258.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 5258 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.       SENATE BILL NO. 5258, 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 President returned the Senate to the sixth order of business.


SECOND READING


    SENATE BILL NO. 5853, by Senators Goings, McCaslin, Haugen, Winsley and Rasmussen

 

Providing for fire protection district finance officers.


MOTIONS


    On motion of Senator McCaslin, Substitute Senate Bill No. 5853 was substituted for Senate Bill No. 5853 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5853 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5853.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 5853 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.       SUBSTITUTE SENATE BILL NO. 5853, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6346, by Senators Johnson and Heavey

 

Allowing withdrawals from regional transportation authorities.


MOTIONS


    On motion of Senator Johnson, Substitute Senate Bill No. 6346 was substituted for Senate Bill No. 6346 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6346 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 Senate Bill No. 6346.




ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6346 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.       SUBSTITUTE SENATE BILL NO. 6346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6599, by Senators Benton, Spanel, Kohl and Oke (by request of Department of Revenue)

 

Exempting fund-raising activities by nonprofit organizations from sales and use taxation.


    The bill was read the second time.


MOTION


    On motion of Senator West, the rules were suspended, Senate Bill No. 6599 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 Senate Bill No. 6599.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6599 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.       SENATE BILL NO. 6599, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING


    SENATE BILL NO. 6439, by Senators Wood, Haugen, Prince and Horn (by request of Department of Transportation)

 

Authorizing design-build demonstration projects.


MOTION


    On motion of Senator Wood, Substitute Senate Bill No. 6439 was substituted for Senate Bill No. 6439 and the substitute bill was placed on second reading and read the second time.


MOTION


    On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 6439 was deferred.


    There being no objection, the President advanced the Senate to the seventh order of business.


    There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 6259, deferred on third reading February 11, 1998.


MOTION


    On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 6259 was returned to second reading and read the second time.


MOTIONS


    On motion of Senator Swecker, the following amendment by Senators Roach and Swecker was adopted:

     On page 2, line 11, after "purchase," strike "condemn by power of eminent domain pursuant to chapters 8.08 and 8.25 RCW,"

    Senator Swecker moved that the following amendment by Senators Roach and Swecker be adopted:

     On page 2, line 24, after "elected to" delete "six-year" and insert "three-year"

    Debate ensued.

    The President declared the question before the Senate to be the adoption of the amendment by Senators Roach and Swecker on page 2, line 24, to Engrossed Substitute Senate Bill No. 6259.



    The motion by Senator Swecker carried and the amendment was adopted.


MOTION


    On motion of Senator Johnson, further consideration of Engrossed Substitute Senate Bill No. 6259 was deferred.


    There being no objection, the President returned the Senate to the sixth order of business.


SECOND READING


    SENATE BILL NO. 6251, by Senators Horn, T. Sheldon, Patterson and Rossi (by request of Department of Information Services)

 

Exempting specified computer software from public disclosure.


MOTIONS


    On motion of Senator Horn, Substitute Senate Bill No. 6251 was substituted for Senate Bill No. 6251 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6251 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

MOTION


    On motion of Senator Hale, Senator Hochstatter was excused.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6251.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6251 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator Hochstatter - 1.         SUBSTITUTE SENATE BILL NO. 6251, 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 Senate Bill No. 6439, deferred on second reading earlier today.


MOTION


    Senator Benton moved that the following amendment by Senators Benton, Bauer and Zarelli be adopted:

     On page 2, line 10, after "projects" insert ", one of which must be the SR 14/192nd Street interchange,"


POINT OF INQUIRY


    Senator Patterson: “Senator Benton, I just wondered if you would accept an oral amendment to add State Route 509 in the thirty-third legislative district on to the list as well?”

    Senator Benton: “Well, actually no, I can't accept that amendment and I will tell you why. In fairness, I think that we should give the

department the right to choose one project and the Legislature should have the right to choose one project.”

    Further debate ensued.

    The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Bauer and Zarelli on page 2, line 10, to Substitute Senate Bill No. 6439.

    The motion by Senator Benton failed and the amendment was not adopted.


MOTION


    On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 6439 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6439.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6439 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Deccio, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kline, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32.          Voting nay: Senators Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Heavey, Johnson, Kohl, Loveland, McAuliffe, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 17.              SUBSTITUTE SENATE BILL NO. 6439, 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.


INTRODUCTION OF SPECIAL GUESTS


    The President welcomed and introduced the following members of the Washington State Future Farmers of America, who were seated in the gallery: Andy Cockle, State President from Nooksack Valley; LeAnn Crossland, State Vice President from Yelm; Melissa Ney, District Vice President from Yelm, and Ron Crawford, State Advisor from Olympia.


SECOND READING


    SENATE BILL NO. 6254, by Senators Schow, Franklin, Horn, Heavey, Johnson and Rasmussen

 

Negotiating land transfers involving manufactured or mobile homes.


MOTIONS


    On motion of Senator Schow, Substitute Senate Bill No. 6254 was substituted for Senate Bill No. 6254 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6254 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 Senate Bill No. 6254.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6254 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.   Absent: Senator Wood - 1.    SUBSTITUTE SENATE BILL NO. 6254, 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 5:29 p.m., on motion of Senator Johnson, the Senate recessed until 7:00 p.m.


    The Senate was called to order at 7:00 p.m. by President Owen.


MOTION


    On motion of Senator Hale, Senator McCaslin was excused.


SECOND READING


    SENATE BILL NO. 6315, by Senators Horn, Wood and Haugen (by request of Transportation Improvement Board)

 

Updating references to the transportation improvement board bond retirement account.


    The bill was read the second time.


MOTION


    On motion of Senator Prince, the rules were suspended, Senate Bill No. 6315 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 Senate Bill No. 6315.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6315 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Absent: Senator Oke - 1.       Excused: Senator McCaslin - 1.            SENATE BILL NO. 6315, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6324, by Senators Morton, Rasmussen, Oke, Swecker and West

 

Rehabilitating salmon and trout populations with a remote site incubator program.


MOTIONS


    On motion of Senator Morton, Substitute Senate Bill No. 6324 was substituted for Senate Bill No. 6324 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6324 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6324.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6324 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SUBSTITUTE SENATE BILL NO. 6324, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6196, by Senators Hargrove and Long (by request of Department of Social and Health Services)

 

Concerning judicial review for certain out-of-home child placements.


MOTIONS


    On motion of Senator Long, Substitute Senate Bill No. 6196 was substituted for Senate Bill No. 6196 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long was adopted:

     On page 3, beginning on line 10, after "home." strike all material through "home." on line 21, and insert "If the department does not accept a voluntary placement agreement signed by the parent, a petition may be filed and an action pursued under chapter 13.34 RCW. The department shall inform the parent, guardian, or legal custodian in writing of their right to civil action under chapter 13.34 RCW."


MOTION

 

    On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 6196 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 Senate Bill No. 6196.


ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6196 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            ENGROSSED SUBSTITUTE SENATE BILL NO. 6196, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6264, by Senators Oke, Rasmussen, Morton, Swecker and Anderson

 

Providing for the mass marking of chinook salmon.


MOTIONS


    On motion of Senator Oke, Second Substitute Senate Bill No. 6264 was substituted for Senate Bill No. 6264 and the second substitute bill was placed on second reading and read the second time.

    On motion of Senator Oke, the rules were suspended, Second Substitute Senate Bill No. 6264 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6264.


ROLL CALL


    The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6264 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 44.               Voting nay: Senators Fairley, Fraser, McAuliffe and Thibaudeau - 4.     Excused: Senator McCaslin - 1.            SECOND SUBSTITUTE SENATE BILL NO. 6264, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6329, by Senators Deccio, Thibaudeau, Wood and Loveland

 

Providing for a certain disclosure of health care information without patient's authorization.


    The bill was read the second time.


MOTION


    On motion of Senator Deccio, the rules were suspended, Senate Bill No. 6329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6329.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6329 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SENATE BILL NO. 6329, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6150, by Senator Swecker

 

Requiring recommendations concerning selective fishing strategies.


MOTIONS


    On motion of Senator Oke, Substitute Senate Bill No. 6150 was substituted for Senate Bill No. 6150 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6150 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6150.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6150 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SUBSTITUTE SENATE BILL NO. 6150, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING


    SENATE BILL NO. 6293, by Senators Benton, Roach, T. Sheldon, Rossi, McDonald and Oke

 

Permanently revoking drivers' licenses upon a drunk driving violation.


MOTIONS


    On motion of Senator Benton, Second Substitute Senate Bill No. 6293 was substituted for Senate Bill No. 6293 and the second substitute bill was placed on second reading and read the second time.

    On motion of Senator Haugen, the following amendment by Senators Haugen, Wood, Winsley and Deccio was adopted:

     On page 9, after line 22, insert the following:

     "NEW SECTION. Sec. 5. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

     Renumber the remaining section and correct any internal references accordingly.


MOTIONS


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

     On page 1, line 3 of the title, after "RCW" strike "creating a new section" and insert "creating new sections"

    On motion of Senator Benton, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6293 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


    Senator Fairley: “Senator Benton, I notice that you have electronic home monitoring required for each of the penalties. There has been some concern raised that some of the smaller counties could not provide this. Can you address that issue, please?”

    Senator Benton: “Yes, thank you, Senator Fairley, for raising that question. That was a question that was considered as this bill came to the Transportation Committee and I believe it was answered to the satisfaction of those on that committee that had that concern in that this is a new technology and it is getting newer and better all the time and within a year will be available by satellite even in the remotest areas of the world--they will be able to use this. The cost is shifted to the offender, so the offender will pay for the cost, so I think that question has been asked and was answered as it came to Transportation--and the answer was, 'Yes, even small remote areas can use this technology for relatively inexpensive cost.'”

    Senator Fairley: “Thank you.”

    Further debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6293.

ROLL CALL


    The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6293 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6293, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6375, by Senators Winsley, Prentice, Sellar, Hale and Benton

 

Setting the rates of interest and other fees charged by pawnbrokers.


    The bill was read the second time.

MOTION


    On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6375 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6375.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6375 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Deccio, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Swecker, West, Winsley, Wood and Zarelli - 34.       Voting nay: Senators Brown, Fairley, Finkbeiner, Heavey, Jacobsen, Kline, Kohl, Oke, Patterson, Snyder, Spanel, Strannigan, Thibaudeau and Wojahn - 14.        Excused: Senator McCaslin - 1.            SENATE BILL NO. 6375, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6352, by Senators Wood and Haugen (by request of Washington State Patrol)

 

Specifying examination eligibility requirements for Washington state patrol officers.


    The bill was read the second time.


MOTION


    On motion of Senator Wood, the rules were suspended, Senate Bill No. 6352 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 Senate Bill No. 6352.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6352 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SENATE BILL NO. 6352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING


    SENATE BILL NO. 6353, by Senators Sellar and Goings (by request of Washington State Patrol)

 

Reflecting actual working hours for disability of Washington state patrol officers.


    The bill was read the second time.

MOTION


    On motion of Senator Sellar, the rules were suspended, Senate Bill No. 6353 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 Senate Bill No. 6353.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6353 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SENATE BILL NO. 6353, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6359, by Senators Finkbeiner, Rossi, Brown and Jacobsen (by request of Utilities and Transportation Commission)

 

Requiring companies that seek to contract with an affiliated interest to file with the utilities and transportation commission.


    The bill was read the second time.


MOTION


    On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 6359 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6359.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6359 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SENATE BILL NO. 6359, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6360, by Senators Johnson and Kline

 

Prescribing garnishee's processing fees.


    The bill was read the second time.


MOTION


    On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6360 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 Senate Bill No. 6360.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6360 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47.          Voting nay: Senator Wojahn - 1.           Excused: Senator McCaslin - 1.            SENATE BILL NO. 6360, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6379, by Senators Anderson, Spanel and Roach

 

Extending the retail sales tax exemption for sales of laundry service.


MOTIONS


    On motion of Senator Strannigan, Substitute Senate Bill No. 6379 was substituted for Senate Bill No. 6379 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Strannigan, the rules were suspended, Substitute Senate Bill No. 6379 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 Senate Bill No. 6379.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6379 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.            Excused: Senator McCaslin - 1.            SUBSTITUTE SENATE BILL NO. 6379, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6380, by Senators Winsley, Prentice, Hale, Oke, Patterson and Goings (by request of Department of Community, Trade, and Economic Development)

 

Providing mobile home relocation assistance.


    The bill was read the second time.


MOTION


    On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6380 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 Senate Bill No. 6380.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6380 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Absent: Senator Hargrove - 1.               Excused: Senator McCaslin - 1.            SENATE BILL NO. 6380, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6383, by Senators Wood and Fairley

 

Creating inactive license status for physical therapists.


    The bill was read the second time.

MOTION


    On motion of Senator Wood, the rules were suspended, Senate Bill No. 6383 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6383.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6383 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Absent: Senator Prentice - 1.                 Excused: Senator McCaslin - 1.            SENATE BILL NO. 6383, 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 Goings, Senator Prentice was excused.


SECOND READING


    SENATE BILL NO. 6387, by Senators Fraser, Swecker, Fairley, Rasmussen and Winsley

 

Authorizing charitable deductions from retirement allowances.


    The bill was read the second time.

MOTION


    On motion of Senator West, the rules were suspended, Senate Bill No. 6387 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6387.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6387 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SENATE BILL NO. 6387, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6398, by Senators McCaslin and Winsley (by request of Secretary of State Munro)

 

Regulating voting system tests.


    The bill was read the second time.


MOTION


    On motion of Senator Hale, the rules were suspended, Senate Bill No. 6398 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 Senate Bill No. 6398.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6398 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SENATE BILL NO. 6398, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6400, by Senators Brown, Finkbeiner, Oke and Thibaudeau (by request of Department of Social and Health Services)

 

Extending the Washington telephone assistance program through 2003.


    The bill was read the second time.

MOTION


    On motion of Senator Finkbeiner, the rules were suspended, Senate Bill No. 6400 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 Senate Bill No. 6400.


ROLL CALL


    The Secretary called the roll on the final passage of Senate Bill No. 6400 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SENATE BILL NO. 6400, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6409, by Senators Hargrove and Long (by request of Department of Social and Health Services)

 

Redistributing responsibilities for care for children with developmental disabilities provided by the department of social and health services in the division of developmental disabilities.


MOTIONS


    On motion of Senator Long, Substitute Senate Bill No. 6409 was substituted for Senate Bill No. 6409 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6409 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

    Debate ensued.

    The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6409.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6409 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SUBSTITUTE SENATE BILL NO. 6409, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


    SENATE BILL NO. 6420, by Senators Schow, Heavey and Winsley (by request of Employment Security Department)

 

Allowing an application for initial determination to be in writing or in another form determined by the commissioner of the employment security department.

MOTIONS


    On motion of Senator Schow, Substitute Senate Bill No. 6420 was substituted for Senate Bill No. 6420 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6420 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 Senate Bill No. 6420.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6420 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SUBSTITUTE SENATE BILL NO. 6420, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING


    SENATE BILL NO. 6422, by Senators Schow, Heavey and Winsley (by request of Employment Security Department)

 

Providing support for collaborative efforts toward worker reemployment.


MOTIONS


    On motion of Senator Schow, Substitute Senate Bill No. 6422 was substituted for Senate Bill No. 6422 and the substitute bill was placed on second reading and read the second time.

    On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6422 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 Senate Bill No. 6422.


ROLL CALL


    The Secretary called the roll on the final passage of Substitute Senate Bill No. 6422 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

    Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.      Excused: Senators McCaslin and Prentice - 2.      SUBSTITUTE SENATE BILL NO. 6422, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION


    At 9:01 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Friday, February 13, 1998.


BRAD OWEN, President of the Senate


IKE O'CONNELL, Secretary of the Senate