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NINETY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Thursday, April 12, 2001

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 Costa, Deccio, Finkbeiner, Haugen, McAuliffe, Prentice, Rasmussen, Stevens and Zarelli. On motion of Senator Honeyford, Senators Deccio, Finkbeiner, Stevens and Zarelli were excused. On motion of Senator Eide, Senators McAuliffe and Rasmussen were excused.

The Sergeant at Arms Color Guard, consisting of Pages Kara Christianson and Jason Schadler, presented the Colors. Reverend Bruce Speer, pastor of the Monroe Community Chapel, and a guest of Senator Val Stevens, offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

April 11, 2001

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5108, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 11, 2001

MR. PRESIDENT:

The House has passed SENATE BILL NO. 5316, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

April 11, 2001

MR. PRESIDENT:

The Co-Speakers have signed:

HOUSE BILL NO. 1070,

SUBSTITUTE HOUSE BILL NO. 1093,

SUBSTITUTE HOUSE BILL NO. 1119,

HOUSE BILL NO. 1138,

SUBSTITUTE HOUSE BILL NO. 1163,

SUBSTITUTE HOUSE BILL NO. 1174,

SUBSTITUTE HOUSE BILL NO. 1339,

ENGROSSED HOUSE BILL NO. 1530,

SUBSTITUTE HOUSE BILL NO. 1537,

HOUSE BILL NO. 1582,

ENGROSSED HOUSE BILL NO. 1606,

SUBSTITUTE HOUSE BILL NO. 1649,

SUBSTITUTE HOUSE BILL NO. 1793,

HOUSE BILL NO. 1859,

SUBSTITUTE HOUSE BILL NO. 1915,

HOUSE BILL NO. 2037,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2191, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

SENATE BILL NO. 5108,

SENATE BILL NO. 5316.

SIGNED BY THE PRESIDENT

The President signed:

HOUSE BILL NO. 1070,

SUBSTITUTE HOUSE BILL NO. 1093,

SUBSTITUTE HOUSE BILL NO. 1119,

HOUSE BILL NO. 1138,

SUBSTITUTE HOUSE BILL NO. 1163,

SUBSTITUTE HOUSE BILL NO. 1174,

SUBSTITUTE HOUSE BILL NO. 1339,

ENGROSSED HOUSE BILL NO. 1530,

SUBSTITUTE HOUSE BILL NO. 1537,

HOUSE BILL NO. 1582,

ENGROSSED HOUSE BILL NO. 1606,

SUBSTITUTE HOUSE BILL NO. 1649,

SUBSTITUTE HOUSE BILL NO. 1793,

HOUSE BILL NO. 1859,

SUBSTITUTE HOUSE BILL NO. 1915,

HOUSE BILL NO. 2037,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2191.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator McDonald, Gubernatorial Appointment No. 9096, Neil McReynolds, as a member of the Board of Trustees for Eastern Washington University, was confirmed.

Senators McDonald, Horn and McCaslin spoke to the confirmation of Neil McReynolds as a member of the Board of Trustees for Eastern Washington University.

APPOINTMENT OF NEIL McREYNOLDS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 40.

Absent: Senators Costa, Haugen and Prentice - 3.

Excused: Senators Deccio, Finkbeiner, McAuliffe, Rasmussen, Stevens and Zarelli - 6.

MOTION

On motion of Senator Eide, Senators Gardner and Haugen were excused.

MOTION

On motion of Senator Eide, Gubernatorial Appointment No. 9160, Michael Allan, as a member of the Board of Trustees for Highline Community College District No. 9, was confirmed.

APPOINTMENT OF MICHAEL ALLAN

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

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 43.

Excused: Senators Deccio, Gardner, Haugen, Rasmussen, Stevens and Zarelli - 6.

SECOND READING

HOUSE BILL NO. 1579, by Representatives Carrell, Lantz, Hurst and Rockefeller

Reenacting provisions relating to the wrongful practice of law.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions amendment was adopted:

On page 1, beginning on line 6, after "Thomas," strike all material through "2000)" on line 7, and insert "103 Wn. App. 800"

MOTIONS

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

On page 1, line 1 of the title, after "the" strike "crime of unlawful" and insert "wrongful"

On motion of Senator Prentice, the rules were suspended, House Bill No. 1579, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1579, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1579, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and West - 32.

Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, McCaslin, McDonald, Morton, Parlette, Stevens, Swecker and Winsley - 13.

Excused: Senators Deccio, Haugen, Rasmussen and Zarelli - 4.

HOUSE BILL NO. 1579, 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. 1995, by House Committee on Judiciary (originally sponsored by Representatives Dickerson, Cairnes, Grant, Dunn, Campbell, Kagi, Pearson and Wood)

Revising provisions relating to civil forfeitures of property and convening a workgroup to evaluate civil forfeiture laws.

The bill was read the second time.

MOTION

On motion of Senator Constantine, the rules were suspended, Engrossed Substitute House Bill No. 1995 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Honeyford: “Senator McCaslin, is this bill in its current form been heard by a policy committee?”

Senator McCaslin: “Yes, and it has been discussed in caucus- fully--by everyone, Senator, and you were there when we discussed it.”

Senator Honeyford: “But, this has not been--this bill has not been heard in a Senate policy committee--in Judiciary.”

Senator McCaslin: “Senator Johnson, do you remember if we heard this bill in Judiciary? Well, if we didn’t hear it, let me say this, ‘You are going to get me in the Oregon system and their Legislature.’ We constantly have amendments on this floor that no one has seen except the person that drafts it and some of those are many pages long, so bringing up the fact that you didn’t hear this in committee is redundant.”

Further debate ensued.

PARLIAMENTARY INQUIRY

Senator McCaslin: “A parliamentary inquiry, Mr. President. I didn’t hear any reference to the House that was derogatory and my question is where is the line in mentioning the other House or the sun dial or--?”

REPLY BY THE PRESIDENT

President Owen: “The last couple of days the members have been talking about the House members agreeing on this and the House member negotiating this, the House members doing this, the House doing that, and my understanding of the rules that those processes and procedures that take place in the House are not necessarily to be discussed on the floor and debate of the Senate. So, it is a fine line, but it is a line that you have to be careful not to cross according to your rules.”

Senator McCaslin: “And have we crossed it, Mr. President?”

President Owen: “We have crossed it on occasion--just a warning.”

Senator McCaslin: “Thank you.”

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1995.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1995 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Winsley - 42.

Voting nay: Senators Honeyford, McDonald, Parlette and West - 4.

Excused: Senators Deccio, Haugen and Zarelli - 3.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1995, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PRESIDENT CITES REED’S RULE NO. 224

President Owen: “Senator McCaslin and members, let me just--for your information--since it was brought up--and for your information, also. On a regular basis, the members come to me and say, ‘The rules are this--the rules are that; please adhere to the rules.’ Reed’s Rule 224, with reference to the other legislative branch states: ‘It is not permissible to allude to the action of the other house of a legislature or to refer to the debate there. Such conduct might lead to a misunderstanding and ill-will between the two bodies, which must cooperate in order to properly serve the people. So, also, the action of the other body should not be referred to influence the body the member is addressing.’ That is the rule. I understand that we need to allow some discretion in that area and I will do that, so you now know that is what the rule reads.”

SPECIAL ORDER OF BUSINESS

On motion of Senator Snyder, Senate Bill No. 6151 will be made a Special Order of Business at 4:55 p.m. today.

SECOND READING

HOUSE BILL NO. 1523, by Representatives Mielke, Mulliken, Dunshee and Edmonds

Reconciling conflicting provisions in laws pertaining to cities and towns.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, House Bill No. 1523 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. 1523.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1523 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 46.

Excused: Senators Deccio, Haugen and Zarelli - 3.

HOUSE BILL NO. 1523, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator McDonald was excused

SECOND READING

ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, by Representatives Sump, Doumit, Sehlin, H. Sommers, Mulliken, Linville, Armstrong, Murray, Alexander and Hatfield

Creating a joint select legislative task force to evaluate the state's authority under the forest resources conservation and shortage relief act.

The concurrent resolution was read the second time.

MOTION

Senator Jacobsen moved that the following Committee on Natural Resources, Parks, and Shorelines amendment be adopted:

Beginning on page 1, line 1, strike all material through "2002." on page 3, line 18, and insert the following:

"WHEREAS, Congress enacted the forest resources conservation and shortage relief act in 1990 to prevent the export of unprocessed logs from federal lands and the "substitution" of federal timber for private timber that is exported by a company that also buys timber from federal lands for domestic processing; and

WHEREAS, When congress enacted this legislation, it granted the state and its political subdivisions the authority to prohibit substitution of state timber for private timber that is exported; and

WHEREAS, In 1991, the state adopted chapter 240-15 WAC to implement the federal ban on the export of restricted unprocessed timber that prohibits firms that export unprocessed logs from bidding on state timber; and

WHEREAS, Some concerns have been raised that these rules may contribute to the lack of bidders on state and local government timber sales;

NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a joint select legislative task force, assisted by an advisory committee, be established to evaluate and make recommendations regarding the state exercise of authority under the forest resources conservation and shortage relief act, and to identify and evaluate factors that contribute to the amount of competition for state and local government timber sales; and

BE IT FURTHER RESOLVED, That the joint select legislative task force be composed of eight members; four from the House of Representatives, two each from the major political caucuses, appointed by the Co-Speakers of the House of Representatives; and four from the Senate, two each from the major political caucuses, appointed by the President of the Senate; and

BE IT FURTHER RESOLVED, That the task force gather information regarding changes in the forest products industry in Washington state since the rules were adopted; the current market for state and local timber; factors that contribute to the sale of, and competition for, state and local government timber, including but not limited to appraisal practices and the processes used by state and local governments for offering timber sales; and other factors that the task force considers appropriate; and

BE IT FURTHER RESOLVED, That the task force may recommend which agency or official of state government should have the authority to review and amend the substitution of timber rules contained in chapter 240-15 WAC; any changes to such rules; changes to state and local government timber appraisal and bidding practices; and related legislation that the legislature should consider during the 2002 session; and

BE IT FURTHER RESOLVED, That an advisory committee be established to provide assistance upon request of the joint select legislative task force; and

BE IT FURTHER RESOLVED, That the advisory committee shall be composed of the following members or their designees: The commissioner of public lands; the superintendent of public instruction; the president of Washington State University; the president of the University of Washington; a representative of a county, selected by the Washington state association of counties; the director of the office of financial management; the director of the department of revenue; a representative of companies that purchase timber sales under current rules from the department of natural resources, selected by representatives of those companies; a representative of companies that operate forest product manufacturing facilities in this state that are currently ineligible under current rules to purchase department of natural resources timber sales, selected by representatives of those companies; a forest products representative from a small business that purchases or processes wood products, chosen by representatives of small forest product businesses; and a representative of a labor union representing workers in forest product manufacturing facilities in this state under a collective bargaining agreement, chosen by the state labor council; and

BE IT FURTHER RESOLVED, That the advisory committee shall select a chair or cochairs from among its members for the purpose of conducting meetings and transmitting information from the advisory committee as a group to the joint select legislative task force; and

BE IT FURTHER RESOLVED, That in developing its recommendations, the joint select legislative task force shall consult with the advisory committee; and

BE IT FURTHER RESOLVED, That staff support for the joint select legislative task force and the advisory committee shall be provided by senate committee services and the house of representatives office of program research; and

BE IT FURTHER RESOLVED, That the task force shall report its findings and recommendations to the appropriate legislative committees by January 1, 2002."

MOTION

On motion of Senator Jacobsen, the following amendments to the Committee on Natural Resources, Parks and Shorelines amendment were considered simultaneously and were adopted:

On page 2, line 32, after "business;" strike "and"

On page 2, line 35, after "council;" insert "and a representative of an independent pulp and paper union, chosen by the president of the union"

The President declared the question before the Senate to be the adoption of the Committee on Natural Resources, Parks and Shorelines amendment on page 1, line 1, as amended, to Engrossed House Concurrent Resolution No. 4410.

The motion by Senator Jacobsen carried and the committee amendment, as amended, was adopted.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Engrossed House Concurrent Resolution No. 4410, as amended by the Senate, was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Concurrent Resolution No. 4410, as amended by the Senate..

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Concurrent Resolution No. 4410, as amended by the Senate, and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Excused: Senators Deccio, Haugen, McDonald and Zarelli - 4.

ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4410, as amended by the Senate, having received the constitutional majority, was declared passed.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1899, by House Committee on State Government (originally sponsored by Representatives Bush, McIntire, Cairnes, Keiser, DeBolt, Hatfield, Benson, Santos, Roach, Miloscia, Barlean, Lovick, Casada, O'Brien, Morell, Simpson, Mielke, Jackley, Pearson, Romero, Eickmeyer, Ruderman, Sump, Linville, D. Schmidt, Campbell, Esser, Hunt, Hurst and Schual-Berke)

Prohibiting the use of social security numbers and drivers' license numbers in professional licenses.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 1899 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. 1899.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1899 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Excused: Senators Deccio, Haugen, McDonald and Zarelli - 4.

SUBSTITUTE HOUSE BILL NO. 1899, 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. 1126, by Representatives O'Brien, Benson, Hatfield, Ogden, Esser, Murray, McIntire, Miloscia, Barlean and Roach

Modifying collection of business to business debts by collection agencies.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, House Bill No. 1126 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. 1126.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1126 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Excused: Senators Deccio, Haugen, McDonald and Zarelli - 4.

HOUSE BILL NO. 1126, 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. 1613, by Representatives Romero and Schindler (by request of Washington State Patrol)

Providing a time limit for the transmittal of unidentified persons information.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, House Bill No. 1613 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. 1613.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1613 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Excused: Senators Deccio, Haugen, McDonald and Zarelli - 4.

HOUSE BILL NO. 1613, 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. 1120, by House Committee on Education (originally sponsored by Representatives Rockefeller, Cox, Talcott, Quall, Santos, Haigh, Anderson, McDermott, Schindler, D. Schmidt, Pearson, Keiser and Jackley)

Establishing requirements for employing holders of lapsed teaching certificates.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the following Committee on Education striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.410.010 and 1992 c 159 s 3 and 1992 c 60 s 2 are each reenacted and amended to read as follows:

The state board of education shall establish, publish, and enforce rules and regulations determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application. The rules shall permit a holder of a lapsed certificate but not a revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the holder must complete any certificate renewal requirements established by the state board of education within two years of initial reemployment.

In establishing rules pertaining to the qualifications of instructors of American sign language the state board shall consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.

The superintendent of public instruction shall act as the administrator of any such rules and regulations and have the power to issue any certificates or permits and revoke the same in accordance with board rules and regulations."

MOTIONS

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

On page 1, line 2 of the title, after "certifications;" strike the remainder of the title and insert "and reenacting and amending RCW 28A.410.010."

On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1120, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1120, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1120, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Excused: Senators Deccio, Haugen, McDonald and Zarelli - 4.

SUBSTITUTE HOUSE BILL NO. 1120, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1036, by Representatives Benson and Hatfield (by request of Department of Financial Institutions)

Investigating alien banks.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, House Bill No. 1036 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Hargrove: “Senator Prentice, I heard that aliens had arrived, but I didn’t know they had started any banks yet. Can you tell me where I can go see one of these bank and some of these aliens?”

Senator Prentice: “You might find one in Hoquiam and you might look in the mirror.”

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1036.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1036 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Haugen and McDonald - 3.

HOUSE BILL NO. 1036, 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. 1341, by House Committee on Appropriations (originally sponsored by Representatives Campbell, Conway, Boldt, Ruderman and Van Luven) ( by request of Department of Social and Health Services)

Developing a home and community-based waiver for persons in community residential settings.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendments were considered simultaneously and were adopted:

On page 2, at the beginning of line 35, insert "(1)"

On page 3, after line 12, insert the following:

"(2) If a nursing facility resident becomes eligible for home and community-based waiver service alternatives to nursing facility care, but chooses to continue to reside in a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.

(3) If a recipient of home and community-based waiver services may continue to receive home and community-based waiver services, despite an otherwise disqualifying level of income, but chooses to seek admission to a nursing facility, the department must allow that choice. However, if the resident is a medicaid recipient, the resident must require a nursing facility level of care.

(4) The department will fully disclose to all individuals eligible for waiver services under this section the services available in different long-term care settings."

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1341, 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. 1341, as amended by the Senate.

MOTION

On motion of Senator Eide, Senator Fairley was excused.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1341, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Excused: Senators Deccio, Fairley, Haugen and McDonald - 4.

SUBSTITUTE HOUSE BILL NO. 1341, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1750, by Representatives Fisher, Mitchell, Simpson, Schindler, Wood, Hurst and Ogden

Authorizing cities and towns to require full compensation from abutting property owners for street vacations.

The bill was read the second time.

MOTION

Senator Gardner moved that the following Committee on Transportation striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.79.030 and 1987 c 228 s 1 are each amended to read as follows:

The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated((, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation: PROVIDED, That such)). If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the city or town as compensation for the area vacated, must be dedicated to the acquisition, improvement, development, and maintenance of public open space or transportation capital projects within the city or town."

MOTION

On motion of Senator Gardner, the following amendment by Senators Gardner, Horn and Haugen to the Committee on Transportation amendment was adopted:

On page 2, line 3 of the amendment, after "and" insert "related"

The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment, as amended, to House Bill No. 1750.

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

MOTIONS

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

On line 1 of the title, after "vacations;" strike the remainder of the title and insert "and amending RCW 35.79.030."

On motion of Senator Gardner, the rules were suspended, House Bill No. 1750, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1750, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1750, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 40.

Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Roach and Zarelli - 6

Excused: Senators Deccio, Haugen and McDonald - 3.

HOUSE BILL NO. 1750, 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. 1560, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, Lovick, Ballasiotes, O'Brien, Mulliken, Sump and Schindler)

Restricting the use of the terms sheriff and sheriff's posse.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Tim Sheldon: “Senator Kline, I understand a little bit about this bill, but the Mariners have a pitcher widely known--Norm Charlton--known as ‘The Sheriff.’ I just wonder, under this bill, is his nickname going to be in jeopardy?”

Senator Kline: “Well, I just want you to know that I call my dog ‘Deputy Dog,’ and I don’t think I am going to get arrested for that and I don’t think ‘The Sheriff’ is going to get busted for it on the mound either. Thanks.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1560.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1560 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

Voting yea: Senators Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Jacobsen, Kline, Long, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley and Zarelli - 23.

Voting nay: Senators Benton, Brown, Carlson, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kohl-Welles, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, Swecker and West - 24.

Excused: Senators Deccio and Haugen - 2.

SUBSTITUTE HOUSE BILL NO. 1560, having failed to receive the constitutional majority, was declared lost.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785, by House Committee on Natural Resources (originally sponsored by Representatives Murray, Alexander, Doumit, Rockefeller, Esser, Sump, Kenney and McIntire)

Implementing the recommendations of the joint legislative audit and review committee report regarding capital budget programs investing in the environment.

The bill was read the second time.

MOTION

Senator Fraser moved that the following Committee on Ways and Means striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the amount of overall requests for funding for natural resource-related programs in the capital budget has been steadily growing. The legislature also finds that there is an increasing interest by the public in examining the performance of the projects and programs to determine the return on their investments and that a coordinated and integrated response by state agencies will allow for better targeting of resources. The legislature further finds that there is a need to improve the data and the integration of data that is collected by state agencies and grant and loan recipients in order to better measure the outcomes of projects and programs. The legislature intends to begin implementing the recommendations contained in the joint legislative audit and review committee's report number 01-1 on investing in the environment in order to improve the efficiency, effectiveness, and accountability of these natural resource-related programs funded in the state capital budget.

NEW SECTION. Sec. 2. A new section is added to chapter 43.41 RCW to read as follows:

(1) The office of financial management shall assist natural resource-related agencies in developing outcome focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.

(2) The office of financial management and the governor's salmon recovery office shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in RCW 77.85.--- (section 3, Substitute Senate Bill No. 5637, Laws of 2001).

(3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section. The office of financial management shall report to the appropriate legislative committees of the legislature on the agencies' implementation of this section, including any necessary changes in current law, and funding requirements by July 31, 2002. Natural resource agencies shall assist the office of financial management in preparing the report, including complying with time frames for submitting information established by the office of financial management.

(4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, the department of fish and wildlife, the state conservation commission, the interagency committee for outdoor recreation, the salmon recovery funding board, and the public works board within the department of community, trade, and economic development.

(5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter 90.64 RCW; state conservation commission water quality grants under chapter 89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW 70.105D.070; water pollution control facilities financing under chapter 70.146 RCW; aquatic lands enhancement grants under RCW 79.24.580; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW; and the public work trust fund program under chapter 43.155 RCW. The term also includes programs administered by the department of fish and wildlife related to protection or recovery of fish stocks which are funded with moneys from the capital budget.

NEW SECTION. Sec. 3. A new section is added to chapter 89.08 RCW to read as follows:

In administering grant programs to improve water quality and protect habitat, the commission shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the commission shall utilize the statement of environmental benefit in its grant prioritization and selection process. The commission shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grant program. The commission shall work with the districts to develop uniform performance measures across participating districts. To the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The commission shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 4. A new section is added to chapter 90.64 RCW to read as follows:

In providing grants to dairy producers, districts shall require grant applicants to incorporate the environmental benefits of the project into their applications, and the districts shall utilize the statement of environmental benefit in their prioritization and selection process. The districts shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the program. The commission shall work with the districts to develop uniform performance measures across participating districts. To the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The commission shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 5. A new section is added to chapter 70.105D RCW to read as follows:

In providing grants to local governments, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefit in its prioritization and selection process. The department shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The department shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 6. A new section is added to chapter 70.146 RCW to read as follows:

In providing grants and loans to local governments, the department shall require recipients to incorporate the environmental benefits of the project into their applications, and the department shall utilize the statement of environmental benefits in its grant and loan prioritization and selection process. The department shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grant and loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The department shall consult with affected interest groups in implementing this section.

Sec. 7. RCW 79.24.580 and 1999 c 309 s 919 are each amended to read as follows:

After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects.

In providing grants for aquatic lands enhancement projects, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefits in its prioritization and selection process. The department shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grants. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The department shall consult with affected interest groups in implementing this section.

During the fiscal biennium ending June 30, 2001, the funds may be appropriated for boating safety, shellfish management, enforcement, and enhancement and for developing and implementing plans for population monitoring and restoration of native wild salmon stock.

NEW SECTION. Sec. 8. A new section is added to chapter 79A.15 RCW to read as follows:

In providing grants through the habitat conservation account, the committee shall require grant applicants to incorporate the environmental benefits of the project into their grant applications, and the committee shall utilize the statement of environmental benefits in the grant application and review process. The committee shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the committee should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The committee shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 9. A new section is added to chapter 77.85 RCW to read as follows:

In providing funding for habitat projects, the salmon recovery funding board shall require recipients to incorporate the environmental benefits of the project into their grant applications, and the board shall utilize the statement of environmental benefits in its prioritization and selection process. The board shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the

board should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The board shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 10. A new section is added to chapter 43.155 RCW to read as follows:

In providing loans for public works projects, the board shall require recipients to incorporate the environmental benefits of the project into their applications, and the board shall utilize the statement of environmental benefits in its prioritization and selection process. The board shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the loan program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The board shall consult with affected interest groups in implementing this section.

NEW SECTION. Sec. 11. A new section is added to chapter 77.04 RCW to read as follows:

In administering programs funded with moneys from the capital budget related to protection or recovery of fish stocks, the department shall incorporate the environmental benefits of a project into its prioritization and selection process. The department shall also develop appropriate outcome focused performance measures to be used both for management and performance assessment of the program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in section 2 of this act. The department shall consult with affected interest groups in implementing this section."

Debate ensued.

The President declared te question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 1785.

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

MOTIONS

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

On page 1, line 3 of the title, after "environment;" strike the remainder of the title and insert "amending RCW 79.24.580; adding a new section to chapter 43.41 RCW; adding a new section to chapter 89.08 RCW; adding a new section to chapter 90.64 RCW; adding a new section to chapter 70.105D RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 79A.15 RCW; adding a new section to chapter 77.85 RCW; adding a new section to chapter 43.155 RCW; adding a new section to chapter 77.04 RCW; and creating a new section."

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 1785, 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. 1785, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1785, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and Haugen - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1785, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1568, by Representatives Lovick, Delvin, Fisher, Hankins, Mitchell, O'Brien and Hurst (by request of Department of Licensing)

Updating procedures for actions against driving school licensees.

The bill was read the second time.

MOTION

Senator Finkbeiner moved that the following amendment be adopted:

On page 2, after line 16, insert the following:

"Sec. 2. RCW 28A.220.020 and 1990 c 33 s 218 are each amended to read as follows:

The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning:

(1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction.

(2) "Traffic safety education course" shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. In lieu of the classroom instruction phase only, local school districts, and driver training schools licensed under chapter 46.82 RCW, may offer a qualified traffic safety education course available online or through other electronic media. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.

(3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing.

(4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course."

POINT OF ORDER

Senator Eide: “I rise to a point of order, Mr. President. I believe that this amendment, as interesting as it is, is beyond the scope and object of the bill. The Senator’s amendment deals with a different type of instruction and specifically traffic safety and education. This bill that we are talking about today makes technical corrections in statute governing when licenses can be suspended, revoked or denied and has nothing to do with education.”

Debate ensued.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order by Senator Eide to the scope and object of the amendment by Senator Finkbeiner on page 2, after line 16, to House Bill No. 1568, the President finds that House Bill No. 1568 is a narrow measure that permits the Director of the Department of Licensing to suspend, revoke or deny a driving school instructor’s license if the instructor no longer meets the requirement for being a issued a license.

“The amendment by Senator Finkbeiner would permit school districts to offer traffic safety education courses on line or through other electronic media.

“The President, therefore, finds that the amendment does change the scope and object of the bill and the point of order is well taken.”

The President ruled that the amendment by Senator Finkbeiner on page 2, after line 16, to House Bill No. 1568 to be out of order.

MOTION

On motion of Senator Gardner, the rules were suspended, House Bill No. 1568 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. 1568.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1568 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and Haugen - 2.

HOUSE BILL NO. 1568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

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

SENATE RESOLUTION 2001-8661

By Senators Jacobsen, Oke, Snyder, Morton, McDonald, Spanel, Hargrove, Stevens, Constantine, McAuliffe and Rasmussen

WHEREAS, Timothy K. Brown is largely responsible for making Washington's WildWatch program through his expertise and unselfish donation of equipment and time; and

WHEREAS, The ability for the public to see live views of wildlife over the Department of Fish and Wildlife's internet page has proven to be one of the most successful ventures in reaching out to children and adults to understand and appreciate nature; and

WHEREAS, The camera focused on a bald eagle nest in Kent that was popular with over 400,000 visitors between May and September last year; and

WHEREAS, The Kent EagleCam was declared "the best wildlife viewing camera on the net" by the Discovery Channel; and

WHEREAS, The Kent EagleCam has generated enthusiastic requests for more camera sites to be established, and that many of these requests have come from people who watch the wildlife with their grandchildren; and

WHEREAS, Tim Brown, hoping to provide even greater opportunities for the public climbed 125 feet up a Douglas fir tree on the Capitol Campus to install cameras by an eagle nest near the Governor's mansion; and

WHEREAS, Tim's most recent efforts will not only allow live pictures of eagles raising eaglets to be refreshed over the internet every five to ten seconds, but his installation of an infrared camera will allow for night photography as well; and

WHEREAS, Tim has been a dedicated public servant by working in the field of sustainable ecosystem forestry approximately thirty years, including as a fire officer and fire fighter with the United States Department of Agriculture and the United States Department of the Interior; and

WHEREAS, Tim is internationally known for his efforts to protect and enhance trees for wildlife while managing forest for other purposes; and

WHEREAS, Tim is recognized as being one of the most skilled tree climbers in North America, and certifies climbers for both the United States Department of Agriculture and the Department of the Interior; and

WHEREAS, The work Tim has done with engineers and specialists on the development and use of low-light surveillance and monitoring equipment for wildlife applications has produced dramatic results; and

WHEREAS, Tim still finds time to donate hundreds of hours annually to rescue injured wildlife, such as young eagles falling out of nests;

NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize that Timothy K. Brown has provided a legacy for all of us through his tireless devotion to protecting wildlife and by providing everybody with the opportunity to better understand and love nature; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to each member of Congress from the State of Washington, the Secretary of the United States Department of Agriculture, the Secretary of the United States Department of the Interior, and the Director of the state Department of Fish and Wildlife.

Senators Jacobsen, Oke, and Hargrove spoke to Senate Resolution 2001-8661.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Timothy K. Brown who was seated on the rostrum.

With permission of the Senate, business was suspended to permit Mr. Brown to address the Senate.

INTRODUCTION OF SPECIAL GUEST

The President welcomed and introduced family and supporters of Mr. Brown's work, who were seated in the back of the Chamber.

MOTION

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

SENATE RESOLUTION 2001-8665

By Senators Johnson, Roach and Patterson

WHEREAS, the Kentlake High School Jazz Band recently competed with over five hundred other bands around the country for the title of Best High School Jazz Band in the Nation and an opportunity to perform locally with modern swing and jazz recording artists Big Bad Voodoo Daddy; and,

WHEREAS, Big Bad Voodoo Daddy named Kentlake Jazz Band the best in the nation and performed with twenty-two members of the Kentlake band in their high school auditorium on March 21, 2001; and,

WHEREAS, the Kentlake Jazz Band has also been invited to perform at the Essentially Ellington High School Jazz Competition and Festival in New York, one of the most prestigious high school jazz competitions in the country; and,

WHEREAS, these dedicated students have also been selected to perform in the Monterey Jazz Festival’s high school competition in California; and,

WHEREAS, the Kentlake Jazz Band has previously won first place in the New Orleans Jazz Festival and first place in its class at the University of Reno’s Jazz Festival; and,

WHEREAS, the opportunity to compete in these festivals comes from a genuine commitment to their art, requiring hours of practice each and every week; and,

WHEREAS, these talented, dedicated students forego other after school activities, less demanding electives, summer activities, and family time to perfect their craft; and,

WHEREAS, jazz-band director Chuck Stowell is very proud of his students and says his band is musically very disciplined and states that they really swing; and,

WHEREAS, recent studies indicate that music education can significantly increase students academic success in math and science, making the accomplishments of the Kentlake Jazz band all the more promising;

NOW, THEREFORE BE IT RESOLVED, that the Senate recognize and honor the outstanding accomplishments of Chuck Stowell and his students in the Kentlake Jazz Band and wish them well as they proceed to the coming festivals; and,

BE IT FURTHER RESOLVED, that immediately upon passage of this resolution copies be transmitted to the Office of the Superintendent of Public Instruction, the Kent School District, the Kent School Board, Kentlake High School, and the Kentlake Jazz Band.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the Kentwood High School Band, who were seated in the back of the Chamber.

MOTION

At 11:15 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m..

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

MOTIONS

0n motion of Senator Eide, Senator Fairley was excused.

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Eide, Gubernatorial Appointment No. 9020, Arlista Holman, as a member of the Board of Trustees for Green River Community College District No. 10, was confirmed.

APPOINTMENT OF ARLISTA HOLMAN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 5; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 41.

Absent: Senators Gardner, McCaslin, McDonald, Parlette and Winsley - 5.

Excused: Senators Deccio, Fairley and Haugen - 3.

MOTION

On motion of Senator Honeyford, Senator McCaslin was excused.

SECOND READING

HOUSE BILL NO. 1066, by Representatives O'Brien, Ballasiotes, Delvin, Lovick, Keiser and Haigh (by request of Criminal Justice Training Commission)

Revising the authority of the criminal justice training commission to own and operate training facilities.

The bill was read the second time.

MOTION

On motion of Senator Kline, the following Committee on Judiciary striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.101.080 and 1982 c 124 s 1 are each amended to read as follows:

The commission shall have all of the following powers:

(1) To meet at such times and places as it may deem proper;

(2) To adopt any rules and regulations as it may deem necessary;

(3) To contract for services as it deems necessary in order to carry out its duties and responsibilities;

(4) To cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, and city government, and other commissions affected by or concerned with the business of the commission;

(5) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it;

(6) To select and employ an executive director, and to empower him to perform such duties and responsibilities as it may deem necessary;

(7) To assume legal, fiscal, and program responsibility for all training conducted by the commission;

(8) To establish, by rule and regulation, standards for the training of criminal justice personnel where such standards are not prescribed by statute;

(9) To own, establish, and operate, or to contract with other qualified institutions or organizations for the operation of, training and education programs for criminal justice personnel and to purchase, lease, or otherwise acquire, subject to the approval of the department of general administration, a training facility or facilities necessary to the conducting of such programs((: PROVIDED, That the commission shall not have the power to invest any moneys received by it from any source for the purchase of a training facility without prior approval of the legislature)). The commission shall make available to the general public at no charge, except for reimbursement of the costs of custodial services, areas within the training facility or facilities that may accommodate large audiences or crowds when the use of such areas is not required for training purposes;

(10) To establish, by rule and regulation, minimum curriculum standards for all training programs conducted for employed criminal justice personnel;

(11) To review and approve or reject standards for instructors of training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;

(12) To direct the development of alternative, innovate, and interdisciplinary training techniques;

(13) To review and approve or reject training programs conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards recommended by the training standards and education boards;

(14) To allocate financial resources among training and education programs conducted by the commission;

(15) To allocate training facility space among training and education programs conducted by the commission;

(16) To issue diplomas certifying satisfactory completion of any training or education program conducted or approved by the commission to any person so completing such a program;

(17) To provide for the employment of such personnel as may be practical to serve as temporary replacements for any person engaged in a basic training program as defined by the commission;

(18) To establish rules and regulations recommended by the training standards and education boards prescribing minimum standards relating to physical, mental and moral fitness which shall govern the recruitment of criminal justice personnel where such standards are not prescribed by statute or constitutional provision.

All rules and regulations adopted by the commission shall be adopted and administered pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public meetings act, chapter 42.30 RCW.

NEW SECTION. Sec. 2. The legislature authorizes the department of general administration to transfer the Washington state training and conference center located at 19010 First Avenue, Burien, Washington, 98148, to the criminal justice training commission."

MOTION

On motion of Senator Kline, the rules were suspended, House Bill No. 1066 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. 1066.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1066 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 44.

Absent: Senator Johnson - 1.

Excused: Senators Deccio, Haugen, McCaslin and Winsley - 4.

HOUSE BILL NO. 1066, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Hewitt, Senator Johnson was excused.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655, by House Committee on Natural Resources (originally sponsored by Representatives Sump, Doumit, Pearson, Rockefeller and Clements)

Appointing a fish and wildlife advisory committee composed of disabled persons.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Shorelines amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 77.04 RCW to read as follows:

(1) The commission must appoint an advisory committee to generally represent the interests of disabled hunters and fishers on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being a person with a disability. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2001, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.

(2) For the purposes of this section, a person with a disability includes but is not limited to:

(a) A permanently disabled person who is not ambulatory over natural terrain without a prosthesis or assistive device;

(b) A permanently disabled person who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device;

(d) A person who is restricted by lung disease to the extent that the person's functional limitations are severe;

(e) A person who is totally blind or visually impaired; or

(f) A permanently disabled person with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities.

(3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term.

(4) The advisory committee must meet at least semi-annually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.

(5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.

(6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.

(7) The provisions of this section constitute a pilot program that expires July 1, 2005. On December 1, 2004, the commission shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee, including but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee's continuance or modification."

MOTIONS

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

On page 1, line 2 of the title, after "individuals;" strike the remainder of the title and insert "and adding a new section to chapter 77.04 RCW."

On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute House Bill No. 1655, 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. 1655, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1655, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Excused: Senators Deccio, Haugen, Johnson and McCaslin - 4.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1584, by Representatives Haigh, Cooper, Ericksen and Morell (by request of Department of Licensing)

Revising requirements for vehicle license renewal.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, House Bill No. 1584 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1584.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1584 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and Haugen - 2.

HOUSE BILL NO. 1584, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Hewitt, Senator Rossi was excused

SECOND READING

HOUSE BILL NO. 1846, by Representatives Alexander, Hunt, Romero and DeBolt (by request of Department of Natural Resources)

Allowing the department of natural resources to sell or exchange its light industrial property in Thurston county.

The bill was read the second time.

MOTIONS

On motion of Senator Jacobsen, the following Committee on Ways and Means striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 76.01 RCW to read as follows:

Except as provided in section 2 of this act, the department of natural resources may sell or exchange the light industrial facilities and land in Thurston county, known as the Lacey compound, which was acquired as an administrative site. This land and the facilities may be sold or exchanged for other lands and facilities in Thurston county, or counties adjacent to Thurston county, for use as an administrative site. The property may be exchanged for public or private property. The department is authorized to accept cash or expend cash from appropriated funds in order to balance a proposed exchange. Alternatively, the department may sell the Lacey compound at public auction or under RCW 79.01.009. The sale or exchange must be for at least market value. Transactions involving the construction of improvements must be conducted pursuant to Title 39 RCW, as applicable, and must comply with all other applicable laws and rules. Proceeds received from the sale or exchange of the Lacey compound must be deposited into the park land trust revolving fund to be used to acquire a replacement administrative site. Funds received from the exchange or sale that are not used to either replace or construct, or both, the administrative site must be deposited pursuant to RCW 76.01.030 or into the appropriate trust account as determined by the department.

NEW SECTION. Sec. 2. A new section is added to chapter 76.01 RCW to read as follows:

Before proceeding with an exchange or sale of the Lacey compound site, the department of natural resources shall submit a proposal for an exchange or sale to the office of financial management for review and approval. The proposal shall include:

(1) A determination of the ownership by trust of the Lacey compound site;

(2) A determination of the market value of the Lacey compound site;

(3) A determination of prospective proportional use of the future site based on function and an assessment of the financial responsibility for the new site based on the functional analysis; and

(4) A financing plan for the future site based on prospective use.

The location of a future site is subject to the approval of the board of natural resources and the state capitol committee.

Any additional funding requirements shall be submitted for approval by the legislature by January 1, 2002."

MOTIONS

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

On page 1, line 2 of the title, after "resources;" strike the remainder of the title and insert "and adding new sections to chapter 76.01 RCW."

On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1846, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1846, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1846, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Haugen and Rossi - 3.

HOUSE BILL NO. 1846, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION TO RECONSIDER SUBSTITUTE HOUSE BILL NO. 1560

Having voted on the prevailing side, Senator Swecker moved that the Senate immediately reconsider the vote by which Substitute House Bill No. 1560 failed to pass the Senate earlier today.

MOTION

Senator Hargrove moved that the motion to immediately reconsider Substitute House Bill No. 1560 be laid on the table.

PARLIAMENTARY INQUIRY

Senator Sheahan: “A parliamentary inquiring, Mr. President. What will happen if this vote passes--the motion to lay on the table passes? What will be the status of the bill under reconsideration?”

PARLIAMENTARY INQUIRY

Senator Johnson: “A parliamentary inquiry, Mr. President. The motion for immediate reconsideration, doesn’t that require that the Chamber be on the ninth order of business?”

REPLY BY THE PRESIDENT

President Owen: “Senator Johnson, on your inquiry, the appropriate time to bring that point was at the time the motion was made and prior to the vote being taken and it was not and so the inquiry--had it been made timely--the question would be correct that we would have had to be in the ninth order. Your question was not made timely.”

PRESIDENT REPLIES TO SENATOR SHEAHAN INQUIRY

President Owen: “In responding to the parliamentary inquiry by Senator Sheahan, the action of laying the motion on the table is that the bill will be out of order until a motion is made and passed to take it if off the table. So, if the motion passes to lay the bill on the table, it is out of order until another motion is made to consider it.”

Senator Sheahan: “May I continue, Mr. President? If the motion fails, then we would be on third reading--”

President Owen: “We would be on third reading and final passage. That is correct.”

Senator Sheahan: “Thank you, Mr. President.”

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

The President declared the question before the Senate to be the roll call on the motion by Senator Hargrove to lay on the table the motion to immediately reconsider Substitute House Bill No. 1560.

ROLL CALL

The Secretary called the roll on the motion by Senator Hargrove to lay Substitute House Bill No. 1560 on the table carried by the following vote: Yeas, 25; Nays, 21; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Carlson, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Roach, Sheahan, Shin, Stevens, West and Winsley - 25.

Voting nay: Senators Brown, Constantine, Costa, Eide, Fraser, Gardner, Jacobsen, Kline, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Snyder, Spanel, Swecker, Thibaudeau and Zarelli - 21.

Excused: Senators Deccio, Haugen and Rossi - 3.

SECOND READING

HOUSE BILL NO. 1567, by Representatives Fisher, Hankins, Lovick and Mitchell (by request of Department of Licensing)

Increasing the penalty for intentional misuse of abstracts of driving records.

The bill was read the second time.

MOTIONS

On motion of Senator Gardner, the following striking amendment by Senator Haugen was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.52.130 and 1998 c 165 s 11 are each amended to read as follows:

A certified abstract of the driving record shall be furnished only to the individual named in the abstract, an employer or prospective employer or an agent acting on behalf of an employer or prospective employer, the insurance carrier that has insurance in effect covering the employer or a prospective employer, the insurance carrier that has insurance in effect covering the named individual, the insurance carrier to which the named individual has applied, an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment, or city and county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to insurance companies. Upon proper request, the director shall furnish a certified abstract covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies, except that the certified abstract shall also include records of alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of not more than the last ten years. Upon proper request, a certified abstract of the full driving record maintained by the department shall be furnished to a city or county prosecuting attorney, to the individual named in the abstract or to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; whether the accident resulted in any fatality; any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law; and the status of the person's driving privilege in this state. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer. Certified abstracts furnished to prosecutors and alcohol/drug assessment or treatment agencies shall also indicate whether a recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2) that was originally charged as one of the alcohol-related offenses designated in RCW 46.01.260(2)(b)(i).

The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall include convictions for RCW 46.61.5249 and 46.61.525 except that the abstract shall report them only as negligent driving without reference to whether they are for first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.

The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.

Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

Any employer or prospective employer or an agent acting on behalf of an employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.

Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.

Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.

Any negligent violation of this section is a gross misdemeanor.

Any intentional violation of this section is a class C felony."

MOTIONS

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

On line 2 of the title, after "records;" strike the remainder of the title and insert "amending RCW 46.52.130; and prescribing penalties."

On motion of Senator Gardner, the rules were suspended, House Bill No. 1567, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1567, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1567, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 45.

Voting nay: Senator Zarelli - 1.

Excused: Senators Deccio, Haugen and Rossi - 3.

HOUSE BILL NO. 1567, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1369, by Representatives Esser, McDermott and Lovick (by request of Office of the Code Reviser)

Making technical corrections to chapter 19.28 RCW, electricians and electrical installations.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, House Bill No. 1369 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. 1369.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1369 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Haugen and Rossi - 3.

HOUSE BILL NO. 1369, 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. 1045, by Representatives Conway, Delvin, Doumit, Barlean, H. Sommers, Lambert, Alexander, Kagi, O'Brien, McIntire, Hurst, Hatfield, Haigh, Kenney, Edmonds, Keiser and Van Luven (by request of Joint Committee on Pension Policy)

Reducing the law enforcement officers' and fire fighters' retirement system plan 2 disability actuarial reduction age from fifty-five to fifty-three.

The bill was read the second time.

MOTION

On motion of Senator Constantine, the rules were suspended, House Bill No. 1045 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. 1045.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1045 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Absent: Senator McAuliffe - 1.

Excused: Senators Deccio, Haugen and Rossi - 3.

HOUSE BILL NO. 1045, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5613, by Senators Rasmussen and Spanel

Creating the small farm direct marketing assistance program.

The bill was read the second time.

MOTION

Senator Rasmussen moved that the following amendments by Senators Rasmussen, Gardner, Swecker, Spanel, Kastama and Zarelli be adopted:

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

"NEW SECTION. Sec. 4. The purpose of this chapter is to provide for the fair and orderly marketing of red raspberries in the state of Washington by establishing uniform grades and standards for red raspberries destined for freezing, puree, juice stock, and other processing uses. This chapter is vital to protecting the national and international reputation of red raspberry products grown and processed in this state, protecting consumers from the sale of inferior and misrepresented red raspberry products, and increasing the economic viability and profitability of farms that produce red raspberries. This chapter is enacted in the exercise of the police power of this state for the purpose of protecting the immediate and future health, safety, and general welfare of the citizens of this state.

NEW SECTION. Sec. 5. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Containers" includes pails, trays, barrels, drums, tanks, transport vessels, or other bulk containers used to store or contain red raspberries intended for further processing.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Director" means the director of the department or the director's duly authorized representative.

(4) "Equivalent" means that red raspberries grown outside of the state of Washington or imported from other countries meet or exceed the handling and grade standards of the state or country where they were grown and that those standards satisfy the requirements set forth in section 6 of this act, or that the red raspberries have been determined to meet the requirements of section 6 of this act using one of the methods set forth in section 9 of this act. "Equivalent" does not mean that the handling and grade standards be identical, only that the same or a similar measure of quality be achieved using either set of standards.

(5) "Facility" means, but is not limited to, the premises where red raspberries are grown, stored, handled, delivered, or processed for sale or transportation, or where records required by rule under this chapter are stored or kept, and all vehicles and equipment used to transport red raspberries.

(6) "Graded" means red raspberries that have been visually inspected and determined to meet the standards set forth in section 6 of this act.

(7) "Juice stock red raspberries" means any red raspberries destined for the production of red raspberry juice, red raspberry juice concentrate, or any other product listed in section 11 of this act. Washington No. 1 processing grade red raspberries as defined in this chapter or unclassified red raspberries may be used for juice stock.

(8) "Pasteurized" means the product has been subjected to heat or other approved treatment sufficient to kill harmful microorganisms.

(9) "Person" means any individual, firm, partnership, corporation, company, or association, and every officer, agent, or employee thereof.

(10) "Serious damage" means any defect, or any combination of defects, that seriously detract from the appearance or the edible or marketing quality of the red raspberry. Red raspberries that are badly deformed, leaky, moldy, decayed, or from which the core has not been removed are considered seriously damaged.

(11) "Ultrafiltration" means filtering to a very high level sufficient to remove foreign material including microorganisms and mold from the product.

(12) "Washington No. 1 processing grade red raspberries" means those raspberries that meet the requirements of section 6 of this act.

(13) "Well-colored" means that the whole surface of the red raspberry shows a color characteristic of a mature red raspberry.

(14) "Well-developed" means that the red raspberry is not misshapen because of anthracnose injury, frost injury, lack of pollination, insect injury, or other causes.

NEW SECTION. Sec. 6. (1) To qualify for the Washington No. 1 processing grade, red raspberries must be washed, or cleaned as necessary, sorted, and graded at a licensed food processing facility and must meet the following standards:

(a) The red raspberries must be well-colored and well-developed;

(b) The red raspberries must be free from cores, mold, decay, dirt, leaves, or other foreign material;

(d) The red raspberries must not have more than eight of twenty-five fields with mold hyphae as determined by the howard mold count, or equivalent analysis.

(2) Not more than ten percent by volume of the red raspberries in any lot may fail to meet the requirements for Washington No. 1 processing grade, as required by subsection (1) of this section, because of serious damage by any cause, and not more than two percent may be affected by mold or decay. Individual samples may contain not more than one and one-half times this tolerance, even if the average of all the samples from the lot are within this specified tolerance.

NEW SECTION. Sec. 7. Unclassified red raspberries are those that:

(1) Fail to meet the Washington No. 1 processing grade standards;

(2) Are not graded; or

(3) Are in unmarked containers.

The term "unclassified" means no grade has been applied to the lot.

NEW SECTION. Sec. 8. Marking requirements for red raspberry containers are as follows:

(1) Washington No. 1 processing grade red raspberry containers may be marked with the name and address of the grower, packer, or shipper, and must be prominently marked with the grade "Washington No. 1 processing grade red raspberries."

(2) Any combination of Washington No. 1 processing grade red raspberries and unclassified red raspberries must be in containers prominently marked "juice stock red raspberries."

(3) Unclassified red raspberries must be in containers that are prominently marked "juice stock red raspberries."

NEW SECTION. Sec. 9. Washington No. 1 processing grade red raspberries may be used or sold for straight pack, individually quick frozen, puree stock, puree concentrate, juice, juice concentrate, or for any other type of use.

NEW SECTION. Sec. 10. Red raspberry puree stock must be red raspberries that meet Washington No. 1 processing grade standards and have been graded and cleaned, washed, and sorted in a licensed food processing facility to remove harmful or foreign material.

NEW SECTION. Sec. 11. Product designated or marked as "juice stock red raspberries" must be used and sold only for processing into wine, ultrafiltered, or pasteurized juice products or juice concentrate filtered sufficiently to remove foreign material including mold from the product, or for distilling.

NEW SECTION. Sec. 12. Red raspberries designated or marked as "juice stock red raspberries" may not be sold or used to produce puree, puree concentrate, or any red raspberry products other than those designated in section 11 of this act.

NEW SECTION. Sec. 13. (1) Red raspberries grown outside of the state of Washington or imported from other countries are deemed equivalent to Washington No. 1 processing grade red raspberries when:

(a) The other state or country has grading standards or requirements for red raspberries, those grading standards or requirements have been reviewed by the department and a written determination has been made by the department that those grading standards or requirements meet or exceed the standards set forth in section 6 of this act, and the red raspberries grown out of state or imported are accompanied by documents that certify that the red raspberries have been determined by a government inspection authority or competent third party to meet or exceed those standards;

(b) The red raspberries are obtained from a state or country that has an active memorandum of understanding with the department that covers the inspection and grading of red raspberries, and the red raspberries grown out of state or being imported are accompanied by documents from a government inspection authority or competent third party that state that the red raspberries meet or exceed the grading standards set forth in section 6 of this act;

(c) The red raspberries are obtained from a grower, processor, supplier, or exporter who provides continuing or lot specific inspections and documentation, and verification from a competent third party that the red raspberries meet or exceed the grade standards set forth in section 6 of this act; or

(d) The director, at the request of a third party or on the director's own initiative, has determined in writing that the red raspberries obtained from a particular source, on a lot specific or a continuing basis, meet or exceed the grade standards set forth in section 6 of this act.

(2) The documentation accompanying red raspberries grown outside of the state or imported from another country must show that the red raspberries have undergone inspection, meet one of the criteria specified in subsection (1)(a) through (d) of this section, and must be in English.

NEW SECTION. Sec. 14. Any red raspberries or red raspberry products that are adulterated, as provided under RCW 69.04.210, including through the deliberate addition of moldy product, or any red raspberries or red raspberry products containing unacceptable levels of filth or mold, may not be sold or processed for any purpose.

NEW SECTION. Sec. 15. This chapter does not apply to:

(1) Red raspberries harvested before June 2001; or

(2) Red raspberries destined for fresh market.

NEW SECTION. Sec. 16. The director shall enforce and carry out the provisions of this chapter and may adopt the necessary rules to carry out its purpose. Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter.

NEW SECTION. Sec. 17. In addition to the powers conferred on the director under this chapter, the director has the power to adopt:

(1) Rules establishing recordkeeping requirements; and

(2) Any other rule necessary to implement this chapter.

NEW SECTION. Sec. 18. The director may adopt rules establishing fees to recover the costs of administering this chapter. All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund created in RCW 43.23.230, and used solely for carrying out the purposes of this chapter and rules adopted under this chapter.

NEW SECTION. Sec. 19. The director may enter at reasonable times as determined by the director and inspect any facility and any records required under this chapter. The director may take for inspection those representative samples of red raspberries necessary to determine whether or not this chapter or rules adopted under this chapter have been violated. If the director is denied access to any facility or records, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the facility or records. The court may upon such an application issue a search warrant for the purpose requested.

NEW SECTION. Sec. 20. The director may bring an action to enjoin any violation of this chapter or rule adopted under this chapter in the superior court of Thurston county or of any county in which a violation occurs, notwithstanding the existence of other remedies at law.

NEW SECTION. Sec. 21. The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this chapter.

NEW SECTION. Sec. 22. It is unlawful for a person to sell, offer for sale, hold for sale, or ship or transport red raspberries in violation of this chapter or rules adopted under this chapter.

NEW SECTION. Sec. 23. Any person who violates the provisions of this chapter or rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation.

NEW SECTION. Sec. 24. The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy.

NEW SECTION. Sec. 25. Sections 4 through 24 of this act constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 26. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 27. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2001."

POINT OF ORDER

Senator Honeyford: “A point of order, Mr. President. The striking amendment by Senators Rasmussen, Gardner, Swecker, Spanel, Kastama and Zarelli changes the scope and object of the underlying bill, Senate Bill No. 5613, and therefore I request a ruling on the scope and object. The underlying bill is really a simple bill with three sections that establish a farm direct marketing program within the Department of Agriculture. In contrast, you look at the striking amendment and it deals exclusively with regulatory provisions for red raspberries. The underlying bill makes no mention of red raspberries. This amendment attempts to add on twenty-fours sections, which specifically address regulatory requirements for red raspberries. In addition, the amendment makes no mention of the direct marketing assistance program, the subject of the bill. Given the amendment and the expansion of the bill, I believe the striking amendment changes the scope and object of the underlying bill in violation of Senate Rule 66.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5613 was deferred.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 1445, by House Committee on Finance (originally sponsored by Representatives Kessler, Lambert, Ogden, Edmonds, Kagi, Dickerson, Jackley, Fromhold, Keiser, Veloria, Miloscia, Cody and McDermott) (by request of State Treasurer Murphy)

Retaining the linked deposit program.

The bill was read the second time.

MOTION

Senator Benton moved that the following amendments by Senator Zarelli be considered simultaneously be adopted:

On page 2, line 33, strike "or cultural bias"

On page 2, line 34, after "member of a", insert "particular racial or ethnic"

On page 2, line 37, strike "that are under the age of twenty-five"

The President declared the question before the Senate to be the adoption of the amendments by Senator Zarelli on page 2, lines 33, 34, and 37, to Second Substitute House Bill No. 1445.

The motion by Senator Benton failed and the amendments were not adopted.

MOTION

On motion of Senator Prentice, the rules were suspended, Second Substitute House Bill No. 1445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

Senators Snyder, Prentice and Betti Sheldon demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be not put.

The demand for the previous question carried on a rising vote.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1445.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 1445 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 21; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 26.

Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 21.

Excused: Senators Deccio and Haugen - 2.

SECOND SUBSTITUTE HOUSE BILL NO. 1445, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5419, by Senators Patterson, Long, Hargrove, Kline, Winsley and Kohl-Welles

Providing chemical dependency treatment for certain offenders.

The bill was read the second time.

MOTION

On motion of Senator Kline, Second Substitute Senate Bill No. 5419 was substituted for Senate Bill No. 5419 and the second substitute bill was placed on second reading and read the second time.

Senator Hargrove moved that, the following striking amendment by Senators Hargrove, Long, Patterson, Kline and Brown be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that community safety and health are promoted and tax dollars are saved when offenders who abuse drugs are provided with effective treatment programs. The legislature further finds that appropriate substance abuse treatment is effective, but that adult offenders with substance abuse problems often do not have access to the treatment needed to help them live healthier, more stable, and productive lives.

The legislature intends to increase the capacity of the criminal justice system to provide access to appropriate substance abuse treatment, at the local level, for all types of offenders who are diagnosed with an addiction or a substance abuse problem that if not treated would result in addiction. The legislature intends to fund the increased access by sentencing drug offenders commensurate to the seriousness of their offenses while continuing to punish offenders who manufacture methamphetamine or sell drugs for profit at current levels.

It is the intent of the legislature to ensure, as much as possible, that the treatment is effective by requiring the use of research proven and approved treatment programs under chapter 70.96A RCW. At the same time, through a distribution formula and grants, the legislature intends to provide counties with the flexibility to tailor their approach and seek local solutions to treatment issues while providing adequate oversight to make sure that funds are effectively used.

Sec. 2. RCW 9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVI Aggravated Murder 1 (RCW 10.95.020)

XV Homicide by abuse (RCW 9A.32.055)

Malicious explosion 1 (RCW 70.74.280(1))

Murder 1 (RCW 9A.32.030)

XIV Murder 2 (RCW 9A.32.050)

XIII Malicious explosion 2 (RCW 70.74.280(2))

Malicious placement of an explosive 1 (RCW 70.74.270(1))

XII Assault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

XI Manslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

X Child Molestation 1 (RCW 9A.44.083)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Kidnapping 1 (RCW 9A.40.020)

Leading Organized Crime (RCW 9A.82.060(1)(a))

Malicious explosion 3 (RCW 70.74.280(3))

Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

IX Assault of a Child 2 (RCW 9A.36.130)

Controlled Substance Homicide (RCW 69.50.415)

Explosive devices prohibited (RCW 70.74.180)

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

Malicious placement of an explosive 2 (RCW 70.74.270(2))

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIII Arson 1 (RCW 9A.48.020)

Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

Hit and Run--Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Manslaughter 2 (RCW 9A.32.070)

Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

((Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))))

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

Promoting Prostitution 1 (RCW 9A.88.070)

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

Theft of Anhydrous Ammonia (RCW 69.55.010)

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VII Burglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Introducing Contraband 1 (RCW 9A.76.140)

Involving a minor in drug dealing (RCW 69.50.401(f))

Malicious placement of an explosive 3 (RCW 70.74.270(3))

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

VI Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

Bribery (RCW 9A.68.010)

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

Rape of a Child 3 (RCW 9A.44.079)

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)

V Abandonment of dependent person 1 (RCW 9A.42.060)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 1 (RCW 9A.42.020)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

Possession of a Stolen Firearm (RCW 9A.56.310)

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

IV Arson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault by Watercraft (RCW 79A.60.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Escape 1 (RCW 9A.76.110)

Hit and Run--Injury (RCW 46.52.020(4)(b))

Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

Malicious Harassment (RCW 9A.36.080)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

Threats to Bomb (RCW 9.61.160)

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Vehicular Assault (RCW 46.61.522)

Willful Failure to Return from Furlough (RCW 72.66.060)

III Abandonment of dependent person 2 (RCW 9A.42.070)

Assault 3 (RCW 9A.36.031)

Assault of a Child 3 (RCW 9A.36.140)

Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

Burglary 2 (RCW 9A.52.030)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Criminal Gang Intimidation (RCW 9A.46.120)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Assault (RCW 9A.36.100)

Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

Malicious Injury to Railroad Property (RCW 81.60.070)

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

Theft of Livestock 2 (RCW 9A.56.080)

Unlawful Imprisonment (RCW 9A.40.040)

Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Willful Failure to Return from Work Release (RCW 72.65.070)

II Computer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

Escape from Community Custody (RCW 72.09.310)

Health Care False Claims (RCW 48.80.030)

Malicious Mischief 1 (RCW 9A.48.070)

Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

Possession of phencyclidine (PCP) (RCW 69.50.401(d))

Possession of Stolen Property 1 (RCW 9A.56.150)

Theft 1 (RCW 9A.56.030)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful Practice of Law (RCW 2.48.180)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Forgery (RCW 9A.60.020)

Malicious Mischief 2 (RCW 9A.48.080)

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

Possession of Stolen Property 2 (RCW 9A.56.160)

Reckless Burning 1 (RCW 9A.48.040)

Taking Motor Vehicle Without Permission (RCW 9A.56.070)

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 3. RCW 9.94A.360 and 2000 c 28 s 15 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.

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

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

(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

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

(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult and ½ point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and ½ point for each juvenile prior conviction.

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

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

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

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

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

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

NEW SECTION. Sec. 4. A new section is added to chapter 70.96A RCW to read as follows:

(1) The criminal justice treatment account is created in the state treasury. Moneys in the account may be expended solely for substance abuse treatment for offenders with an addiction or a substance abuse problem that if not treated would result in addiction, against whom charges are filed by a prosecuting attorney in Washington state as well as for the provision of drug and alcohol services for nonviolent offenders within a drug court program. Moneys in the account may be spent only after appropriation.

(2) Revenues to the criminal justice treatment account consist of: (a) Savings to the state general fund resulting from reductions in drug offender sentencing as a result of sections 2 and 3, chapter . . ., Laws of 2001 (sections 2 and 3 of this act), as calculated pursuant to this section; and (b) any other revenues appropriated to or deposited in the account.

(3)(a) The department of corrections, the sentencing guidelines commission, the office of financial management, and the caseload forecast council shall develop a methodology for calculating the projected biennial savings under this section. Savings shall be projected for the fiscal biennium beginning on July 1, 2003, and for each biennium thereafter. By December 1, 2001, the proposed methodology shall be submitted to the governor and the appropriate committees of the legislature. The methodology is deemed approved unless the legislature enacts legislation during the 2002 session to modify or reject the methodology.

(b) When the department of corrections submits its biennial budget request to the governor in 2002, the department of corrections shall use the methodology approved in (a) of this subsection to calculate savings to the state general fund for the ensuing fiscal biennium resulting from reductions in drug offender sentencing as a result of sections 2 and 3, chapter . . ., Laws of 2001 (sections 2 and 3 this act). The department shall report the dollar amount of the savings to the state treasurer, the office of financial management, and the fiscal committees of the legislature.

(c) For the fiscal biennium beginning July 1, 2003, and each fiscal biennium thereafter, the state treasurer shall transfer seventy-five percent of the amount reported in (b) of this subsection from the general fund into the criminal justice treatment account, divided into eight equal quarterly payments.

(d) For the fiscal biennium beginning July 1, 2003, and each biennium thereafter, the state treasurer shall transfer twenty-five percent of the amount reported in (b) of this subsection from the general fund into the violence reduction and drug enforcement account, divided into eight quarterly payments. The amounts transferred pursuant to this section shall be used solely for providing drug and alcohol treatment services to offenders receiving a reduced sentence as a result of sections 2 and 3, chapter . . ., Laws of 2001 (sections 2 and 3 of this act) and who are assessed with an addiction or a substance abuse problem that if not treated would result in addiction. Any excess funds remaining after providing drug and alcohol treatment services to offenders receiving a reduced sentence as a result of sections 2 and 3, chapter . . ., Laws of 2001 (sections 2 and 3 of this act), may be expended to provide treatment for sex or violent offenders assessed with an addiction or a substance abuse problem that contributed to the crime.

(e) In each odd-numbered year, the legislature shall appropriate the amount transferred to the criminal justice treatment account in (c) of this subsection to the division of alcohol and substance abuse for the purposes of subsection (4) of this section.

(4) Moneys appropriated to the division of alcohol and substance abuse from the criminal justice treatment account shall be distributed as specified in this subsection. The department shall serve as the fiscal agent for purposes of distribution.

(a) Seventy percent of amounts appropriated to the division from the account shall be distributed to counties pursuant to the distribution formula adopted under this section. The division of alcohol and substance abuse, in consultation with the department of corrections, the sentencing guidelines commission, the Washington state association of counties, the Washington state association of drug court professionals, the superior court judges' association, the Washington association of prosecuting attorneys, representatives of the criminal defense bar, and any other person deemed by the division to be necessary, shall establish a fair and reasonable methodology for distribution to counties of moneys in the criminal justice treatment account. County plans submitted for the expenditure of formula funds must be approved by the panel established in (b) of this subsection.

(b) Thirty percent of the amounts appropriated to the division from the account shall be distributed as grants for purposes of treating offenders against whom charges are filed by a county prosecuting attorney. The division shall appoint a panel of representatives from the Washington association of prosecuting attorneys, the Washington association of sheriffs and police chiefs, the superior court judges' association, the Washington state association of counties, the Washington defender's association or the Washington association of criminal defense lawyers, the department of corrections, and the division. The panel shall award the grants to eligible counties that have submitted plans pursuant to (a) of this subsection and shall approve expenditure plans for grant funds. The panel shall attempt to ensure that treatment as funded by the grants is available to offenders statewide.

(5) The county chemical dependency specialist, county prosecutor, county sheriff, county superior court, and a member of the criminal defense bar shall jointly submit a plan for disposition of all the funds provided from the criminal justice treatment account within that county. The funds shall be used solely to provide approved alcohol and substance abuse treatment pursuant to RCW 70.96A.090.

(6) Counties are encouraged to consider regional agreements for the efficient delivery of treatment under this section.

(7) Moneys allocated under this section shall be used to supplement, not supplant, other federal, state, and local funds used for substance abuse treatment.

NEW SECTION. Sec. 5. A new section is added to chapter 9.94A RCW to read as follows:

The sentencing guidelines commission, as part of the comprehensive review and evaluation of state sentencing policy, shall address the appropriate sentencing and treatment of drug offenders and other offenders with substance abuse problems, with specific reference to the length of sentences, the needs and provision for inpatient and outpatient treatment that is proven and economically feasible, and the appropriate degree of offender supervision during substance abuse treatment.

NEW SECTION. Sec. 6. The Washington state institute for public policy shall evaluate the effectiveness and financial impact of this act in meeting its stated purpose and intent. The evaluation shall include, but is not limited to: (1) A comparison of the reoffense rate of persons receiving a reduced sentence as a result of the sentencing changes included in this act with that of persons sentenced under prior law; and (2) a review of the effect on other outcome measures besides recidivism, such as treatment completion, employment, and housing.

NEW SECTION. Sec. 7. A new section is added to chapter 43.135 RCW to read as follows:

RCW 43.135.035(4) does not apply to the transfers established in section 4 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 43.20A RCW to read as follows:

The department of social and health services shall annually review and monitor the expenditures made by any county which is funded, in whole or in part, with funds provided by this act. Counties shall repay any funds that are not spent in accordance with the requirements of this act.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act applies to crimes committed on or after July 1, 2001.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."

MOTION

On motion of Senator Kastama, Senator Eide was excused.

MOTION

On motion of Senator Betti Sheldon, further consideration of Second Substitute Senate Bill No. 5419 was deferred.

SECOND READING

ENGROSSED HOUSE BILL NO. 1407, by Representatives Fisher and Mitchell (by request of Department of Licensing)

Modifying the taxation of fuel.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Engrossed House Bill No. 1407 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. 1407.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1407 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Eide and Haugen - 3.

ENGROSSED HOUSE BILL NO. 1407, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 1911, by Representatives Reardon, Cody, Santos and Ballasiotes

Requiring coverage for neurodevelopmental therapies.

The bill was read the second time.

MOTIONS

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

On page 5, after line 25, insert the following:

"NEW SECTION. Sec. 5. This act applies to contracts issued or renewed on or after January 1, 2002."

Renumber the sections consecutively and correct any internal references accordingly.

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

On page 1, line 11, after "individuals" insert ", including coverage for the condition referenced in RCW 48.21.320".

On page 2, line 29, after "individuals" insert ", including coverage for the condition referenced in RCW 48.21.320".

On page 3, line 28, after "individuals" insert ", including coverage for the condition referenced in RCW 48.44.460".

On page 4, line 31, after "individuals" insert ", including coverage for the condition referenced in RCW 48.46.530".

MOTION

On motion of Senator Thibaudeau, the following amendment by Senators Thibaudeau and Rossi was adopted:

On page 5, after line 25, insert the following:

"NEW SECTION. Sec. 5. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

Renumber the sections consecutively and correct any internal references accordingly.

MOTIONS

On motion of Senator Thibaudeau, the following title amendments were considered simultaneously and were adopted.

On page 1, line 2 of the title, after "therapies;" strike "and".

On page 1, on line 2 of the title, strike "and"

On page 1, line 3 of the title, after "48.46.520" insert ", and creating a new section".

On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1911, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1911, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1911, as amended by the Senate, and the bill failed to pass the Senate by the following vote: Yeas, 21; Nays, 26; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel,- 21.

Voting nay: Senators Benton, Carlson, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette,

Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 26.

Excused: Senators Deccio and Haugen - 2.

HOUSE BILL NO. 1911, as amended by the Senate, having failed to receive the constitutional majority, was declared lost.

MOTION FOR RECONSIDERATION

Having voted on the prevailing side, Senator Thibaudeau moved to reconsider the vote by which House Bill No. 1911, as amended by the Senate, failed to pass the Senate.

POINT OF ORDER

Senator Sheahan: “On the day of the cut-off, she can’t give notice for reconsideration.”

REPLY BY THE PRESIDENT

President Owen: “What is your question? Is it a point of order?”

Senator Sheahan: “A point of order.”

President Owen: “A point of order and what is your point of order?”

Senator Sheahan: “Mr. President, on the day of a cut-off, it is not in order to give notice of reconsideration and you have to ask for immediate reconsideration and to immediately reconsider a bill, you have to go to the ninth order of business.”

President Owen: “Senator Sheahan, I received a news flash just moments ago that the House did not pass the cutoff amendment, so the cutoff is not technically until tomorrow.”

Senator Sheahan: “Do you still have to go to the ninth order to reconsider the bill?”

President Owen: “Based on the way, Senator Thibaudeau placed the motion, we would need to be in the ninth order of business.”

Senator Sheahan: “Thank you, Mr. President.”

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Thibaudeau gave notice that she would move to reconsider the vote by which House Bill No. 1911, as amended by the Senate, failed to pass the Senate.

SECOND READING

HOUSE BILL NO. 1394, by Representatives Eickmeyer, Schoesler, Rockefeller, Sump, Jackley, Kessler, Cox and Dunshee

Clarifying the use of county road funds in salmon recovery projects.

MOTION

Senator Gardner moved that the following Committee on Transportation striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that projects that remove impediments to fish passage can greatly increase access to spawning and rearing habitat for depressed, threatened, and endangered fish stocks. Although counties are authorized to use county road funds to replace culverts and other barriers to fish passage, and may conduct streambed and stream bank restoration and stabilization work in conjunction with removal of these fish barriers, counties are reluctant to spend county road funds beyond the county right-of-way because it is unclear whether the use of road funds for this purpose is authorized. The purpose of this act is to clarify that streambed and stream bank restoration and stabilization activities conducted in conjunction with removal of existing barriers to fish passage within county rights-of-way constitute a county road purpose even if this work extends beyond the county right-of-way. The legislature intends this act to be permissive legislation. Nothing in this act is intended to create or impose a legal duty upon counties for salmon recovery work beyond the county right-of-way.

Sec. 2. RCW 36.79.140 and 1997 c 81 s 6 are each amended to read as follows:

At the time the board reviews the six-year program of each county each even-numbered year, it shall consider and shall approve for inclusion in its recommended budget, as required by RCW 36.79.130, the portion of the rural arterial construction program scheduled to be performed during the biennial period beginning the following July 1st. Subject to the appropriations actually approved by the legislature, the board shall as soon as feasible approve rural arterial trust account funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant to RCW 36.79.090. Only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including traffic law enforcement, as are allowed to the state by Article II, section 40 of the state Constitution are eligible to receive funds from the rural arterial trust account: PROVIDED HOWEVER, That counties with a population of less than eight thousand are exempt from this eligibility restriction: AND PROVIDED FURTHER, That counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are also exempt from this eligibility restriction. The board shall authorize rural arterial trust account funds for the construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the preliminary proposal has been completed and the construction project is to be placed under contract. At such time the board may reserve rural arterial trust account funds for expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be commenced in the ensuing biennium.

The board may, within the constraints of available rural arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting county that the proposed project is of an emergent nature and that its need was unable to be anticipated at the time the six-year program of the county was developed. The proposed projects shall be evaluated on the basis of the priority rating factors specified in RCW 36.79.080.

Sec. 3. RCW 36.82.070 and 1997 c 189 s 1 are each amended to read as follows:

Any money paid to any county road fund may be used for the construction, alteration, repair, improvement, or maintenance of county roads and bridges thereon and for wharves necessary for ferriage of motor vehicle traffic, and for ferries, and for the acquiring, operating, and maintaining of machinery, equipment, quarries, or pits for the extraction of materials, and for the cost of establishing county roads, acquiring rights-of-way therefor, and expenses for the operation of the county engineering office, and for any of the following programs when directly related to county road purposes: (1) Insurance; (2) self-insurance programs; and (3) risk management programs; and for any other proper county road purpose. Such expenditure may be made either independently or in conjunction with the state or any city, town, or tax district within the county. County road purposes also include the removal of barriers to fish passage related to county roads, and include but are not limited to the following activities associated with the removal of these barriers: Engineering and technical services; stream bank stabilization; streambed restoration; the placement of weirs, rock, or woody debris; planting; and channel modification. County road funds may be used beyond the county right-of-way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county. Activities related to the removal of barriers to fish passage performed beyond the county right-of-way must not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project, and the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights-of-way must not exceed one-half of one percent of a county's annual road construction budget. The use of county road funds beyond the county right-of-way for activities associated with the removal of fish barriers is permissive, and wholly within the discretion of the county legislative authority. The use of county road funds beyond the county right-of-way for such activities does not create or impose a legal duty upon a county for salmon recovery work beyond the county right-of-way."

MOTION

On motion of Senator West, further consideration of House Bill No. 1394 was deferred.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 1752, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Clements, Grant, G. Chandler, B. Chandler, Linville, Lisk, McMorris, Armstrong, Schoesler and Mulliken)

Allowing for claims for wildlife damage on rangeland suitable for grazing or browsing of domestic livestock.

The bill was read the second time.

MOTION

Senator Rasmussen moved that the following Committee on Agriculture and International Trade striking amendment not be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.36.005 and 1996 c 54 s 1 are each amended to read as follows:

The legislature finds that:

(1) As the number of people in the state grows and wildlife habitat is altered, people will encounter wildlife more frequently. As a result, conflicts between humans and wildlife will also increase. Wildlife is a public resource of significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all citizens of the state.

(2) In particular, the state recognizes the importance of commercial agricultural and horticultural crop production, rangeland suitable for grazing or browsing of domestic livestock, and the value of healthy deer and elk populations, which can damage such crops. The legislature further finds that damage prevention is key to maintaining healthy deer and elk populations, wildlife-related recreational opportunities, ((and)) commercially productive agricultural and horticultural crops, and rangeland suitable for grazing or browsing of domestic livestock, and that the state, participants in wildlife recreation, and private landowners and tenants share the responsibility for damage prevention. Toward this end, the legislature encourages landowners and tenants to contribute through their land management practices to healthy wildlife populations and to provide access for related recreation. It is in the best interests of the state for the department of fish and wildlife to respond quickly to wildlife damage complaints and to work with these landowners and tenants to minimize and/or prevent damages and conflicts while maintaining deer and elk populations for enjoyment by all citizens of the state.

(3) A timely and simplified process for resolving claims for damages caused by deer and elk for commercial agricultural or horticultural products, and rangeland used for grazing or browsing of domestic livestock is beneficial to the claimant and the state.

Sec. 2. RCW 77.36.010 and 1996 c 54 s 2 are each amended to read as follows:

((Unless otherwise specified,)) The ((following)) definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

(1) "Crop" means ((a commercially raised horticultural and/or agricultural product and includes growing or harvested product but does not include livestock)) (a) a growing or harvested horticultural and/or agricultural product for commercial purposes; or (b) rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year for commercial purposes. For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims.

(2) "Emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, or fowl.

(3) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild.

Sec. 3. RCW 77.36.080 and 1996 c 54 s 9 are each amended to read as follows:

(1) The department may pay no more than thirty thousand dollars per fiscal year from the general fund for claims under RCW 77.36.040 and for assessment costs and compromise of claims unless the legislature declares an emergency. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage.

(2) The legislature may declare an emergency, defined for the purposes of this section as any happening arising from weather, other natural conditions, or fire that causes unusually great damage by deer or elk to commercially raised agricultural or horticultural crops ((by deer or elk)), or rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year. In an emergency, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims under RCW 77.36.040 and for assessment and compromise of claims. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."

MOTION

On motion of Senator Rasmussen, further consideration of Second Substitute House Bill No. 1752 was deferred.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 1091, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, H. Sommers, Miloscia, Cairnes, Schindler, Talcott and Mielke)

Changing sexual misconduct laws with regard to school employees.

The bill was read the second time.

MOTION

Senator Kline moved that the following amendments be considered simultaneously and be adopted:

On page 1, line 18, after "employee" insert "and the employee is at least sixty months older than the student"

On page 2, line 21, after "employee" insert "and the employee is at least sixty months older than the student"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Kline on page 1, line 18, and page 2, line 21, to Substitute House Bill No. 1091.

Further debate ensued.

The motion by Senator Kline failed and the amendments were not adopted.

MOTION

On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1091 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. 1091.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 1091 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 3; Excused, 2.

Voting yea: Senators Benton, Carlson, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 40.

Voting nay: Senators Fairley, Kohl-Welles, Morton and Thibaudeau - 4.

Absent: Senators Brown, Constantine and Rossi - 3.

Excused: Senators Deccio and Haugen - 2.

SUBSTITUTE HOUSE BILL NO. 1091, 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. 1361, by Representatives Jackley, Cairnes and Dunshee (by request of Department of Revenue)

Simplifying excise tax application and administration.

The bill was read the second time.

MOTION

On motion of Senator Brown, the following Committee on Ways and Means amendment was adopted:

On page 10, line 6, strike "82.04.280(2)" and insert "82.04.290(2)"

MOTION

Senator Brown moved that the following amendment by Senators Brown, Tim Sheldon and Rossi be adopted:

On page 17, after line 18, insert the following:

"NEW SECTION. Sec. 18. The legislature finds that the application of the business and occupation tax deduction provided in RCW 82.04.4281 for investment income of persons other than those engaging in "banking, loan, security, or other financial businesses" has been the subject of disagreement between taxpayers and the state. Decisions of the supreme court have provided some broad guidelines and principles for interpretation of the deduction provided in RCW 82.04.4281, but these decisions have not provided the certainty and clarity that is desired by taxpayers and the state. Therefore, it is the intent of the legislature to delay change in the manner or extent of taxation of the investment income until definitions or standards can be developed and enacted by the Legislature.

NEW SECTION. Sec. 19. A new section is added to chapter 82.04 RCW to read as follows:

(1) The department of revenue shall not assess nor impose business and occupation tax on investment income of persons engaging in business activities of a character that have not previously been determined by the department to be an "other financial business" under RCW 82.04.4281 through:

(a) A final decision of a court of record. However, this subsection shall not be construed to deny the deduction to any person other than the specific taxpayer covered in the court's decision;

(b) Excise tax advisories published prior to January 1, 2001; or

(c) Rulings or determinations issued by the department of revenue to a specific taxpayer prior to January 1, 2001. However, this subsection shall not be construed to deny the deduction to any person other than the specific taxpayer covered in the ruling or determination.

(2) Nothing in this act shall be construed to prohibit the department of revenue from granting the deduction by means of revocation of previous determinations set forth in subsections (1)(a),(b), or (c) of this section.

(3) This section expires July 1, 2002.

NEW SECTION. Sec. 20 The department of revenue shall report to the fiscal committees of the legislature by November 30, 2001, on the progress made in working with affected businesses on potential amendments to RCW 82.04.4281 which would clarify the application of RCW 82.04.4281 to other financial businesses."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Brown, Tim Sheldon and Rossi on page 17, after line 18, to House Bill No. 1361.

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

MOTIONS

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

On page 1, on line 5 of the title, after "82.16 RCW;" insert "adding a new section to chapter 82.04 RCW;" and on line 6, strike "creating a new section;" and insert "creating new sections;"

On motion of Senator Brown, the rules were suspended, House Bill No. 1361, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1361, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 1361, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and Haugen - 2.

HOUSE BILL NO. 1361, 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.

There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5419, deferred earlier today after Senator Hargrove moved that the striking amendment by Senators Hargrove, Long, Patterson, Kline and Brown be adopted.

MOTION

Senator Benton moved that the following amendment to the striking amendment by Senators Hargrove, Long, Patterson, Kline and Brown be adopted:

On page 10, after line 10, insert the following:

"NEW SECTION. Sec. 3. RCW 9.94A.030 and 2000 c. 28 s. 2 are amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.145, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

(2) "Commission" means the sentencing guidelines commission.

(3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

(4) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.120(2)(b), 9.94A.650 through 9.94A.670, 9.94A.137, 9.94A.700 through 9.94A.715, or 9.94A.383, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

(5) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.040, for crimes committed on or after July 1, 2000.

(6) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

(7) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

(8) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

(9) "Confinement" means total or partial confinement.

(10) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

(11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

(12) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

(13) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

(14) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

(15) "Department" means the department of corrections.

(16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

(17) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(18) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

(19) "Drug offense" means:

(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

(20) "Earned release" means earned release from confinement as provided in RCW 9.94A.150.

(21) "Escape" means:

(a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

(22) "Felony traffic offense" means:

(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

(23) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

(24) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

(25) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

(26) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.

(27) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

(b) Assault in the second degree;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

(g) Incest when committed against a child under age fourteen;

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Manufacture, delivery, or possession with intent to deliver heroin, cocaine, or methamphetamine;

(((m)))(n) Promoting prostitution in the first degree;

(((n)))(o) Rape in the third degree;

(((o)))(p) Robbery in the second degree;

(((p)))(q) Sexual exploitation;

(((q)))(r) Vehicular assault;

(((r)))(s) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(((s)))(t) Any other class B felony offense with a finding of sexual motivation;

(((t)))(u) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

(((u)))(v) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

(((v)))(w)(i) A prior conviction for indecent liberties under *RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

(28) "Nonviolent offense" means an offense which is not a violent offense.

(29) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

(30) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.

(31) "Persistent offender" is an offender who:

(a)(i) Has been convicted in this state of any felony considered a most serious offense; and

(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (31)(b)(i); and

(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

(32) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

(33) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.

(34) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

(35) "Serious traffic offense" means:

(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

(36) "Serious violent offense" is a subcategory of violent offense and means:

(a)(i) Murder in the first degree;

(ii) Homicide by abuse;

(iii) Murder in the second degree;

(iv) Manslaughter in the first degree;

(v) Assault in the first degree;

(vi) Kidnapping in the first degree;

(vii) Rape in the first degree;

(viii) Assault of a child in the first degree; or

(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

(37) "Sex offense" means:

(a) A felony that is a violation of:

(i) Chapter 9A.44 RCW other than RCW 9A.44.130(11);

(ii) RCW 9A.64.020;

(iii) RCW 9.68A.090; or

(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

(38) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

(39) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

(40) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

(41) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

(42) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

(43) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

(44) "Violent offense" means:

(a) Any of the following felonies:

(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

(iii) Manslaughter in the first degree;

(iv) Manslaughter in the second degree;

(v) Indecent liberties if committed by forcible compulsion;

(vi) Kidnapping in the second degree;

(vii) Arson in the second degree;

(viii) Assault in the second degree;

(ix) Assault of a child in the second degree;

(x) Extortion in the first degree;

(xi) Robbery in the second degree;

(xii) Drive-by shooting;

(xiii) Vehicular assault; and

(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

(45) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.135.

(46) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.137 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

(47) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school."

Debate ensued.

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

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Benton on page 10, after line 10, to the striking amendment by Senators Hargrove, Long, Patterson, Kline and Brown to Second Substitute Senate Bill No. 5419.

ROLL CALL

The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 18; Nays, 29; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, McDonald, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 18.

Voting nay: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Hochstatter, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 29.

Excused: Senators Deccio and Haugen - 2.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove, Long, Patterson, Kline and Brown to Second Substitute Senate Bill No. 5419.

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

MOTIONS

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

On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 9.94A.360; reenacting and amending RCW 9.94A.320; adding a new section to chapter 70.96A RCW; adding a new section to chapter 9.94A RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 43.20A RCW; creating new sections; prescribing penalties; providing an effective date; and declaring an emergency."

On motion of Senator Kline, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5419 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Further debate ensued.

POINT OF ORDER

Senator West: “A point of order, Mr. President. I researched the budget and I’ve looked to see if this bill is referenced. I didn’t find it. Maybe it is there, but I don’t believe it is there. This bill was not anticipated in the budget that this body passed. In the cutoff resolution that this body passed months ago, it stipulated that no Senate Bills would be considered after the cutoff date that were not relevant to the budget or, I believe, transportation issues. Therefore, Mr. President, I do not believe that this bill is currently properly before us and would ask the President to so rule.”

MOTION

On motion of Senator Betti Sheldon, Engrossed Second Substitute Senate Bill No. 5419 was deferred on third reading.

There being no objection, the Senate resumed consideration of House Bill No. 1394 and the pending Committee on Transportation amendment deferred earlier today.

MOTION

Senator Benton moved that the following amendment by Senators Benton and Hochstatter to the Committee on Transportation striking amendment be adopted:

On page 3, line 24, after "right-of-way." insert "Under no circumstances may funds be allocated under the provisions of this section while commercial net fishing is allowed on the Columbia River or its tributaries."

Renumber the sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator Jacobsen: “A point of order, Mr. President. I am on the Transportation Committee and I ask if this amendment is within the scope and object of the original bill, which deals with culverts and allows the county to spend part of it on habitat restoration. This sounds like it deals with fishing season.”

REPLY BY THE PRESIDENT

President Owen: “Senator Jacobsen, are you raising the point of order that the amendment to the committee amendment raises the scope and object of the bill?”

Senator Jacobsen: “I am.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon further consideration of House Bill No. 1394 was deferred.

There being no objection, the Senate resumed consideration of Senate Bill No. 5613 and the pending amendment by Senator Rasmussen, Gardner, Swecker and Zarelli on page 3, after line 3, deferred earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Honeyford to the scope and object of the amendment by Senators Rasmussen, Gardner, Swecker, Spanel, Kastama and Zarelli on page 3, after line 3, to Senate Bill No. 5613, the President finds that Senate Bill No. 5613 is a measure which creates a program to assist small farms in their direct marketing efforts.

“The amendment on page 3, after line 3, would regulate the processing of red raspberries. While the amendment may make raspberries more marketable ultimately, as Senator Rasmussen argues, the amendment does not relate in any way to the establishment of the small farm direct marketing assistance program.

“The President, therefore, finds that the amendment is beyond the scope and object of the bill and the point of order if well taken.”

The President ruled that the amendment by Senators Rasmussen, Gardner, Swecker, Spanel, Kastama and Zarelli on page 3, after line 3, to Senate Bill No. 5613 to be out of order.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5613 was deferred.

SECOND READING

ENGROSSED HOUSE BILL NO. 1015, by Representatives Pennington, Mielke, Schindler, Ogden, Esser, Ruderman, Linville, Pearson, Ericksen, Morell and Talcott

Prohibiting methyl tertiary-butyl ether as a gasoline additive.

The bill was read the second time.

MOTION

On motion of Senator Eide, the following amendment by Senators Eide and Morton was adopted:

On page 1, line 9, after "be" strike "present" and insert "knowingly mixed"

Debate ensued.

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed House Bill No. 1015, 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 House Bill No. 1015, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 1015, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and Haugen - 2.

ENGROSSED HOUSE BILL NO. 1015, 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

SECOND SUBSTITUTE HOUSE BILL NO. 1041, by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, O'Brien, Lambert, Ruderman, Woods and Hurst)

Allowing protection orders for unlawful harassment to restrain persons under the age of eighteen.

The bill was read the second time.

MOTION

On motion of Senator Costa, the following Committee on Judiciary striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a protection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW.

Sec. 2. RCW 10.14.020 and 1999 c 27 s 4 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct ((is contact by a person over age eighteen that)) would cause a reasonable parent to fear for the well-being of their child.

(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within the meaning of "course of conduct."

Sec. 3. RCW 10.14.040 and 1995 c 292 s 2 and 1995 c 127 s 2 are each reenacted and amended to read as follows:

There shall exist an action known as a petition for an order for protection in cases of unlawful harassment.

(1) A petition for relief shall allege the existence of harassment and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(2) A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

(3) All court clerks' offices shall make available simplified forms and instructional brochures. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.

(4) Filing fees are set in RCW 36.18.020, but no filing fee may be charged for a petition filed in an existing action or under an existing cause number brought under this chapter in the jurisdiction where the relief is sought. Forms and instructional brochures shall be provided free of charge.

(5) A person is not required to post a bond to obtain relief in any proceeding under this section.

(6) The parent or guardian of a child under age eighteen may petition for an order of protection to restrain a person ((over)) age eighteen years or over from contact with that child upon a showing that contact with the person to be enjoined is detrimental to the welfare of the child.

(7) The parent or guardian of a child under the age of eighteen may petition for an order of protection to restrain a person under the age of eighteen years from contact with that child only in cases where the person to be restrained has been convicted of an offense against the child protected by the order or is under investigation for such an offense.

Sec. 4. RCW 10.14.120 and 1989 c 373 s 14 are each amended to read as follows:

Any willful disobedience by ((the respondent)) a respondent age eighteen years or over of any temporary antiharassment protection order or civil antiharassment protection order issued under this chapter subjects the respondent to criminal penalties under this chapter. Any respondent age eighteen years or over who willfully disobeys the terms of any order issued under this chapter may also, in the court's discretion, be found in contempt of court and subject to penalties under chapter 7.21 RCW. Any respondent under the age of eighteen years who willfully disobeys the terms of an order issued under this chapter may, in the court's discretion, be found in contempt of court and subject to the sanction specified in RCW 7.21.030(4).

Sec. 5. RCW 10.14.170 and 1987 c 280 s 17 are each amended to read as follows:

Any respondent age eighteen years or over who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall be guilty of a gross misdemeanor.

Sec. 6. RCW 7.21.030 and 1998 c 296 s 36 are each amended to read as follows:

(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.

(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:

(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). The imprisonment may extend only so long as it serves a coercive purpose.

(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.

(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.

(e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW, commitment to juvenile detention for a period of time not to exceed seven days. This sanction may be imposed in addition to, or as an alternative to, any other remedial sanction authorized by this chapter. This remedy is specifically determined to be a remedial sanction.

(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.

(4) If the court finds that a person under the age of eighteen years has willfully disobeyed the terms of an order issued under chapter 10.14 RCW, the court may find the person in contempt of court and may, as a sole sanction for such contempt, commit the person to juvenile detention for a period of time not to exceed seven days.

NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

MOTION

Senator Costa moved that the following striking amendment by Senators Costa, Kline, Long and McAuliffe be adopted: