(1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.

      (2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.

      (3) Additional benefits shall be paid as follows:

      (a) No new claims for additional benefits shall be accepted for weeks beginning after July ((3)) 1, ((1993)) 1995, but for claims established on or before July ((3)) 1, ((1993)) 1995, weeks of unemployment occurring after July ((3)) 1, ((1993)) 1995, shall be compensated as provided in this section.

      (b) The total additional benefit amount shall be ((fifty-two)) one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than ((one)) two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after ((one)) two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992((, and shall be payable for up to five weeks following the completion of the training required by this section)).

      (c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.

      (d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

      (((d))) (e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits and shall not be charged to the experience rating account of individual employers. The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.

      (f) The amendments in chapter . . ., Laws of 1993 (this act) affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.

      (4) An additional benefit eligibility period is established for any exhaustee who:

      (a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or

      (ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and

      (b)(i) Has received notice of termination or layoff; and

      (ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and

      (c)(i) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

      (ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and

      (d) Does not receive a training allowance or stipend under the provisions of any federal or state law.

      (5) For the purposes of this section:

      (a) "Training program" means:

      (i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or

      (ii) A vocational training program at an educational institution that:

      (A) Is training for a labor demand occupation;

      (B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and

      (C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.

      (b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).

      (c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.

      (6) The commissioner shall adopt rules as necessary to implement this section.

      (7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.

      NEW SECTION. Sec. 11. Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 12. Sections 1 through 9 of this act are 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 June 30, 1993."

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

     On page 1, line 2 of the title, after "1991;" strike the remainder of the title and insert "amending RCW 43.31.611, 43.31.621, 43.31.631, 43.160.200, and 50.22.090; amending 1991 c 314 s 26 (uncodified); amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 33 (uncodified); amending 1991 c 314 s 34 (uncodified); amending 1991 c 315 s 2 (uncodified); providing an effective date; and declaring an emergency."

MOTION

     On motion of Senator Skratek, the rules were suspended, Engrossed Substitute House Bill No. 1529, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTIONS

     On motion of Senator Roach, Senator Sellar was excused.

     On motion of Senator Jesernig, Senator Williams was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1529, as amended by the Senate.

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1529, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.

     Excused: Senators Oke, Sellar and Williams - 3.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529, 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

     SUBSTITUTE HOUSE BILL NO. 1082, by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey, Veloria, G. Cole, Springer, Padden, Valle, Scott, Brough, Jacobsen, Wineberry, Lemmon, Karahalios, Pruitt and Roland)

Combating student alcohol abuse in colleges and universities.

     The bill was read the second time.

MOTIONS

     On motion of Senator Bauer, the following Committee on Higher Education amendment was not adopted:

     On page 2, after line 18, strike all of subsection (5) and insert the following:

     "(5) Chapters shall register all parties with the college or university. In addition, banquet permits shall be obtained from the liquor control board for every party under this subsection. For the purposes of this subsection, "party" includes:

     (a) A minimum of twenty-five guests, the consumption of alcohol, and the scheduling and/or announcing of the event; or

     (b) Organized chapter activities including chapter exchanges, when alcohol is present;"

     On motion of Senator Prince, the following amendment by Senators Prince and Bauer was adopted:

     On page 2, line 21, after "university." insert "A chapter meeting or gathering with only chapter members in attendance shall not be considered a party under this subsection."

MOTION

     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1082, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

     Senator McCaslin: "Senator Bauer, it is a real tragedy that the young lady lost sight of her eye, but I wonder if it was a party or just a gathering of friends or what it was?"

     Senator Bauer: "I really can't answer that actually, Senator McCaslin."

     Senator McCaslin: "The point I'm leading to is what caused the accident is throwing things out of windows. I would assume that universities and colleges have some rule against throwing bottles and so forth out the window and that is what caused the accident. I guess that is what we should be looking at, rather than committee meetings or other meetings in frats and sororities."

     Senator Bauer: "Since some of these frats and sororities are off the campus and really not integrally part of the institution, it has been rather difficult, but I think this bill will help give those institutions a little more opportunity to have an influence over this."

     Senator McCaslin: "Well, I appreciate your response, but hopefully whether they are on campus or off, I'm sure cities and counties have regulations about tossing things out windows. That is basically the problem; it has nothing to do with intercollegiate athletics or frats. Thanks, Al."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1082, as amended by the Senate.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1082, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 45.

     Voting nay: Senator Bluechel - 1.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1082, 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

     SUBSTITUTE HOUSE BILL NO. 1017, by House Committee on Education (originally sponsored by Representatives Forner, Dorn, Brough, Chandler, Brumsickle, Vance, Cooke, Thomas, Long, Reams, Van Luven, Kremen, Tate, Mielke, Miller, Ballard, Basich, Dyer, Sheldon, Wood, Foreman, Ballasiotes, Schoesler, Morton, Stevens, Carlson, Edmondson, Sehlin, Rayburn and Horn)

Concerning the employment of persons with a history of sexual exploitation of children.

     The bill was read the second time.

MOTION

     On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1017 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1017.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1017 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1017, 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. 1978, by House Committee on Local Government (originally sponsored by Representatives J. Kohl, G. Cole, Karahalios, Jacobsen, Dorn, Cothern, Roland, Pruitt, Basich, Miller, Forner, L. Johnson, Vance, Cooke, Rust and Hansen)

Allowing counties to permit public libraries on county land used for park and recreation purposes.

     The bill was read the second time.

MOTION

     On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1978 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. 1978.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1978 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 45.

     Absent: Senator Erwin - 1.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1978, 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. 1784, by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Dellwo, Wang, Brough, Jacobsen, Karahalios, Peery, Talcott, Dorn, Cothern, Ogden, Holm, Pruitt, Jones, Romero, Campbell, Valle, Thibaudeau, King, Ballard, Basich, Quall, Veloria, Linville, Rayburn, Kessler, Orr, Carlson, Johanson, L. Johnson, Leonard, J. Kohl, Lemmon, H. Myers, Hansen, Patterson and Shin)

Allowing retired and disabled school employees to purchase health care insurance from the state health care authority.

     The bill was read the second time.

MOTIONS

     On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

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

     "NEW SECTION. Sec. 19. Section 8 of this act is null and void if Engrossed Second Substitute Senate Bill No. 5304 is enacted into law by July 1, 1993, and contains an amendment to RCW 41.05.055."

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

     On page 1, line 6 of the title, after "RCW;" strike "creating a new section" and insert "creating new sections"

MOTION

     On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1784, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1784, as amended by the Senate.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1784, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1784, 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 SUBSTITUTE HOUSE BILL NO. 1670, by House Committee on Appropriations (originally sponsored by Representatives Sommers, Heavey, Locke, King, Jacobsen, Vance, Wineberry, Mielke, Linville, Lisk, J. Kohl, Wolfe, Basich, Orr, Valle, Veloria, Anderson, G. Cole, Dorn, Jones, R. Fisher, Holm, Ogden and Kremen)

Providing service credit for periods of paid leave.

     The bill was read the second time.

MOTION

     On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 1670 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. 1670.

ROLL CALL

     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1670 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 47.

     Excused: Senators Oke and Williams - 2.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1670, 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. 1631, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Brumsickle, G. Cole, Horn, Wood, Appelwick and Thibaudeau)

Regulating going out of business sales.

     The bill was read the second time.

MOTIONS

     On motion of Senator Moore, the following Labor and Commerce amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locations listed in the notice of the sale or that has a common ownership interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.

      (2) "Going out of business sale" means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business.

      (3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated under this chapter.

      (4) "Moving sale" means a sale or auction advertised or held out to the public in anticipation of a relocation of the business to within a thirty-mile radius of its existing location.

      (5) "Person" means, where applicable, natural persons, corporations, trusts, unincorporated associations, partnerships, or other legal entities.

      NEW SECTION. Sec. 3. (1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter.

      (2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale is being conducted.

      (3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person required by this chapter to record a notice of the sale shall serve a copy of the petition, motion, proposed order, or other pleading requesting court approval of the sale on the attorney general no less than seven days before the date on which an action may be taken related to the conduct of the sale by a court.

      NEW SECTION. Sec. 4. (1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business.

      (2) This chapter does not apply to:

      (a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs;

      (b) Bulk transfers as defined in RCW 62A.6-102; or

      (c) Moving sales, except for section 12(5) of this act.

      (3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are exempt from the requirement that the notice of the sale be recorded at least fourteen days before the beginning date of the sale.

      NEW SECTION. Sec. 5. (1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale.

      (2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice shall set forth, the following facts and information regarding the sale:

      (a) The name, address, telephone number, and Washington state business identification number of the owner of the merchandise to be sold. If the owner is a corporation, trust, unincorporated association, partnership, or other legal entity, the person signing the notice must be an officer of the entity and must identify his or her title;

      (b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of the sale;

      (c) The descriptive name, location or locations, and beginning and ending dates of the sale;

      (d) Whether a person who has an ownership interest in the business or in the merchandise to be sold has conducted a going out of business sale within one year of recording the notice;

      (e) Whether a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business within six months of recording the notice; and

      (f) A statement that:

      (i) The merchandise ordered during the thirty days before recording the notice consists only of bona fide orders made in the usual course of business and does not contain merchandise taken on consignment or otherwise;

      (ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale;

      (iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the notice is recorded or during the sale;

      (iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired an interest in the business or in the merchandise to be sold solely or principally for the purpose of conducting a going out of business sale;

      (v) The business will be discontinued after the ending date of the sale and no merchandise held out for sale will be subsequently offered for sale to the public by anyone who had an ownership interest in the business or in the merchandise offered for sale; and

      (vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the Consumer Protection Act for a violation of this chapter or the type of conduct prohibited by this chapter.

      NEW SECTION. Sec. 6. (1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale.

      (2) If a person elects to make an inventory list:

      (a) The inventory list must identify the merchandise and include the quantity of each item and the price at which each item was offered for sale within one week of recording the notice;

      (b) The inventory list must identify items ordered within thirty days of recording the notice but not yet received by the business;

      (c) The inventory list must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the inventory list is a true and correct inventory of merchandise owned by the business conducting the sale as of the date the affidavit is executed; and

      (d) No item may be offered for sale at a going out of business sale unless the item is included in the inventory list for the sale.

      (3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the thirty days before recording the notice of the sale.

      (4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the inventory list or purchase order compilation must be marked in some form by a notary public to verify its identity as part of the inventory list or purchase order compilation for the going out of business sale.

      (5) A person conducting a going out of business sale shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after the ending date of the sale. The inventory list or purchase order compilation is admissible evidence of compliance or noncompliance with this chapter.

      NEW SECTION. Sec. 7. (1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number.

      (2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person who has either conducted a going out of business sale within one year or established or acquired an interest in the business conducting the sale within six months of recording the notice is presumed to have established or acquired an interest in the business solely or principally for the purpose of conducting a going out of business sale.

      (3) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the Consumer Protection Act for a violation of this chapter or the type of conduct prohibited by this chapter.

      NEW SECTION. Sec. 8. No person may conduct a going out of business sale for more than sixty days from the beginning date of the sale.

      NEW SECTION. Sec. 9. (1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course of business and may contain no merchandise taken on consignment or otherwise.

      (2) No person in contemplation of conducting a going out of business sale may transfer merchandise from an affiliated business or business location to the location or locations of the sale.

      (3) No person, after recording the notice of a going out of business sale, may buy or order merchandise, take merchandise on consignment, or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going out of business sale.

      NEW SECTION. Sec. 10. (1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale.

      (2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the same trade name, or continue to offer for sale the same type of merchandise for a period of one year after the ending date of the sale unless the continuing business location was in operation before recording the notice for the closing business location.

      (3) For the purposes of this section, if a business entity that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or individual is considered the same person as the original entity. If an individual who is prohibited from continuing a business under this section forms a new business entity to continue the business, participate in the business, or profit from the business, that entity is considered the same person as the individual.

      NEW SECTION. Sec. 11. No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same name or under a different name.

      NEW SECTION. Sec. 12. (1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be confined to or refer to the address or addresses and place or places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless the other locations or affiliated businesses are included in the notice.

      (2) Advertising broadcast on radio is not required to refer to the address or addresses of the business specified in the notice as going out of business, but must meet all other conditions of this section.

      (3) No advertising may contain false, misleading, or deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.

      (4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and substantiated.

      (5) A moving sale may not be advertised for more than ninety days and may not occur more than once within a twenty-four month period.

      NEW SECTION. Sec. 13. A person who knowingly violates this chapter or who knowingly gives false or incorrect information in a notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

      NEW SECTION. Sec. 14. The attorney general or the proper prosecuting attorney may institute proceedings under this chapter.

      NEW SECTION. Sec. 15. The state of Washington fully occupies and preempts the entire field of regulating going out of business sales.

      NEW SECTION. Sec. 16. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 19 RCW."

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

     On page 1, line 1 of the title, after "sales;" strike the remainder of the title and insert "adding a new chapter to Title 19 RCW; and prescribing penalties."

MOTION

     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1631, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1631, as amended by the Senate.

ROLL CALL

     The Secretary called the roll on the final passage of Substitute House Bill No. 1631, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 1; Excused, 2.

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

     Voting nay: Senators Anderson, Hargrove, McCaslin and Sellar - 4.

     Absent: Senator Vognild - 1.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1631, 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.

MOTION

     On motion of Senator Spanel, Senator Vognild was excused.

SECOND READING

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1338, by House Committee on Judiciary (originally sponsored by Representatives Thibaudeau, Appelwick, Ballasiotes, H. Myers, Flemming, Dyer, Eide, Cooke, Zellinsky, Johanson, Romero, Forner, Reams, Rust, Schmidt, Riley, Dunshee, Brough, Ogden, J. Kohl, Locke, Anderson, Ludwig, Edmondson, Horn, Heavey, Cothern, R. Johnson, King, Veloria, Rayburn, Bray, Orr, Pruitt, Karahalios, Lemmon, Carlson, Kessler, Wolfe, R. Fisher, Hansen, Jacobsen, Morris, Quall, Franklin, L. Johnson, Leonard, Jones, Valle, G. Cole, Holm, Wang, Grant, Dorn, Sheldon, Sommers, Miller, Finkbeiner, Brown, Scott, Roland, Shin, R. Meyers, Springer, Basich, Campbell, Wood, Long, Wineberry and Dellwo)

Prohibiting interference with access to or from a health care facility.

     The bill was read the second time.

MOTIONS

     On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that seeking or obtaining health care is fundamental to public health and safety.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.

      (2) "Health care provider" has the same meaning as defined in RCW 7.70.020 (1) and (2), and also means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment.

      (3) "Aggrieved" means:

      (a) A person, physically present at the health care facility when the prohibited actions occur, whose access is or is about to be obstructed or impeded;

      (b) A person, physically present at the health care facility when the prohibited actions occur, whose care is or is about to be disrupted;

      (c) The health care facility, its employees, or agents;

      (d) The owner of the health care facility or the building or property upon which the health care facility is located.

      NEW SECTION. Sec. 3. It is unlawful for a person except as otherwise protected by state or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:

      (1) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

      (2) Making noise that unreasonably disturbs the peace within the facility;

      (3) Trespassing on the facility or the common areas of the real property upon which the facility is located;

      (4) Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or

      (5) Threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone under his or her control to be used for such purpose.

      NEW SECTION. Sec. 4. A violation of section 3 of this act is a gross misdemeanor. A person convicted of violating section 3 of this act shall be punished as follows:

      (1) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;

      (2) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and

      (3) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.

      Sec. 5. RCW 10.31.100 and 1988 c 190 s 1 are each amended to read as follows: