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NINETY-EIGHTH DAY


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AFTERNOON SESSION


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Senate Chamber, Olympia, Sunday, April 18, 1993

     The Senate was called to order at 1:00 p.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Amondson, Bluechel, Deccio, Erwin, McCaslin, McDonald, Moyer, Niemi, Owen, Rasmussen, Rinehart, Linda Smith and West. On motion of Senator Oke, Senators Amondson, Bluechel, Deccio, Erwin, McCaslin, McDonald, Moyer, Linda Smith and West were excused. On motion of Senator Loveland, Senators Niemi, Owen and Rinehart were excused.

     The Sergeant at Arms Color Guard, consisting of Pages Crystal Fresco and Polly MacDonald, presented the Colors. Dr. Morris Belling of Temple Beth Hatfiloh of Olympia, offered the prayer.


MOTION


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


MESSAGE FROM THE HOUSE


April 17, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5441,

     SENATE BILL NO. 5695, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5441,

     SENATE BILL NO. 5695.


MESSAGE FROM THE HOUSE


March 7, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5567 with the following amendment(s):

     On page 2, line 32, beginning with "the three" strike all the matter through "members" on line 35, and insert "three of the members of the county legislative authority or their designees, the county auditor or the auditor's designee, the head of the emergency medical service district, and one emergency worker from the emergency medical service district to be elected by the emergency workers", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Haugen, the Senate concurred in the House amendment to Substitute Senate Bill No. 5567.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5567, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5567, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 0; Absent, 1; Excused, 12.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 36.

     Absent: Senator Rasmussen, M. - 1.

     Excused: Senators Amondson, Bluechel, Deccio, Erwin, McCaslin, McDonald, Moyer, Niemi, Owen, Rinehart, Smith, L. and West - 12.

     SUBSTITUTE SENATE BILL NO. 5567, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 8, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5556 with the following amendment(s):

     On page 4, line 34, after "schools" strike "on a contractual basis with students, parents, or both", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Pelz, the Senate concurred in the House amendment to Substitute Senate Bill No. 5556.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5556, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5556, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 38.

     Excused: Senators Amondson, Bluechel, Deccio, McCaslin, McDonald, Moyer, Niemi, Owen, Rinehart, Smith, L. and West - 11.

     SUBSTITUTE SENATE BILL NO. 5556, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 9, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5606 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 43.09 RCW to read as follows:

     As part of the routine audits of state agencies, the state auditor shall audit all revolving funds, local funds, and other state funds and state accounts that are not managed by or in the care of the state treasurer and that are under the control of state agencies, including but not limited to state departments, boards, and commissions. In conducting the audits of these funds and accounts, the auditor shall examine revenues and expenditures or assets and liabilities, accounting methods and procedures, and recordkeeping practices. In addition to including the results of these examinations as part of the routine audits of the agencies, the auditor shall report to the legislature on the status of all such funds and accounts that have been examined during the preceding biennium and any recommendations for their improved financial management. Such a report shall be filed with the legislature within five months of the end of each biennium regarding the funds and accounts audited during the biennium. The first such report shall be filed by December 1, 1993, regarding any such funds and accounts audited during the 1991-93 biennium.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Spanel, the Senate concurred in the House amendment to Substitute Senate Bill No. 5606.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5606, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5606, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 38.

     Excused: Senators Amondson, Bluechel, Deccio, McCaslin, McDonald, Moyer, Niemi, Owen, Rinehart, Smith, L. and West - 11.

     SUBSTITUTE SENATE BILL NO. 5606, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 9, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5612 with the following amendment(s):

     On page 2, line 16, after "board" strike "((, except the executive director of the county road administration board,))" and insert ", except the executive director of the county road administration board,", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Erwin, the Senate concurred in the House amendment to Substitute Senate Bill No. 5612.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5612, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5612, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 39.

     Excused: Senators Amondson, Bluechel, Deccio, McCaslin, Moyer, Niemi, Owen, Rinehart, Smith, L. and West - 10.

     SUBSTITUTE SENATE BILL NO. 5612, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 9, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5625 with the following amendment(s):

     On page 2, line 27, after "for" strike "age and cultural group" and insert "his or her age", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Adam Smith, the Senate concurred in the House amendment to Substitute Senate Bill No. 5625.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5625, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5625, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 3; Absent, 0; Excused, 8.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Newhouse, Roach and West - 3.

     Excused: Senators Amondson, Bluechel, Deccio, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 8.

     SUBSTITUTE SENATE BILL NO. 5625, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 8, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5634 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by establishing alternative dispute resolution processes available to any agency.

     NEW SECTION. Sec. 2. A new section is added to chapter 43.17 RCW to read as follows:

     For purposes of sections 2 through 4 of this act, "state agency" means:

     (1) Any agency for which the executive officer is listed in RCW 42.17.2401(1); and

     (2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.

     NEW SECTION. Sec. 3. A new section is added to chapter 43.17 RCW to read as follows:

     Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation. These efforts shall involve alternative dispute resolution methods. If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute. The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute. The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies.

     NEW SECTION. Sec. 4. A new section is added to chapter 43.17 RCW to read as follows:

     Sections 2 and 3 of this act shall not apply to any state agency that is a party to a lawsuit, which: (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies."

     On page 1, line 1 of the title, after "agencies;" strike the remainder of the title and insert "adding new sections to chapter 43.17 RCW; and creating a new section.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Haugen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5634.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5634, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5634, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Excused: Senators Amondson, Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 7.

     SUBSTITUTE SENATE BILL NO. 5634, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 6, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SENATE BILL NO. 5694 with the following amendment(s):

     On page 1, line 12, after "least" strike "((sixteen)) fifteen" and insert "sixteen"

     On page 1, line 14, after "state or" strike "an" and insert "is at least 15 years of age with a valid"

     On page 1, line 15, after "state," insert "and", and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk


MOTION


     On motion of Senator Snyder, the Senate concurred in the House amendments to Substitute Senate Bill No. 5694.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5694, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5694, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

     Absent: Senator Hargrove - 1.

     Excused: Senators Amondson, Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 7.

     ENGROSSED SENATE BILL NO. 5694, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 8, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5751 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 27.12 RCW to read as follows:

     A rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this section if a rural county library district, intercounty rural library district, or island library district has not been created in the county and the area proposed to be included in a rural partial-county library district has an assessed valuation of at least fifty million dollars.

     The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed by at least ten percent of the registered voters residing in the area proposed to be included in the rural partial-county library district. The county auditor shall review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority.

     If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing on the proposed rural partial-county library district, may adjust the boundaries of the proposed district, and may cause a ballot proposition to be submitted to the voters of the proposed rural partial-county library district authorizing its creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county library district by action of the county legislative authority.

     The rural partial-county library district shall be created if the ballot proposition authorizing the creation of the district is approved by a simple majority vote of the voters voting on the proposition. Immediately after creation of the rural partial-county library district the county legislative authority shall appoint a board of library trustees for the district as provided under RCW 27.12.190.

     Except as provided in this section, a rural partial-county library district is subject to all the provisions of law applicable to a rural county library district and shall have all the powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose property taxes, incur debt, and annex a city or town with a population of less than one hundred thousand at the time of the annexation that is located in the same county as the rural partial-county library district.

     Adjacent unincorporated territory in the county may be annexed to a rural partial-county library district in the same manner as territory is annexed to a sewer district, except that an annexation is not subject to potential review by a boundary review board.

     If a ballot proposition is approved creating a rural county library district in the county, every rural partial-county library district in that county shall be dissolved and its assets and liabilities transferred to the rural county library district. Where a rural partial-county library district has annexed a city or town, the voters of the city or town shall be allowed to vote on the proposed creation of a rural county library district and, if created, the rural county library district shall include each city and town that was annexed to the rural partial-county library district.

     Nothing in this section authorizes the consolidation of a rural partial-county library district with any rural county library district; island library district; city, county, or regional library; intercounty library district; or other rural partial-county library district, unless, in addition to any other requirements imposed by statute, the boards of all library districts involved approve the consolidation.

     Sec. 2. RCW 27.12.010 and 1982 c 123 s 1 are each amended to read as follows:

     As used in this chapter ((and chapter 27.08 RCW)), unless the context requires a different meaning:

     (1) "Governmental unit" means any county, city, town, rural county library district, intercounty rural library district, rural partial-county library district, or island library district;

     (2) "Legislative body" means the body authorized to determine the amount of taxes to be levied in a governmental unit; in rural county library districts, in intercounty rural library districts, and in island library districts, the legislative body shall be the board of library trustees of the district;

     (3) "Library" means a free public library supported in whole or in part with money derived from taxation; ((and))

     (4) "Regional library" means a free public library maintained by two or more counties or other governmental units as provided in RCW 27.12.080; ((and))

     (5) "Rural county library district" means a library serving all the area of a county not included within the area of incorporated cities and towns: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; ((and))

     (6) "Intercounty rural library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns within two or more counties: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; ((and))

     (7) "Island library district" means a municipal corporation organized to provide library service for all areas outside of incorporated cities and towns on a single island only, and not all of the area of the county, in counties composed entirely of islands and having a population of less than twenty-five thousand at the time the island library district was created: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360 through 27.12.390; and

     (8) "Rural partial-county library district" means a municipal corporation organized to provide library service for a portion of the unincorporated area of a county that has an assessed valuation of at least fifty million dollars. Any city or town located in the same county as a rural partial-county library district may annex to the district if the city or town has a population of one hundred thousand or less at the time of annexation.

     Sec. 3. RCW 27.12.070 and 1984 c 186 s 7 are each amended to read as follows:

     The county treasurer of the county in which any rural county library district or rural partial-county library district is created shall receive and disburse all district revenues and collect all taxes levied under this chapter.

     Sec. 4. RCW 84.52.052 and 1991 c 138 s 1 are each amended to read as follows:



     The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district except school districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, sewer district, water district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, fire protection district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, or cultural arts, stadium, and convention district.

     Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or RCW 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 64 and as thereafter amended, at a special or general election to be held in the year in which the levy is made.

     A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Drew, the Senate concurred in the House amendment to Substitute Senate Bill No. 5751.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5751, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5751, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

     Absent: Senator Hargrove - 1.

     Excused: Senators Amondson, Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 7.

     SUBSTITUTE SENATE BILL NO. 5751, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 15, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SENATE BILL NO. 5768 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "Sec. 1. RCW 38.52.010 and 1986 c 266 s 23 are each amended to read as follows:

     As used in this chapter:

     (1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.

     (2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.

     (3) "Political subdivision" means any county, city or town.

     (4) "Emergency worker" means any person, including but not limited to an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, who is registered with a local emergency management organization or the department of community development and holds an identification card issued by the local emergency management director or the department of community development for the purpose of engaging in authorized emergency management activities or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.

     (5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.

     (6) "Emergency or disaster" as used in this chapter shall mean an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences,

or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

     (7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.

     (8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.

     (9) "Director" means the director of community development.

     (10) "Local director" means the director of a local organization of emergency management or emergency services.

     (11) "Department" means the department of community development.

     NEW SECTION. Sec. 2. A new section is added to chapter 38.52 RCW to read as follows:

     For purposes of the liability of an architect or engineer serving as a volunteer emergency worker, the exemption from liability provided under RCW 38.52.195 extends to all damages, so long as the conditions specified in RCW 38.52.195 (1) through (5) occur.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Adam Smith, the Senate concurred in the House amendment to Engrossed Senate Bill No. 5768.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5768, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5768, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 42.

     Absent: Senator Wojahn - 1.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 6.

     ENGROSSED SENATE BILL NO. 5768, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 7, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5839 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. It is the intent of the legislature to consolidate mail functions for state government in a manner that will provide timely, effective, efficient, and less-costly mail service for state government.

     NEW SECTION. Sec. 2. A new section is added to chapter 43.19 RCW to read as follows:

     Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and section 3 of this act.

     (1) "Consolidated mail service" means incoming, outgoing, and internal mail processing.

     (2) "Department" means the department of general administration.

     (3) "Director" means the director of the department of general administration.

     (4) "Agency" means:

     (a) The office of the governor; and

     (b) Any office, department, board, commission, or other separate unit or division, however designated, of the state government, together with all personnel thereof: Upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature; and that has as its chief executive officer a person or combination of persons such as a commission, board, or council, by law empowered to operate it, responsible either to: (i) No other public officer or (ii) the governor.

     (5) "Incoming mail" means mail, packages, or similar items received by an agency, through the United States postal service, private carrier services, or other courier services.

     (6) "Outgoing mail" means mail, packages, or similar items processed for agencies to be sent through the United States postal service, private carrier services, or other courier services.

     (7) "Internal mail" means interagency mail, packages, or similar items that are delivered or to be delivered to a state agency, the legislature, the supreme court, or the court of appeals, and their officers and employees.

     NEW SECTION. Sec. 3. A new section is added to chapter 43.19 RCW to read as follows:





     The director shall establish a consolidated mail service to handle all incoming, outgoing, and internal mail in the 98504 zip code area or successor zip code areas for agencies in the Olympia, Tumwater, and Lacey area. The director may include additional geographic areas within the consolidated mail service, based upon his or her determination. The department shall also provide mail services to legislative and judicial agencies in the Olympia, Tumwater, and Lacey area upon request.

     The director may bill state agencies and other entities periodically for mail services rendered.

     NEW SECTION. Sec. 4. All employees of any state agency who are employed exclusively or principally in performing the powers, duties, or functions assigned to the department pursuant to section 3 of this act, may be transferred to the department of general administration. The office of financial management shall determine the number of employees to be transferred for efficient operation of the mail service. Upon such transfer to the department of general administration, such employees shall continue to be governed by the provisions of chapter 41.06 RCW, the state civil service law, and shall retain their permanent or probationary status together with all rights, privileges, and immunities attaching thereto.

     NEW SECTION. Sec. 5. The department, in cooperation with the office of financial management, shall review current and prospective needs of state agencies for any equipment to process mail throughout state government. If after such consultation, the department should find that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition, then the property shall be transferred or otherwise disposed.

     After making such finding, the department shall direct the transfer of existing state property, facilities, and equipment pertaining to the consolidated mail service or United States postal service. Any dispute concerning the benefits in state governmental economy, efficiency, and effectiveness shall be resolved by the office of financial management.

     NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     Senator Drew moved that the Senate do concur in the House amendment to Substitute Senate Bill No. 5839.

     Debate ensued.

     The President declared the question before the Senate to be the motion by Senator Drew that the Senate do concur in the House amendment to Substitute Senate Bill No. 5839.

     The motion by Senator Drew carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5839.


MOTION


     On motion of Senator Loveland, Senator Wojahn was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5839, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5839, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 42.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart, Smith, L. and Wojahn - 7.

     SUBSTITUTE SENATE BILL NO. 5839, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 12, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5849 with the following amendment(s):

     On page 10, after line 4, strike all of section 12, renumber the remaining sections consecutively and correct internal references accordingly.

     On page 10, line 18, after "through" strike "14" and insert "13", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Rasmussen, the Senate concurred in the House amendments to Substitute Senate Bill No. 5849.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5849, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5849, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Winsley - 41.

     Absent: Senator Quigley - 1.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart, Smith, L. and Wojahn - 7.

     SUBSTITUTE SENATE BILL NO. 5849, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 12, 1993


MR. PRESIDENT:

     The House has passed SENATE BILL NO. 5856 with the following amendment(s):

     On page 1, following line 5 of the enacting clause, strike the remainder of the bill and insert:

     "NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

     Whenever real property owned by the state of Washington and under the jurisdiction of the Washington state patrol is no longer required, it may be sold at fair market value. All proceeds received from the sale of real property, less any real estate broker commissions, shall be deposited into the state patrol highway account: PROVIDED, That if accounts or funds other than the state patrol highway account have contributed to the purchase or improvement of the real property, the office of financial management shall determine the proportional equity of each account or fund in the property and improvements, and shall direct the proceeds to be deposited proportionally therein.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Vognild, the Senate concurred in the House amendment to Senate Bill No. 5856.

     The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5856, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Senate Bill No. 5856, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 6.

     SENATE BILL NO. 5856, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 12, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5858 with the following amendment(s):

     On page 2, line 12, after "A" strike "board of county commissioners" and insert "county legislative authority", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Drew, the Senate concurred in the House amendment to Substitute Senate Bill No. 5858.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5858, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5858, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Absent: Senator Deccio - 1.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 6.

     SUBSTITUTE SENATE BILL NO. 5858, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MESSAGE FROM THE HOUSE


April 12, 1993


MR. PRESIDENT:

     The House has passed SUBSTITUTE SENATE BILL NO. 5876 with the following amendment(s):

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. The legislature finds that ride sharing and vanpools are the fastest growing transportation choice because of their flexibility and cost-effectiveness. Ride sharing and vanpools represent an effective means for local jurisdictions, transit agencies, and the private sector to assist in addressing the requirements of the Commute Trip Reduction Act, the Growth Management Act, the Americans with Disabilities Act, and the Clean Air Act.

     Sec. 2. RCW 82.08.0287 and 1980 c 166 s 1 are each amended to read as follows:

     The tax imposed by this chapter shall not apply to sales of ((vans)) passenger motor vehicles which are to be used ((regularly)) as ride-sharing vehicles, as defined in RCW 46.74.010(3), by not less than ((seven)) five persons, including ((passengers and)) the driver, with a gross vehicle weight not to exceed 10,000 pounds where the primary usage is for commuter ride-sharing, as defined in RCW 46.74.010(1), or passenger motor vehicles where the primary usage is for ride-sharing for the elderly and the handicapped, as defined in RCW 46.74.010(2), if the ride-sharing vehicles are exempt under RCW 82.44.015 for thirty-six consecutive months beginning within thirty days of application for exemption under this section. If used as a ride-sharing vehicle for less than thirty-six consecutive months, the registered owner of one of these vehicles shall notify the department of revenue upon termination of primary use of the vehicle as a ride-sharing vehicle and is liable for the tax imposed by this chapter.

     To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride-sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter 70.94 RCW or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated by a public transportation agency for the general public; or (2) the vehicle must be used by a major employer, as defined in RCW 70.94.524 as an element of its commute trip reduction program for their employees; or (3) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.

     Sec. 3. RCW 82.44.015 and 1982 c 142 s 1 are each amended to read as follows:

     For the purposes of this chapter, in addition to the exclusions under RCW 82.44.010, "motor vehicle" shall not include: (1) ((Vans)) Passenger motor vehicles used ((regularly)) primarily as ride-sharing vehicles, as defined in RCW 46.74.010(3), by not fewer than ((seven)) five persons, including ((passengers and)) the driver, or not fewer than ((five)) four persons including the driver, when at least ((three)) two of those persons are confined to wheelchairs when riding; or (2) vehicles with a seating capacity greater than fifteen persons which otherwise qualify as ride-sharing vehicles under RCW 46.74.010(3) used exclusively for ride sharing for the elderly or the handicapped by not fewer than seven persons, including the driver. This exemption is restricted to passenger motor vehicles with a gross vehicle weight not to exceed 10,000 pounds where the primary usage is for commuter ride-sharing as defined in RCW 46.74.010(1). The registered owner of one of these vehicles shall notify the department of licensing upon termination of ((regular)) primary use of the vehicle as a ride-sharing vehicle and shall be liable for the tax imposed by this chapter, prorated on the remaining months for which the vehicle is licensed.

     To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride-sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter 70.94 RCW or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated by a public transportation agency for the general public; or (2) the vehicle must be used by a major employer, as defined in RCW 70.94.524 as an element of its commute trip reduction program for their employees; or (3) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.

     Sec. 4. RCW 82.12.0282 and 1980 c 166 s 2 are each amended to read as follows:

     The tax imposed by this chapter shall not apply with respect to the use of ((vans)) passenger motor vehicles used ((regularly)) as ride-sharing vehicles, as defined in RCW 46.74.010(3), by not less than ((seven)) five persons, including ((passengers and)) the driver, with a gross vehicle weight not to exceed 10,000 pounds where the primary usage is for commuter ride-sharing, as defined in RCW 46.74.010(1), or passenger motor vehicles where the primary usage is for ride-sharing for the elderly and the handicapped, as defined in RCW 46.74.010(2), if the ((vans)) vehicles are exempt under RCW 82.44.015 for thirty-six consecutive months beginning within thirty days of application for exemption under this section. If used as a ride-sharing vehicle for less than thirty-six consecutive months, the registered owner of one of these vehicles shall notify the department of revenue upon termination of primary use of the vehicle as a ride-sharing vehicle and is liable for the tax imposed by this chapter.

     To qualify for the tax exemption, those passenger motor vehicles with five or six passengers, including the driver, used for commuter ride-sharing, must be operated either within the state's eight largest counties that are required to develop commute trip reduction plans as directed by chapter 70.94 RCW or in other counties, or cities and towns within those counties, that elect to adopt and implement a commute trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated by a public transportation agency for the general public; or (2) the vehicle must be used by a major employer, as defined in RCW 70.94.524 as an element of its commute trip reduction program for their employees; or (3) the vehicle must be owned and operated by individual employees and must be registered either with the employer as part of its commute trip reduction program or with a public transportation agency serving the area where the employees live or work. Individual employee owned and operated motor vehicles will require certification that the vehicle is registered with a major employer or a public transportation agency. Major employers who own and operate motor vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained within their commute trip reduction program.

     Sec. 5. RCW 46.16.023 and 1987 c 175 s 2 are each amended to read as follows:

     (1) Every owner or lessee of a vehicle seeking to apply for an excise tax exemption under RCW 82.08.0287, 82.12.0282, or 82.44.015 shall apply to the director for, and upon satisfactory showing of eligibility, receive in lieu of the regular motor vehicle license plates for that vehicle, special plates of a distinguishing separate numerical series or design, as the director shall prescribe. In addition to paying all other initial fees required by law, each applicant for the special license plates shall pay an additional license fee of twenty-five dollars upon the issuance of such plates. The special fee shall be deposited in the motor vehicle fund. Application for renewal of the license plates shall be as prescribed for the renewal of other vehicle licenses. No renewal is required for vehicles exempted under RCW 46.16.020.

     (2) Whenever the ownership of a vehicle receiving special plates under subsection (1) of this section is transferred or assigned, the plates shall be removed from the motor vehicle, and if another vehicle qualifying for special plates is acquired, the plates shall be transferred to that vehicle for a fee of five dollars, and the director shall be immediately notified of the transfer of the plates. Otherwise the removed plates shall be immediately forwarded to the director to be canceled. Whenever the owner or lessee of a vehicle receiving special plates under subsection (1) of this section is for any reason relieved of the tax-exempt status, the special plates shall immediately be forwarded to the director along with an application for replacement plates and the required fee. Upon receipt the director shall issue the license plates that are otherwise provided by law.

     (3) Any person who knowingly makes any false statement of a material fact in the application for a special plate under subsection (1) of this section is guilty of a gross misdemeanor.

     NEW SECTION. Sec. 6. The department shall adopt by rule a process requiring annual recertification upon renewal for vehicles registered under RCW 46.16.023 to discourage abuse of tax exemptions under RCW 82.08.0287, 82.12.0282, and 82.44.015. The department of licensing in consultation with the department of transportation shall submit a report to the legislative transportation committee and the house and senate standing committees on transportation by July 1, 1996, assessing the effectiveness of the department of licensing at limiting tax exemptions to bona fide ride-sharing vehicles.

     NEW SECTION. Sec. 7. 1987 c 175 s 1 (uncodified) is repealed.", and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


MOTION


     On motion of Senator Vognild, the Senate concurred in the House amendment to Substitute Senate Bill No. 5876.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5876, as amended by the House.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute Senate Bill No. 5876, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 0; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

     Voting nay: Senators Barr and Newhouse - 2.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Rinehart and Smith, L. - 6.

     SUBSTITUTE SENATE BILL NO. 5876, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     At 2:07 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 2:33 p.m. by President Pritchard.

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


SECOND READING


     HOUSE BILL NO. 1800, by Representatives Ogden, Romero, Wang, Veloria, Anderson, Wineberry, Rayburn, R. Meyers, King and J. Kohl (by request of Office of Minority and Women's Business Enterprises)

 

Funding the office of minority and women's business enterprises.


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, House Bill No. 1800 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. 1800.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1800 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 12; Absent, 2; Excused, 5.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Nelson, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 30.

     Voting nay: Senators Amondson, Anderson, Deccio, Erwin, Hochstatter, McDonald, Newhouse, Oke, Prince, Roach, Smith, L. and West - 12.

     Absent: Senators Barr and Cantu - 2.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     HOUSE BILL NO. 1800, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, by House Committee on Commerce and Labor (originally sponsored by Representatives Karahalios, Wood, Leonard and Kessler)

 

Requiring notice about fetal alcohol syndrome.


     The bill was read the second time.


MOTIONS


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

     On page 1, beginning on line 13, after "in" strike all material through "notice" on line 14, and insert "conspicuous places, in a number determined by the board, within each state liquor store, notices"


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

     On page 1, line 14, after "notice" insert "in print not less than one inch high"


MOTIONS


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

     On page 1, beginning on line 14, after "warning" strike all material through "can" on line 15, and insert "persons that consumption of alcohol shortly before conception or during pregnancy may"


     Senator Drew moved that the following amendment by Senators Drew, Skratek, McAuliffe, Fraser and Sheldon be adopted:

     On page 1, beginning on line 11, strike section 2 and insert the following:



     "NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:

     The board shall consider the posting in a conspicuous place within each state liquor store a notice warning that drinking alcohol can cause birth defects, including fetal alcohol syndrome and fetal alcohol effects."

     Debate ensued.


PARLIAMENTARY INQUIRY


     Senator Skratek: "A parliamentary inquiry, Mr. President. The question I have is, if we adopt this amendment, what happens to the previous amendment that we adopted?"


REPLY BY THE PRESIDENT


     President Pritchard: "They are stricken."

     Senator Skratek: "They are stricken?"

     President Pritchard: "Yes."

     Further debate ensued.

     There being no objection, the President deferred further consideration of Engrossed Substitute House Bill No. 2026.


SECOND READING


     HOUSE BILL NO. 2119, by Representatives Dunshee, Lemmon and Wolfe (by request of Office of Financial Management)

 

Abolishing the state professional athletic commission.


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, House Bill No. 2119 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. 2119.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2119 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 5; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 39.

     Voting nay: Senators Deccio, Prince, von Reichbauer, West and Winsley - 5.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     HOUSE BILL NO. 2119, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     HOUSE BILL NO. 2130, by Representatives Locke, Dellwo and Miller (by request of Department of Social and Health Services)

 

Modifying requirements for the acquired human immunodeficiency syndrome insurance program.


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, House Bill No. 2130 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. 2130.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2130 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

     Voting nay: Senators Barr, Prince and Smith, L. - 3.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     HOUSE BILL NO. 2130, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


     There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2026 and the pending amendment by Senators Drew, Skratek, McAuliffe, Fraser and Sheldon on page 1, beginning on line 11, deferred on second reading earlier today.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Drew, Skratek, McAuliffe, Fraser and Sheldon on page 1, beginning on line 11, to Engrossed Substitute House Bill No. 2026.

     Debate ensued.

     The amendment by Senators Drew, Skratek, McAuliffe, Fraser and Sheldon on page 1, beginning on line 11, to Engrossed Substitute House Bill No. 2026 was not adopted.


MOTION


     Senator Wojahn moved that the following amendment by Senators Wojahn, Erwin, Deccio, Moyer, Franklin, Talmadge, Roach, Moore, Rasmussen, Fraser, McDonald, West, Niemi, Prentice, Linda Smith and Pelz be adopted:

     On page 1, after line 16, insert the following:

      "NEW SECTION. Sec. 3. The legislature recognizes that the use of alcohol and other drugs during pregnancy can cause medical, psychological, and social problems for women and infants. The legislature further recognizes that communities are increasingly concerned about this problem and the associated costs to the mothers, infants, and society as a whole. The legislature recognizes that the department of health and other agencies are focusing on primary prevention activities to reduce the use of alcohol or drugs during pregnancy but few efforts have focused on secondary prevention efforts aimed at intervening in the lives of women already involved in the use of alcohol or other drugs during pregnancy. The legislature recognizes that the best way to prevent problems for chemically dependent pregnant women and their resulting children is to engage the women in alcohol or drug treatment. The legislature acknowledges that treatment professionals find pretreatment services to clients to be important in engaging women in alcohol or drug treatment. The legislature further recognizes that pretreatment services should be provided at locations where chemically dependent women are likely to be found, including correctional facilities, public health clinics, and domestic violence or homeless shelters. Therefore the legislature intends to prevent the detrimental effects of alcohol or other drug use to women and their resulting infants by promoting the establishment of local programs to help facilitate a woman's entry into alcohol or other drug treatment. These programs shall provide secondary prevention services and provision of opportunities for immediate treatment so that women who seek help are welcomed rather than ostracized.

      NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of alcohol use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued and impairment of health or disruption of social or economic functioning.

      (2) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

      (3) "Assessment" means an interview with an individual to determine if he or she is chemically dependent and in need of referral to an approved treatment program.

      (4) "Chemically dependent individual" means someone suffering from alcoholism or drug addiction, or dependence on alcohol or one or more other psychoactive chemicals.

      (5) "Department" means the department of social and health services.

      (6) "Domestic violence" is a categorization of offenses, as defined in RCW 10.99.020, committed by one family or household member against another.

      (7) "Domestic violence program" means a shelter or other program which provides services to victims of domestic violence.

      (8) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruptions of social or economic functioning.

      (9) "Family or household members" means a family or household member as defined in RCW 10.99.020.

      (10) "Pretreatment" means the period of time prior to an individual's enrollment in alcohol or drug treatment.

      (11) "Pretreatment services" means activities taking place prior to treatment that include identification of individuals using alcohol or drugs, education, assessment of their use, evaluation of need for treatment, referral to an approved treatment program, and advocacy on a client's behalf with social service agencies or others to ensure and coordinate a client's entry into treatment.

      (12) "Primary prevention" means providing information about the effects of alcohol or drug use to individuals so they will avoid using these substances.

      (13) "Secondary prevention" means identifying and obtaining an assessment on individuals using alcohol or other drugs for referral to treatment when indicated.

      (14) "Secretary" means the secretary of the department of social and health services.

      (15) "Treatment" means the broad range of emergency detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, that may be extended to chemically dependent individuals and their families.

      (16) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of chemically dependent individuals.

      NEW SECTION. Sec. 5. The secretary shall develop and promote state-wide secondary prevention strategies designed to increase the use of alcohol and drug treatment services by women of child-bearing age, before, during, and immediately after pregnancy. These efforts are conducted through the division of alcohol and substance abuse. The secretary shall:

      (1) Promote development of four pilot demonstration projects in the state to be called pretreatment projects for women of child bearing age. Two of the pilot projects are in urban areas and two are in rural areas.

      (2) Ensure that two of the projects are located in public health department clinics that provide maternity services, one is located in a county correctional facility, and one is located with a domestic violence program.

      (3) Hire four certified chemical dependency counselors to work as substance abuse educators in each of the four demonstration projects. The counselors may rotate between more than one clinic, correctional facility, or domestic violence program. The counselor for the domestic violence program shall also be trained in domestic violence issues.

      (4) Ensure that the duties and activities of the certified chemical dependency counselors include, at a minimum, the following:

      (a) Identifying substance-using pregnant women in the health clinics, correctional facilities, and domestic violence programs;

      (b) Educating the women and agency staff on the effects of alcohol or drugs on health, pregnancy, and unborn children;

      (c) Determining the extent of the women's substance use;

      (d) Evaluating the women's need for treatment;

      (e) Making referrals for chemical dependency treatment if indicated;

      (f) Facilitating the women's entry into treatment; and

      (g) Advocating on the client's behalf with other social service agencies or others to ensure and coordinate clients into treatment.

      (5) Ensure that administrative costs of the department are limited to ten percent of the funds appropriated for the project.

      NEW SECTION. Sec. 6. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of social and health services for the purposes of sections 2 through 5 of this act.

      NEW SECTION. Sec. 7. Sections 4 and 5 of this act are each added to Title 70 RCW."

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the amendment by Senators Wojahn, Erwin, Deccio, Moyer, Franklin, Talmadge, Roach, Moore, Rasmussen, Fraser, McDonald, West, Niemi, Prentice, Linda Smith and Pelz on page 1, after line 16, to Engrossed Substitute House Bill No. 2026.

     The amendment by Senators Wojahn, Erwin, Deccio, Moyer, Franklin, Talmadge, Roach, Moore, Rasmussen, Fraser, McDonald, West, Niemi, Prentice, Linda Smith and Pelz on page 1, after line 16, to Engrossed Substitute House Bill No. 2026 was adopted.


MOTIONS


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

     On page 1, line 2 of the title, after "66.08 RCW;" strike the remainder of the title and insert "adding new sections to Title 70 RCW; creating new sections; and making an appropriation."


     On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 2026, 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. 2026, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2026, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Voting nay: Senator Pelz - 1.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 2026, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     ENGROSSED HOUSE BILL NO. 1228, by Representatives Jones, Miller, Riley, Vance, Kessler, Basich, Karahalios and Leonard

 

Allowing information exchange of all agencies, including schools, with youth in their care.


     The bill was read the second time.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Engrossed House Bill No. 1228 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. 1228.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1228 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     ENGROSSED HOUSE BILL NO. 1228, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     HOUSE BILL NO. 1751, by Representatives Anderson and Reams

 

Modifying compensation of forest practices board members.


     The bill was read the second time.


MOTION


     On motion of Senator Owen, the rules were suspended, House Bill No. 1751 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. 1751.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1751 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 5; Absent, 0; Excused, 5.

     Voting yea: Senators Anderson, Barr, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators Amondson, Cantu, Roach, Smith, L. and von Reichbauer - 5.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     HOUSE BILL NO. 1751, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     On motion of Senator Loveland, Senator Pelz was excused.


SECOND READING


     HOUSE BILL NO. 1769, by Representatives Linville, R. Johnson, Dunshee, Wolfe, Pruitt, Rust, Karahalios, Stevens, Schoesler, Jacobsen, Basich and J. Kohl

 

Expanding the authority of the interagency committee for outdoor recreation regarding recreational trails.




     The bill was read the second time.


MOTION


     On motion of Senator Fraser, the rules were suspended, House Bill No. 1769 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. 1769.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1769 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 3; Absent, 0; Excused, 6.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

     Voting nay: Senators Rasmussen, M., Roach and Smith, L. - 3.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi, Pelz and Rinehart - 6.

     HOUSE BILL NO. 1769, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1817, by House Committee on Corrections (originally sponsored by Representatives L. Johnson, Morris, Long, Edmondson, Valle, Rayburn, Karahalios, Riley, Springer, Campbell and Cothern)

 

Directing the department of corrections to review the offender health care system.


     The bill was read the second time.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1817 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Loveland: "Senator Smith, does this require county government to pay for jail inmate costs for their medical care?"

     Senator Adam Smith: "No."

     Senator Loveland: "Thank you."

     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. 1817.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1817 and the bill passed the Senate by the following vote:

Yeas, 42; Nays, 2; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Voting nay: Senators Haugen and Sellar - 2.

     Excused: Senators Bluechel, McCaslin, Moyer, Niemi and Rinehart - 5.

     SUBSTITUTE HOUSE BILL NO. 1817, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     On motion of Senator Oke, Senator Amondson was excused.


SECOND READING


     HOUSE BILL NO. 1991, by Representatives Flemming, Leonard, Karahalios, Kessler, Eide, J. Kohl, Riley, Dunshee, G. Cole, Veloria, Roland, Patterson, Wolfe, Wang, Johanson, H. Myers, Carlson, Dyer, L. Johnson, Jones, Quall, Rayburn, Springer, Holm and Ogden


     Authorizing the home health visitor program to address child abuse and neglect.


     The bill was read the second time.


MOTION


     On motion of Senator Talmadge, the rules were suspended, House Bill No. 1991 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. 1991.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1991 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 5; Absent, 0; Excused, 6.

     Voting yea: Senators Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

     Voting nay: Senators Anderson, Barr, Cantu, Hochstatter and Smith, L. - 5.

     Excused: Senators Amondson, Bluechel, McCaslin, Moyer, Niemi and Rinehart - 6.

     HOUSE BILL NO. 1991, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


MOTION


     On motion of Senator Loveland, Senator Franklin was excused.


SECOND READING


     HOUSE JOINT MEMORIAL NO. 4005, by Representatives Basich, Linville, Kessler, Riley, Romero, Orr, Brumsickle, Chappell, Leonard, Quall, Jacobsen, Ballard, Dunshee, Miller, Heavey, Sheldon, Anderson, Eide, Bray, Lemmon, G. Cole, Kremen, Vance, Wineberry, Pruitt, Sheahan, Campbell, King, Cothern, Flemming, Johanson, Padden, Schoesler, J. Kohl and Lisk

 

Asking the White House to condemn rape and ethnic cleansing in Bosnia and create a war crimes tribunal.


     The joint memorial was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, House Joint Memorial No. 4005 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4005.


ROLL CALL


     The Secretary called the roll on the final passage of House Joint Memorial No. 4005 and the joint memorial passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Excused: Senators Amondson, Bluechel, Franklin, McCaslin, Moyer, Niemi and Rinehart - 7.

     HOUSE JOINT MEMORIAL NO. 4005, having received the constitutional majority, was declared passed.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1792, by House Committee on State Government (originally sponsored by Representatives Zellinsky, Schmidt, King and Ballasiotes) (by request of Secretary of State)

 

Providing state flags and mementos for certain official purposes.


     The bill was read the second time.


MOTIONS


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

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 1.20.010 and 1967 ex.s. c 65 s 2 are each amended to read as follows:

      (1) The official flag of the state of Washington shall be of dark green silk or bunting and shall bear in its center ((a)) an embroidered, printed, painted, or stamped reproduction of the seal of the state of Washington ((embroidered, printed, painted or stamped thereon)). The edges of the flag may((, or may not,)) be fringed. If a fringe is used ((the same)), it shall be ((of)) a gold or yellow color of the same shade as the seal. The dimensions of the flag may vary.

      (2) The secretary of state is authorized, in his or her discretion, to provide the state flag without charge:

      (a) To units of the armed forces((, without charge therefor, as in his discretion he deems entitled thereto));

      (b) In memory of a state employee killed in the performance of his or her duties for the state;

      (c) In memory of a current or former elected or appointed state official upon the death of that person; or

      (d) To a citizen who has performed outstanding service for the benefit of the state.

      The secretary of state is further authorized to sell the state flag to any citizen at a price to be determined by the secretary of state.

      (3) The secretary of state is authorized to accept or request grants or gifts from citizens and other private sources to be used to defray the cost of appropriate hosting of visiting state, national, and international guests, including gift-giving and reciprocal gift-giving on behalf of the state of Washington. The office shall maintain a bank account into which it shall deposit all money received under this subsection. This money together with any interest which accrues shall not constitute public funds, shall be kept segregated and apart from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88 RCW. The secretary of state shall submit an annual accounting of all receipts, accruals, and expenditures to the state auditor within thirty days of the close of each fiscal year."


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

     On page 1, line 1 of the title, after "remembrances;" strike the remainder of the title and insert "and amending RCW 1.20.010."


MOTION


     On motion of Senator Jesernig, the rules were suspended, Substitute House Bill No. 1792, 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.


PARLIAMENTARY INQUIRY


     Senator Talmadge: "A point of parliamentary inquiry, Mr. President. Insofar as this appears to be an amendment to the provisions of Initiative 134, does this bill require a super majority in order to be adopted?"

     At 4:45 p.m., there being no objection, the President declared the Senate to be at ease.


     The Senate was called to order at 4:49 p.m. by President Pritchard.


RULING BY THE PRESIDENT


     President Pritchard: "In responding to the question raised by Senator Talmadge, the Chair agrees that it takes a two-thirds vote for this measure to pass on final passage."

     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. 1792, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1792, as amended by the Senate, and the bill failed to receive a two-thirds majority by the following vote: Yeas, 19; Nays, 23; Absent, 0; Excused, 7.

     Voting yea: Senators Bauer, Deccio, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Nelson, Newhouse, Owen, Pelz, Prentice, Prince, Rasmussen, M., Roach, Sheldon, Snyder, Williams and Winsley - 19.

     Voting nay: Senators Anderson, Barr, Cantu, Drew, Erwin, Hochstatter, Jesernig, Loveland, McDonald, Moore, Oke, Quigley, Sellar, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Wojahn - 23.

     Excused: Senators Amondson, Bluechel, Franklin, McCaslin, Moyer, Niemi and Rinehart - 7.

     SUBSTITUTE HOUSE BILL NO. 1792, as amended by the Senate, having failed to receive the two-thirds constitutional majority, was declared lost.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Leonard, Karahalios and Johanson)

 

Adopting the uniform interstate family support act.


     The bill was read the second time.


MOTION


     Senator Adam Smith moved that the following Committee on Law and Justice amendment not be adopted:

     Strike everything after the enacting clause and insert the following:


"ARTICLE 1 GENERAL PROVISIONS


      NEW SECTION. Sec. 101. DEFINITIONS. In this chapter:

      (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

      (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

      (3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

      (4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

      (5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

      (6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by chapter 6.27 RCW, to withhold support from the income of the obligor.

      (7) "Initiating state" means a state in which a proceeding under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act is filed for forwarding to a responding state.

      (8) "Initiating tribunal" means the authorized tribunal in an initiating state.

      (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

      (10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

      (11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

      (12) "Obligee" means:

      (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

      (b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

      (c) An individual seeking a judgment determining parentage of the individual's child.

      (13) "Obligor" means an individual, or the estate of a decedent:

      (a) Who owes or is alleged to owe a duty of support;

      (b) Who is alleged but has not been adjudicated to be a parent of a child; or

      (c) Who is liable under a support order.

      (14) "Register" means to record or file in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically, a support order or judgment determining parentage.

      (15) "Registering tribunal" means a tribunal in which a support order is registered.

      (16) "Responding state" means a state to which a proceeding is forwarded under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

      (17) "Responding tribunal" means the authorized tribunal in a responding state.

      (18) "Spousal support order" means a support order for a spouse or former spouse of the obligor.

      (19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.

      (20) "Support enforcement agency" means a public official or agency authorized to seek:

      (a) Enforcement of support orders or laws relating to the duty of support;

      (b) Establishment or modification of child support;

      (c) Determination of parentage; or

      (d) Location of obligors or their assets.

      (21) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorneys' fees, and other relief.

      (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

      NEW SECTION. Sec. 102. TRIBUNAL OF THIS STATE. The superior court is the state tribunal for judicial proceedings and the department of social and health services office of support enforcement is the state tribunal for administrative proceedings.

      NEW SECTION. Sec. 103. REMEDIES CUMULATIVE. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.


ARTICLE 2 JURISDICTION


PART A EXTENDED PERSONAL JURISDICTION


      NEW SECTION. Sec. 201. BASES FOR JURISDICTION OVER NONRESIDENT. In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

      (1) The individual is personally served with summons within this state;

      (2) The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

      (3) The individual resided with the child in this state;

      (4) The individual resided in this state and provided prenatal expenses or support for the child;

      (5) The child resides in this state as a result of the acts or directives of the individual;

      (6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or

      (7) There is any other basis consistent with the Constitutions of this state and the United States for the exercise of personal jurisdiction.

      A tribunal may not exercise personal jurisdiction over a nonresident as provided in this section for the purpose of establishing, enforcing, or modifying a support order for postsecondary educational support of a child eighteen years of age or over.

      NEW SECTION. Sec. 202. PROCEDURE WHEN EXERCISING JURISDICTION OVER NONRESIDENT. A tribunal of this state exercising personal jurisdiction over a nonresident under section 201 of this act may apply section 316 of this act to receive evidence from another state, and section 318 of this act to obtain discovery through a tribunal of another state. In all other respects, Articles 3 through 7 of this act do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter.


PART B PROCEEDINGS INVOLVING TWO OR MORE STATES


      NEW SECTION. Sec. 203. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. However, a tribunal of this state may not serve as an initiating or responding tribunal for purposes of establishing, enforcing, or modifying a support order for postsecondary educational support of a child eighteen years of age or over.

      NEW SECTION. Sec. 204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

      (a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

      (b) The contesting party timely challenges the exercise of jurisdiction in the other state; and

      (c) If relevant, this state is the home state of the child.

      (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

      (a) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

      (b) The contesting party timely challenges the exercise of jurisdiction in this state; and

      (c) If relevant, the other state is the home state of the child.

      NEW SECTION. Sec. 205. CONTINUING, EXCLUSIVE JURISDICTION. (1) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order:

      (a) As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

      (b) Until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

      (2) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter.

      (3) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

      (a) Enforce the order that was modified as to amounts accruing before the modification;

      (b) Enforce nonmodifiable aspects of that order; and

      (c) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

      (4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state that has issued a child support order pursuant to a law substantially similar to this chapter.

      (5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

      (6) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

      NEW SECTION. Sec. 206. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION. (1) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

      (2) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 316 of this act to receive evidence from another state and section 318 of this act to obtain discovery through a tribunal of another state.

      (3) A tribunal of this state that lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.


PART C RECONCILIATION WITH ORDERS OF OTHER STATES


      NEW SECTION. Sec. 207. RECOGNITION OF CHILD SUPPORT ORDERS. (1) If a proceeding is brought under this chapter, and one or more child support orders have been issued in this or another state with regard to an obligor and a child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

      (a) If only one tribunal has issued a child support order, the order of that tribunal must be recognized.

      (b) If two or more tribunals have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal must be recognized.

      (c) If two or more tribunals have issued child support orders for the same obligor and child, and more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized.

      (d) If two or more tribunals have issued child support orders for the same obligor and child, and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may issue a child support order, which must be recognized.

      (2) The tribunal that has issued an order recognized under subsection (1) of this section is the tribunal having continuing, exclusive jurisdiction.

      NEW SECTION. Sec. 208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

      NEW SECTION. Sec. 209. CREDIT FOR PAYMENTS. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.


ARTICLE 3 CIVIL PROVISIONS OF GENERAL APPLICATION


      NEW SECTION. Sec. 301. PROCEEDINGS UNDER THIS CHAPTER. (1) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.

      (2) This chapter provides for the following proceedings:

      (a) Establishment of an order for spousal support or child support pursuant to Article 4 of this act;

      (b) Enforcement of a support order and income-withholding order of another state without registration pursuant to Article 5 of this act;

      (c) Registration of an order for spousal support or child support of another state for enforcement pursuant to Article 6 of this act;

      (d) Modification of an order for child support or spousal support issued by a tribunal of this state pursuant to Article 2, Part B of this act;

      (e) Registration of an order for child support of another state for modification pursuant to Article 6 of this act;

      (f) Determination of parentage pursuant to Article 7 of this act; and

      (g) Assertion of jurisdiction over nonresidents pursuant to Article 2, Part A of this act.

      (3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

      NEW SECTION. Sec. 302. ACTION BY MINOR PARENT. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

      NEW SECTION. Sec. 303. APPLICATION OF LAW OF THIS STATE. Except as otherwise provided by this chapter, a responding tribunal of this state:

      (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

      (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state except a responding tribunal of this state shall not establish, enforce, or modify a support order for postsecondary educational support of a child eighteen years of age or over.

      NEW SECTION. Sec. 304. DUTIES OF INITIATING TRIBUNAL. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

      (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or

      (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

      NEW SECTION. Sec. 305. DUTIES AND POWERS OF RESPONDING TRIBUNAL. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 301(3) of this act, it shall cause the petition or pleading to be filed and notify the petitioner by first class mail where and when it was filed.

      (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

      (a) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;

      (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

      (c) Order income withholding;

      (d) Determine the amount of any arrearages, and specify a method of payment;

      (e) Enforce orders by civil or criminal contempt, or both;

      (f) Set aside property for satisfaction of the support order;

      (g) Place liens and order execution on the obligor's property;

      (h) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;

      (i) Issue a bench warrant or writ of arrest for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant or writ of arrest in any local and state computer systems for criminal warrants;

      (j) Order the obligor to seek appropriate employment by specified methods;

      (k) Award reasonable attorneys' fees and other fees and costs; and

      (l) Grant any other available remedy.

      (3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

      (4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation. A responding tribunal of this state may not establish, enforce, or modify a support order for postsecondary educational support of a child eighteen years of age or over.

      (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by first class mail to the petitioner and the respondent and to the initiating tribunal, if any.

      NEW SECTION. Sec. 306. INAPPROPRIATE TRIBUNAL. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by first class mail where and when the pleading was sent.

      NEW SECTION. Sec. 307. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

      (2) A support enforcement agency that is providing services to the petitioner as appropriate shall:

      (a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

      (b) Request an appropriate tribunal to set a date, time, and place for a hearing;

      (c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

      (d) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice by first class mail to the petitioner;

      (e) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first class mail to the petitioner; and

      (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

      (3) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

      NEW SECTION. Sec. 308. DUTY OF ATTORNEY GENERAL. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

      NEW SECTION. Sec. 309. PRIVATE COUNSEL. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

      NEW SECTION. Sec. 310. DUTIES OF STATE INFORMATION AGENCY. (1) The department of social and health services office of support enforcement is the state information agency under this chapter.

      (2) The state information agency shall:

      (a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

      (b) Maintain a register of tribunals and support enforcement agencies received from other states;

      (c) Forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

      (d) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

      NEW SECTION. Sec. 311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under section 312 of this act, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for



whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

      (2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

      NEW SECTION. Sec. 312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter.

      NEW SECTION. Sec. 313. COSTS AND FEES. (1) The petitioner may not be required to pay a filing fee or other costs.

      (2) If an obligee prevails in a support enforcement proceeding, a responding tribunal may assess against an obligor filing fees, reasonable attorneys' fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal in a support enforcement proceeding may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by RCW 4.84.080, civil rule 11 or, if the obligee or the support enforcement agency has acted in bad faith.

      (3) A responding tribunal may assess filing fees, reasonable attorneys' fees, and other costs to either party, and necessary travel and other reasonable costs incurred by the obligee and the obligee's witnesses to the obligee, in a proceeding to establish or modify support. Assessments under this section shall be made in accordance with RCW 4.84.080 and 26.09.140 and civil rule 11.

      (4) Attorneys' fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

      (5) The tribunal shall order the payment of costs and reasonable attorneys' fees if it determines that a hearing was requested primarily for delay.

      NEW SECTION. Sec. 314. LIMITED IMMUNITY OF PETITIONER. (1) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

      (2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

      (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.

      NEW SECTION. Sec. 315. NONPARENTAGE AS DEFENSE. A party whose parentage of a child has been previously determined by order of a tribunal may not plead nonparentage as a defense to a proceeding under this chapter.

      NEW SECTION. Sec. 316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (1) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.

      (2) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.

      (3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

      (4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

      (5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

      (6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

       (7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

      (8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

      (9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

      NEW SECTION. Sec. 317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state.

      NEW SECTION. Sec. 318. ASSISTANCE WITH DISCOVERY. A tribunal of this state may:

      (1) Request a tribunal of another state to assist in obtaining discovery; and

      (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.

      NEW SECTION. Sec. 319. RECEIPT AND DISBURSEMENT OF PAYMENTS. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.




ARTICLE 4 ESTABLISHMENT OF SUPPORT ORDER


      NEW SECTION. Sec. 401. PETITION TO ESTABLISH SUPPORT ORDER. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

      (a) The individual seeking the order resides in another state; or

      (b) The support enforcement agency seeking the order is located in another state.

      (2) The tribunal may issue a temporary child support order if:

      (a) The respondent has signed a verified statement acknowledging parentage;

      (b) The respondent has been determined by order of a tribunal to be the parent; or

      (c) There is other clear, cogent, and convincing evidence that the respondent is the child's parent.

      (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 305 of this act.

      (4) A responding tribunal of this state may not establish, enforce, or modify a support order for postsecondary educational support of a child eighteen years of age or over.


ARTICLE 5 DIRECT ENFORCEMENT OF ORDER OF

ANOTHER STATE WITHOUT REGISTRATION


      NEW SECTION. Sec. 501. RECOGNITION OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE. (1) An income-withholding order issued in another state may be sent by first class mail to the person or entity defined as the obligor's employer under chapter 6.27 RCW without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Upon receipt of the order, the employer shall:

      (a) Treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state;

      (b) Immediately provide a copy of the order to the obligor; and

      (c) Distribute the funds as directed in the income-withholding order.

      (2) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state. Section 604 of this act applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:

      (a) The person or agency designated to receive payments in the income-withholding order; or

      (b) If no person or agency is designated, the obligee.

      NEW SECTION. Sec. 502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

      (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. The support enforcement agency may not attempt to enforce a support order for postsecondary educational support of a child eighteen years of age or over. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.


ARTICLE 6 ENFORCEMENT AND MODIFICATION OF

SUPPORT ORDER AFTER REGISTRATION


PART A REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER


      NEW SECTION. Sec. 601. REGISTRATION OF ORDER FOR ENFORCEMENT. A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

      NEW SECTION. Sec. 602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (1) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the superior court of any county in this state where the obligor resides, works, or has property:

      (a) A letter of transmittal to the tribunal requesting registration and enforcement;

      (b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

      (c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

      (d) The name of the obligor and, if known:

      (i) The obligor's address and social security number;

      (ii) The name and address of the obligor's employer and any other source of income of the obligor; and

      (iii) A description and the location of property of the obligor in this state not exempt from execution; and

      (e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

      (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

       (3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

      NEW SECTION. Sec. 603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

      (2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state except a tribunal of this state shall not establish, enforce, or modify a support order for postsecondary educational support of a child eighteen years of age or over.

      (3) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

      NEW SECTION. Sec. 604. CHOICE OF LAW. (1) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

      (2) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.


PART B CONTEST OF VALIDITY OR ENFORCEMENT


      NEW SECTION. Sec. 605. NOTICE OF REGISTRATION OF ORDER. (1) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

      (2) The notice must inform the nonregistering party:

       (a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

      (b) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after the date of receipt by certified or registered mail or personal service of the notice given to a nonregistering party within the state and within sixty days after the date of receipt by certified or registered mail or personal service of the notice on a nonregistering party outside of the state;

      (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

      (d) Of the amount of any alleged arrearages.

      (3) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state.

      NEW SECTION. Sec. 606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED ORDER. (1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty days after the date of receipt of certified or registered mail or the date of personal service of notice of the registration on the nonmoving party within this state, or, within sixty days after the receipt of certified or registered mail or personal service of the notice on the nonmoving party outside of the state. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 607 of this act.

      (2) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

      (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first class mail of the date, time, and place of the hearing.

      NEW SECTION. Sec. 607. CONTEST OF REGISTRATION OR ENFORCEMENT. (1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

      (a) The issuing tribunal lacked personal jurisdiction over the contesting party;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended, or modified by a later order;

      (d) The issuing tribunal has stayed the order pending appeal;

      (e) There is a defense under the law of this state to the remedy sought;

      (f) Full or partial payment has been made; or

      (g) The statute of limitation under section 604 of this act precludes enforcement of some or all of the arrearages.

      (2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

      (3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

      NEW SECTION. Sec. 608. CONFIRMED ORDER. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.


PART C REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER


      NEW SECTION. Sec. 609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Part A of this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

      NEW SECTION. Sec. 610. EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of section 611 of this act have been met.

      NEW SECTION. Sec. 611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that:

      (a) The following requirements are met:

      (i) The child, the individual obligee, and the obligor do not reside in the issuing state;

      (ii) A petitioner who is a nonresident of this state seeks modification; and

      (iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

      (b) An individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order.

      (2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

      (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. A tribunal of this state may not modify a support order for postsecondary educational support of a child eighteen years of age or over.

      (4) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

      (5) Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.

      NEW SECTION. Sec. 612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state that assumed jurisdiction pursuant to a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall:

      (1) Enforce the order that was modified only as to amounts accruing before the modification;

      (2) Enforce only nonmodifiable aspects of that order;

      (3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and

      (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement except a tribunal of this state shall not establish, enforce, or modify a support order for postsecondary educational support of a child eighteen years of age or over.


ARTICLE 7 DETERMINATION OF PARENTAGE


      NEW SECTION. Sec. 701. PROCEEDING TO DETERMINE PARENTAGE. (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

      (2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Uniform Parentage Act, chapter 26.26 RCW, procedural and substantive law of this state, and the rules of this state on choice of law.


ARTICLE 8 INTERSTATE RENDITION


      NEW SECTION. Sec. 801. GROUNDS FOR RENDITION. (1) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

      (2) The governor of this state may:

      (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

      (b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

      (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from the demanding state.

      NEW SECTION. Sec. 802. CONDITIONS OF RENDITION. (1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

      (2) If, under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

      (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.


ARTICLE 9 MISCELLANEOUS PROVISIONS


      NEW SECTION. Sec. 901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

      NEW SECTION. Sec. 902. SHORT TITLE. This chapter may be cited as the Uniform Interstate Family Support Act.

      NEW SECTION. Sec. 903. SEVERABILITY CLAUSE. 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. 904. REPEALS. The following acts or parts of acts are each repealed:

      (1) RCW 26.21.010 and 1972 ex.s. c 31 s 1, 1963 c 45 s 1, & 1951 c 196 s 2;

      (2) RCW 26.21.020 and 1951 c 196 s 3;

      (3) RCW 26.21.030 and 1963 c 45 s 2 & 1951 c 196 s 4;

      (4) RCW 26.21.040 and 1963 c 45 s 3 & 1951 c 196 s 5;

      (5) RCW 26.21.050 and 1971 ex.s. c 46 s 30, 1963 c 45 s 4, & 1951 c 196 s 6;

      (6) RCW 26.21.060 and 1963 c 45 s 5 & 1951 c 196 s 7;

      (7) RCW 26.21.070 and 1963 c 45 s 6 & 1951 c 196 s 8;

      (8) RCW 26.21.080 and 1963 c 45 s 7 & 1951 c 196 s 9;

      (9) RCW 26.21.090 and 1963 c 45 s 8 & 1951 c 196 s 10;

      (10) RCW 26.21.092 and 1963 c 45 s 9;

      (11) RCW 26.21.094 and 1963 c 45 s 10;

      (12) RCW 26.21.100 and 1963 c 45 s 11 & 1951 c 196 s 11;

      (13) RCW 26.21.102 and 1963 c 45 s 12;

      (14) RCW 26.21.104 and 1963 c 45 s 13;

      (15) RCW 26.21.106 and 1963 c 45 s 14;

      (16) RCW 26.21.110 and 1963 c 45 s 15 & 1951 c 196 s 12;

      (17) RCW 26.21.112 and 1963 c 45 s 16;

      (18) RCW 26.21.114 and 1963 c 45 s 17;

      (19) RCW 26.21.116 and 1963 c 45 s 18;

      (20) RCW 26.21.120 and 1963 c 45 s 19 & 1951 c 196 s 13;

      (21) RCW 26.21.130 and 1963 c 45 s 20 & 1951 c 196 s 14;

      (22) RCW 26.21.140 and 1987 c 435 s 24, 1963 c 45 s 21, & 1951 c 196 s 15;

      (23) RCW 26.21.150 and 1987 c 435 s 25, 1963 c 45 s 22, & 1951 c 196 s 16;

      (24) RCW 26.21.160 and 1987 c 435 s 26, 1963 c 45 s 23, & 1951 c 196 s 17;

      (25) RCW 26.21.170 and 1963 c 45 s 24 & 1951 c 196 s 18;

      (26) RCW 26.21.180 and 1963 c 45 s 25;

      (27) RCW 26.21.190 and 1963 c 45 s 26;

      (28) RCW 26.21.200 and 1963 c 45 s 27;

      (29) RCW 26.21.210 and 1963 c 45 s 28;

      (30) RCW 26.21.220 and 1963 c 45 s 29;

      (31) RCW 26.21.230 and 1991 c 367 s 37 & 1963 c 45 s 30;

      (32) RCW 26.21.240 and 1963 c 45 s 31;

      (33) RCW 26.21.250 and 1963 c 45 s 32;

      (34) RCW 26.21.260 and 1963 c 45 s 33;

      (35) RCW 26.21.270 and 1963 c 45 s 34; and

      (36) RCW 26.21.900 and 1951 c 196 s 1.

      NEW SECTION. Sec. 905. CODIFICATION. Sections 101 through 903 of this act are each added to chapter 26.21 RCW.

      NEW SECTION. Sec. 906. CAPTIONS, PART HEADINGS, AND ARTICLE DESIGNATIONS NOT LAW. Captions, part headings, and article designations as used in this act constitute no part of the law.

      NEW SECTION. Sec. 907. EFFECTIVE DATE. This act shall take effect July 1, 1994."


MOTION


     Senator Newhouse moved that the Committee on Law and Justice striking amendment be adopted.

     The President declared the question before the Senate to be the positive motion by Senator Newhouse to adopt the Committee on Law and Justice striking amendment to Substitute House Bill No. 1560.

     The Committee on Law and Justice striking amendment to Substitute House Bill No. 1560 was not adopted.


MOTION


     On motion of Senator Adam Smith, 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.

     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 passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.

     Voting yea: Senators Anderson, Barr, Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.

     Voting nay: Senator Deccio - 1.

     Excused: Senators Amondson, Bluechel, McCaslin, Moyer, Niemi and Rinehart - 6.

     SUBSTITUTE HOUSE BILL NO. 1560, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


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


MESSAGES FROM THE HOUSE


April 17, 1993


MR. PRESIDENT:

     The House has passed SENATE BILL NO. 5371, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk



April 17, 1993


MR. PRESIDENT:

     The House has passed:

     SENATE BILL NO. 5343,

     SENATE BILL NO. 5791, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 18, 1993


MR. PRESIDENT:

     The House has passed HOUSE CONCURRENT RESOLUTION NO. 4420, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk


SIGNED BY THE PRESIDENT


     The President signed:

     SENATE BILL NO. 5343,

     SENATE BILL NO. 5371,

     SENATE BILL NO. 5791.


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


INTRODUCTION AND FIRST READING OF HOUSE BILL


 

HCR 4420       by Representative Peery

 

Extending the cutoff date for the 1993 regular session.


MOTIONS


     On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4420 was advanced to second reading and read the second time.

     On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4420 was advanced to third reading and final passage.

     Debate ensued.

     Senator West requested that Senator Gaspard yield to a question, but Senator Gaspard did not yield.

     Senator West requested that Senator Talmadge yield to a question, but Senator Talmadge did not yield.


POINT OF INQUIRY


     Senator West: "Senator Deccio, would you consider that House Bill No. 1552 is still alive?"

     Senator Deccio: "Senator West, all that I can say is that as far as I am concerned, and the understanding that I have is that bill is deader than a doornail."

     The President declared the question before the Senate to the adoption of House Concurrent Resolution No. 4420.

     House Concurrent Resolution No. 4420 was adopted by voice vote.


SIGNED BY THE PRESIDENT


     The President signed:

     SUBSTITUTE SENATE BILL NO. 5035,

     SUBSTITUTE SENATE BILL NO. 5048,

     SUBSTITUTE SENATE BILL NO. 5052,

     SUBSTITUTE SENATE BILL NO. 5075,

     SENATE BILL NO. 5107,

     SECOND SUBSTITUTE SENATE BILL NO. 5237,

     SUBSTITUTE SENATE BILL NO. 5261,

     SUBSTITUTE SENATE BILL NO. 5263,

     SENATE BILL NO. 5349,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5379,

     SENATE BILL NO. 5387,

     SUBSTITUTE SENATE BILL NO. 5402,

     SUBSTITUTE SENATE BILL NO. 5404,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5452.


MOTION


     At 5:17 p.m., on motion of Senator Jesernig, the Senate adjourned until 10:00 a.m., Monday, April 19, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate