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FIFTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 2, 1998

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Benton, Finkbeiner, Hargrove, McDonald, Patterson, Rasmussen, Roach, Sellar and West. On motion of Senator Hale, Senators Benton, Finkbeiner, McDonald, Roach, Sellar and West were excused. On motion of Senator Franklin, Senators Bauer, Hargrove, Patterson and Rasmussen were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Elizabeth Hamel and Adam Hill, presented the Colors. Reverend Tom Minnich, pastor of Heritage Baptist Church of Monroe, and a guest of Senator Val Stevens, 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.


REPORTS OF STANDING COMMITTEES

February 27, 1998

SHB 2051          Prime Sponsor, House Committee on Agriculture and Ecology: Exempting environmental remedial services, labor, and businesses from taxation. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Fraser, Hochstatter, Kohl, Long, Loveland, Rossi, Schow, B. Sheldon, Spanel, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


February 27, 1998

HB 2371            Prime Sponsor, Representative Carlson: Creating a medical expense plan for certain retirees. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Fraser, Hochstatter, Kohl, Long, Loveland, Rossi, Schow, B. Sheldon, Spanel, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


February 27, 1998

SHB 2922          Prime Sponsor, House Committee on Appropriations: Administering the deferred compensation plan. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Fraser, Hochstatter, Kohl, Long, Loveland, Rossi, Schow, B. Sheldon, Spanel, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


February 24, 1998


Mr. Michael O'Connell

Secretary of the Senate

P. O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. O'Connell:

      Enclosed is the Report to the Legislature regarding “Racial Disproportionality in County Juvenile Facilities 1990--1996.” This report is required by RCW 13.06.050(3).

      Please call Rebecca Sayan at (360) 902-8098 if you have questions about the report.

Sincerely,

LYLE QUASIM, Secretary


      The Report on Racial Disproportionality in County Juvenile Facilities 1990-1996 from the Department of Social and Health Services is on file in the Office of the Secretary of the Senate.


MOTION


      On motion of Senator Wood, the following resolution was adopted:


SENATE RESOLUTION 1998-8708


By Senators Wood, Spanel, B. Sheldon, Heavey, Rasmussen and Kohl


      WHEREAS, The Washington State Legislature, in 1981, established the Washington Scholars Program to recognize selected senior students from Washington public and private high schools for their academic achievements, leadership abilities, and community service contributions; and

      WHEREAS, Three graduating seniors are selected from each of the state's forty-nine legislative districts by a review committee composed of distinguished secondary and postsecondary educators; and

      WHEREAS, The students selected for special recognition as Washington Scholars have distinguished themselves by their energy and diversity as student leaders; as participants in music, debate, sports, and other activities; and through valuable service to their communities; and

      WHEREAS, The families of these students have nurtured and supported the individual interests and special talents of their children; and

      WHEREAS, The state of Washington benefits from the accomplishments of these caring and gifted individuals, not only as students, but as citizens of our communities and our state;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and congratulate the Washington Scholars for their hard work, dedication, and maturity in achieving this noteworthy accomplishment; and

      BE IT FURTHER RESOLVED, That the Senate commend the families of these students for their encouragement and support; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to all of the Washington Scholars from each of the forty-nine legislative districts.


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


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1193, by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Dunn, L. Thomas, Wolfe, Scott and Wensman)

 

Controlling personal service contracts.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the following Committee on Government Operations amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 39.29.003 and 1993 c 433 s 1 are each amended to read as follows:

       It is the intent of this chapter to establish a policy of open competition for all personal service contracts ((and subcontracts to personal service contracts)) entered into by state agencies, unless specifically exempted under this chapter. It is further the intent to provide for legislative and executive review of all personal service contracts, to centralize the location of information about personal service contracts for ease of public review, and ensure proper accounting of personal services expenditures.

       Sec. 2. RCW 39.29.006 and 1993 c 433 s 2 are each amended to read as follows:

       As used in this chapter:

       (1) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional, and other types of institutions.

       (2) "Client services" means services provided directly to agency clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.

       (3) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.

       (4) "Consultant" means an independent individual or firm contracting with an agency to perform a service or render an opinion or recommendation according to the consultant's methods and without being subject to the control of the agency except as to the result of the work. The agency monitors progress under the contract and authorizes payment.

       (5) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:

       (a) Present a real, immediate threat to the proper performance of essential functions; or

       (b) May result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.

       (6) "Evidence of competition" means documentation demonstrating that the agency has solicited responses from multiple firms in selecting a consultant.

       (7) "Personal service" means professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. This term does not include purchased services as defined under subsection (9) of this section. This term does include client services.

       (8) "Personal service contract" means an agreement, or any amendment thereto, with a consultant for the rendering of personal services to the state which is consistent with RCW 41.06.380.

       (9) "Purchased services" means services provided by a vendor to accomplish routine, continuing and necessary functions. This term includes, but is not limited to, services acquired under RCW 43.19.190 or 43.105.041 for equipment maintenance and repair; operation of a physical plant; security; computer hardware and software maintenance; data entry; key punch services; and computer time-sharing, contract programming, and analysis.

       (10) "Sole source" means a consultant providing professional or technical expertise of such a unique nature that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be based on either the uniqueness of the service or sole availability at the location required.

       (((11) "Subcontract" means a contract assigning some of the work of a contract to a third party.))

       Sec. 3. RCW 39.29.011 and 1987 c 414 s 3 are each amended to read as follows:

       All personal service contracts shall be entered into pursuant to competitive solicitation, except for:

       (1) Emergency contracts;

       (2) Sole source contracts;

       (3) Contract amendments;

       (4) Contracts between a consultant and an agency of less than ((ten)) twenty thousand dollars. However, contracts of ((two)) five thousand ((five hundred)) dollars or greater but less than ((ten)) twenty thousand dollars shall have documented evidence of competition. Agencies shall not structure contracts to evade these requirements; and

       (5) Other specific contracts or classes or groups of contracts exempted from the competitive solicitation process by the director of the office of financial management when it has been determined that a competitive solicitation process is not appropriate or cost-effective.

       Sec. 4. RCW 39.29.016 and 1996 c 288 s 29 are each amended to read as follows:

       Emergency contracts shall be filed with the office of financial management ((and the joint legislative audit and review committee)) and made available for public inspection within three working days following the commencement of work or execution of the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to the office of financial management ((and the joint legislative audit and review committee)) when the contract is filed.

       Sec. 5. RCW 39.29.018 and 1996 c 288 s 30 are each amended to read as follows:

       (1) Sole source contracts shall be filed with the office of financial management ((and the joint legislative audit and review committee)) and made available for public inspection at least ten working days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management ((and the joint legislative audit and review committee)) when the contract is filed. For sole source contracts of ((ten)) twenty thousand dollars or more ((that are state funded)), documented justification shall include evidence that the agency attempted to identify potential consultants by advertising through state-wide or regional newspapers.

       (2) The office of financial management shall approve sole source contracts of ((ten)) twenty thousand dollars or more ((that are state funded,)) before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than ((ten)) twenty thousand dollars if the total amount of such contracts between an agency and the same consultant is ((ten)) twenty thousand dollars or more within a fiscal year. Agencies shall ensure that the costs, fees, or rates negotiated in filed sole source contracts of ((ten)) twenty thousand dollars or more are reasonable.

       Sec. 6. RCW 39.29.025 and 1996 c 288 s 31 are each amended to read as follows:

       (1) Substantial changes in either the scope of work specified in the contract or in the scope of work specified in the formal solicitation document must generally be awarded as new contracts. Substantial changes executed by contract amendments must be submitted to the office of financial management ((and the joint legislative audit and review committee)), and are subject to approval by the office of financial management.

       (2) An amendment or amendments to personal service contracts, if the value of the amendment or amendments, whether singly or cumulatively, exceeds fifty percent of the value of the original contract must be provided to the office of financial management ((and the joint legislative audit and review committee)).

       (3) The office of financial management shall approve amendments provided to it under this section before the amendments become binding and before services may be performed under the amendments.

       (4) The amendments must be filed with the office of financial management and made available for public inspection at least ten working days prior to the proposed starting date of services under the amendments.

       (5) The office of financial management shall approve amendments provided to it under this section only if they meet the criteria for approval of the amendments established by the director of the office of financial management.

       Sec. 7. RCW 39.29.040 and 1996 c 2 s 19 are each amended to read as follows:

       This chapter does not apply to:

       (1) Contracts specifying a fee of less than ((two)) five thousand ((five hundred)) dollars if the total of the contracts from that agency with the contractor within a fiscal year does not exceed ((two)) five thousand ((five hundred)) dollars;

       (2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;

       (3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;

       (4) Contracts awarded for services to be performed for a standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like contract is available to all qualified applicants;

       (5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by the funding source;

       (6) Contracts for client services;

       (7) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;

       (8) Contracts for the employment of expert witnesses for the purposes of litigation; and

       (9) Contracts for bank supervision authorized under RCW 30.38.040.

       Sec. 8. RCW 39.29.055 and 1996 c 288 s 32 are each amended to read as follows:

       (1) ((State-funded)) Personal service contracts subject to competitive solicitation shall be (a) filed with the office of financial management ((and the joint legislative audit and review committee)) and made available for public inspection ((at least ten working days before the proposed starting date of the contract)); and (b) reviewed and approved by the office of financial management when those contracts provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting.

       (2) ((The office of financial management shall review and approve state-funded)) Personal service contracts subject to competitive solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting shall be made available for public inspection at least ten working days before the proposed starting date of the contract. All other contracts shall be effective no earlier than the date they are filed with the office of financial management.

       Sec. 9. RCW 39.29.065 and 1987 c 414 s 8 are each amended to read as follows:

       To implement this chapter, the director of the office of financial management shall establish procedures for the competitive solicitation and award of personal service contracts, recordkeeping requirements, and procedures for the reporting and filing of contracts. For reporting purposes, the director may establish categories for grouping of contracts. The procedures required under this section shall also include the criteria for amending personal service contracts. At the beginning of each biennium, the director may, by administrative policy, adjust the dollar thresholds prescribed in RCW 39.29.011, 39.29.018, 39.29.040, and 39.29.068 to levels not to exceed the percentage increase in the implicit price deflator. Adjusted dollar thresholds shall be rounded to the nearest five hundred dollar increment.

       Sec. 10. RCW 39.29.068 and 1993 c 433 s 8 are each amended to read as follows:

       The office of financial management shall maintain a publicly available list of all personal service contracts entered into by state agencies during each fiscal year. The list shall identify the contracting agency, the contractor, the purpose of the contract, effective dates and periods of performance, the cost of the contract and funding source, any modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis. The office of financial management shall also ensure that state accounting definitions and procedures are consistent with RCW 39.29.006 and permit the reporting of personal services expenditures by agency and by type of service. Designations of type of services shall include, but not be limited to, management and organizational services, legal and expert witness services, financial services, computer and information services, social or technical research, marketing, communications, and employee training or recruiting services. The office of financial management shall report annually to the fiscal committees of the senate and house of representatives on sole source contracts filed under this chapter. The report shall describe: (1) The number and aggregate value of contracts for each category established in this section; (2) the number and aggregate value of contracts of ((two)) five thousand ((five hundred)) dollars or greater but less than ((ten)) twenty thousand dollars; (3) the number and aggregate value of contracts of ((ten)) twenty thousand dollars or greater; (4) the justification provided by agencies for the use of sole source contracts; and (5) any trends in the use of sole source contracts.

       NEW SECTION. Sec. 11. A new section is added to chapter 39.29 RCW to read as follows:

       Personal service contracts awarded by institutions of higher education from nonstate funds do not have to be filed in advance and approved by the office of financial management. Any such contract is subject to all other requirements of this chapter, including the requirements under RCW 39.29.068 for annual reporting of personal service contracts to the office of financial management.

       NEW SECTION. Sec. 12. RCW 39.29.035 and 1993 c 433 s 4 are each repealed."


MOTIONS


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

       On page 1, line 1 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 39.29.003, 39.29.006, 39.29.011, 39.29.016, 39.29.018, 39.29.025, 39.29.040, 39.29.055, 39.29.065, and 39.29.068; adding a new section to chapter 39.29 RCW; and repealing RCW 39.29.035."

      On motion of Senator McCaslin, the rules were suspended, Substitute House Bill No. 1193, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1193, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1193, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 39.               Excused: Senators Bauer, Benton, Finkbeiner, Hargrove, McDonald, Patterson, Rasmussen, Roach, Sellar and West - 10.                SUBSTITUTE HOUSE BILL NO. 1193, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769, by House Committee on Health Care (originally sponsored by Representatives Zellinsky, Sheldon and L. Thomas)

 

Providing for the electronic transfer of prescriptions.


      The bill was read the second time.


MOTION


      On motion of Senator Deccio, the following Committee on Health and Long-Term Care amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 69.41.010 and 1996 c 178 s 16 are each amended to read as follows:

       As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

       (1) "Administer" means the direct application of a legend drug whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

       (a) A practitioner; or

       (b) The patient or research subject at the direction of the practitioner.

       (2) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a legend drug, whether or not there is an agency relationship.

       (3) "Department" means the department of health.

       (4) "Dispense" means the interpretation of a prescription or order for a legend drug and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

       (5) "Dispenser" means a practitioner who dispenses.

       (6) "Distribute" means to deliver other than by administering or dispensing a legend drug.

       (7) "Distributor" means a person who distributes.

       (8) "Drug" means:

       (a) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;

       (b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

       (c) Substances (other than food, minerals or vitamins) intended to affect the structure or any function of the body of man or animals; and

       (d) Substances intended for use as a component of any article specified in clause (a), (b), or (c) of this subsection. It does not include devices or their components, parts, or accessories.

       (9) "Electronic communication of prescription information" means the communication of prescription information by computer, or the transmission of an exact visual image of a prescription by facsimile, or other electronic means for original prescription information or prescription refill information for a legend drug between an authorized practitioner and a pharmacy or the transfer of prescription information for a legend drug from one pharmacy to another pharmacy.

       (10) "Legend drugs" means any drugs which are required by state law or regulation of the state board of pharmacy to be dispensed on prescription only or are restricted to use by practitioners only.

       (((10))) (11) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

       (((11))) (12) "Practitioner" means:

       (a) A physician under chapter 18.71 RCW, an osteopathic physician or an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, an optometrist under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, an osteopathic physician assistant under chapter 18.57A RCW, a physician assistant under chapter 18.71A RCW, a naturopath licensed under chapter 18.36A RCW, or a pharmacist under chapter 18.64 RCW;

       (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a legend drug in the course of professional practice or research in this state; and

       (c) A physician licensed to practice medicine and surgery or a physician licensed to practice osteopathic medicine and surgery in any state, or province of Canada, which shares a common border with the state of Washington.

       (((12))) (13) "Secretary" means the secretary of health or the secretary's designee.

       NEW SECTION. Sec. 2. A new section is added to chapter 69.41 RCW to read as follows:

       (1) Information concerning an original prescription or information concerning a prescription refill for a legend drug may be electronically communicated between an authorized practitioner and a pharmacy of the patient's choice with no intervening person having access to the prescription drug order pursuant to the provisions of this chapter if the electronically communicated prescription information complies with the following:

       (a) Electronically communicated prescription information must comply with all applicable statutes and rules regarding the form, content, recordkeeping, and processing of a prescription for a legend drug;

       (b) The system used for transmitting electronically communicated prescription information and the system used for receiving electronically communicated prescription information must be approved by the board. This subsection does not apply to currently used facsimile equipment transmitting an exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for electronically communicating prescription information currently approved by the board;

       (c) An explicit opportunity for practitioners must be made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;

       (d) Prescription drug orders are confidential health information, and may be released only to the patient or the patient's authorized representative, the prescriber or other authorized practitioner then caring for the patient, or other persons specifically authorized by law to receive such information;

       (e) To maintain confidentiality of prescription records, the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized access, modification, or manipulation of these records. The pharmacist in charge shall establish or verify the existence of policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the pharmacy by electronic means. All managers, employees, and agents of the pharmacy are required to read, sign, and comply with the established policies and procedures; and

       (f) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and guidelines of the board.

       (2) The board may adopt rules implementing this section.

       Sec. 3. RCW 69.50.101 and 1996 c 178 s 18 are each amended to read as follows:

       Unless the context clearly requires otherwise, definitions of terms shall be as indicated where used in this chapter:

       (a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

       (1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or

       (2) the patient or research subject at the direction and in the presence of the practitioner.

       (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.

       (c) "Board" means the state board of pharmacy.

       (d) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or board rules.

       (e)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

       (i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

       (ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

       (2) The term does not include:

       (i) a controlled substance;

       (ii) a substance for which there is an approved new drug application;

       (iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or

       (iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

       (f) "Deliver" or "delivery," means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

       (g) "Department" means the department of health.

       (h) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

       (i) "Dispenser" means a practitioner who dispenses.

       (j) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

       (k) "Distributor" means a person who distributes.

       (l) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.

       (m) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

       (n) "Immediate precursor" means a substance:

       (1) that the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;

       (2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

       (3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

       (o) "Isomer" means an optical isomer, but in RCW 69.50.101(r)(5), 69.50.204(a) (12) and (34), and 69.50.206(a)(4), the term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the term includes any positional isomer; and in RCW 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any positional or geometric isomer.

       (p) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:

       (1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

       (2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

       (q) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

       (r) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

       (1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.

       (2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.

       (3) Poppy straw and concentrate of poppy straw.

       (4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

       (5) Cocaine, or any salt, isomer, or salt of isomer thereof.

       (6) Cocaine base.

       (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.

       (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).

       (s) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.

       (t) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

       (u) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

       (v) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

       (w) "Practitioner" means:

       (1) A physician under chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92 RCW, a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

       (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

       (3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

       (x) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

       (y) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

       (z) "Secretary" means the secretary of health or the secretary's designee.

       (aa) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

       (bb) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

       (cc) "Electronic communication of prescription information" means the communication of prescription information by computer, or the transmission of an exact visual image of a prescription by facsimile, or other electronic means for original prescription information or prescription refill information for a Schedule III-V controlled substance between an authorized practitioner and a pharmacy or the transfer of prescription information for a controlled substance from one pharmacy to another pharmacy.

       NEW SECTION. Sec. 4. A new section is added to chapter 69.50 RCW to read as follows:

       (1) Information concerning an original prescription or information concerning a prescription refill for a controlled substance may be electronically communicated to a pharmacy of the patient's choice pursuant to the provisions of this chapter if the electronically communicated prescription information complies with the following:

       (a) Electronically communicated prescription information must comply with all applicable statutes and rules regarding the form, content, recordkeeping, and processing of a prescription for a legend drug;

       (b) The system used for transmitting electronically communicated prescription information and the system used for receiving electronically communicated prescription information must be approved by the board. This subsection does not apply to currently used facsimile equipment transmitting an exact visual image of the prescription. The board shall maintain and provide, upon request, a list of systems used for electronically communicating prescription information currently approved by the board;

       (c) An explicit opportunity for practitioners must be made to indicate their preference on whether a therapeutically equivalent generic drug may be substituted;

       (d) Prescription drug orders are confidential health information, and may be released only to the patient or the patient's authorized representative, the prescriber or other authorized practitioner then caring for the patient, or other persons specifically authorized by law to receive such information;

       (e) To maintain confidentiality of prescription records, the electronic system shall have adequate security and systems safeguards designed to prevent and detect unauthorized access, modification, or manipulation of these records. The pharmacist in charge shall establish or verify the existence of policies and procedures which ensure the integrity and confidentiality of prescription information transmitted to the pharmacy by electronic means. All managers, employees, and agents of the pharmacy are required to read, sign, and comply with the established policies and procedures; and

       (f) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order received by way of electronic transmission, consistent with federal and state laws and rules and guidelines of the board.

       (2) The board may adopt rules implementing this section."


MOTIONS


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

       On page 1, beginning on line 1 of the title, after "information;" strike the remainder of the title and insert "amending RCW 69.41.010 and 69.50.101; adding a new section to chapter 69.41 RCW; and adding a new section to chapter 69.50 RCW."

      On motion of Senator Johnson, the rules were suspended, Engrossed Substitute House Bill No. 1769, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1769, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1769, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.      Excused: Senators Bauer, Benton, Finkbeiner, Hargrove, McDonald, Patterson and Rasmussen - 7.                  ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1867, by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody and Sullivan) (by request of Department of Health)

 

Revising provisions for food sanitation and safety.


      The bill was read the second time.


MOTION


      On motion of Senator Deccio, the following Committee on Health and Long-Term Care amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 69.06.010 and 1987 c 223 s 5 are each amended to read as follows:

       It shall be unlawful for any person to be employed in the handling of unwrapped or unpackaged food unless he or she shall furnish and place on file with the person in charge of such establishment, a food and beverage service worker's permit, as prescribed by the state board of health. Such permit shall be kept on file by the employer or kept by the employee on his or her person and open for inspection at all reasonable hours by authorized public health officials. Such permit shall be returned to the employee upon termination of employment. Initial permits, including limited duty permits, shall be valid for two years from the date of issuance. Subsequent renewal permits shall be valid for ((five)) three years from the date of issuance, except an employee may be granted a renewal permit that is valid for five years from the date of issuance if the employee demonstrates that he or she has obtained additional food safety training prior to renewal of the permit. Rules establishing minimum training requirements must be adopted by the state board of health and developed by the department of health in conjunction with local health jurisdictions and representatives of the food service industry.

       NEW SECTION. Sec. 2. A new section is added to chapter 69.06 RCW to read as follows:

       The local health officer may issue a limited duty permit when necessary to reasonably accommodate a person with a disability. The limited duty permit must specify the activities that the permit holder may perform, and must include only activities having low public health risk.

       Sec. 3. RCW 69.06.020 and 1987 c 223 s 6 are each amended to read as follows:

       The permit provided in RCW 69.06.010 or section 2 of this act shall be valid in every city, town and county in the state, for the period for which it is issued, and no other health certificate shall be required of such employees by any municipal corporation or political subdivision of the state. The cost of the permit shall be uniform throughout the state and shall be in that amount set by the state board of health. The cost of the permit shall reflect actual costs of food worker training and education, administration of the program, and testing of applicants. The state board of health shall periodically review the costs associated with the permit program and adjust the fee accordingly. The board shall also ensure that the fee is not set at an amount that would prohibit low-income persons from obtaining permits.

       Sec. 4. RCW 69.06.030 and 1957 c 197 s 3 are each amended to read as follows:

       It shall be unlawful for any person afflicted with any contagious or infectious disease that may be transmitted by food or beverage to work in or about any place where unwrapped or unpackaged food and/or beverage products are prepared or sold, or offered for sale for human consumption and it shall be unlawful for any person knowingly to employ a person so afflicted. Nothing in this section eliminates any authority or requirement to control or suppress communicable diseases pursuant to chapter 70.05 RCW and RCW 43.20.050(2)(e).

       Sec. 5. RCW 69.06.050 and 1957 c 197 s 5 are each amended to read as follows:

       Individuals under this chapter ((shall have thirty days from commencement of employment to secure health permits)) must obtain a food and beverage service workers' permit within fourteen days from commencement of employment. Individuals under this chapter may work for up to fourteen calendar days without a food and beverage service workers' permit, provided that they receive information or training regarding safe food handling practices from the employer prior to commencement of employment. Documentation that the information or training has been provided to the individual must be kept on file by the employer.

       NEW SECTION. Sec. 6. Section 1 of this act takes effect July 1, 1999."


MOTIONS


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

       On page 1, beginning on line 1 of the title, after "permits;" strike the remainder of the title and insert "amending RCW 69.06.010, 69.06.020, 69.06.030, and 69.06.050; adding a new section to chapter 69.06 RCW; and providing an effective date."

      On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1867, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1867, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1867, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.                    Excused: Senators Bauer, Benton, Finkbeiner, McDonald and Patterson - 5.                  SUBSTITUTE HOUSE BILL NO. 1867, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2297, by House Committee on Government Administration (originally sponsored by Representatives Sehlin and Hankins)

 

Recording documents.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the rules were suspended, Engrossed Substitute House Bill No. 2297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2297.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2297 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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 - 45.  Excused: Senators Bauer, Benton, Finkbeiner and McDonald - 4.        ENGROSSED SUBSTITUTE HOUSE BILL NO. 2297, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2144, by Representatives Smith, L. Thomas, Wolfe, Sullivan, Wensman and Anderson

 

Designating depositaries.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, House Bill No. 2144 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2144.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2144 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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 - 45.  Excused: Senators Bauer, Benton, Finkbeiner and McDonald - 4.        HOUSE BILL NO. 2144, 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


      SECOND SUBSTITUTE HOUSE BILL NO. 1065, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Wolfe and Mason) (by request of Insurance Commissioner Senn)

 

Filing certain insurance related corporate documents.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Second Substitute House Bill No. 1065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1065.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1065 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.  Absent: Senator Stevens - 1.  Excused: Senators Bauer, Benton and McDonald - 3.           SECOND SUBSTITUTE HOUSE BILL NO. 1065, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2295, by House Committee on Law and Justice (originally sponsored by Representatives Sheahan and Costa) (by request of Court of Appeals)

 

Revising procedures for staggering of terms for new court of appeals positions.


      The bill was read the second time.


MOTION


      On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 2295 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2295.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2295 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.  Absent: Senator Stevens - 1.  Excused: Senators Bauer, Benton and McDonald - 3.           SUBSTITUTE HOUSE BILL NO. 2295, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2321, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Smith and Wolfe)

 

Allowing consumer loan companies to charge borrowers fees for services provided by third parties.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2321 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2321.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2321 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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 - 46.   Excused: Senators Bauer, Benton and McDonald - 3.           SUBSTITUTE HOUSE BILL NO. 2321, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2350, by Representatives McDonald, Mulliken, Thompson, Dunn, Lambert, Mason and Sullivan

 

Directing the Washington state crime information center to provide law enforcement agencies with access to sex offender central registry information.


      The bill was read the second time.


MOTION


      On motion of Senator Long, the rules were suspended, Engrossed House Bill No. 2350 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2350.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2350 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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.   Excused: Senators Bauer and McDonald - 2.        ENGROSSED HOUSE BILL NO. 2350, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 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.


      The bill was read the second time.


MOTION


      On motion of Senator Strannigan, the rules were suspended, Substitute House Bill No. 2364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2364.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2364 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, 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.   Excused: Senators Bauer and McDonald - 2.        SUBSTITUTE HOUSE BILL NO. 2364, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2575, by Representatives Pennington, D. Schmidt, Lisk, Skinner, Honeyford, Carlson, Kessler and Mulliken

 

Clarifying restrictions on public disclosure commission members' activities.


      The bill was read the second time.


MOTION


      On motion of Senator McCaslin, the rules were suspended, House Bill No. 2575 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2575.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2575 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, Morton, Newhouse, Oke, Patterson, Prince, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27.      Voting nay: Senators Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Prentice, Rasmussen, Roach, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 20.        Excused: Senators Bauer and McDonald - 2.      HOUSE BILL NO. 2575, 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.


POINT OF INQUIRY


      Senator McCaslin: “Senator Sheldon, in your terminology, what does 'consent' mean?”

      Senator Betti Sheldon: “Senator McCaslin, is that rhetorical?”

      Senator McCaslin: “No, it isn't.”


MOTION


      At 10:04 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 10:57 a.m. by Vice President Pro Tempore Morton.


.                                                                                             SECOND READING


      SUBSTITUTE HOUSE BILL NO. 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.


      The bill was read the second time.

MOTION


      On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 2931 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2931.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2931 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 45.  Voting nay: Senator Zarelli - 1.        Absent: Senator Schow - 1.   Excused: Senators Bauer and McDonald - 2.      SUBSTITUTE HOUSE BILL NO. 2931, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED HOUSE BILL NO. 2920, by Representatives Skinner, Cody, Dyer and Wood

 

Clarifying continuing education requirements for counselors.


      The bill was read the second time.

MOTION


      On motion of Senator Johnson, the rules were suspended, Engrossed House Bill No. 2920 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 Schow was excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2920.

ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2920 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 44.         Voting nay: Senators Sellar and Zarelli - 2.      Excused: Senators Bauer, McDonald and Schow - 3.           ENGROSSED HOUSE BILL NO. 2920, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2330, by House Committee on Education (originally sponsored by Representatives Hickel, Johnson, Backlund and D. Sommers)

 

Authorizing church schools.


      The bill was read the second time.

MOTION


      On motion of Senator Hochstatter, the rules were suspended, Engrossed Substitute House Bill No. 2330 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


OBJECTION TO MOTION


      Senator McAuliffe objected, because she had amendments to the bill.


REPLY BY THE VICE PRESIDENT PRO TEMPORE


      Vice President Pro Tempore Morton: “Without objection, we will hold Engrossed Substitute House Bill No. 2330 and we will move on--”


POINT OF ORDER


      Senator Johnson: “A point of order. There is an objection. We are on third reading and we should proceed now with Engrossed Substitute House Bill No. 2330, Mr. President.”


MOTION


      Senator Snyder moved that the rules be suspended, and Engrossed Substitute House Bill No. 2330 be returned to second reading for the purpose of amendments.


POINT OF ORDER


      Senator Johnson: “A point of order. By way of clarification, I take it that suspending the rules requires a two-thirds vote.”


REPLY BY THE VICE PRESIDENT PRO TEMPORE


      Vice President Pro Tempore Morton: “That is correct. No? We need a little consulting up here. The President rules that because we are within the ten days preceding adjournment that, therefore, a majority is all that is required on this motion.”

      Senator Johnson: “Is this not the fiftieth day? Wouldn't tomorrow be within the ten days of the sixty days?”

      Vice President Pro Tempore Morton: “The President is going to rule on the following basis--reading from the permanent rules of the Senate, that on or after the tenth day preceding adjournment, Sine Die, of any session--and this has been upheld, it is my understanding, by President Cherberg, previously--and also President Pritchard. On that basis, it would take then a majority vote.”

      Debate ensued.

      Senator Bertti Sheldon demanded a roll call and the demand was sustained.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the motion by Senator Snyder to suspend the rules and return Engrossed Substitute House Bill No. 2330 to second reading.


ROLL CALL


      The Secretary called the roll and the motion by Senator Snyder failed and the Senate did not return Engrossed Substitute House Bill No. 2330 to second reading by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

      Voting yea: Senators Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 22.                 Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.     Excused: Senator Bauer - 1.

      The Vice President Pro Tempore declared that Engrossed Substitute House Bill No. 2330 was still on third reading.

      Debate ensued.


POINT OF INQUIRY


      Senator Heavey: “Senator Hochstatter, I am not an expert on certification, but I understand that with certification you get a background check and you get finger-printed and your records are run through. Correct?”

      Senator Hochstatter: “Yes.”

      Senator Heavey: “So, would it be possible, under this bill, at a church school that would fall under this bill, for a recent released sex offender to be a teacher of children?”

      Senator Hochstatter: “Senator Heavey, this allows the parents to consider those risks. There are non-affiliated or approved church schools that they could attend--approved private schools--that they could attend that do require all of these things. These non-affiliated schools do not require them and it is the choice that we are offering the parents of those children.”

      Further debate ensued.

      Senators West, McDonald and Johnson demanded the previous question and the demand was sustained.


PARLIAMENTARY INQUIRY


      Senator Heavey: “Mr. President, a point of parliamentary inquiry. Isn't the demand for the previous question subject to, at least at this point, a majority vote?”


REPLY BY THE VICE PRESIDENT PRO TEMPORE


      Vice President Pro Tempore Morton: “Senator Heavey, it is my understanding that we needed two members to support the motion that was made. We had more than that. I had asked for one-sixth and we had more than the two. All right? Now it is a simple majority--of those that are present, incidently. All right?”

      The Vice President Pro Tempore declared the question before the Senate to be the motion by Senator West for the previous question.

      The motion by Senator West for the previous question carried on a rising vote.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2330.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2330 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30.   Voting nay: Senators Brown, Fairley, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 18.     Excused: Senator Bauer - 1.  ENGROSSED SUBSTITUTE HOUSE BILL NO. 2330, 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 11:55 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 3:09 p.m. by President Pro Tempore Newhouse.


MOTION


      On motion of Senator Johnson, the Senate reverted to the fourth order of business.


MESSAGES FROM THE HOUSE


February 27, 1998

MR. PRESIDENT:

      The House has passed HOUSE BILL NO. 2335, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 27, 1998

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1184,

      SUBSTITUTE HOUSE BILL NO. 1447,

      SECOND SUBSTITUTE HOUSE BILL NO. 2180,

      HOUSE BILL NO. 2278,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2417,

      SUBSTITUTE HOUSE BILL NO. 3015, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk



February 27, 1998

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1328,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2491,

      ENGROSSED HOUSE BILL NO. 3120, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 27, 1998

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 6285,

      SENATE BILL NO. 6303,

      SENATE BILL NO. 6483,

      SUBSTITUTE SENATE BILL NO. 6489,

      SUBSTITUTE SENATE BILL NO. 6507,

      SUBSTITUTE SENATE BILL NO. 6575,

      SENATE BILL NO. 6631, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


February 27, 1998

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE SENATE BILL NO. 5853,

      SENATE BILL NO. 6118,

      ENGROSSED SENATE BILL NO. 6123,

      SUBSTITUTE SENATE BILL NO. 6129,

      SUBSTITUTE SENATE BILL NO. 6136,

      SENATE BILL NO. 6158,

      SENATE BILL NO. 6159,

      SENATE BILL NO. 6171,

      SENATE BILL NO. 6192,

      SENATE BILL NO. 6202, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

.                                                                                                       MOTION


      On motion of Senator Johnson, the Senate advanced to the fifth order of business.


INTRODUCTION AND FIRST READING

 

SB 6761             by Senator McDonald

 

AN ACT Relating to purchasing services by contract; amending RCW 41.06.380 and 41.06.382; and creating a new section.

Referred to Committee on Ways and Means.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1184          by House Committee on Finance (originally sponsored by Representatives Van Luven, Mason, Smith, Dunn, Carrell, Delvin, Cairnes, Sheldon, B. Thomas, Morris, Quall, Koster, Mulliken, Sherstad, Schoesler, D. Schmidt, Hatfield, Wood, Honeyford and Backlund)

 

Repealing the sales tax on coin-operated laundromats in apartments, rooming houses, and mobile home communities.

 

Referred to Committee on Ways and Means.

 

E2SHB 1328      by House Committee on Finance (originally sponsored by Representatives Schoesler, Chandler, Sheahan, Mulliken, Bush, McMorris and Mastin) (by request of Department of Revenue)

 

Revising the business and occupation tax on the handling of hay, alfalfa, and seed.

 

Referred to Committee on Ways and Means.

 

SHB 1447          by House Committee on Finance (originally sponsored by Representatives Robertson, L. Thomas, Clements, Kastama and Cooke)

 

Providing tax exemptions related to thoroughbred horses.

 

Referred to Committee on Ways and Means.

 

2SHB 2180        by House Committee on Transportation Policy and Budget (originally sponsored by Representatives K. Schmidt, Radcliff, Mitchell, O'Brien and Robertson)

 

Creating partnerships for strategic freight investments.

 

Referred to Committee on Transportation.

 

HB 2278            by Representatives Honeyford and Lisk

 

Exempting electric generating facilities powered by landfill gas from sales and use taxes.

 

Referred to Committee on Ways and Means.

 

HB 2335            by Representatives B. Thomas, Mulliken, Thompson, Morris, Gardner, Linville, Backlund, Cooke, Carrell, Kastama, Schoesler, Van Luven, Dunn and Lambert (by request of Department of Revenue)

 

Consolidating business and occupation tax rates into fewer categories.

 

Referred to Committee on Ways and Means.

 

ESHB 2417        by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Pennington, Mielke, Hatfield, Doumit, Ogden, Carlson, Alexander and Hankins)

 

Authorizing local vehicle license fees adopted to fund transportation projects.

 

Referred to Committee on Transportation.

 

ESHB 2491        by House Committee on Appropriations (originally sponsored by Representatives Carlson, H. Sommers, Ogden, Conway, Wolfe, Lambert, D. Sommers, O'Brien, Schoesler, Alexander and Gardner) (by request of Joint Committee on Pension Policy)

 

Sharing extraordinary investment gains.

 

Referred to Committee on Ways and Means.

 

SHB 3015          by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Huff, Fisher, K. Schmidt, Zellinsky, Talcott, Carrell, Johnson, Kessler, Lantz and Eickmeyer)

 

Providing tax exemptions for the state route number 16 corridor.

 

Referred to Committee on Ways and Means.

 

EHB 3120          by Representatives Hankins, Huff, Sehlin, K. Schmidt, Cooke, Crouse, Ballasiotes, Mitchell, Skinner, Delvin and Kessler

 

Regarding lottery revenues.

 

Referred to Committee on Ways and Means.


MOTION


      At 3:12 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 8:47 p.m. by President Owen.


MOTION


      On motion of Senator Johnson, the Senate reverted to the first order of business.

   

REPORTS OF STANDING COMMITTEES


March 2, 1998

HB 1012            Prime Sponsor, Representative Cairnes: Authorizing highway bonds. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Horn, Morton, Newhouse, Oke and Sellar.


      MINORITY Recommendation: Do not pass. Signed by Senators Haugen and Heavey.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 1405            Prime Sponsor, Representative McMorris: Authorizing joint bingo games. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Kohl, Long, Loveland, Roach, Rossi, Schow, Snyder, Spanel, Swecker and Zarelli.

 

MINORITY Recommendation: Do not pass. Signed by Senators Hochstatter and McDonald.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 1479          Prime Sponsor, House Committee on Transportation Policy and Budget: Clarifying vehicle impound and redemption procedures. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 1692          Prime Sponsor, House Committee on Capital Budget: Describing those lands eligible to be included in a port district aquatic lands management agreement. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Natural Resources and Parks. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 1786          Prime Sponsor, House Committee on Transportation Policy and Budget: Requiring the transportation improvement board to report to the legislative transportation committees. Reported by Committee on Transportation


      MAJORITY recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Morton, Oke, Patterson, Prentice and Rasmussen.


      MINORITY Recommendation: Do not pass. Signed by Senator Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 1805          Prime Sponsor, House Committee on Health Care: Requiring the health care authority to offer health care savings accounts to unsubsidized basic health plan enrollees. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Health and Long-Term Care. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Rossi, Schow, Swecker, Winsley and Zarelli.

 

MINORITY Recommendation: Do not pass. Signed by Senators Fraser and Spanel.


      Passed to Committee on Rules for second reading.


March 2, 1998

E2SHB 2339      Prime Sponsor, House Committee on Appropriations: Authorizing wetlands mitigation banking. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Agriculture and Environment. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

E2SHB 2345      Prime Sponsor, House Committee on Appropriations: Revising administrative law. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2349            Prime Sponsor, Representative Ogden: Funding capital projects for local nonprofit art and cultural organizations. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Kohl, Long, McDonald, Roach, Rossi, Snyder, Swecker and Winsley.


      MINORITY Recommendation: Do not pass as amended. Signed by Senators Fraser, Loveland, B. Sheldon and Thibaudeau.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2373        Prime Sponsor, House Committee on Higher Education: Creating the border county higher education opportunity pilot project. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2428            Prime Sponsor, Representative Boldt: Exempting fund-raising activities by nonprofit organizations from sales and use taxation. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2434            Prime Sponsor, Representative Pennington: Increasing maximum height for motorcycle handlebars. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Oke, Patterson, Prentice and Rasmussen.


      MINORITY Recommendation: Do not pass. Signed by Senator Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2439        Prime Sponsor, House Committee on Transportation Policy and Budget: Providing for traffic safety education. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2442          Prime Sponsor, House Committee on Transportation Policy and Budget: Strengthening laws on disabled persons' parking permits. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2491        Prime Sponsor, House Committee on Appropriations: Sharing extraordinary investment gains. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2496        Prime Sponsor, House Committee on Appropriations: Recovering salmon. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Natural Resources and Parks. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2544          Prime Sponsor, House Committee on Appropriations: Funding the state retirement systems. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2548            Prime Sponsor, Representative K. Schmidt: Clarifying procedures for environmental protection change orders in public projects. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2566            Prime Sponsor, Representative Alexander: Extending the retail sales tax exemption for sales of laundry service. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2582            Prime Sponsor, Representative Mitchell: Updating references to the transportation improvement board bond retirement account. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2659          Prime Sponsor, House Committee on Transportation Policy and Budget: Regulating collection of special fuel taxes and motor vehicle fuel tax. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2711          Prime Sponsor, House Committee on Finance: Providing tax exemptions for small irrigation districts. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2730        Prime Sponsor, House Committee on Transportation Policy and Budget: Increasing security of drivers' licenses. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

2SHB 2849        Prime Sponsor, House Committee on Appropriations: Enhancing student achievement accountability. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, Swecker and Zarelli.


      MINORITY Recommendation: Do not pass. Signed by Senators Loveland and Thibaudeau.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2858          Prime Sponsor, House Committee on Transportation Policy and Budget: Reflecting current practice for payment of taxes on rental cars. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

ESHB 2871        Prime Sponsor, House Committee on Finance: Creating a system of classifying land as agricultural land with long-term commercial significance for tax purposes. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Kohl, Long, Loveland, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

2SHB 2879        Prime Sponsor, House Committee on Appropriations: Facilitating the review and approval of fish habitat enhancement projects. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Natural Resources and Parks. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

E2SHB 2880      Prime Sponsor, House Committee on Appropriations: Creating a task force on agency vendor contracting practices. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Government Operations. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.


      MINORITY Recommendation: Do not pass. Signed by Senators Brown, Fraser, Loveland, B. Sheldon and Thibaudeau.


      Passed to Committee on Rules for second reading.


March 2, 1998

E2SHB 2881      Prime Sponsor, House Committee on Appropriations: Auditing state contractors. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended by Committee on Government Operations. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Rossi, Schow, Swecker, Winsley and Zarelli.

 

MINORITY Recommendation: Do not pass. Signed by Senators Loveland, B. Sheldon and Thibaudeau.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2890          Prime Sponsor, House Committee on Transportation Policy and Budget: Requiring performance budgeting for transportation agencies. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2917          Prime Sponsor, House Committee on Transportation Policy and Budget: Regulating fuel tax and international registration plan payments. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2932          Prime Sponsor, House Committee on Transportation Policy and Budget: Requiring stops at intersections with nonfunctioning signal lights. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2945            Prime Sponsor, Representative McCune: Notifying the legislature regarding transportation funding and planning. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 2969            Prime Sponsor, Representative Carrell: Providing a sales and use tax exemption for gun safes. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Swecker and Zarelli.


      MINORITY Recommendation: Do not pass. Signed by Senator Fraser.


      Passed to Committee on Rules for second reading.


March 2, 1998

SHB 2983          Prime Sponsor, House Committee on Appropriations: Encouraging the development of residential living arrangements for persons with developmental disabilities. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Without recommendation. Signed by Senators West, Chair; Strannigan, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules without recommendation.


March 2, 1998

HB 2993            Prime Sponsor, Representative Van Luven: Eliminating the business and occupation tax on property managers' compensation. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Swecker and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

2SHB 3070        Prime Sponsor, House Committee on Appropriations: Increasing penalties for drunk driving. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Snyder, Spanel, Swecker, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


March 2, 1998

HB 3117            Prime Sponsor, Representative K. Schmidt: Clarifying transportation plans. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Rasmussen and Sellar.


      Passed to Committee on Rules for second reading.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

March 2, 1998

GA 9247            MARSHALL FORREST, appointed April 2, 1997, for a term ending June 30, 2002, as a member of the Gambling Commission.

                           Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser, Heavey and Newhouse.


      Passed to Committee on Rules.


March 2, 1998

GA 9332            ANDREW PALMER, appointed January 29, 1998, for a term ending December 26, 1998, as a member of the Board of Pilotage Commissioners.

                           Reported by Committee on Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules.


March 2, 1998

GA 9338            DENNIS MARSHALL, reappointed January 29, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.

                           Reported by Committee on Transportation


      MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Prince, Chair; Benton, Vice Chair; Wood, Vice Chair; Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules.


March 2, 1998

GA 9339            CAPTAIN HARRY DUDLEY, appointed January 30, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.

                           Reported by Committee on Transportation


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Morton, Oke, Patterson, Prentice, Rasmussen and Sellar.


      Passed to Committee on Rules.


MOTION


      At 8:50 p.m., on motion of Senator Johnson, the Senate adjourned until 8:30 a.m., Tuesday, March 3, 1998.


BRAD OWEN, President of the Senate


MIKE O'CONNELL, Secretary of the Senate