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THIRTY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, February 12, 1996

The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Drew, Long, Moyer, Owen, Rasmussen, Swecker and Wood. On motion of Senator Thibaudeau, Senators Drew and Owen were excused. On motion of Senator Anderson, Senators Moyer, Swecker and Wood were excused.

The Sergeant at Arms Color Guard, consisting of Pages Todd Engstrom and Eric Fasenmaier, presented the Colors. Jim Cammac from the Baha'is of Shelton, offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

February 8, 1996

MR. PRESIDENT:

The House has passed:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2221,

ENGROSSED HOUSE BILL NO. 2672,

ENGROSSED HOUSE BILL NO. 2847, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 9, 1996

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2703,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2781,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828,

ENGROSSED HOUSE BILL NO. 2837,

ENGROSSED HOUSE BILL NO. 2838,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2947, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 9, 1996

MR. PRESIDENT:

The House has passed:

SECOND SUBSTITUTE HOUSE BILL NO. 1625,

SECOND SUBSTITUTE HOUSE BILL NO. 1774,

SUBSTITUTE HOUSE BILL NO. 1990,

SUBSTITUTE HOUSE BILL NO. 2162,

SECOND SUBSTITUTE HOUSE BILL NO. 2220,

ENGROSSED HOUSE BILL NO. 2254,

SECOND SUBSTITUTE HOUSE BILL NO. 2292,

SUBSTITUTE HOUSE BILL NO. 2294,

SUBSTITUTE HOUSE BILL NO. 2303,

SECOND SUBSTITUTE HOUSE BILL NO. 2363,

SUBSTITUTE HOUSE BILL NO. 2371, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 9, 1996

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2377,

SUBSTITUTE HOUSE BILL NO. 2397,

SUBSTITUTE HOUSE BILL NO. 2449,

SUBSTITUTE HOUSE BILL NO. 2505,

SUBSTITUTE HOUSE BILL NO. 2513, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 9, 1996

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2164,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217,

SUBSTITUTE HOUSE BILL NO. 2376,

SUBSTITUTE HOUSE BILL NO. 2378,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING

SCR 8429 by Senators Thibaudeau, Quigley, Moyer, Deccio, Winsley, Wood, Franklin, Wojahn, Prentice, Fairley and Kohl

Establishing a joint select committee on oral health care.

Referred to Committee on Health and Long-Term Care.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1625 by House Committee on Government Operations (originally sponsored by Representatives Reams, Brumsickle, Casada, Morris, Hargrove, Buck, Radcliff, Benton, Grant, Talcott, Hymes, Thompson, Elliot and Huff)

Regulating payment of impact fees.

Referred to Committee on Government Operations.

2SHB 1774 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Basich and Honeyford)

Altering appeal procedures for water-related actions of the department of ecology.

Referred to Committee on Ecology and Parks.

SHB 1990 by House Committee on Appropriations (originally sponsored by Representatives Robertson, Chappell and Delvin)

Providing minimum retirement benefits.

Referred to Committee on Ways and Means.

SHB 2162 by House Committee on Government Operations (originally sponsored by Representatives Benton, Kremen, Carlson, Wolfe, Koster, Tokuda, Campbell, Morris, Smith, D. Schmidt, Lambert, Blanton, Elliot, Buck, Mulliken, Goldsmith, Pelesky and Thompson)

Revising the method for determining the order of names on election ballots.

Referred to Committee on Government Operations.

ESHB 2164 by House Committee on Appropriations (originally sponsored by Representatives Benton, Pelesky, Smith, Hargrove and Campbell)

Arming community corrections officers.

Referred to Committee on Human Services and Corrections.

E2SHB 2217 by House Committee on Appropriations (originally sponsored by Representatives Carrell, Mitchell, Thompson, Cooke, Boldt, Backlund and Johnson)

Changing provisions for at-risk youth.

Referred to Committee on Human Services and Corrections.

2SHB 2220 by House Committee on Appropriations (originally sponsored by Representatives Elliot, Schoesler, Hickel, Thompson, McMorris and McMahan)

Providing schools with the flexibility to waive laws, rules, and district policies.

Referred to Committee on Education.

E2SHB 2221 by House Committee on Appropriations (originally sponsored by Representatives Reams, Schoesler, Mastin, Koster, Campbell, Horn, L. Thomas, Sheahan, D. Schmidt, Elliot, Mitchell, Thompson, Stevens, Goldsmith, Backlund, Hargrove and McMahan)

Implementing regulatory reform.

Referred to Committee on Government Operations.

EHB 2254 by Representatives Van Luven, Romero, Backlund, Scott, Foreman, Sheldon, Horn and Benton

Providing special plates and fee exemptions for representatives of foreign organizations.

Referred to Committee on Transportation.

2SHB 2292 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Jacobsen and Murray) (by request of Higher Education Coordinating Board)

Establishing the innovation and quality in higher education program.

Referred to Committee on Higher Education.

SHB 2294 by House Committee on Higher Education (originally sponsored by Representatives Delvin and Carlson) (by request of Higher Education Coordinating Board)

Changing provisions relating to the state educational trust fund.

Referred to Committee on Higher Education.

SHB 2303 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Jacobsen and Mulliken)

Creating a tuition variance pilot program.

Referred to Committee on Higher Education.

2SHB 2363 by House Committee on Appropriations (originally sponsored by Representatives Delvin, Clements, Mastin, Grant and Hankins)

Requiring a project for designs to restore anadromous fish habitat in the Chandler irrigation canal and on state-owned land on Crab creek.

Referred to Committee on Natural Resources.

SHB 2371 by House Committee on Higher Education (originally sponsored by Representatives Blanton, Elliot, Mastin, Goldsmith, Pelesky, Carlson, Cairnes, Hymes, Hankins, Benton, Tokuda, Mason, Scott, McMahan, Quall, Dickerson, Mitchell, Jacobsen, D. Schmidt, Cooke, Hargrove, Conway, Sheldon, Costa, McMorris, Mulliken and Silver)

Suspending the professional licenses for failure to repay student loans.

Referred to Committee on Higher Education.

SHB 2376 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Koster, Johnson, Boldt, McMorris, Thompson and Mulliken)

Recovering gasoline vapors.

Referred to Committee on Ecology and Parks.

SHB 2377 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Chappell, Koster, Schoesler, Johnson, McMorris and Thompson)

Promoting compliance with environmental laws.

Referred to Committee on Ecology and Parks.

SHB 2378 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Schoesler, Dyer, Elliot, Johnson, B. Thomas, Thompson and Mulliken)

Revising regulations concerning reclaimed water.

Referred to Committee on Ecology and Parks.

SHB 2397 by House Committee on Finance (originally sponsored by Representatives Boldt, Sheldon, Kessler, Hatfield, Fuhrman, Buck, Basich and Benton)

Allowing county excise taxation of harvesters of timber on publicly owned land.

Referred to Committee on Ways and Means.

SHB 2449 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Delvin, Foreman, Chandler, Mastin, Honeyford, Clements, Koster, Boldt, Schoesler, Robertson, Silver, Mulliken and Johnson)

Providing for water resource management.

Referred to Committee on Ecology and Parks.

SHB 2505 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Schoesler, Chandler, Mulliken, Sheahan and Boldt)

Lowering the business and occupation taxation of the handling of hay, alfalfa, or seed.

Referred to Committee on Agriculture and Agricultural Trade and Development.

SHB 2513 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Hargrove and McMorris)

Concerning industrial insurance benefits.

Referred to Committee on Labor, Commerce and Trade.

EHB 2672 by Representatives Van Luven, Romero, Sheahan, Tokuda, Schoesler, D. Sommers, Murray and L. Thomas

Prohibiting greyhound racing.

Referred to Committee on Labor, Commerce and Trade.

ESHB 2703 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Clements, Chappell, Chandler, Koster, Lisk, Thompson and Johnson)

Limiting department of labor and industries authority when the department of agriculture has authority to prescribe or enforce occupational safety and health standards.

Referred to Committee on Labor, Commerce and Trade.

ESHB 2781 by House Committee on Appropriations (originally sponsored by Representatives Basich, Regala, Conway, Reams, Grant, Elliot, Quall, Linville, Chandler, Hatfield, D. Sommers, Scheuerman, Stevens, McMahan, Buck, Sheldon, Tokuda, Poulsen, Cole, Chopp, Kessler, Costa, Thompson, D. Schmidt, Robertson and Cooke)

Providing for veterans' preferences.

Referred to Committee on Labor, Commerce and Trade.

ESHB 2828 by House Committee on Appropriations (originally sponsored by Representative Crouse)

Regulating wireless telephone services.

Referred to Committee on Energy, Telecommunications and Utilities.

EHB 2837 by Representatives Dyer, Cody and Murray (by request of Insurance Commissioner Senn)

Modifying the definition of medicare supplemental insurance or medicare supplement insurance policy.

Referred to Committee on Health and Long-Term Care.

EHB 2838 by Representatives Dyer, Cody, Foreman, McMahan, Goldsmith, Huff, Carlson and Robertson

Limiting mediation of health care injury disputes.

Referred to Committee on Health and Long-Term Care.

EHB 2847 by Representatives Horn, Kessler, Buck, Silver, D. Sommers and Mitchell

Prohibiting the department of labor and industries from requiring employers to compensate employees for usual and customary wearing apparel.

Referred to Committee on Labor, Commerce nd Trade.

E2SHB 2909 by House Committee on Appropriations (originally sponsored by Representatives Johnson, Brumsickle, Cole, Talcott, Quall, Radcliff, McMahan, Hymes, Smith, Lambert, Thompson, Hatfield, Stevens, Boldt, Koster, McMorris, Elliot, Silver, Pelesky, Clements, Cooke, Benton, Carrell, Sheldon, Basich, Linville, Skinner, Robertson, Blanton, Huff, Hickel, Goldsmith, Campbell and Casada)

Improving reading literacy.

Referred to Committee on Education.

ESHB 2947 by House Committee on Appropriations (originally sponsored by Representatives Beeksma, Quall, Hymes, Sehlin, Honeyford, L. Thomas and Thompson)

Providing reimbursement for school buses.

Referred to Committee on Education.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Prentice, Gubernatorial Appointment No. 9207, Susan Ringwood, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.

CONFIRMATION OF SUSAN RINGWOOD

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

Voting yea: Senators Anderson, A., Bauer, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.

Absent: Senators Cantu, Long and Rasmussen - 3.

Excused: Senators Drew, Moyer, Owen, Swecker and Wood - 5.

MOTION

On motion of Senator Sutherland, Gubernatorial Appointment No. 9164, Vaughn Lein, as a member of the Columbia River Gorge Bi-State Commission, was confirmed.

MOTIONS

On motion of Senator Thibaudeau, Senator Rasmussen was excused.

On motion of Senator Anderson Senators Cantu and Long were excused.

CONFIRMATION OF VAUGHN LEIN

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

Excused: Senators Cantu, Drew, Long, Moyer, Owen, Rasmussen, Swecker and Wood - 8.

MOTION

On motion of Senator McAuliffe, Gubernatorial Appointment No. 9204, Representative Lynn Kessler, as a member of the Board of Trustees from Grays Harbor Community College District No. 2, was confirmed.

MOTION

On motion of Senator Anderson, Senator Johnson was excused.

CONFIRMATION OF REPRESENTATIVE LYNN KESSLER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Cantu, Johnson, Owen and Wood - 4.

There being no objection, the Senate resumed consideration of Senate Bill No. 6132 and the pending motion by Senator Fairley to substitute the bill, deferred February 10, 1996.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator West, the President finds that Senate Bill No. 6132 is a measure which reduces the threshold for application of the campaign finance laws to political subdivisions which have fewer than one thousand registered voters.

"Substitute Senate Bill No. 6132 would require candidates to return unspent contributions if switching from one campaign to another.

"The President, therefore, finds that the proposed substitute does change the scope and object of the bill and the point of order is well taken."

The motion by Senator Fairley to substitute Senate Bill No. 6132 was ruled out of order.

MOTION

On motion of Senator Fairley, the rules were suspended, Senate Bill No. 6132 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Spanel: "Senator Fairley, is it correct that people who file and run for these offices, still have to file their F-1--their financial disclosure?"

Senator Fairley: "Oh yes, everybody does now. Everybody will still have to. This bill doesn't change that at all."

Further debate ensued.

POINT OF INQUIRY

Senator McCaslin: "Senator Fairley, you don't have to file a C-3? That is where they report the money. Don't you want to know if there are any crooks down there? How about a C-4?"

Senator Fairley: "Senator McCaslin, in the bill, if you have more than one thousand registered voters in your town, you will have to file a C-3. You already have to file an F-1, that tells about your personal finances. As a council member who earned zero for each meeting, I objected, but I soon learned. We all have to file an F-1. This will simply say that when you run a campaign, you have to tell where the money comes from. If you have more than one thousand voters--maybe in your town--they don't have more than one thousand registered voters, sir."

Senator McCaslin: "Thank you, Senator Fairley. She is one of the few Senators that gives me more answers than I've asked questions."

Further debate ensued.

POINT OF INQUIRY

Senator Zarelli: "Senator Fairley, just a bit of clarification. I think we are talking here about the filing of personal disclosure documents about an individual's welfare--where they derive their income from."

Senator Fairley: "When you file for any office, you must file an F-1. That tells your personal disclosure, so this changes nothing on that, absolutely nothing. It only changes your filing in towns, which wouldn't count Woodway, because they don't have a thousand registered voters--registered voters--not population. If you do a campaign that takes in more than, I believe, it is two thousand dollars, you must file where you get the money from and where the money goes."

Senator Zarelli: "So, we are not talking about an individual's property or their job or their income, we are talking about where they derive their campaign contributions and where--"

Senator Fairley: "Only the campaign finances. It has nothing to do with your personal disclosure."

Senator Zarelli: "Thank you very much."

Further debate ensued.

POINT OF INQUIRY

Senator Anderson: "Senator Fairley, I didn't have this until your closing speech. You talked about if you were not going to run a fancy campaign, this is for people who are receiving quite a bit of money. Isn't the threshold two hundred dollars that you have to disclose?"

Senator Fairley: "Two thousand dollars."

Senator Anderson: "Two thousand dollars is the threshold?"

Senator Fairley: "Two thousand dollars is the threshold for full disclosure. Now, if it is under that, you are filling out--"

Senator Anderson: "An amended form."

Senator Fairley: "Right, an amended form."

Senator Anderson: "And what is the threshold for the amended form?"

Senator Fairley: "I believe it is a thousand dollars. If you are running a campaign for under that, you don't fill out anything. You just fill out a piece of paper that says, 'I'm not going to do that.'"

POINT OF INQUIRY

Senator Morton: "Senator Fairley, this reduces from five thousand registered voters to one thousand registered voters?"

Senator Fairley: "Right."

Senator Morton: "I'm wondering about the true need of this. Have there been considerable felonies or convictions of some problems below the five thousand mark?"

Senator Fairley: "The problem is that there couldn't be, because we don't know where they get their money or what they spend it on. In my town, when there was forty-one hundred registered voters, we had a concern coming up. We still don't know if any of the candidates for office received money from the adult entertainment folks or from anybody else."

Senator Morton: "Thank you, Senator."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6132.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6132 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, Wojahn and Zarelli - 25.

Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prince, Roach, Schow, Sellar, Swecker, West, Winsley and Wood - 24.

SENATE BILL NO. 6132, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6725, by Senators Sutherland, Finkbeiner and Hochstatter

Exempting electrical switchgear and control apparatus from chapter 70.79 RCW.

MOTIONS

On motion of Senator Sutherland, Substitute Senate Bill No. 6725 was substituted for Senate Bill No. 6725 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 6725 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6725.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6725 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE SENATE BILL NO. 6725, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE SENATE BILL NO. 5676, by Senate Committee on Law and Justice (originally sponsored by Senators Fraser and Kohl)

Restricting residential time for abusive parents.

MOTIONS

On motion of Senator Smith, Second Substitute Senate Bill No. 5676 was substituted for Substitute Senate Bill No. 5676 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the following amendment by Senators Fraser and Smith was adopted:

On page 18, after line 7, insert the following:

"NEW SECTION. Sec. 3. 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."

MOTIONS

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

On page 1, line 2 of the title, after "parents;" strike "and" and after "26.10.160" insert "; and declaring an emergency"

On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5676 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 Second Substitute Senate Bill No. 5676.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5676 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5676, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6518, by Senators Fraser, Owen, Deccio, Schow, Thibaudeau, Moyer, Heavey, McAuliffe and Drew (by request of Governor Lowry)

Providing for a process to complete a cross-state trail system.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6518 was substituted for Senate Bill No. 6518 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the following amendment by Senators Deccio, Owen, Rasmussen, Prince and Fraser was adopted:

On page 3, line 2, after "(d)" strike all material through and including "carriers" on line 4, and insert "Provisions ensuring that both the conventional and intermodal rail service needs of local shippers are met. Such accommodations may comprise agreements with the franchisee to offer or maintain adequate service or to provide for service by other carriers at commercially reasonable rates;

(e) Provisions for haulage agreements or proportional rate agreements which shall enable other carriers to quote rates across what is commonly known as the Stampede Pass rail line from Cle Elum to Auburn;

(f) If any part of the franchise is invalidated by actions or rulings of the federal surface transportation board, the remaining portions of the franchise are not invalidated;"

Reletter the remaining subsections consecutively

MOTION

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6518 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Owen, further consideration of Engrossed Substitute Senate Bill No. 6518 was deferred.

SECOND READING

SENATE BILL NO. 6403, by Senators Winsley, Haugen, Hale, Sheldon, Goings and Hochstatter

Revising the responsibility for fire investigation.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6403 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6403.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6403 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Finkbeiner - 1.

SENATE BILL NO. 6403, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 6518, deferred on third reading earlier today.

Debate ensued.

POINT OF INQUIRY

Senator Roach: "Senator Fraser, I was wondering, can you tell me if there will be confiscation of private property involved in this bill--for the trails?"

Senator Fraser "The bill provides for no imminent domain and property must be purchased."

Senator Roach: "So, there is no imminent domain involved in this and anyone who does this will do it on a voluntary basis and there will be no confiscation of private property for use of public trails?"

Senator Fraser: "Yes, there would have to be a willing buyer and a willing sellar."

Senator Roach: "And what happens if there is a section, where nobody wants to willingly sell? What will happen? What will the state do?"

Senator Fraser: "Well, that will have to be part of the trail planning consideration."

Senator Roach: "So, it could be a securest route in order to abide by the wishes of the owner in that area?"

Senator Fraser: "That is my understanding."

Senator Roach: "Thank you, Senator Fraser."

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6518.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6518 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6518, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

SECOND READING

SENATE BILL NO. 6173, by Senators Haugen and Schow

Regulating motor vehicle dealers.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 6173 was substituted for Senate Bill No. 6173 and the substitute bill was placed on second reading and read the second time.

Senator Wojahn moved that the following amendments by Senators Wojahn and Moyer be considered simultaneously and be adopted:

On page 10, after line 15, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 46.70 RCW to read as follows:

At the time of licensing, registration, title verification, transfer of title, perfecting title, or releasing or satisfying a lien or other security for any motor vehicle, the dealer shall collect a documentary service fee of at least ten dollars and may collect up to thirty dollars. Ten dollars of the fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account. Subagents shall collect the ten dollar fee when performing any function listed in this section, and such fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account under this section."

Renumber the sections consecutively and correct any internal references accordingly.

On page 11, line 16, after "order." insert "Any documentary service fee charged by a dealer for licensing, registration, title verification, transfer of title, perfecting title, or releasing or satisfying a lien or other security interest in an amount not to exceed a total of thirty dollars per vehicle sale or vehicle lease shall not be considered a violation of subsection (1) or (2) of this section. Dealers are required to disclose in any advertisement that a documentary service fee in an amount not to exceed thirty dollars may be added to the sale price."

On page 15, after line 32, insert the following:

"Sec. 7. RCW 63.14.010 and 1993 sp.s. c 5 s 1 are each amended to read as follows:

In this chapter, unless the context otherwise requires:

(1) "Goods" means all chattels personal when purchased primarily for personal, family, or household use and not for commercial or business use, but not including money or, except as provided in the next sentence, things in action. The term includes but is not limited to merchandise certificates or coupons, issued by a retail seller, to be used in their face amount in lieu of cash in exchange for goods or services sold by such a seller and goods which, at the time of sale or subsequently, are to be so affixed to real property as to become a part thereof, whether or not severable therefrom;

(2) "Lender credit card" means a card or device under a lender credit card agreement pursuant to which the issuer gives to a cardholder residing in this state the privilege of obtaining credit from the issuer or other persons in purchasing or leasing property or services, obtaining loans, or otherwise, and the issuer of which is not: (a) Principally engaged in the business of selling goods; or (b) a financial institution;

(3) "Lender credit card agreement" means an agreement entered into or performed in this state prescribing the terms of retail installment transactions pursuant to which the issuer may, with the buyer's consent, purchase or acquire one or more retail sellers' indebtedness of the buyer under a sales slip or memorandum evidencing the purchase, lease, loan, or otherwise to be paid in accordance with the agreement. The issuer of a lender credit card agreement shall not be principally engaged in the business of selling goods or be a financial institution;

(4) "Financial institution" means any bank or trust company, mutual savings bank, credit union, or savings and loan association organized pursuant to the laws of any one of the United States of America or the United States of America, or the laws of a foreign country if also qualified to conduct business in any one of the United States of America or pursuant to the laws of the United States of America;

(5) "Services" means work, labor, or services of any kind when purchased primarily for personal, family, or household use and not for commercial or business use whether or not furnished in connection with the delivery, installation, servicing, repair, or improvement of goods and includes repairs, alterations, or improvements upon or in connection with real property, but does not include services for which the price charged is required by law to be determined or approved by or to be filed, subject to approval or disapproval, with the United States or any state, or any department, division, agency, officer, or official of either as in the case of transportation services;

(6) "Retail buyer" or "buyer" means a person who buys or agrees to buy goods or obtain services or agrees to have services rendered or furnished, from a retail seller;

(7) "Retail seller" or "seller" means a person engaged in the business of selling goods or services to retail buyers;

(8) "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract, a retail charge agreement, or a lender credit card agreement, as defined in this section, which provides for a service charge, as defined in this section, and under which the buyer agrees to pay the unpaid balance in one or more installments or which provides for no service charge and under which the buyer agrees to pay the unpaid balance in more than four installments;

(9) "Retail installment contract" or "contract" means a contract, other than a retail charge agreement, a lender credit card agreement, or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction. The term "retail installment contract" may include a chattel mortgage, a conditional sale contract, and a contract in the form of a bailment or a lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods sold and if it is agreed that the bailee or lessee is bound to become, or for no other or a merely nominal consideration, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease. The term "retail installment contract" does not include: (a) A "consumer lease," heretofore or hereafter entered into, as defined in RCW 63.10.020; (b) a lease which would constitute such "consumer lease" but for the fact that: (i) It was entered into before April 29, 1983; (ii) the lessee was not a natural person; (iii) the lease was not primarily for personal, family, or household purposes; or (iv) the total contractual obligations exceeded twenty-five thousand dollars; or (c) a lease-purchase agreement under chapter 63.19 RCW;

(10) "Retail charge agreement," "revolving charge agreement," or "charge agreement" means an agreement between a retail buyer and a retail seller that is entered into or performed in this state and that prescribes the terms of retail installment transactions with one or more sellers which may be made thereunder from time to time and under the terms of which a service charge, as defined in this section, is to be computed in relation to the buyer's unpaid balance from time to time;

(11) "Service charge" however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time. It does not include the amount, if any, charged for insurance premiums, delinquency charges, attorneys' fees, court costs, the vehicle dealer documentary service fee as provided in section 5 of this act, or official fees;

(12) "Sale price" means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of a retail installment transaction. The sale price may include any taxes, registration and license fees, any vehicle dealer documentary fee as provided for in section 5 of this act and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations, or improvements;

(13) "Official fees" means the amount of the fees prescribed by law and payable to the state, county, or other governmental agency for filing, recording, or otherwise perfecting, and releasing or satisfying, a retained title, lien, or other security interest created by a retail installment transaction;

(14) "Time balance" means the principal balance plus the service charge;

(15) "Principal balance" means the sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the buyer's down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance, any vehicle dealer documentary service fee, and official fees;

(16) "Person" means an individual, partnership, joint venture, corporation, association, or any other group, however organized;

(17) "Rate" means the percentage which, when multiplied times the outstanding balance for each month or other installment period, yields the amount of the service charge for such month or period.

Sec. 8. RCW 63.14.130 and 1992 c 193 s 1 are each amended to read as follows:

The service charge shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder and no other fee, expense or charge whatsoever shall be taken, received, reserved or contracted therefor from the buyer, except for any vehicle dealer documentary service fee as provided for in section 5 of this act.

(1) The service charge, in a retail installment contract, shall not exceed the dollar amount or rate agreed to by contract and disclosed under RCW 63.14.040(1)(7)(g).

(2) The service charge in a retail charge agreement, revolving charge agreement, lender credit card agreement, or charge agreement, shall not exceed the schedule or rate agreed to by contract and disclosed under RCW 63.14.120(1). If the service charge so computed is less than one dollar for any month, then one dollar may be charged.

NEW SECTION. Sec. 9. A new section is added to chapter 88.02 RCW to read as follows:

At the time of licensing, registration, title verification, transfer of title, perfecting title, or releasing or satisfying a lien or other security for any vessel, the dealer shall collect a documentary service fee of at least ten dollars and may collect up to thirty dollars. Ten dollars of the fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account.

NEW SECTION. Sec. 10. A new section is added to chapter 46.10 RCW to read as follows:

At the time of sale or resale of any snowmobile, the dealer shall collect a ten-dollar fee from the purchaser. The fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account.

NEW SECTION. Sec. 11. A new section is added to chapter 88.12 RCW to read as follows:

At the time of sale or resale of any personal watercraft, the dealer shall collect a ten-dollar fee from the purchaser. The fee shall be transmitted to the department of licensing for deposit in the emergency medical services and trauma care system trust account."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

POINT OF INQUIRY

Senator Schow: "Senator Wojahn, how much money will this raise for trauma care?"

Senator Wojahn: "On automobiles, it will raise between eight and ten million dollars, but we also include water--boats--and snowmobiles and that will raise probably five hundred thousand, additional. So, we can expect to raise between eighty-five hundred and twelve million. We haven't gotten the figures on the other things. We know that the automobiles will raise from ten to twelve million. Because thirty-eight to fifty percent of all accidents are caused by automobiles, it seemed an appropriate area to attempt to raise money from."

Senator Schow: "Thank you."

Further debate ensued.

POINT OF INQUIRY

Senator McCaslin: "Senator Wojahn, it says, 'anytime you release an interest.' If you finance it at the dealer and later finance it at the bank, then you pay another thirty dollars? Is that--every time you release an interest?"

Senator Wojahn: "No, it is just a transfer, the original transfer of the ownership of a vehicle."

Senator McCaslin: "It says, 'any documentary service.' 'Any--charged by a dealer for licensing, etc.' So, if you refinance it, there is no problem on refinancing?"

Senator Wojahn: "I don't believe so. According to what I've been told, the auto dealers are very supportive of this--to collect a documentary fee. I can't answer that, but I presume it is one documentation. When a vehicle is sold, the transaction would take several steps before it was completed. I would assume that the one fee would be the fee that handled the problem."

Further debate ensued.

PARLIAMENTARY INQUIRY

Senator West: "Rising on a point of parliamentary inquiry. Mr. President, this could be significant enough that you may want to take some time on it."

REPLY BY THE PRESIDENT

President Pritchard: "I'll make that judgment."

Senator West: "This is labeled a fee. We are under the restrictions of 601. There are distinctions between fees and taxes, but calling a tax a fee or calling a fee a tax doesn't necessarily make one the other. There are restrictions on how many votes are required to pass a tax. I'm not familiar with the restrictions on how many votes are required to pass a fee and would like the President to rule as to the implication of 601 on this amendment."

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 6173.

MOTION

At 10:28 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 12:14 p.m. by President Pritchard.

There being no objection, the President declared the Senate to be at recess until 1:00 p.m.

The Senate was called to order at 1:16 p.m. by President Pritchard.

MOTION

On motion of Senator Spanel, the Senate reverted to the third order of business.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

October 28, 1994

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment subject to your confirmation.

Debbie Ennis, appointed October 28, 1994, for a term ending July 1, 1999, as a member of the Board of Trustee for the State School for the Deaf.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Education.

October 28, 1994

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment subject to your confirmation.

Carin S. Schienberg, appointed October 28, 1994, for a term ending July 1, 1997, as a member of the Board of Trustee for the State School for the Deaf.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Education.

October 31, 1994

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment subject to your confirmation.

Ricky Dockter, appointed October 31, 1994, for a term ending December 31, 1999, as a member of the Board of Trustee for the State School for the Deaf.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Education.

MOTION

On motion of Senator Spanel, the Senate advanced to the sixth order of business.

SECOND READING

SENATE BILL NO. 6124, by Senators Quigley, Fairley, Kohl, Franklin, McAuliffe, Sheldon, Loveland, Drew, Smith, Bauer, Thibaudeau, Snyder, Spanel, Pelz, Roach and Schow

Including physical therapy, occupational therapy, chiropractic, and midwifery as optional basic health plan services.

MOTIONS

On motion of Senator Quigley, Second Substitute Senate Bill No. 6124 was substituted for Senate Bill No. 6124 and the second substitute bill was placed on second reading and read the second time.

Senator Moyer moved that the following amendment by Senators Moyer and Owen be adopted:

On page 1, after line 3, insert the following:

"Sec. 1. RCW 48.43.045 and 1995 c 265 s 8 are each amended to read as follows:

(1)Effective January 1, 1996, every health plan delivered, issued for delivery, or renewed by a health carrier ((on and after January 1, 1996))in compliance with the model basic health plan benefits package, as required by RCW 70.47.060(2)(d),shall:

(((1)))(a) Permit every category of health care provider to provide health services or care for conditions included in the model basic health plan ((services))benefits package, as required by RCW 70.47.060(2)(d), to the extent that:

(((a)))(i) The provision of such health services or care is within the health care providers' permitted scope of practice; and

(((b)))(ii) The providers agree to abide by standards related to:

(((i)))(A) Provision, utilization review, and cost containment of health services;

(((ii)))(B) Management and administrative procedures; and

(((iii)))(C) Provision of cost-effective and clinically efficacious health services.

(2) Effective January 1, 1996, every health carrier shall annually report the names and addresses of all officers, directors, or trustees of the health carrier during the preceding year, and the amount of wages, expense reimbursements, or other payments to such individuals."

Renumber the remaining sections; correct all references and the title.

POINT OF INQUIRY

Senator Quigley: "Senator Moyer, are you aware that actually the language that you read and referred to with respect to choice is existing law--and in fact, what your amendment does is delays these provisions for another year from taking effect?"

Senator Moyer: "I'm sorry, I didn't hear that."

Senator Quigley: "The provisions that you read, with respect to choice and disclosure of salaries and so forth are existing law scheduled to become in effect this year. What your amendment does is delay this until next year. Are you aware of that?"

Senator Moyer: "It says, 'Effective January 1, 1996.'"

Senator Quigley: "Right, it delays it a year. Under existing law, it would have to happen some time this year."

Senator Moyer: "That is not my belief. I'm sorry."

Senator Quigley: "Okay, thank you."

POINT OF ORDER

Senator Quigley: "I rise to a point of order. I rise to raise the scope and object of this amendment. The bill before the body is a bill to add benefits to the Basic Health Plan, under Title 48. That is the state subsidized Basic Health Plan. This amendment here simply changes provisions that don't even apply to the Basic Health Plan, but apply to private insurance in a different title entirely. What this amendment does is entitle a roll back of an interpretation of the Insurance Commissioner without public hearing or public debate when the underlying bill has nothing to do with that. The underlying bill adds services to the Basic Health Plan. So, Mr. President, I believe that this is well outside the scope and object of this bill."

Further debate ensued.

There being no objection, the President deferred further consideration of Second Substitute Senate Bill No. 6124.

MOTIONS

On motion of Senator Thibaudeau, Senator Bauer was excused.

On motion of Senator Anderson, Senator Hochstatter was excused.

SECOND READING

SENATE BILL NO. 6339, by Senators Haugen, Snyder, McCaslin, Pelz and Hale

Concerning the requirements for receipt of an alcohol server permit.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 6339 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6339.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6339 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Excused: Senators Bauer and Hochstatter - 2.

SENATE BILL NO. 6339, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 6211, by Senators Haugen, Smith, Hale, McCaslin and Hochstatter

Concerning interlocal agreements.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6211 was substituted for Senate Bill No. 6211 and the substitute bill was placed on second reading and read the second time.

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

On page 1, line 6, after "and town" insert "that"

On page 1, line 6, after "responsible" insert "by law to adopt a criminal code"

On page 1, line 18, after "felony offense" insert ", nor shall this section require the adoption of a criminal code not otherwise required by law"

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Long on page 1, lines 6 (2) and 18, to Substitute Senate Bill No. 6211.

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

MOTIONS

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

On page 1, line 8, after "offenses" strike "occurring" and insert "committed by adults"

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6211.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6211 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, Winsley and Wojahn - 36.

Voting nay: Senators Cantu, Finkbeiner, Hochstatter, Johnson, Long, Morton, Newhouse, Roach, Schow, Strannigan, West, Wood and Zarelli - 13.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6211, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6120, by Senators Quigley, Fairley, Kohl, McAuliffe, Loveland, Drew, Smith, Thibaudeau, Sheldon, Spanel, Rinehart, Bauer, Franklin, Wojahn, Goings, Winsley, Pelz and Rasmussen

Establishing health insurance benefits following the birth of a child.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 6120 was substituted for Senate Bill No. 6120 and the substitute bill was placed on second reading and read the second time.

Senator Moyer moved that the following amendments by Senators Moyer, Oke, Prince, Sellar, Morton, Winsley, Hochstatter, Finkbeiner, West, Anderson, Long, Deccio, Newhouse, McCaslin, Strannigan, Wood, McDonald, Hale, Swecker, Schow, Zarelli, Roach, Cantu and Prince be considered simultaneously and be adopted:

On page 9, line 25, after "implement" insert "sections 1 through 6 of"

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

"NEW SECTION. Sec. 8. The legislature finds that residents of Washington require a system of maternity care that provides adequate prenatal and postnatal services to maintain and improve the health of women and their newborns. The changing health care market challenges the ability of providers to ensure a system of such care. The health care policy board has the authority to research, investigate, and develop options on issues on the scope, financing, and delivery of health care and has agreed to take on this task if requested by the legislature.

Sec. 9. RCW 43.73.030 and 1995 c 265 s 11 are each amended to read as follows:

The board shall have the following powers and duties:

(1) Periodically make recommendations to the appropriate committees of the legislature and the governor on issues including, but not limited to the following:

(a) The scope, financing, and delivery of health care benefit plans including access for both the insured and uninsured population;

(b) Long-term care services including the finance and delivery of such services in conjunction with the basic health plan by 1999;

(c) The use of health care savings accounts including their impact on the health of participants and the cost of health insurance;

(d) Rural health care needs;

(e) Whether Washington is experiencing an increase in immigration as a result of health insurance reforms and the availability of subsidized and unsubsidized health care benefits;

(f) The status of medical education and make recommendations regarding steps possible to encourage adequate availability of health care professionals to meet the needs of the state's populations with particular attention to rural areas;

(g) The implementation of community rating and its impacts on the marketplace including costs and access;

(h) The status of quality improvement programs in both the public and private sectors;

(i) Models for billing and claims processing forms, ensuring that these procedures minimize administrative burdens on health care providers, facilities, carriers, and consumers. These standards shall also apply to state-purchased health services where appropriate;

(j) Guidelines to health carriers for utilization management and review, provider selection and termination policies, and coordination of benefits and premiums; and

(k) Study the feasibility of including long-term care services in a medicare supplemental insurance policy offered according to RCW 41.05.197;

(2) Review rules prepared by the insurance commissioner, health care authority, department of social and health services, department of labor and industries, and department of health, and make recommendations where appropriate to facilitate consistency with the goals of health reform;

(3) Make recommendations on a system for managing health care services to children with special needs and report to the governor and the legislature on their findings by January 1, 1997;

(4) Conduct a comparative analysis of individual and group insurance markets addressing: Relative costs; utilization rates; adverse selection; and specific impacts upon small businesses and individuals. The analysis shall address, also, the necessity and feasibility of establishing explicit related policies, to include, but not be limited to, establishing the maximum allowable individual premium rate as a percentage of the small group premium rate. The board shall submit an interim report on its findings to the governor and appropriate committees of the legislature by December 15, 1995, and a final report on December 15, 1996;

(5) Conduct an analysis of the financing and delivery of maternity care included in public and private individual and group insurance markets and address and develop options for a system of maternity care that includes, but is not limited to, appropriate level of prenatal, inpatient, and outpatient care, physical assessment of the newborn, the performance of any medically necessary and appropriate clinical tests, parent education, lactation and bottle feeding education, and assistance and assessment of home support;

(6) Develop sample enrollee satisfaction surveys that may be used by health carriers."

Debate ensued.

MOTION

On motion of Senator Quigley, further consideration of Substitute Senate Bill No. 6120 was deferred.

SECOND READING

SENATE BILL NO. 6288, by Senators Rasmussen, Prince, Bauer and Oke

Using transportation centers.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6288 was substituted for Senate Bill No. 6288 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6288 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Anderson: "Senator Rasmussen, as I read this bill, isn't this more than Park and Ride? No? Couldn't this be like a transit station, a bus station, rather than just a Park and Ride?"

Senator Rasmussen: "Senator Anderson, I suppose it could be. The way this bill was presented to me, it could be transit centers, which could be bus stations or Park and Ride."

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6288.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6288 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Kohl, Loveland, McAuliffe, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sheldon, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 28.

Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Roach, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 20.

Absent: Senator Smith - 1.

SUBSTITUTE SENATE BILL NO. 6288, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Pritchard assumed the Chair.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6120 and the pending amendments by Senators Moyer, Oke, Prince, Sellar, Morton, Winsley, Hochstatter, Finkbeiner, West, Anderson, Long, Deccio, Newhouse, McCaslin, Strannigan, Wood, McDonald, Hale, Swecker, Schow, Zarelli, Roach, Cantu and Prince on page 9, lines 25 and 27, deferred earlier today.

MOTIONS

On motion of Senator Quigley, further consideration of the amendments by Senators Moyer, Oke, Prince, Sellar, Morton, Winsley, Hochstatter, Finkbeiner, West, Anderson, Long, Deccio, Newhouse, McCaslin, Strannigan, Wood, McDonald, Hale, Swecker, Schow, Zarelli, Roach, Cantu and Prince was deferred.

Senator Quigley moved that the following amendments by Senators Quigley and Moyer be adopted:

Beginning on page 1, after line 13, strike all material through "section." on page 9, line 23, and insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 41.05 RCW to read as follows:

(1)(a) If a state purchased health care plan offered under a contract entered into between the state and the carrier after the effective date of this section includes coverage for maternity services, decisions on the length of inpatient stay must be made by the attending provider in consultation with the mother, rather than through contracts or agreements between providers, hospitals, and insurers. These decisions must be based on accepted medical practice. However, coverage may not be denied for inpatient, postdelivery care to a mother and her newly born child for a period of forty-eight hours after 11:59 p.m. on the day of delivery for a vaginal delivery and ninety-six hours after 11:59 p.m. on the day of delivery for a cesarean section if such care is advised by the attending provider in consultation with the mother.

(b) Any decision to shorten the length of inpatient stay to less than that provided under (a) of this subsection must be made by the attending provider after conferring with the mother.

(c) At the time of discharge, determination of the type and location of continued care must be made by the attending provider in consultation with the mother rather than by contract or agreement between the hospital and the insurer. These decisions must be based on accepted medical practice.

(d) Nothing in this section shall be construed to require attending providers to authorize care they believe to be medically unnecessary.

(2) For the purposes of this section, "attending provider" includes any of the following with hospital privileges: Physicians licensed under chapter 18.57 or 18.71 RCW, certified nurse midwives licensed under chapter 18.79 RCW, midwives licensed under chapter 18.50 RCW, physician's assistants licensed under chapter 18.57A or 18.71A RCW, and advanced registered nurse practitioners licensed under chapter 18.79 RCW.

(3) If a mother and newborn are discharged pursuant to subsection (1)(b) of this section prior to the inpatient length of stay provided under subsection (1)(a) of this section, coverage may not be denied for three follow-up in-home, clinic, provider office, or hospital outpatient visits within fourteen days of delivery, if recommended by the attending provider. Covered services must include a first visit conducted by the attending provider, as defined in this section, or a registered nurse. Any subsequent visit determined to be medically necessary must be provided by a licensed health care provider if such care is advised by the attending provider. Covered services provided must include, but are not limited to, physical assessment of the mother and newborn, parent education, assistance and training in breast or bottle feeding, assessment of the home support system, and the performance of any medically necessary and appropriate clinical tests. Coverage for providers of follow-up services must include, but need not be limited to, attending providers as defined in this section, home health agencies licensed under chapter 70.127 RCW, and registered nurses licensed under chapter 18.79 RCW.

(4) No state purchased health care plan that includes coverage for maternity services may deselect, terminate the services of, require additional documentation from, require additional utilization review of, reduce payments to, or otherwise provide financial disincentives to any attending provider or health care facility solely as a result of the attending provider or health care facility ordering care consistent with the provisions of this section. Nothing in this section shall be construed to prevent any insurer from reimbursing an attending provider or health care facility on a capitated, case rate, or other financial incentive basis.

(5) Every state purchased health care plan that includes coverage for maternity services must provide notice to policyholders regarding the coverage required under this section. The notice must be in writing and must be transmitted at the earliest of the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following the effective date of this section.

(6) This section is intended only to establish a standard of coverage, not a standard of medical care.

NEW SECTION. Sec. 3. A new section is added to chapter 48.20 RCW to read as follows:

(1)(a) If an insurer offers to any individual a health benefit plan that is issued or renewed after the effective date of this section, and that provides coverage for maternity services, decisions on the length of inpatient stay must be made by the attending provider in consultation with the mother, rather than through contracts or agreements between providers, hospitals, and insurers. These decisions must be based on accepted medical practice. However, coverage may not be denied for inpatient, postdelivery care to a mother and her newly born child for a period of forty-eight hours after 11:59 p.m. on the day of delivery for a vaginal delivery and ninety-six hours after 11:59 p.m. on the day of delivery for a cesarean section if such care is advised by the attending provider in consultation with the mother.

(b) Any decision to shorten the length of inpatient stay to less than that provided under (a) of this subsection must be made by the attending provider after conferring with the mother.

(d) Nothing in this section shall be construed to require attending providers to authorize care they believe to be medically unnecessary.

(4) No insurer that offers to any individual a health benefit plan that provides coverage for maternity services may deselect, terminate the services of, require additional documentation from, require additional utilization review of, reduce payments to, or otherwise provide financial disincentives to any attending provider or health care facility solely as a result of the attending provider or health care facility ordering care consistent with the provisions of this section. Nothing in this section shall be construed to prevent any insurer from reimbursing an attending provider or health care facility on a capitated, case rate, or other financial incentive basis.

(5) Every insurer that offers to any individual a health benefit plan that provides coverage for maternity services must provide notice to policyholders regarding the coverage required under this section. The notice must be in writing and must be transmitted at the earliest of the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following the effective date of this section.

(6) This section is intended only to establish a standard of coverage, not a standard of medical care.

NEW SECTION. Sec. 4. A new section is added to chapter 48.21 RCW to read as follows:

(1)(a) If a group disability insurance contract or blanket disability insurance contract that is issued or renewed after the effective date of this section, providing health care services, provides coverage for maternity services, decisions on the length of inpatient stay must be made by the attending provider in consultation with the mother, rather than through contracts or agreements between providers, hospitals, and insurers. These decisions must be based on accepted medical practice. However, coverage may not be denied for inpatient, postdelivery care to a mother and her newly born child for a period of forty-eight hours after 11:59 p.m. on the day of delivery for a vaginal delivery and ninety-six hours after 11:59 p.m. on the day of delivery for a cesarean section if such care is advised by the attending provider in consultation with the mother.

(b) Any decision to shorten the length of inpatient stay to less than that provided under (a) of this subsection must be made by the attending provider after conferring with the mother.

(d) Nothing in this section shall be construed to require attending providers to authorize care they believe to be medically unnecessary.

(4) No group disability insurance contract or blanket disability insurance contract, providing health care services, that provides coverage for maternity services, may deselect, terminate the services of, require additional documentation from, require additional utilization review of, reduce payments to, or otherwise provide financial disincentives to any attending provider or health care facility solely as a result of the attending provider or health care facility ordering care consistent with the provisions of this section. Nothing in this section shall be construed to prevent any insurer from reimbursing an attending provider or health care facility on a capitated, case rate, or other financial incentive basis.

(5) Every group disability insurance contract or blanket disability insurance contract, providing health care services, that provides coverage for maternity services, must provide notice to policyholders regarding the coverage required under this section. The notice must be in writing and must be transmitted at the earliest of the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following the effective date of this section.

(6) This section is intended only to establish a standard of coverage, not a standard of medical care.

NEW SECTION. Sec. 5. A new section is added to chapter 48.44 RCW to read as follows:

(1)(a) If a health service contractor offers a health benefit plan that is issued or renewed after the effective date of this section, and that provides coverage for maternity services, decisions on the length of inpatient stay must be made by the attending provider in consultation with the mother, rather than through contracts or agreements between providers, hospitals, and insurers. These decisions must be based on accepted medical practice. However, coverage may not be denied for inpatient, postdelivery care to a mother and her newly born child for a period of forty-eight hours after 11:59 p.m. on the day of delivery for a vaginal delivery and ninety-six hours after 11:59 p.m. on the day of delivery for a cesarean section if such care is advised by the attending provider in consultation with the mother.

(b) Any decision to shorten the length of inpatient stay to less than that provided under (a) of this subsection must be made by the attending provider after conferring with the mother.

(d) Nothing in this section shall be construed to require attending providers to authorize care they believe to be medically unnecessary.

(4) No health service contractor that offers a health benefit plan that provides coverage for maternity services may deselect, terminate the services of, require additional documentation from, require additional utilization review of, reduce payments to, or otherwise provide financial disincentives to any attending provider or health care facility solely as a result of the attending provider or health care facility ordering care consistent with the provisions of this section. Nothing in this section shall be construed to prevent any insurer from reimbursing an attending provider or health care facility on a capitated, case rate, or other financial incentive basis.

(5) Every health service contractor that offers a health benefit plan that provides coverage for maternity services must provide notice to policyholders regarding the coverage required under this section. The notice must be in writing and must be transmitted at the earliest of the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following the effective date of this section.

(6) This section is intended only to establish a standard of coverage, not a standard of medical care.

NEW SECTION. Sec. 6. A new section is added to chapter 48.46 RCW to read as follows:

(1)(a) If a health maintenance organization offers a health benefit plan that is issued or renewed after the effective date of this section, and that provides coverage for maternity services, decisions on the length of inpatient stay must be made by the attending provider in consultation with the mother, rather than through contracts or agreements between providers, hospitals, and insurers. These decisions must be based on accepted medical practice. However, coverage may not be denied for inpatient, postdelivery care to a mother and her newly born child for a period of forty-eight hours after 11:59 p.m. on the day of delivery for a vaginal delivery and ninety-six hours after 11:59 p.m. on the day of delivery for a cesarean section if such care is advised by the attending provider in consultation with the mother.

(b) Any decision to shorten the length of inpatient stay to less than that provided under (a) of this subsection must be made by the attending provider after conferring with the mother.

(d) Nothing in this section shall be construed to require attending providers to authorize care they believe to be medically unnecessary.

(4) No health maintenance organization that offers a health benefit plan that provides coverage for maternity services may deselect, terminate the services of, require additional documentation from, require additional utilization review of, reduce payments to, or otherwise provide financial disincentives to any attending provider or health care facility solely as a result of the attending provider or health care facility ordering care consistent with the provisions of this section. Nothing in this section shall be construed to prevent any insurer from reimbursing an attending provider or health care facility on a capitated, case rate, or other financial incentive basis.

(5) Every health maintenance organization that offers a health benefit plan that provides coverage for maternity services must provide notice to policyholders regarding the coverage required under this section. The notice must be in writing and must be transmitted at the earliest of the next mailing to the policyholder, the yearly summary of benefits sent to the policyholder, or January 1 of the year following the effective date of this section.

(6) This section is intended only to establish a standard of coverage, not a standard of medical care."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Quigley and Moyer on page 1, after line 13, to Substitute Senate Bill No. 6120.

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

The President declared the question before the Senate to be the adoption of the amendment by Senators Moyer, Oke, Prince, Sellar, Morton, Winsley, Hochstatter, Finkbeiner, West, Anderson, Long, Deccio, Newhouse, McCaslin, Strannigan, Wood, McDonald, Hale, Swecker, Schow, Zarelli, Roach, Cantu and Prince on page 9, lines 25 and 27, to Substitute Senate Bill No. 6120, deferred earlier today.

Debate ensued.

The amendments by Senators Moyer, Oke, Prince, Sellar, Morton, Winsley, Hochstatter, Finkbeiner, West, Anderson, Long, Deccio, Newhouse, McCaslin, Strannigan, Wood, McDonald, Hale, Swecker, Schow, Zarelli, Roach, Cantu and Prince on page 9, lines 25 and 27, were adopted.

MOTIONS

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

On page 1, line 2 of the title, after "child;" insert "amending RCW 43.73.030;"

On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 6120 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6120.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6120 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6120, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6113, by Senators Wojahn, Winsley and Smith

Authorizing the presumption of paternity to be rebutted in an appropriate administrative hearing.

MOTIONS

On motion of Senator Wojahn, Substitute Senate Bill No. 6113 was substituted for Senate Bill No. 6113 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Wojahn, the rules were suspended, Substitute Senate Bill No. 6113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6113.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6113 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6113, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6380, by Senators Bauer and Wood

Eliminating the requirement that degree-granting private vocational schools participate in the tuition recovery trust fund.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 6380 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6380.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6380 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Franklin - 1.

SENATE BILL NO. 6380, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6530, by Senators Haugen and Winsley

Changing provisions related to counties.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6530 was substituted for Senate Bill No. 6530 and the substitute bill was placed on second reading and read the second time.

Senator McCaslin moved that the following amendment by Senators McCaslin, Heavey and Johnson be adopted:

On page 1, after line 12, insert the following:

"Sec. 2. RCW 36.32.200 and 1983 c 129 s 1 are each amended to read as follows:

((It shall be unlawful for)) A county legislative authority ((to)) may employ or contract with any attorney or counsel to perform any duty which any prosecuting attorney is authorized or required by law to perform, ((unless)) provided the contract of employment of such attorney or counsel has been first reduced to writing ((and approved by the presiding superior court judge of the county in writing endorsed thereon)). This section shall not prohibit the appointment of deputy prosecuting attorneys in the manner provided by law.

Any contract written pursuant to this section shall be limited to two years in duration."

Renumber the remaining sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators McCaslin, Heavey and Johnson on page 1, after line 12, to Substitute Senate Bill No. 6530.

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

MOTION

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6530 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6530.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6530 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6530, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Thibaudeau, Senator Goings was excused.

SECOND READING

SENATE BILL NO. 6033, by Senators Deccio, Quigley, Moyer, Wojahn and Winsley

Requiring identification badges for all hospital workers.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 6033 was substituted for Senate Bill No. 6033 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 6033 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6033.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6033 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 43.

Voting nay: Senators Cantu, McCaslin, McDonald, Newhouse and Strannigan - 5.

Excused: Senator Goings - 1.

SUBSTITUTE SENATE BILL NO. 6033, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6521, by Senators Heavey and Sutherland (by request of Department of Labor and Industries)

Establishing electrical administrative procedures.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 6521 was substituted for Senate Bill No. 6521 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hochstatter, the following amendment by Senators Hochstatter and Sutherland was adopted:

On page 2, line 12, after "procedures." insert "Information obtained from an electrical contractor under the provisions of this section is confidential and is not open to public inspection under chapter 42.17 RCW."

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 2, beginning on line 1, strike all of section 2.

Renumber the sections consecutively and correct any internal references accordingly

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, beginning on line 1, to Substitute Senate Bill No. 6521.

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

MOTIONS

On motion of Senator Sutherland, the following amendment by Senators Sutherland and Hochstatter was adopted:

On page 4, line 32, after "will" strike "assure" and insert "verify"

On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 6521 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6521.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6521 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.

Voting nay: Senators Hochstatter, Johnson, Morton, Sellar, West and Wood - 6.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6521, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6249, by Senators Quigley, Smith and Goings

Reforming campaign financing.

MOTIONS

On motion of Senator Quigley, Second Substitute Senate Bill No. 6249 was substituted for Senate Bill No. 6249 and the second substitute bill was placed on second reading and read the second time.

Senator Quigley moved that the following amendment by Senators Quigley and Schow be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:

(1) This section applies to contributions to a candidate, state official, or political committee who has failed to file a statement of acceptance of voluntary expenditure limits set forth in section 3 of this act.

(2) A candidate for a state office may not accept from any person contributions that in the aggregate exceed twenty-five percent of the contribution limits provided for in RCW 42.17.640.

(3) A state official against whom recall charges have been filed, and a political committee having the expectation of making expenditures in support of the recall of the state official, may not accept from any person contributions that in the aggregate exceed twenty-five percent of the contribution limits provided for in RCW 42.17.640.

NEW SECTION. Sec. 2. A new section is added to chapter 42.17 RCW to read as follows:

(1) This section applies to contributions to a candidate, state official, or political committee who has filed a statement of acceptance of voluntary expenditure limits set forth in section 3 of this act.

(2) A candidate for a state office may not accept from any person contributions that in the aggregate exceed the contribution limits provided for in RCW 42.17.640.

(3) A state official against whom recall charges have been filed, and a political committee having the expectation of making expenditures in support of the recall of the state official, may not accept from any person contributions during a recall campaign that in the aggregate exceed the contribution limits provided for in RCW 42.17.640.

NEW SECTION. Sec. 3. A new section is added to chapter 42.17 RCW to read as follows:

When a person becomes a candidate or files for state office, he or she shall sign and file with the commission a statement of acceptance or rejection of the voluntary expenditure limits in section 4 of this act. A state official whose recall is demanded or a political committee having the expectation of making expenditures in support of a recall shall sign and file with the commission a statement of acceptance or rejection of the voluntary expenditure limits in section 4 of this act. The commission shall provide the form of the statement and agreement by rule. The commission shall index and make available for public inspection and copying a list of the statements of acceptance or rejection filed by candidates.

NEW SECTION. Sec. 4. A new section is added to chapter 42.17 RCW to read as follows:

(1) In accordance with RCW 42.17.690, the commission shall revise expenditure limits applicable in an election cycle for a candidate who files a statement of acceptance under section 3 of this act.

(2) The initial expenditure limits shall be as follows for the following offices and classes of offices:

(a) Governor: One million dollars;

(b) All other state executive offices: Two hundred fifty thousand dollars;

(d) State representative: Fifty thousand dollars.

NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

(1) It is a violation of this chapter for a person to make a contribution or expenditure in support of or opposition to a candidate other than one within the limits in this chapter or an independent expenditure as defined in RCW 42.17.020.

(2) If a candidate has agreed to expenditure limits under section 3 of this act and: (a) Knowingly accepts a contribution in excess of the amounts allowed; or (b) has encouraged, approved, or collaborated in the making of an unlawful expenditure by another in connection with his or her campaign, the expenditure limit must be reduced by the amount of the unlawful contribution or expenditure.

(3) Payments of candidate filing fees, fees or assessments relating to the primary or general election candidates' pamphlet, or costs incurred in the course of defending against a challenge of a person's eligibility to become a candidate or a motion for injunction under RCW 42.17.390, do not constitute expenditures for the purpose of determining whether a candidate has exceeded an expenditure limit.

Sec. 6. RCW 42.17.040 and 1989 c 280 s 2 are each amended to read as follows:

(1) Every political committee, within two weeks after its organization or, within two weeks after the date when it first has the expectation of receiving contributions or making expenditures in any election campaign, whichever is earlier, shall file a statement of organization with the commission and with the county auditor or elections officer of the county in which the candidate resides, or in the case of any other political committee, the county in which the treasurer resides. A political committee organized within the last three weeks before an election and having the expectation of receiving contributions or making expenditures during and for that election campaign shall file a statement of organization within three business days after its organization or when it first has the expectation of receiving contributions or making expenditures in the election campaign.

(2) The statement of organization shall include but not be limited to:

(a) The name and address of the committee;

(b) The names and addresses of all related or affiliated committees or other persons, and the nature of the relationship or affiliation;

(c) The names, addresses, and titles of its officers; or if it has no officers, the names, addresses, and titles of its responsible leaders;

(d) The name and address of its treasurer and depository;

(e) A statement whether the committee is a continuing one;

(f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or opposing, and, if the committee is supporting the entire ticket of any party, the name of the party;

(g) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition;

(h) What distribution of surplus funds will be made, in accordance with RCW 42.17.095, in the event of dissolution;

(i) The street address of the place and the hours during which the committee will make available for public inspection its books of account and all reports filed in accordance with RCW 42.17.080; and

(j) Such other information as the commission may by regulation prescribe, in keeping with the policies and purposes of this chapter.

(3) A committee filing under this section that intends to support or oppose only one candidate or ballot measure, or to contribute to or expend fifty percent or more of its funds on behalf of, or in opposition to, one candidate or ballot measure, shall include the name of that candidate or ballot measure as part of the name of the committee. The commission shall promptly notify the named candidate of the group's organization and intent.

(4) Any material change in information previously submitted in a statement of organization shall be reported to the commission and to the appropriate county elections officer within the ten days following the change.

Sec. 7. RCW 42.17.390 and 1993 c 2 s 28 are each amended to read as follows:

One or more of the following civil remedies and sanctions may be imposed by court order in addition to any other remedies provided by law:

(1) ((If the court finds that the violation of any provision of this chapter by any candidate or political committee probably affected the outcome of any election, the result of said election may be held)) The court or the legislature, as applicable, shall presume that a material and substantial violation of this chapter has affected the outcome of the election. Unless the presumption is defeated by clear, cogent, and convincing evidence, the court or the legislature, as applicable, shall declare the election void, and a special election must be held within sixty days of such finding. Any action to void an election shall be commenced within one year of the date of the election in question. It is intended that this remedy be imposed freely in all appropriate cases to protect the right of the electorate to an informed and knowledgeable vote.

(2) If any lobbyist or sponsor of any grass roots lobbying campaign violates any of the provisions of this chapter, his registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying: PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by this chapter.

(3) Any person who violates any of the provisions of this chapter may be subject to a civil penalty of not more than ten thousand dollars for each such violation. However, a person or entity who violates ((RCW 42.17.640)) this chapter may be subject to a civil penalty of ten thousand dollars or three times the amount of the contribution illegally made or accepted, whichever is greater. The penalty may not be paid from campaign funds, and solicitations to political committees may not be made in connection with the penalty.

(4) Any person who fails to file a properly completed statement or report within the time required by this chapter may be subject to a civil penalty of ten dollars per day for each day each such delinquency continues.

(5) Any person who fails to report a contribution or expenditure may be subject to a civil penalty equivalent to the amount he failed to report.

(6) Any person who makes an independent expenditure that is unlawful because of the encouragement, approval, or collaboration of a candidate may be subject to a penalty of up to three times the amount of the unlawful independent expenditure.

(7) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein.

Sec. 8. RCW 42.17.395 and 1989 c 175 s 91 are each amended to read as follows:

(1) The commission may (a) determine whether an actual violation of this chapter has occurred; and (b) issue and enforce an appropriate order following such determination.

(2) The commission, in cases where it chooses to determine whether an actual violation of this chapter has occurred, shall hold a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, to make such determination. Any order that the commission issues under this section shall be pursuant to such hearing.

(3) In lieu of holding a hearing or issuing an order under this section, the commission may refer the matter to the attorney general or other enforcement agency as provided in RCW 42.17.360.

(4) The person against whom an order is directed under this section shall be designated as the respondent. The order may require the respondent to cease and desist from the activity that constitutes a violation and in addition, or alternatively, may impose one or more of the remedies provided in RCW 42.17.390(((1) (b), (c), (d), or (e))): PROVIDED, That no individual penalty assessed by the commission may exceed one thousand dollars, and in any case where multiple violations are involved in a single complaint or hearing, the maximum aggregate penalty may not exceed two thousand five hundred dollars.

(5) An order issued by the commission under this section shall be subject to judicial review under the Administrative Procedure Act, chapter 34.05 RCW. If the commission's order is not satisfied and no petition for review is filed within thirty days as provided in RCW 34.05.542, the commission may petition a court of competent jurisdiction of any county in which a petition for review could be filed under that section, for an order of enforcement. Proceedings in connection with the commission's petition shall be in accordance with RCW 42.17.397.

Sec. 9. RCW 42.17.640 and 1995 c 397 s 20 are each amended to read as follows:

(1) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a state legislative office that in the aggregate exceed five hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.

(2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed five hundred dollars if for a state legislative office or one thousand dollars if for a state office other than a state legislative office.

(3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.

(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus political committee may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.

(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.

(5) For purposes of determining contribution limits under subsections (3) and (4) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.

(6) Notwithstanding subsections (1) through (4) of this section, no person other than ((an individual,)) a bona fide political party((,)) or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed five hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed two thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.

(7) For the purposes of ((RCW 42.17.640 through 42.17.790)) this chapter, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.

(8) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.

(9) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.

(10) ((RCW 42.17.640 through 42.17.790 apply)) This chapter applies to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.

(11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.

(12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the state official.

(13) No person may accept contributions that exceed the contribution limitations provided in this section.

(14) The following contributions are exempt from the contribution limits of this section:

(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or

(b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.

NEW SECTION. Sec. 10. A new section is added to chapter 29.80 RCW to read as follows:

The secretary of state shall add to each candidates' pamphlet a list of the campaign spending limits recommended by the public disclosure commission for each of the state offices for which the statements of candidates appear in the pamphlet and a brief explanation of the effect of a promise filed with the commission under section 3 of this act.

In preparing the candidates' pamphlet for publication, the secretary of state shall secure from the public disclosure commission its most current list of candidates who have promised to limit spending, in accordance with section 3 of this act. Using this list, the secretary of state shall print a notice, explaining the voluntary campaign limits or referring to the location in the pamphlet of the explanation required by this section, on each page of the pamphlet containing the statements and photographs of candidates. The secretary of state shall develop distinctive symbols or logos that will identify whether a particular candidate has or has not accepted the voluntary spending limits for that campaign. Based on the information supplied by the public disclosure commission under this section immediately prior to publication of the pamphlet, the secretary of state shall print the appropriate symbol or logo in conjunction with the statement of each candidate to indicate whether or not the candidate has accepted the voluntary spending limits for that campaign.

Sec. 11. RCW 42.17.690 and 1993 c 2 s 9 are each amended to read as follows:

((At the beginning of each even-numbered calendar year, the commission shall increase or decrease all dollar amounts in this chapter based on changes in economic conditions as reflected in the inflationary index used by the commission under RCW 42.17.370.)) The commission shall, by January 1, 1998, and by January 1st of each even-numbered year thereafter, adopt revisions in the existing contribution and expenditure limits. Revisions must be for the purpose of recognizing: (1) Changes in the number of registered voters state-wide; and (2) economic changes as reflected by an inflationary index recommended by the office of financial management. The revisions must be guided by the change in the index for the two-year period before the date the revision is to be adopted. The new dollar amounts established by the commission under this section shall be rounded off by the commission to amounts as judged most convenient for public understanding and so as to be within ten percent of the target amount equal to the base amount provided in this chapter multiplied by the increase in the inflationary index since December 3, 1992.

NEW SECTION. Sec. 12. A new section is added to chapter 42.17 RCW to read as follows:

Notwithstanding RCW 42.17.640, no person other than a bona fide political party or a caucus political committee may make contributions reportable under this chapter to a political committee other than a candidate, a state official against whom recall charges have been filed, a bona fide political party, or a caucus political committee, that in the aggregate exceed five hundred dollars in a calendar year.

Sec. 13. RCW 42.17.790 and 1995 c 397 s 27 are each amended to read as follows:

(1) ((Except as provided in subsection (2) of this section,)) A candidate for public office or the candidate's political committee is prohibited from accepting contributions or expending any funds contributed to the candidate or the candidate's political committee before the designation by the candidate of the office to which the candidate is seeking election.

(2) A candidate for public office or the candidate's political committee may not use or permit the use of contributions, whether or not surplus, solicited for or received by the candidate for public office or the candidate's political committee to further the candidacy of the individual for an office ((other than the)) unless that specific office is designated on the statement of organization or has been expressly designated by the candidate. With regard to contributions accepted after the effective date of this act, within thirty days after the individual becomes a candidate for an office other than the office expressly designated by the candidate on the statement of organization, the candidate or the candidate's political committee shall return unspent contributions on a pro rata basis according to the proportionate amount that the original unspent contributions bear to the total contributions received by the candidate and the candidate's political committee. Unspent contributions that cannot be returned after reasonable efforts shall be contributed to a charitable organization registered under chapter 19.09 RCW. Alternatively, the candidate may maintain unspent contributions in a separate account until after filing of the last report under RCW 42.17.080 or 42.17.105, whichever is later, and may then dispose of these unspent contributions under RCW 42.17.095. A contribution solicited for or received on behalf of the candidate for public office is considered solicited or received for the candidacy for which the individual is then a candidate if the contribution is solicited or received before the general elections for which the candidate for public office is a nominee or is unopposed.

(((2) With the written approval of the contributor, a candidate for public office or the candidate's political committee may use or permit the use of contributions, whether or not surplus, solicited for or received by the candidate for public office or the candidate's political committee from that contributor to further the candidacy of the individual for an office other than the office designated on the statement of organization. If the contributor does not approve the use of his or her contribution to further the candidacy of the individual for an office other than the office designated on the statement of organization at the time of the contribution, the contribution must be considered surplus funds and disposed of in accordance with RCW 42.17.095.))"

MOTION

Senator McCaslin moved that the following amendments to the striking amendment by Senators Quigley and Schow be considered simultaneously and be adopted:

On page 2, line 24, after "senator:" strike "Eighty" and insert "Ten"

On page 2, line 25, after "representative:" strike "Fifty" and insert "Five"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator McCaslin on page 2, lines 24 and 25, to the striking amendment by Senators Quigley and Schow to Second Substitute Senate Bill No. 6249.

The motion by Senator McCaslin failed and the amendments to the striking amendment were not adopted.

MOTION

Senator McCaslin moved that the following amendment to the striking amendment by Senators Quigley and Schow be adopted:

On page 9, after line 25, insert the following:

"(15) Contributions to a state legislative candidate may be accepted by the candidate or a political committee supporting the candidate only if the person making the contribution resides or works in the legislative district of the candidate.

(16) Contributions to a state legislator against whom recall charges have been filed or to a political committee having the expectation of making expenditures in support of the recall of a state legislator may be accepted by the legislator or committee only if the person making the contribution resides or works in the legislative district of the state legislator against whom the recall charges have been filed."

Debate ensued.

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

Further debate ensued.

MOTION

On motion of Senator Anderson, Senator Oke was excused.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McCaslin on page 9, after line 25, to the striking amendment by Senators Quigley and Schow to Second Substitute Senate Bill No. 6249.

ROLL CALL

The Secretary called the roll and the amendment by Senator McCaslin to the striking amendment was adopted, the President voting 'aye' by the following vote: Yeas, 24; Nays, 24; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 24.

Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.

Excused: Senator Oke - 1.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Quigley and Schow, as amended, to Second Substitute Senate Bill No. 6249.

The striking amendment, as amended, was adopted.

MOTIONS

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

On page 1, line 1 of the title, after "reform;" strike the remainder of the title and insert "amending RCW 42.17.040, 42.17.390, 42.17.395, 42.17.640, 42.17.690, and 42.17.790; adding new sections to chapter 42.17 RCW; adding a new section to chapter 29.80 RCW; and prescribing penalties."

On motion of Senator Quigley, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6249 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Heavey: "Senator Quigley, what does Article I of the State Constitution contain?"

Senator Quigley: "I think that is an answer that you know the question to. Is there something I can actually be helpful with?"

Senator Heavey: "Well, it is important to my argument. I'm asking you if you know what Article I contains?"

Senator Quigley: "Go ahead, Senator Heavey."

Senator Heavey: "Do you know? Yes or No."

Senator Quigley: "I'm not your straight man. If you have a question for this body and you want to ask and debate, then do so."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6249.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6249 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Haugen, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 24.

Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6249, having failed to receive the constitutional majority, was declared lost.

SECOND READING

SENATE BILL NO. 6209, by Senators Wojahn, Snyder, McDonald and Sellar

Authorizing special license plates for vehicles registered to the Taipei Economic and Cultural Office.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6209 was substituted for Senate Bill No. 6209 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the following amendments by Senators Owen and Wojahn were considered simultaneously and were adopted:

On page 1, line 8, after "(1)" strike "The" and insert "If the eligible applicant bears the entire cost of plate production, the"

On page 1, line 11, after "leased by" strike all material through "United States" on line 14, and insert "an officer of the Taipei Economic and Cultural Office"

On page 2, beginning on line 17, after "by" strike "a recognized foreign organization" and insert "an officer of the Taipei Economic and Cultural Office"

MOTION

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6209 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Sheldon, Senators Bauer and Franklin were excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6209.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6209 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

Voting nay: Senator Fairley - 1.

Absent: Senator Newhouse - 1.

Excused: Senators Bauer and Franklin - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6209, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6334, by Senators Rasmussen, Swecker, Haugen, Fraser, Morton and Sutherland

Changing water rights administration.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6334 was substituted for Senate Bill No. 6334 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6334.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6334 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Voting nay: Senators Hochstatter and McCaslin - 2.

Absent: Senator Schow - 1.

SUBSTITUTE SENATE BILL NO. 6334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6173 and the parliamentary inquiry by Senator West regarding the number of votes necessary to adopt the amendments by Senators Wojahn and Moyer on page 10, after line 15; page 11, line 16; and page 15, after line 32; deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the parliamentary inquiry by Senator West, the President notes that RCW 43.135.035 (Section 4 of Initiative 601) requires a two-thirds majority vote for 'any action or combination of actions by the Legislature that raises state revenue or requires revenue-neutral tax shifts.' Looking at the full context of the statute, it appears that 'revenue' in this section means revenue in the form of new taxes or tax increases.

"To adopt this interpretation requires that proposed revenue increases be analyzed to determine whether they are properly characterized as fees or taxes. Taxes are intended to raise revenue for governmental purposes. Fees also raise revenue, but are limited to specific types: License fees and User fees. License Fees cover the cost of administering a regulatory program; User Fees impose a charge for the use of publicly-owned or publicly-provided facilities or services.

The amendments by Senators Wojahn and Moyer impose a 'fee' which partially relates to the cost of processing vehicle sales. The remainder of the 'fee' is transferred to a fund for the provision of trauma care services. Since, the latter portion of the fee cannot properly be characterized as either a license fee or a user fee because it is unrelated to the vehicle sale transaction, therefore, it its properly characterized as a tax.

"The amendments by Senators Wojahn and Moyer may be adopted by a majority vote, but if it they are adopted, final passage of Substitute Senate Bill No. 6173 will require a two-thirds vote."

The President declared the question before the Senate to be the adoption of the amendments by Senators Wojahn and Moyer on page 10, after line 15; page 11, line 16; and page 15, after line 32; to Substitute Senate Bill No. 6173.

POINT OF ORDER

Senator McCaslin: "A point of order. I would raise the point of order that the amendments expand the scope and object of the bill. Substitute Senate Bill No. 6173 amends and creates a new section in RCW 46.70. It amends one title of the RCW. The amendments create a new fee that is collective--collected upon the sale or resale of vehicles, vessels, water-craft and snowmobiles. They also allow for collection of the various different motor vehicle titles and actions and changes. I could go on Mr. President, but I will stop there and submit it to you and your counsel."

Further debate ensued.

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 6173.

SECOND READING

SENATE BILL NO. 6446, by Senators Fraser, Swecker, Spanel, Sutherland, Drew, Hochstatter and Winsley

Providing for water rights for instream purposes.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6446 was substituted for Senate Bill No. 6446 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6446 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6446.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6446 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6446, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6445, by Senators Sutherland, Swecker, Fraser, Rasmussen, McAuliffe and Haugen

Making changes to water supply regulation.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6445 was substituted for Senate Bill No. 6445 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 13, after "department" strike ", as its sole and exclusive power to regulate, is" and insert "is only"

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6445.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6445 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6445, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6690, by Senators Rasmussen, Swecker, Morton, Snyder and Fraser

Changing water permit fees.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6690 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6690.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6690 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn and Wood - 37.

Voting nay: Senators Anderson, A., Cantu, Hochstatter, Johnson, McCaslin, McDonald, Roach, Schow, Sellar, Strannigan, West and Zarelli - 12.

SENATE BILL NO. 6690, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6197, by Senator Swecker

Augmenting water supply.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6197 was substituted for Senate Bill No. 6197 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6197 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6197.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6197 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6197, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 6124 and the pending amendment by Senators Moyer and Owen on page 1, after line 8, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Quigley, the President finds that Second Substitute Senate Bill No. 6124 is a measure which amends the basic health plan by making certain permissive health care services mandatory, and adds three new medical services to those services mandated by the Basic Health Care Act.

"The amendment by Senators Moyer and Owen would define certain health care provider's responsibilities in complying with offers of health care insurance based on the Model Basic Health Care Act.

"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."

The amendment by Senators Moyer and Owen on page 1, after line 8, to Second Substitute Senate Bill No. 6124 was ruled in order.

MOTION

On motion of Senator Spanel, and there being no objection, further consideration of Second Substitute Senate Bill No. 6124 was deferred.

MOTION

At 4:20 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 5:31 p.m. by President Pritchard.

There being no objection, the President recessed the Senate until 7:00 p.m.

The Senate was called to order at 7:05 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 6703, by Senators Fraser, Swecker, Fairley and Winsley

Providing for historic preservation.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6703 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6703.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6703 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45.

Absent: Senators Anderson, A., Finkbeiner, Hargrove and Roach - 4.

SENATE BILL NO. 6703, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6708, by Senators Goings, Rasmussen, Winsley, Sheldon, Haugen, Hale, McCaslin, Heavey, Finkbeiner, Hochstatter, McAuliffe and Oke

Increasing penalties for sex offender registration violations.

The bill was read the second time.

MOTIONS

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

On page 4, line 30, after "within" strike "ten days" and insert "((ten days)) seventy-two hours"

On motion of Senator Goings, the rules were suspended, Engrossed Senate Bill No. 6708 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Thibaudeau, Senator Hargrove was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6708.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6708 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Hargrove - 1.

ENGROSSED SENATE BILL NO. 6708, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6300, by Senators Smith, McCaslin, Wojahn, Long, Roach, Rasmussen, Kohl, Haugen and Winsley

Clarifying domestic violence provisions.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 6300 was substituted for Senate Bill No. 6300 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 6300 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6300.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6300 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6300, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6746, by Senator Prentice

Examining credit unions.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6746 was substituted for Senate Bill No. 6746 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6746 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6746.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6746 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6746, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Thibaudeau, Senator Fairley was excused.

SECOND READING

SENATE BILL NO. 6543, by Senators Fraser, Haugen and Swecker

Making adjustments to provisions integrating growth management planning and environmental review.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6543 was substituted for Senate Bill No. 6543 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6543 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6543.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6543 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Fairley - 1.

SUBSTITUTE SENATE BILL NO. 6543, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6208, by Senators Haugen, Johnson, Bauer, Winsley and Schow

Revising misdemeanant probation programs.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6208 was substituted for Senate Bill No. 6208 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 9.95 RCW to read as follows:

(1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has initial responsibility for supervision of that defendant.

(2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. The assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.

(3) If a county assumes supervision responsibility, the county shall supervise all superior court misdemeanant probationers within that county for the duration of the biennium, as set forth in the contract with the department of corrections.

(4) A contract between a county legislative authority and the department of corrections for the transfer of supervision responsibility must include, at a minimum, the following provisions:

(a) The county's agreement to supervise all misdemeanant probationers who are sentenced by a superior court within that county and who reside within that county;

(b) A reciprocal agreement regarding the supervision of superior court misdemeanant probationers sentenced in one county but who reside in another county;

(c) The county's agreement to comply with the minimum standards for classification and supervision of offenders as required under section 2 of this act;

(d) The amount of funds available from the department of corrections to the county for supervision of superior court misdemeanant probationers, calculated according to a formula established by the department of corrections;

(e) A method for the payment of funds by the department of corrections to the county;

(f) The county's agreement that any funds received by the county under the contract will be expended only to cover costs of supervision of superior court misdemeanant probationers;

(g) The county's agreement to account to the department of corrections for the expenditure of all funds received under the contract and to submit to audits for compliance with the supervision standards and financial requirements of this section;

(h) Provisions regarding rights and remedies in the event of a possible breach of contract or default by either party; and

(i) Provisions allowing for voluntary termination of the contract by either party, with good cause, after sixty days' written notice.

(5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that county. In such an event, the department of corrections retains any and all rights and remedies available by law and under the contract.

(6) The department of corrections is immune from civil liability for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county is immune from civil liability for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections. The immunity granted under this section applies regardless of whether the supervising agency is in compliance with the standards of supervision at the time of the misdemeanant probationer's actions.

(7) The department and its officials and employees, or in cases where a county assumes supervision responsibility, the county and its officials and employees, are immune from civil liability for any harm arising out of the good faith performance of their duties and for any harm caused by the actions of superior court misdemeanant probationers under their supervision.

(8) If sufficient resources are not available for the department of corrections, or the county assuming supervision responsibility, to comply with the minimum standards of supervision required by section 2 of this act, the department of corrections, or the county, is immune from civil liability for any harm caused by an inability to comply with the standards of supervision.

NEW SECTION. Sec. 2. A new section is added to chapter 9.95 RCW to read as follows:

(1) Probation supervision of misdemeanant offenders sentenced in a superior court must be based upon an offender classification system and supervision standards.

(2) Any entity under contract with the department of corrections pursuant to section 1 of this act shall establish and maintain a classification system that:

(a) Provides for a standardized assessment of offender risk;

(b) Differentiates between higher and lower risk offenders based on criminal history and current offense;

(d) Provides, at a minimum, three levels of supervision;

(e) Provides for periodic review of an offender's classification level during the term of supervision; and

(f) Structures the discretion and decision making of supervising officers.

(3) Any entity under contract with the department of corrections pursuant to section 1 of this act may establish and maintain supervision standards that:

(a) Identify the frequency and nature of offender contact within each of at least three classification levels;

(b) Provide for a minimum of one face-to-face contact each month with offenders classified at the highest level of risk;

(d) Provide for specific reporting requirements for offenders within each level of the classification system;

(e) Assign higher-risk offenders to staff trained to deal with higher-risk offenders;

(f) Verify compliance with sentence conditions imposed by the court; and

(g) Report to the court violations of sentence conditions as appropriate.

(4) Under no circumstances may an entity under contract with the department of corrections pursuant to section 1 of this act establish or maintain supervision that is less stringent than that offered by the department.

(5) The minimum supervision standards established and maintained by the department of corrections shall provide for no less than one contact per quarter for misdemeanant probationers under its jurisdiction. The contact shall be a personal interaction accomplished either face-to-face or by telephone, unless the department finds that the individual circumstances of the offender do not require personal interaction to meet the objectives of the supervision. The circumstances under which the department may find that an offender does not require personal interaction are limited to the following: (a) The offender has no special conditions or crime-related prohibitions imposed by the court other than legal financial obligations; and (b) the offender poses minimal risk to public safety.

(6) The classification system and supervision standards must be established and met within the resources available as provided for by the legislature and the cost of supervision assessments collected, and may be enhanced by funds otherwise generated by the supervising entity.

Sec. 3. RCW 9.95.210 and 1995 1st sp.s. c 19 s 29 are each amended to read as follows:

(1) In granting probation, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.

(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.

(4) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.

(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.

Sec. 4. RCW 9.95.214 and 1995 1st sp.s. c 19 s 32 are each amended to read as follows:

Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or a county probation department, the department or county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the ((department)) agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant.

Sec. 5. RCW 9.92.060 and 1995 1st sp.s. c 19 s 30 are each amended to read as follows:

(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by ((such)) the superior court, and that the sentenced person be placed under the charge of a community corrections officer employed by the department of corrections, or if the county elects to assume responsibility for the supervision of all superior court misdemeanant probationers a probation officer employed or contracted for by the county, upon such terms as the superior court may determine.

(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.

(3) As a condition of the suspended sentence, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.

(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the superior court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.

Sec. 6. RCW 10.64.120 and 1991 c 247 s 3 are each amended to read as follows:

(1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed ((fifty)) one hundred dollars for services provided whenever ((a)) the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a ((sentencing)) judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court.

(2) For the purposes of this section the office of the administrator for the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges association, the misdemeanant corrections association, the office of the administrator for the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.

(3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.

(((3))) (4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.

Sec. 7. RCW 36.01.070 and 1967 c 200 s 9 are each amended to read as follows:

Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300."

MOTIONS

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

On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 9.95.210, 9.95.214, 9.92.060, 10.64.120, and 36.01.070; and adding new sections to chapter 9.95 RCW."

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6208 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6208.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6208 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6208, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

NOTICE FOR RECONSIDERATION

Senator Heavey, having voted on the prevailing side, served notice that he would move to reconsider the vote by which Engrossed Second Substitute Senate Bill No. 6249 failed to pass the Senate earlier today.

SECOND READING

SENATE BILL NO. 6322, by Senator Owen

Adjusting fees used for recreational vehicle sanitary facilities.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6322 was substituted for Senate Bill No. 6322 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 6322 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6322.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6322 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6322, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6272, by Senators McAuliffe, Long, Fairley, Winsley, Fraser, Kohl, Drew, Smith, Thibaudeau, Prentice, Wojahn, Snyder, Sheldon, Loveland, Bauer, Franklin, Rinehart, Haugen, Rasmussen, Owen, Heavey, Quigley, Oke, Schow and Roach

Requiring school employees with regularly scheduled unsupervised access to children to undergo record checks.

MOTIONS

On motion of Senator McAuliffe, Second Substitute Senate Bill No. 6272 was substituted for Senate Bill No. 6272 and the second substitute bill was placed on second reading and read the second time.

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

Debate ensued.

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

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6272 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SECOND SUBSTITUTE SENATE BILL NO. 6272, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6352, by Senators Goings and Smith

Allowing the association of superior court judges to establish when the annual meeting will be held.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 6352 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6352.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6352 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 6352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6205, by Senators Haugen, Winsley, Quigley and Long

Providing procedures for creating new counties.

MOTIONS

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

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6205 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Anderson: "Senator Haugen, as you know, Pioneer County folks that are now part of Whatcom County have already gone out and got their signatures on the petitions. They have actually presented those petitions to the House of Representatives and now the Secretary of State. So, their petition gathering is done. How would this affect those people who have already gone through a process on--currently that they understood was their process? This changes it by outlining a new process and where does that leave them?"

Senator Haugen: "Well, it is my understanding, it really doesn't affect them. It might be a benefit to them, because it calls that they could go back and gather some more signatures if they weren't adequate. But that isn't necessarily effective with this particular bill."

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6205.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6205 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, McAuliffe, McCaslin, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 35.

Voting nay: Senators Anderson, A., Cantu, Fraser, Hochstatter, Johnson, McDonald, Morton, Newhouse, Sellar, Strannigan, Swecker, West and Zarelli - 13.

Absent: Senator Loveland - 1.

SUBSTITUTE SENATE BILL NO. 6205, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6702, by Senators Fraser, McCaslin, Sheldon, West, Winsley and Hale

Clarifying and streamlining of the joint administrative rules review committee.

The bill was read the second time.

MOTIONS

On motion of Senator Fraser, the following amendment by Senators Fraser, Sheldon and McCaslin was adopted:

On page 3, after line 8, insert the following:

"Sec. 2. RCW 34.05.610 and 1988 c 288 s 601 are each amended to read as follows:

(1) There is hereby created a joint administrative rules review committee which shall be a bipartisan committee consisting of four senators and four representatives from the state legislature. The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house. Not more than two members from each house may be from the same political party. The appointing authorities shall also appoint one alternate member from each caucus of each house. All appointments to the committee are subject to approval by the caucuses to which the appointed members belong.

(2) Members and alternates shall be appointed as soon as possible after the legislature convenes in regular session in an odd-numbered year, and their terms shall extend until their successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such ((members)) persons no longer serve in the legislature, whichever occurs first. Members and alternates may be reappointed to ((a)) the committee.

(3) The president of the senate shall appoint the chairperson in even-numbered years and the vice chairperson in odd-numbered years from among committee membership. The speaker of the house shall appoint the chairperson in odd-numbered years and the vice chairperson in even-numbered years from among committee membership. Such appointments shall be made in January of each year as soon as possible after a legislative session convenes.

(4) The chairperson of the committee shall cause all meeting notices and committee documents to be sent to the members and alternates. A vacancy ((on the committee)) shall be filled by appointment of a legislator from the same political party as the original appointment. The appropriate appointing authority shall make the appointment within thirty days of the vacancy occurring."

Renumber remaining sections accordingly.

Senator Hale moved that the following amendment be adopted:

On page 7, after line 19, insert the following:

"NEW SECTION. Sec. 7. A new section is added to chapter 34.05 RCW to read as follows:

(1) A person may petition an agency requesting that an existing rule be subject to readoption. The office of financial management shall prescribe by rule the format for such petitions and the procedure for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency. Within sixty days after submission of a petition, the agency shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing each item listed in subsection (3) of this section, and (ii) where appropriate, the alternative means by which it will address the concerns raised by the petitioner, or (b) initiate the readoption procedure in accordance with this section.

(2) If an agency denies a petition submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial to the joint administrative rules review committee. Within sixty days after receiving the appeal, the committee shall, by a majority vote of its members, either (a) deny the appeal in writing, stating its reasons for the denial, or (b) direct the agency to initiate the readoption procedure in accordance with this section. The agency shall initiate the readoption procedure by the date specified by the committee.

(3) An agency's written denial under subsection (1) of this section must address each of the following:

(a) Whether the rule is authorized;

(b) Whether the rule is needed;

(d) Whether alternatives to the rule exist that will serve the same purpose at less cost;

(e) Whether the rule applies differently to public and private entities;

(f) Whether the rule serves the purposes for which it was adopted;

(g) Whether the benefits of the rule are greater than its costs;

(h) Whether the rule is clearly and simply stated; and

(i) Whether there is adequate justification if the rule is different from a federal law applicable to the same activity or subject matter.

Persons are encouraged to address each of these issues in their petition to the agency.

(4) For purposes of this section, "readoption" means that the text of the existing rule is submitted under RCW 34.05.320 as a proposed rule and is then subject to the rule-making process set forth in this chapter. However, an agency need not submit a statement of inquiry under RCW 34.05.310 for an existing rule subject to readoption.

(5) A decision by an agency under subsection (1) of this section to deny a petition for readoption is not subject to judicial review.

(6) The office of financial management shall initiate the rule making required by subsection (1) of this section by July 1, 1996."

POINT OF ORDER

Senator Fraser: "A point of order, Mr. President. I believe that the amendment by Senator Hale on page 7, after line 19, expands the scope and object of the bill. The bill very strictly follows the title of the bill, which is An Act relating to clarifying and streamlining procedures of the Joint Administrative Rules Review Committee. It does not create a new roll for that committee; it does not create new duties for state agencies. It doesn't create any new relationships between the Legislature and the Judiciary. The amendment before you creates a new process for the committee--a rule readoption process, a new duty for state agencies, a new rule-making requirement for the office of Financial Management, creates a new roll for JARRC in terms of directing agencies to take certain actions and it creates new statutory language regarding judicial review, in that it creates an exemption. So, I do feel that it exceeds the scope and object."

Further debate ensued.

There being no objection, the President deferred further consideration of the amendment by Senator Hale on page 7, after line 19, to Senate Bill No. 6702.

MOTION

Senator Anderson moved that the following amendment by Senators Anderson and Hale be adopted:

On page 7, after line 19, insert the following:

"Sec. 7. RCW 34.05.660 and 1988 c 288 s 606 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, it is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection required by RCW 34.05.630(2) and 34.05.640(2) in no way serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings interpreting such rules.

(2) If the joint administrative rules review committee recommends to the governor that an existing rule be suspended because it does not conform with the intent of the legislature, the recommendation shall establish a rebuttable presumption in any proceeding challenging the validity of the rule that the rule is invalid. The burden of demonstrating the rule's validity is then on the adopting agency."

POINT OF ORDER

Senator Fraser: "A point of order, Mr. President. I believe that the amendment by Senators Anderson and Hale on page 7, after line 19, expands the scope and object of the bill. Once again, the underlying bill is an act that clarifies and streamlines procedures of JARRC and it doesn't create any new relationships between the Legislature and the Judiciary. What this amendment does is establish a new relationship in state government between the Legislature acting through JARRC and the Judiciary, in that it creates a rebuttal presumption in court. The magnitude of this is such that many would say to do this might require a constitutional amendment. So, I do feel that this does expands the scope and object of the bill."

Further debate ensued.

There being no objection, the President deferred further consideration of Senate Bill No. 6702.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 5049, by Senators Haugen and Winsley

Authorizing a county research service.

MOTIONS

On motion of Senator Haugen, Second Substitute Senate Bill No. 5049 was substituted for Senate Bill No. 5049 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 5049 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5049.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5049 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Voting nay: Senators Anderson, A., Hochstatter and Morton - 3.

SECOND SUBSTITUTE SENATE BILL NO. 5049, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6170, by Senators Winsley and Haugen

Authorizing consideration of health and environmental regulations in the valuation of real property.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 6170 was substituted for Senate Bill No. 6170 and the substitute bill was placed on second reading and read the second time.

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

On page 2, after line 29, insert the following:

"NEW SECTION. Sec. 2. This act takes effect January 1, 1997."

MOTIONS

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

On page 1, line 2 of the title, after "property;" strike "and" and on line 3, after "84.40.030" insert "; and providing an effective date"

On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 6170 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6170.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6170 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6170, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6594, by Senators Winsley, Haugen, Heavey, Sheldon, Hale, Snyder, Wood, McAuliffe, Finkbeiner, Bauer, Rinehart, Pelz, Franklin, Smith, Drew, Sutherland and Rasmussen

Requiring specific information in notification of property assessment changes.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 6594 was substituted for Senate Bill No. 6594 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 84.40.045 and 1994 c 301 s 36 are each amended to read as follows:

(1) The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal: PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year: PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW.

(2) The notice shall:

(a) Contain a statement of both the prior and the new true and fair value and the ratio of the assessed value to the true and fair value on which the assessment of the property is based, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board; and

(b) By January 1, 1998, reference the appropriate local and state sources where further information may be obtained regarding zoning and other restrictions on the use of property.

The notice shall be mailed by the assessor to the taxpayer.

(3) If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section. Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a maximum civil penalty of five thousand dollars. The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county current expense fund. The assessor shall make the request provided for by this section during the month of January.

(4) Any change in the communication and data processing technologies used by any county shall be designed to further the eventual production of a notice of change in valuation that shall:

(a) Inform the taxpayer of the zoning of the property as of the date of the last appraisal;

(b) State that zoning is subject to change;

(d) Reference the appropriate local and state sources where further information may be obtained.

The notice shall be mailed by the assessor to the taxpayer."

MOTIONS

On motion of Senator Swecker, the following amendment by Senators Swecker and Winsley to the striking amendment by Senator Haugen and Winsley was adopted:

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

"Sec. 2. RCW 84.56.050 and 1991 c 245 s 17 are each amended to read as follows:

On receiving the tax rolls the treasurer shall post all real and personal property taxes from the rolls to the treasurer's tax roll, and shall carry forward to the current tax rolls a memorandum of all delinquent taxes on each and every description of property, and enter the same on the property upon which the taxes are delinquent showing the amounts for each year. The treasurer shall notify each taxpayer in the county, at the expense of the county, of the amount of the real and personal property, and the current and delinquent amount of tax due on the same; and the treasurer shall have printed on the notice the name of each tax and the levy made on the same. The name of the state property tax levy for the support of the common schools shall be entitled "state property tax levy" and shall not indicate its use for the support of the common schools. The county treasurer shall be the sole collector of all delinquent taxes and all other taxes due and collectible on the tax rolls of the county: PROVIDED, That the term "taxpayer" as used in this section shall mean any person charged, or whose property is charged, with property tax; and the person to be notified is that person whose name appears on the tax roll herein mentioned: PROVIDED, FURTHER, That if no name so appears the person to be notified is that person shown by the treasurer's tax rolls or duplicate tax receipts of any preceding year as the payer of the tax last paid on the property in question."

On motion of Senator Swecker, the following amendment by Senators Swecker and Winsley to the striking amendment by Senators Haugen and Winsley was adopted:

On page 2, after line 16, insert:

NEW SECTION. Sec. 3. Section 2 of this act applies to taxes levied in 1996 for collection in 1997, and thereafter."

The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Winsley, as amended, to Substitute Senate Bill No. 6594.

Debate ensued.

The striking amendment, as amended, to Substitute Senate Bill No. 6594 was adopted.

MOTIONS

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

On page 1, line 1 of the title, after "changes;" strike the remainder of the title and insert "and amending RCW 84.40.045."

On page 2, line 20 of the title amendment, after "changes;" strike the remainder of the title and insert "amending RCW 84.40.045 and RCW 84.56.050; creating a new section."

On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 6594 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6594.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6594 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6594, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Pritchard assumed the Chair.

SECOND READING

SENATE BILL NO. 6595, by Senators Winsley, Haugen, Hale, Heavey, Sheldon, Snyder, Wood, McAuliffe, Finkbeiner, Goings, Rinehart, Pelz, Franklin, Smith, Drew, Sutherland, Bauer and Rasmussen

Affecting the correction of erroneous assessments if there is a change in the property's land use designation.

The bill was read the second time.

MOTIONS

On motion of Senator Winsley, the following amendments by Senators Winsley and Haugen were considered simultaneously and were adopted:

On page 1, beginning on line 14, after "made" strike all material through "shorter," on line 16

On page 2, line 14, after "correction" insert ", including a cancellation or correction made due to a definitive change of land use designation,"

On motion of Senator Winsley, the rules were suspended, Engrossed Senate Bill No. 6595 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6595.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6595 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 6595, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Substiute Senate Bill No. 6173 and the pending amendments by Senators Wojahn and Moyer on page 10, after line 15; page 11, line 16; and page 15, after line 32; deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator McCaslin, the President finds that Substitute Senate Bill No. 6173 is a measure which makes various changes and clarifications to the requirements for motor vehicle dealers and their subagencies to receive and maintain a license.

"The amendments by Senators Wojahn and Moyer would authorize dealers in motor vehicles, snowmobiles, vessels, and personal watercraft to charge a fee for processing any title change. A portion of the fee is to be transferred to the Emergency Medical Services and Trauma Care System Trust Account. The amendments also change the definitions of service charges and sale prices for purposes of retail sales contracts.

"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."

The amendments by Senators Wojahn and Moyer on page 10, after line 15; page 11, line 16; and page 15, after line 32; to Substitute Senate Bill No. 6173 were ruled out of order.

MOTION

Senator Wojahn moved that the following amendments by Senators Wojahn, Deccio, Moyer, Thibaudeau, Pelz, Wood, Schow and Fairley be considered simultaneously and be adopted:

On page 10, after line 15, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 46.70 RCW to read as follows:

At the time of licensing, registration, title verification, transfer of title, perfecting title, or releasing or satisfying a lien or other security for any motor vehicle, the dealer shall collect a documentary service fee of at least ten dollars and may collect up to fifteen dollars. Ten dollars of the fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account. Subagents shall collect the ten dollar fee when performing any function listed in this section, and such fee shall be transmitted to the department for deposit in the emergency medical services and trauma care system trust account under this section."

Renumber the sections consecutively and correct any internal references accordingly.

On page 11, line 16, after "order." insert "Any documentary service fee charged by a dealer for licensing, registration, title verification, transfer of title, perfecting title, or releasing or satisfying a lien or other security interest in an amount not to exceed a total of fifteen dollars per vehicle sale or vehicle lease shall not be considered a violation of subsection (1) or (2) of this section. Dealers are required to disclose in any advertisement that a documentary service fee in an amount not to exceed fifteen dollars may be added to the sale price."