NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

THIRTY-SEVENTH DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Tuesday, February 13, 1996

The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cantu, Finkbeiner, Franklin, Heavey, Owen, Rasmussen and Rinehart. On motion of Senator Anderson, Senators Cantu and Finkbeiner were excused. On motion of Senator Thibaudeau, Senators Franklin, Heavey, Owen, Rasmussen and Rinehart were excused.

The Sergeant at Arms Color Guard, consisting of Pages Karen Kuhling and Jessie Rinell, presented the Colors. Jim Cammack, representing 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 GOVERNOR

GUBERNATORIAL APPOINTMENTS

February 8, 1996

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.

Erika Hennings, appointed February 8, 1996, for a term ending September 30, 1999, as a member of the Board of Trustees for Big Bend Community College District No. 18.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Higher Education.

February 12, 1996

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.

Mary Helen Roberts, to be appointed February 16, 1996, for a term ending September 30, 1998, as a member of the Board of Trustees for Edmonds Community College District No. 23.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Higher Education.

MESSAGES FROM THE HOUSE

February 9, 1996

MR. PRESIDENT:

The House has passed:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 10, 1996

MR. PRESIDENT:

The House has passed:

FOURTH SUBSTITUTE HOUSE BILL NO. 2009,

SUBSTITUTE HOUSE BILL NO. 2158,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264,

HOUSE BILL NO. 2341,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2406,

SUBSTITUTE HOUSE BILL NO. 2447,

SUBSTITUTE HOUSE BILL NO. 2533, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 10, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2262, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 10, 1996

MR. PRESIDENT:

The House has passed:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2302,

SUBSTITUTE HOUSE BILL NO. 2607,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2627,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2654,

SUBSTITUTE HOUSE BILL NO. 2689, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 10, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2226, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 12, 1996

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2721,

SUBSTITUTE HOUSE BILL NO. 2739,

SUBSTITUTE HOUSE BILL NO. 2743,

SUBSTITUTE HOUSE BILL NO. 2778,

HOUSE BILL NO. 2789,

HOUSE BILL NO. 2822, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

4SHB 2009 by House Committee on Appropriations (originally sponsored by Representatives Casada, Huff, Campbell, Clements, Goldsmith, Elliot, Pelesky, Backlund, Reams, Smith, Delvin, Blanton and Beeksma)

Eliminating the state energy office.

Referred to Committee on Energy, Telecommunications and Utilities.

SHB 2158 by House Committee on Law and Justice (originally sponsored by Representatives Benton, Pelesky, Koster, Goldsmith, McMahan, Huff, Buck, Hargrove, Pennington, Thompson and Stevens)

Revising provisions relating to felonies and homicides.

Referred to Committee on Law and Justice.

ESHB 2214 by House Committee on Finance (originally sponsored by Representatives Van Luven, B. Thomas, Schoesler, Pennington, Mastin, Sheldon, Radcliff, Koster, Smith, Huff, Sheahan, Morris, Thompson, Cooke, Goldsmith, Backlund, Benton and Dyer)

Exempting research and development machinery and equipment from sales and use taxes.

Referred to Committee on Ways and Means.

E2SHB 2219 by House Committee on Appropriations (originally sponsored by Representatives Foreman, Sheahan, Ballasiotes, Schoesler, Pennington, Mastin, Chandler, Delvin, Robertson, Campbell, Huff, Hickel, Thompson, Blanton, McMahan, Hargrove and Stevens)

Changing provisions relating to offenders.

Referred to Committee on Law and Justice.

E2SHB 2222 by House Committee on Appropriations (originally sponsored by Representatives Backlund, Huff, Foreman, B. Thomas, Smith, Horn, Hymes, Honeyford, Fuhrman, Lambert, Thompson and McMahan)

Strengthening legislative oversight of government programs.

Referred to Committee on Ways and Means.

ESHB 2226

by House Committee on Government Operations (originally sponsored by Representatives Reams, Mulliken, D. Sommers, Carrell, Campbell, Horn, L. Thomas, Sheahan, D. Schmidt, Elliot, Johnson, Thompson, Stevens, Goldsmith and Backlund)

Creating the department of children and family services.

Referred to Committee on Human Services and Corrections.

ESHB 2261 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Thompson, Chandler, McMorris, Mulliken, Sheahan, Buck, McMahan, Schoesler, Pelesky, Mastin, Goldsmith and Johnson)

Extending the dates related to safety standards for agriculture.

Referred to Committee on Labor, Commerce and Trade.

ESHB 2262 by House Committee on Law and Justice (originally sponsored by Representatives Thompson, Koster, Carrell, Hargrove, Stevens, Mulliken, Fuhrman, Hymes, Crouse, Sterk, Backlund, L. Thomas, McMahan, Beeksma, Pelesky, Johnson and Casada)

Prohibiting marriages between two persons of the same gender.

Referred to Committee on Law and Justice.

ESHB 2264 by House Committee on Law and Justice (originally sponsored by Representatives McMahan, Johnson, Hargrove, Goldsmith, Sheahan, Hymes, Buck, Benton, Mulliken, Koster, Pelesky, Sterk, Lambert, Campbell, Smith, Stevens, McMorris, Mitchell, Talcott, Thompson, Mastin, Backlund, Honeyford, D. Sommers, Hankins, Lisk, Carrell, Robertson and Casada)

Prohibiting censorship of materials relating to United States history or heritage in schools.

Referred to Committee on Education.

E2SHB 2302 by House Committee on Appropriations (originally sponsored by Representatives Carlson, Jacobsen, Mason and Patterson)

Establishing the Washington state student scholarship partnership program.

Referred to Committee on Higher Education.

HB 2341 by Representatives Cooke, Appelwick and L. Thomas

Relating to the use of credit cards in state liquor stores.

Referred to Committee on Labor, Commerce and Trade.

ESHB 2406 by House Committee on Law and Justice (originally sponsored by Representatives Sterk, Chappell, Delvin, Hickel, Smith and Hymes)

Regulating interception of communications.

Referred to Committee on Law and Justice.

SHB 2447 by House Committee on Finance (originally sponsored by Representatives Robertson, Cairnes, L. Thomas, Silver, Mulliken and Carrell)

Providing business and occupation tax exemptions for auctions and wholesale transactions involving motor vehicles.

Referred to Committee on Ways and Means.

SHB 2533 by House Committee on Law and Justice (originally sponsored by Representatives Hickel, Sheahan, Cody, Sterk, Smith, Morris and Dellwo)

Revising misdemeanant probation programs.

Referred to Committee on Human Services and Corrections.

SHB 2607 by House Committee on Health Care (originally sponsored by Representatives Dyer, L. Thomas, D. Sommers, Cairnes, Pelesky, Huff, Beeksma, Smith, B. Thomas, Fuhrman, Backlund, Campbell and Hymes)

Establishing a study utilizing vouchers for basic health plan enrollees.

Referred to Committee on Health and Long-Term Care.

E2SHB 2627 by House Committee on Appropriations (originally sponsored by Representatives Elliot and Sheldon)

Regulating surface mining.

Referred to Committee on Natural Resources.

ESHB 2654 by House Committee on Commerce and Labor (originally sponsored by Representatives Clements, McMorris, Chandler, Backlund, Thompson and Johnson)

Limiting WISHA citations when employers maintain adequate safety training, equipment, rules, and monitoring.

Referred to Committee on Labor, Commerce and Trade.

SHB 2689 by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Campbell and Conway)

Defining the practice of oral and maxillofacial surgery.

Referred to Committee on Health and Long-Term Care.

SHB 2721 by House Committee on Education (originally sponsored by Representatives Beeksma, Quall, McMorris, Brumsickle, Mulliken, Pelesky, Hymes, Talcott, B. Thomas, Stevens, Huff, Silver, McMahan, Sherstad, Cooke, Blanton, Thompson, Elliot and Costa)

Authorizing advertising on school buses.

Referred to Committee on Education.

SHB 2739 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Pelesky, Benton, Huff, Dyer, D. Sommers, Dellwo, Blanton, Grant, Kessler, Hankins and Scheuerman)

Insuring credit unions.

Referred to Committee on Financial Institutions and Housing.

SHB 2743 by House Committee on Health Care (originally sponsored by Representatives Honeyford, Backlund, Silver and Lisk)

Revising requirements for retired active licenses for health care practitioners.

Referred to Committee on Health and Long-Term Care.

SHB 2778 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chappell, Chandler, Honeyford, Foreman, Mulliken, Lisk, Clements, Sheldon and Thompson) (by request of Department of Health and Department of Agriculture)

Providing sales and use tax exemptions for agricultural employee housing.

Referred to Committee on Financial Institutions and Housing.

HB 2789 by Representatives Van Luven, Sheldon, Schoesler, Morris, Silver, Ogden, Thompson, Blanton, Patterson, Tokuda, Romero, Conway, Cole and Poulsen (by request of Governor Lowry

Simplifying tax reporting and registration requirements for small businesses.

Referred to Committee on Ways and Means.

HB 2822 by Representatives Honeyford, Benton, Boldt, Mastin, Scott, Schoesler, Lisk, Sheldon, Elliot and Mulliken

Limiting Columbia River Gorge commission authority to prohibit property development.

Referred to Committee on Government Operations.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Snyder, Gubernatorial Appointment No. 9220, Chang M. Sohn, as a member of the Higher Education Coordinating Board, was confirmed.

Senators Snyder and McDonald spoke to the confirmation of Chang M. Sohn as a member of the Higher Education Coordinating Board.

APPOINTMENT OF CHANG M. SOHN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prentice, Prince, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42.

Excused: Senators Cantu, Finkbeiner, Franklin, Heavey, Owen, Rasmussen and Rinehart - 7.

SECOND READING

SENATE BILL NO. 6379, by Senators Bauer, Wood and Deccio

Adding a representative of private career schools to the work force training and education coordinating board.

MOTIONS

On motion of Senator Bauer, Substitute Senate Bill No. 6379 was substituted for Senate Bill No. 6379 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 6379 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Sellar, Senator Wood was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6379.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6379 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Franklin, Owen, Rasmussen and Wood - 4.

SUBSTITUTE SENATE BILL NO. 6379, 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. 6257, by Senators Franklin, Hargrove, Goings, Long, Sheldon, Fairley, Wojahn, Prentice, Thibaudeau, Fraser and Heavey

Improving guardian and guardian ad litem systems to protect minors and incapacitated persons.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6257 was substituted for Senate Bill No. 6257 and the substitute bill was placed on second reading and read the second time.

Senator Hargrove moved that the following amendment by Senators Haugen, Franklin, Long, Prince, Goings, Zarelli, Owen, Hargrove, Kohl, Schow and Fairley be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of this act to make improvements to the guardian and guardian ad litem systems currently in place for the protection of minors and incapacitated persons.

Sec. 2. RCW 2.56.030 and 1994 c 240 s 1 are each amended to read as follows:

The administrator for the courts shall, under the supervision and direction of the chief justice:

(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;

(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;

(11) Administer programs and standards for the training and education of judicial personnel;

(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature ((by January 1, 1989)). It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;

(13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;

(14) Attend to such other matters as may be assigned by the supreme court of this state;

(15) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers ((by July 1, 1988. The curriculum shall)) and be updated yearly to reflect changes in statutes, court rules, or case law;

(16) Develop, in consultation with the entities set forth in section 3(3) of this act, a comprehensive state-wide curriculum for all persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;

(17) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be ((completed and)) made available to all superior court and court of appeals judges and to all justices of the supreme court ((by July 1, 1989));

(((17))) (18) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be ((completed and made)) available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel ((by October 1, 1993)). Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;

(((18))) (19) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required.

NEW SECTION. Sec. 3. A new section is added to chapter 2.56 RCW to read as follows:

(1) The administrator for the courts shall review the advisability of the state-wide mandatory use of court-appointed special advocates as described in RCW 26.12.175 to act as guardians ad litem in appropriate cases under Titles 13 and 26 RCW. The review shall include recommendations regarding the increase of court fees or assessments as necessary to fully fund implementation and continuation of the possible state-wide use of court-appointed special advocates.

(2) The administrator shall also conduct a study on the feasibility and desirability of requiring all persons who act as guardians ad litem under Titles 11, 13, and 26 RCW to be certified as qualified guardians ad litem prior to their eligibility for appointment.

(3) In conducting the review and study the administrator shall consult with: (a) The presidents or directors of all public benefit nonprofit corporations that are eligible to receive state funds under RCW 43.330.135; (b) the attorney general, or a designee; (c) the secretary of the department of social and health services, or a designee; (d) the superior court judges association; (e) the Washington state bar association; (f) public defenders who represent children under Title 13 or 26 RCW; (g) private attorneys who represent parents under Title 13 or 26 RCW; (h) professionals who evaluate families for the purposes of determining the custody or placement decisions of children; (i) the office of financial management; (j) persons who act as volunteer or compensated guardians ad litem; and (k) parents who have dealt with guardians ad litem in court cases. For the purposes of studying the feasibility of a certification requirement for guardians ad litem acting under Title 11 RCW the administrator shall consult with the advisory group formed under RCW 11.88.090.

NEW SECTION. Sec. 4. The review and study required under section 3 of this act shall be presented to the governor and to the legislature no later than December 1, 1996.

Sec. 5. RCW 4.08.060 and 1899 c 91 s 1 are each amended to read as follows:

When an ((insane)) incapacitated person, as defined in RCW 11.88.010, is a party to an action in the superior courts he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act as guardian ad litem. Said guardian shall be appointed as follows:

(1) When the ((insane)) incapacitated person is plaintiff, upon the application of a relative or friend of the ((insane)) incapacitated person.

(2) When the ((insane)) incapacitated person is defendant, upon the application of a relative or friend of such ((insane)) incapacitated person, such application shall be made within thirty days after the service of summons if served in the state of Washington, and if served out of the state or service is made by publication, then such application shall be made within sixty days after the first publication of summons or within sixty days after the service out of the state. If no such application be made within the time above limited, application may be made by any party to the action.

Sec. 6. RCW 8.25.270 and 1977 ex.s. c 80 s 12 are each amended to read as follows:

When it ((shall)) appears in any petition or otherwise at any time during the proceedings for condemnation brought pursuant to chapters 8.04, 8.08, 8.12, 8.16, 8.20, and 8.24 RCW((, each as now or hereafter amended,)) that any ((infant)) minor, or ((allegedly incompetent or disabled)) alleged incapacitated person, as defined in RCW 11.88.010, is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for ((such infant)) the minor or ((allegedly incompetent or disabled)) alleged incapacitated person to appear and assist in ((his, her or their)) the person's defense, unless a guardian or limited guardian has previously been appointed, in which case the duty to appear and assist shall be delegated to the properly qualified guardian or limited guardian. The court shall make such orders or decrees as it shall deem necessary to protect and secure the interest of the ((infant)) minor or ((allegedly incompetent or disabled)) alleged incapacitated person ((in the property sought to be condemned or the compensation which shall be awarded therefore)).

Sec. 7. RCW 11.16.083 and 1977 ex.s. c 234 s 1 are each amended to read as follows:

Notwithstanding any other provision of this title, no notice of any hearing in probate or probate proceeding need be given to any legally competent person who is interested in any hearing in any probate as an heir, legatee, or devisee of the decedent who has in person or by attorney waived in writing notice of such hearing or proceeding. Such waiver of notice may apply to either a specific hearing or proceeding, or to any and all hearings and proceedings to be held during the administration of the estate in which event such waiver of notice shall be of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy thereof to the personal representative and his or her attorney. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice thereof shall have waived such notice, the court may hear the matter forthwith. A guardian of the estate or a guardian ad litem may make such waivers on behalf of ((his incompetent)) an incapacitated person, as defined in RCW 11.88.010, and a trustee may make such waivers on behalf of any competent or ((incompetent)) incapacitated beneficiary of his or her trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make such waiver of notice on behalf of such person. Any person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice thereof.

Sec. 8. RCW 11.88.030 and 1995 c 297 s 1 are each amended to read as follows:

(1) Any person or entity may petition for the appointment of a qualified person, trust company, national bank, or nonprofit corporation authorized in RCW 11.88.020 ((as now or hereafter amended)) as the guardian or limited guardian of an incapacitated person. No liability for filing a petition for guardianship or limited guardianship shall attach to a petitioner acting in good faith and upon reasonable basis. A petition for guardianship or limited guardianship shall state:

(a) The name, age, residence, and post office address of the alleged incapacitated person;

(b) The nature of the alleged incapacity in accordance with RCW 11.88.010;

(c) The approximate value and description of property, including any compensation, pension, insurance, or allowance, to which the alleged incapacitated person may be entitled;

(d) Whether there is, in any state, a guardian or limited guardian, or pending guardianship action for the person or estate of the alleged incapacitated person;

(e) The residence and post office address of the person whom petitioner asks to be appointed guardian or limited guardian;

(f) The names and addresses, and nature of the relationship, so far as known or can be reasonably ascertained, of the persons most closely related by blood or marriage to the alleged incapacitated person;

(g) The name and address of the person or facility having the care and custody of the alleged incapacitated person;

(h) The reason why the appointment of a guardian or limited guardian is sought and the interest of the petitioner in the appointment, and whether the appointment is sought as guardian or limited guardian of the person, the estate, or both((, and why no alternative to guardianship is appropriate));

(i) A description of any alternate arrangements previously made by the alleged incapacitated person, such as trusts or powers of attorney, including identifying any guardianship nominations contained in a power of attorney, and why a guardianship is nevertheless necessary;

(j) The nature and degree of the alleged incapacity and the specific areas of protection and assistance requested and the limitation of rights requested to be included in the court's order of appointment;

(((j))) (k) The requested term of the limited guardianship to be included in the court's order of appointment;

(((k))) (l) Whether the petitioner is proposing a specific individual to act as guardian ad litem and, if so, the individual's knowledge of or relationship to any of the parties, and why the individual is proposed.

(2)(a) The attorney general may petition for the appointment of a guardian or limited guardian in any case in which there is cause to believe that a guardianship is necessary and no private party is able and willing to petition.

(b) Prepayment of a filing fee shall not be required in any guardianship or limited guardianship brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the incapacitated person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the incapacitated person, in which case the filing shall be waived.

(3) No filing fee shall be charged by the court for filing either a petition for guardianship or a petition for limited guardianship if the petition alleges that the alleged incapacitated person has total assets of a value of less than three thousand dollars.

(4)(a) Notice that a guardianship proceeding has been commenced shall be personally served upon the alleged incapacitated person and the guardian ad litem along with a copy of the petition for appointment of a guardian. Such notice shall be served not more than five court days after the petition has been filed.

(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the alleged incapacitated person that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on the issue of incapacity. Such notice shall be in substantially the following form and shall be in capital letters, double-spaced, and in a type size not smaller than ten-point type:

IMPORTANT NOTICE

PLEASE READ CAREFULLY

A PETITION TO HAVE A GUARDIAN APPOINTED FOR YOU HAS BEEN FILED IN THE . . . . . . COUNTY SUPERIOR COURT BY . . . . . . IF A GUARDIAN IS APPOINTED, YOU COULD LOSE ONE OR MORE OF THE FOLLOWING RIGHTS:

(1) TO MARRY OR DIVORCE;

(2) TO VOTE OR HOLD AN ELECTED OFFICE;

(3) TO ENTER INTO A CONTRACT OR MAKE OR REVOKE A WILL;

(4) TO APPOINT SOMEONE TO ACT ON YOUR BEHALF;

(5) TO SUE AND BE SUED OTHER THAN THROUGH A GUARDIAN;

(6) TO POSSESS A LICENSE TO DRIVE;

(7) TO BUY, SELL, OWN, MORTGAGE, OR LEASE PROPERTY;

(8) TO CONSENT TO OR REFUSE MEDICAL TREATMENT;

(9) TO DECIDE WHO SHALL PROVIDE CARE AND ASSISTANCE;

(10) TO MAKE DECISIONS REGARDING SOCIAL ASPECTS OF YOUR LIFE.

UNDER THE LAW, YOU HAVE CERTAIN RIGHTS.

YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER OF YOUR OWN CHOOSING. THE COURT WILL APPOINT A LAWYER TO REPRESENT YOU IF YOU ARE UNABLE TO PAY OR PAYMENT WOULD RESULT IN A SUBSTANTIAL HARDSHIP TO YOU.

YOU HAVE THE RIGHT TO ASK FOR A JURY TO DECIDE WHETHER OR NOT YOU NEED A GUARDIAN TO HELP YOU.

YOU HAVE THE RIGHT TO BE PRESENT IN COURT AND TESTIFY WHEN THE HEARING IS HELD TO DECIDE WHETHER OR NOT YOU NEED A GUARDIAN.

(5) All petitions filed under the provisions of this section shall be heard within sixty days unless an extension of time is requested by a party or the guardian ad litem within such sixty day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.

Sec. 9. RCW 11.88.045 and 1995 c 297 s 3 are each amended to read as follows:

(1)(a) Alleged incapacitated individuals shall have the right to be represented by counsel of their choosing at any stage in guardianship proceedings. The court shall provide counsel to represent any alleged incapacitated person at public expense when either: (i) The individual is unable to afford counsel, or (ii) the expense of counsel would result in substantial hardship to the individual, or (iii) the individual does not have practical access to funds with which to pay counsel. If the individual can afford counsel but lacks practical access to funds, the court shall provide counsel and may impose a reimbursement requirement as part of a final order. When, in the opinion of the court, the rights and interests of an alleged or adjudicated incapacitated person cannot otherwise be adequately protected and represented, the court on its own motion shall appoint an attorney at any time to represent such person. Counsel shall be provided as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks shall be presumed by a reviewing court to be inadequate time for consultation and preparation.

(b) Counsel for an alleged incapacitated individual shall act as an advocate for the client and shall not substitute counsel's own judgment for that of the client on the subject of what may be in the client's best interests. Counsel's role shall be distinct from that of the guardian ad litem, who is expected to promote the best interest of the alleged incapacitated individual, rather than the alleged incapacitated individual's expressed preferences.

(c) If an alleged incapacitated person is represented by counsel and does not communicate with counsel, counsel may ask the court for leave to withdraw for that reason. If satisfied, after affording the alleged incapacitated person an opportunity for a hearing, that the request is justified, the court may grant the request and allow the case to proceed with the alleged incapacitated person unrepresented.

(2) During the pendency of any guardianship, any attorney purporting to represent a person alleged or adjudicated to be incapacitated shall petition to be appointed to represent the incapacitated or alleged incapacitated person. Fees for representation described in this section shall be subject to approval by the court pursuant to the provisions of RCW 11.92.180.

(3) The alleged incapacitated person is further entitled to testify and present evidence and, upon request, entitled to a jury trial on the issues of his or her alleged incapacity. The standard of proof to be applied in a contested case, whether before a jury or the court, shall be that of clear, cogent, and convincing evidence.

(4) In all proceedings for appointment of a guardian or limited guardian, the court must be presented with a written report from a physician licensed to practice under chapter 18.71 or 18.57 RCW or licensed or certified psychologist selected by the guardian ad litem. If the alleged incapacitated person opposes the health care professional selected by the guardian ad litem to prepare the medical report, then the guardian ad litem must either use the health care professional selected by the alleged incapacitated person or obtain court approval, following a hearing, for the guardian ad litem's selection. The physician or psychologist shall have personally examined and interviewed the alleged incapacitated person within thirty days of preparation of the report to the court and shall have expertise in the type of disorder or incapacity the alleged incapacitated person is believed to have. The report shall contain the following information and shall be set forth in substantially the following format:

(a) The name and address of the examining physician or psychologist;

(b) The education and experience of the physician or psychologist pertinent to the case;

(d) A summary of the relevant medical, functional, neurological, psychological, or psychiatric history of the alleged incapacitated person as known to the examining physician or psychologist;

(e) The findings of the examining physician or psychologist as to the condition of the alleged incapacitated person;

(f) Current medications;

(g) The effect of current medications on the alleged incapacitated person's ability to understand or participate in guardianship proceedings;

(h) Opinions on the specific assistance the alleged incapacitated person needs;

(i) Identification of persons with whom the physician or psychologist has met or spoken regarding the alleged incapacitated person.

The court shall not enter an order appointing a guardian or limited guardian until a medical or psychological report meeting the above requirements is filed.

The requirement of filing a medical report is waived if the basis of the guardianship is minority.

Sec. 10. RCW 11.88.090 and 1995 c 297 s 4 are each amended to read as follows:

(1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180((, as now or hereafter amended,)) shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

(2) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

(a) Be free of influence from anyone interested in the result of the proceeding; and

(b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve each party with a statement including: His or her background and qualifications; his or her hourly rate, if compensated; and whether or not he or she is or has been a guardian or attorney in another action under Title 11, 13, or 26 RCW in which any of the attorneys for the parties were involved. Upon receipt of such statement, any party or the court may, within three days, move for substitution of the guardian ad litem upon a showing of lack of expertise necessary for the proceeding, an hourly rate higher than what is reasonable for the particular proceeding, or a conflict of interest.

No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (((5))) (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

(3)(a) The superior court of each county shall develop ((by September 1, 1991,)) and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian((s)) ad litem ((only)) a person((s)) whose name((s)) appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

(b) To be eligible for the registry a person shall:

(i) Present a written statement ((of)) outlining his or her background and qualifications ((describing)). The background statement shall include, but is not limited to, the following information:

(A) Level of formal education;

(B) Training related to the guardian's duties;

(D) Number of appointments as a guardian ad litem and the county or counties of appointment;

(E) Criminal history, as defined in RCW 9.94A.030; and

(F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

The written statement of qualifications shall include a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem; and

(ii) Complete ((a training program adopted by the court, or, in the absence of a locally adopted program, a candidate for inclusion upon the registry shall have completed a)) the model training program as described in (d) of this subsection.

(i) Train otherwise qualified human service professionals in those aspects of legal procedure and the requirements of chapters 11.88 and 11.92 RCW with which a guardian ad litem should be familiar;

(ii) Train otherwise qualified legal professionals in those aspects of medicine, social welfare, and social service delivery systems with which a guardian ad litem should be familiar.)) The background and qualification information shall be updated annually.

(d) ((The superior court of each county may approve a guardian ad litem training program on or before June 1, 1991.)) The department of social and health services((, aging and adult services administration,)) shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.

(e) ((Any)) The superior court ((that has not adopted a guardian ad litem training program by September 1, 1991,)) shall require utilization of ((a)) the model program developed by the advisory group as described in (d) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.

(4) ((The guardian ad litem's written statement of qualifications required by RCW 11.88.090(3)(b)(i) shall be made part of the record in each matter in which the person is appointed guardian ad litem.

(5))) The guardian ad litem appointed pursuant to this section shall have the following duties:

(a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

(b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

(i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

(ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

(d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

(e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

(f) To provide the court with a written report which shall include the following:

(i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

(ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

(iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

(iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

(v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

(((v))) (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

(((vi))) (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

(((vii))) (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and

(((viii))) (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.

Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least ((ten)) fifteen days before the hearing on the petition, ((unless an extension or reduction of time has been granted by the court for good cause,)) the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (((e)(vii))) (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

(((f))) (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.

(((6))) (5) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to ((RCW 11.88.090(5)(e) as now or hereafter amended)) subsection (4)(f) of this section.

(6) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

(7) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

(8) Any alternative arrangement executed prior to filing the petition shall remain effective unless the court, following notice and a hearing at which all parties directly affected by the arrangement are provided an opportunity to be heard, based on clear, cogent, and convincing evidence, orders otherwise.

(9) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.

(((9))) (10) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

(11) The guardian ad litem shall appear in person at the final hearing on the petition unless all parties provide a written waiver of the requirement to appear.

(12) At any hearing the court may consider whether or not any person who acts as a fiduciary has breached a statutory or fiduciary duty or is unable to continue.

Sec. 11. RCW 11.92.190 and 1977 ex.s. c 309 s 14 are each amended to read as follows:

No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an ((incompetent or disabled)) incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter 70.96A or 71.34 RCW.

Nothing in this section shall be construed to require a court order authorizing placement of an ((incompetent or disabled)) incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an ((incompetent or disabled)) incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.

NEW SECTION. Sec. 12. A new section is added to chapter 2.08 RCW to read as follows:

Except in judicial districts of less than one hundred thousand population, no attorney may serve as a superior court judge pro tempore in the same judicial district while serving as a guardian ad litem for compensation under Title 11, 13, or 26 RCW.

Sec. 13. RCW 13.34.100 and 1994 c 110 s 2 are each amended to read as follows:

(1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.

(2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.

(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:

(a) Level of formal education;

(b) Training related to the guardian's duties;

(d) Number of appointments as a guardian ad litem and the county or counties of appointment; and

(e) Criminal history, as defined in RCW 9.94A.030. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.

The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court, and immediately provided to the parties or their attorneys. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court and to the parties.

(4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.

(5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.

(6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.

(7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.

(8) When a court-appointed special advocate is requested on a case, the program shall give the court and the parties the name of the person it recommends. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate is not competent, the party may request a review of the appointment by the program. The program shall complete the review within five judicial days. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate.

Sec. 14. RCW 13.34.120 and 1994 c 288 s 2 are each amended to read as follows:

(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW ((13.34.030(2))) 13.34.030(4) (b) or (c) shall contain the following information:

(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;

(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;

(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

Sec. 15. RCW 26.12.175 and 1993 c 289 s 4 are each amended to read as follows:

(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

(b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report to the court concerning parenting arrangements for the child, and to represent the child's best interests. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.

(c) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.

(2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.

(b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.

(a) Level of formal education;

(b) Training related to the guardian's duties;

(d) Number of appointments as a guardian ad litem and county or counties of appointment; and

(4) When a court-appointed special advocate is requested on a case, the program shall give the court and the parties the name of the person it recommends. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate is not competent, the party may request a review of the appointment by the program. The program shall complete the review within five judicial days. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate.

Sec. 16. RCW 26.44.053 and 1994 c 110 s 1 are each amended to read as follows:

(1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings.

(2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the child.

(3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person's interest in and custody or control of the child.

NEW SECTION. Sec. 17. A new section is added to chapter 13.34 RCW to read as follows:

(1) All guardians ad litem appointed under this chapter, after January 1, 1998, shall have completed the comprehensive state-wide curriculum developed by the office of the administrator for the courts, under RCW 2.56.030(16), prior to their appointment.

(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.

(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

(c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.

(3) The rotational registry system shall not apply to court-appointed special advocate programs.

NEW SECTION. Sec. 18. A new section is added to chapter 26.12 RCW to read as follows:

(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.

(3) The rotational registry system shall not apply to court-appointed special advocate programs."

MOTION

Senator Fairley moved that the following amendments to the striking amendment be considered simultaneously and be adopted:

On page 19, at the beginning of line 20 of the amendment, strike "immediately provided to the parties or their attorneys" and insert "shall be made available to all parties"

On page 23, at the beginning of line 7 of the amendment, strike "immediately provided to the parties or their attorneys" and insert "shall be made available to all parties"

The President declared the question before the Senate to be the adoption of the amendments by Senator Fairley on page 19, at the beginning of line 20, and page 23, at the beginning of line 7, to the striking amendment by Senators Haugen, Franklin, Long, Prince, Goings, Zarelli, Owen, Hargrove, Kohl, Schow and Fairley to Substitute Senate Bill No. 6257.

The motion by Senator Fairley failed and the amendments to the striking amendment were not adopted on a rising vote.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Franklin, Long, Prince, Goings, Zarelli, Owen, Hargrove, Kohl, Schow and Fairley to Substitute Senate Bill No. 6257.

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

MOTIONS

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

On page 1, line 2 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 2.56.030, 4.08.060, 8.25.270, 11.16.083, 11.88.030, 11.88.045, 11.88.090, 11.92.190, 13.34.100, 13.34.120, 26.12.175, and 26.44.053; adding a new section to chapter 2.56 RCW; adding a new section to chapter 2.08 RCW; adding a new section to chapter 13.34 RCW; adding a new section to chapter 26.12 RCW; and creating new sections."

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6257 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. 6257.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6257 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

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

Voting nay: Senators Fairley and Thibaudeau - 2.

Absent: Senator McAuliffe - 1.

Excused: Senator Wood - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6257, 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. 6348, by Senators Oke, Owen, Prince, Wood, Loveland, McCaslin, Moyer, Hochstatter, Johnson and Hale

Facilitating smoother flow of traffic.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6348 was substituted for Senate Bill No. 6348 and the substitute bill was placed on second reading and read the second time.

Senator Heavey moved that the following amendment be adopted:

On page 2, line 16, after "call." insert "A high-occupancy vehicle lane is not considered the left-hand lane of a roadway."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Heavey on page 2, line 16, to Substitute Senate Bill No. 6348.

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

MOTION

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6348 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. 6348.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6348 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, 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 and Zarelli - 48.

Excused: Senator Wood - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6348, 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. 6285, by Senators Zarelli, Roach, Schow, Long, McCaslin, Morton, Hochstatter, Swecker, Hargrove, Hale, Strannigan, Oke, Wood, Finkbeiner, Deccio, Johnson, A. Anderson, Cantu, Moyer and West

Providing for disclosure of offenders' HIV test results to department of corrections and jail staff.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6285 was substituted for Senate Bill No. 6285 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl, the following amendments by Senators Kohl, Long, Zarelli and Hargrove were considered simultaneously and adopted:

On page 2, line 14, after "chapter." insert "However, the legislature recognizes that the mandatory disclosure of the HIV status of individual offenders may cause some corrections and jail staff to use more precautions with those offenders and detained people they know to be HIV positive. The legislature also recognizes the risk exists that some corrections and jail staff may correspondingly use fewer precautions with those offenders and detained people they are not informed are HIV positive. The legislature finds, however, that the system of universal precautions required under federal and state law in all settings where risk of occupational exposure to communicable diseases exists remains the most effective way to reduce the risk of communicable disease transmission. The legislature does not intend to discourage the use of universal precautions but to provide supplemental information for corrections and jail staff to utilize as part of their universal precautions with all offenders and detained people."

On page 6, after line 4, insert the following:

"(d) The receipt by any individual of any information disclosed pursuant to this subsection shall be utilized only for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. Use of this information for any other purpose, including harassment or discrimination, may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law."

MOTION

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6285 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. 6285.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6285 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 41.

Voting nay: Senators Fairley, Kohl, Pelz, Rinehart, Sheldon, Smith, Thibaudeau and Wojahn - 8.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6285, 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. 6230, by Senators Kohl, Fairley and Thibaudeau

Requiring reporting of actions taken against out-of-home care providers.

MOTION

Senator Hargrove moved that Second Substitute Senate Bill No. 6230 be substituted for Senate Bill No. 6230 and the second substitute bill be placed on second reading and read the second time.

POINT OF ORDER

Senator West: "A point of order. I challenge the scope and object of the second substitute bill. The original bill, Senate Bill No. 6230, addressed action that the Department of Social and Health Services must take when denying, revoking or nonrenewing the licenses of out-of-home providers. It added two new sections to RCW 74.15, the statute that it addresses--licensure of out-of-home providers. The first new section requires the Secretary of DSHS to report to a targeting group of individuals and organizations of the denial of the license or a suspension, revocation or nonrenewable of license.

"If later, the facts permit otherwise, the Secretary is required to then notify the public of the exoneration of the provider. The second new section requires that the department compile quarterly reports, summarizing complaints filed against family day-care providers and day-care centers and specifies what the report should contain and who may receive a copy. The underlying bill also amended RCW 74.13.090, the statute creating the child care coordinating committee to add a new responsibility.

"The second substitute changes the bill substantially. It delves into new areas that were not addressed in the underlying bill. It makes sufficient amendments to RCW 43.43, which was not in the original bill. That's the RCW dealing with the State Patrol. It also required the committee to amend the title in order to bring this new section of law in. It permits the State Patrol to release criminal background information to specific groups, permits discretionary background checks of employees, licensees and volunteers. It expands the scope of the bill to encompass all organizations who interact with children. It also addresses whether or not people who have access to this or people who are subject to these background checks are paid or volunteers. The added portions do not address licensing as in the original bill and therefore, Mr. President, the second substitute greatly broadens the scope of the original bill."

PARLIAMENTARY INQUIRY

Senator Hargrove: "I have a point of parliamentary inquiry, I guess, right now. Can more than one make a rebuttal to this or is--?"

REPLY BY THE PRESIDENT

President Pritchard: "Well, anybody that has a--"

Senator Hargrove: "A comment, okay."

President Pritchard: "If it gets clear out of line, I will--"

Senator Hargrove: "I just wanted to make sure that my comments did not preclude Senator Kohl's comments on this."

President Pritchard: "You want to include, Senator who?"

Senator Hargrove: "I said that I did not want my comments to preclude Senator Kohl's comments on the scope ruling, if I spoke. I want to make sure that is clear."

President Pritchard: "Well, this chairman is going to be a little different than some you have had around here. If somebody wants to comment on it, I'll let it--if it doesn't get out of line."

Senator Hargrove: "It's very brief."

Further debate ensued.

There being no objection, the President deferred further consideration of Senate Bill No. 6230.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 6635, by Senators Morton and Drew

Concerning application permits for small public works projects mines.

The bill was read the second time.

MOTIONS

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

On page 1, line 18, after "area" insert "per mine"

On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 6635 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 Senate Bill No. 6635.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6635 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, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, 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 McAuliffe - 1.

ENGROSSED SENATE BILL NO. 6635, 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. 5700, by Senators Owen, Prince, Heavey, Wood, Kohl and Deccio

Requiring replacement of old license plates.

MOTIONS

On motion of Senator Owen, Second Substitute Senate Bill No. 5700 was substituted for Senate Bill No. 5700 and the second substitute bill was placed on second reading and read the second time.

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

On page 2, line 32, after "required." insert the following:

"Sec. 3. RCW 46.16.313 and 1995 3rd sp.s. c 1 s 103 are each amended to read as follows:

(1) If the requesting party chooses not to set an additional fee as provided in subsection (3) of this section, the department may establish a fee for each type of special license plates issued under RCW 46.16.301(((1) (a), (b), or (c))) in an amount calculated to offset the cost of production of the special license plates and the administration of this program. The fee shall not exceed thirty-five dollars and is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

(2) ((In addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

(3) In addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.)) The department shall estimate its costs, both direct and indirect, to create, design, and procure the first minimum order for materials and production of special license plates authorized under RCW 46.16.301. The requesting party shall pay the department the estimated costs associated with the first minimum order and maintenance of a minimum inventory for additional sales upon the department authorizing the special license plate series. Payments from the requesting parties shall be deposited in a dedicated special license plate account within the motor vehicle fund. Payments deposited in the dedicated special license plate account are earmarked for production of the requested license plate series and are to be returned to the department's current biennium operating budget. The department shall develop a form to facilitate the presale of special license plates by requesting parties.

(3) The department may collect, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, an additional fee from the holder of a special license plate. The additional fee will be set by the party requesting issuance of the special license plate series. If the requesting party chooses not to set an additional fee, the fee authorized in subsection (1) of this section applies. The state treasurer, upon request of the department, may create accounts for deposit of the additional fees. The department shall remit the additional fees to the state treasurer with a proper identifying report. The state treasurer shall credit the funds to the appropriate account and remit the proceeds to the requesting party on a quarterly basis. No appropriations are required for expenditures from the accounts created under this subsection.

NEW SECTION. Sec. 4. Section 3 of this act takes effect January 1, 1997, but the department of licensing and the state treasurer shall take all steps necessary before that date in order that this act may be fully implemented upon that date."

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Thibaudeau and Owen on page 2, line 32, to Second Substitute Senate Bill No. 5700.

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

MOTIONS

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

On page 1, line 2 of the title, after "46.16.270" strike "; and adding a new section to chapter 46.16 RCW" and insert "and 46.16.313; adding a new section to chapter 46.16 RCW; and providing an effective date"

On motion of Senator Owen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5700 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 Engrossed Second Substitute Senate Bill No. 5700.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5700 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, Hochstatter, Johnson, Kohl, Long, McAuliffe, McDonald, Morton, 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 Loveland and McCaslin - 2.

Absent: Senator Moyer - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5700, 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. 6107, by Senators Winsley, Sheldon and Haugen

Harmonizing various election procedures.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6107 was substituted for Senate Bill No. 6107 and the substitute bill was placed on second reading and read the second time.

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

On page 4, after line 18, insert the following:

"Sec. 5. RCW 85.38.110 and 1991 c 349 s 13 are each amended to read as follows:

A list of presumed eligible voters shall be prepared and maintained by each special district. The list shall include the assessor's tax number for each lot or parcel in the district, the name or the names of the owners of such lots and parcels and their mailing address, the extent of the ownership interest of such persons, and if such persons are natural persons, whether they are known to be registered voters in the state of Washington. Whenever such a list is prepared, the district shall attempt to notify each owner of the requirements necessary to establish voting authority to vote. Whenever lots or parcels in the district are sold, the district shall attempt to notify the purchasers of the requirements necessary to establish voting authority. Each special district shall provide a copy of this list, and any revised list, to the auditor of the county within which all or the largest portion of the special district is located. The special district must compile the list of eligible voters and provide it to the county auditor by the first day of November preceding the special district general election. In the event the special district does not provide the county auditor with the list of qualified voters by this date, the county auditor shall compile the list and charge the special district for the costs required for its preparation. ((The county auditor shall not be held responsible for any errors in the list.))"

MOTIONS

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

On page 1, line 2 of the title, after "29.30.101," strike "and" and after "29.36.013" insert ", and 85.38.110"

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6107 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. 6107.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6107 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6107, 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. 6423, by Senators Sutherland, Finkbeiner and Sheldon (by request of Secretary of State Munro)

Creating the Washington electronic authentication act.

The bill was read the second time.

MOTIONS

On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendment was adopted:

On page 1, line 6, after "Washington" strike "digital signature" and insert "electronic authentication"

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

On page 7, line 16, strike "secretary of state's revolving fund" and insert "state general fund"

MOTION

On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 6423 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. 6423.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6423 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting nay: Senator Zarelli - 1.

ENGROSSED SENATE BILL NO. 6423, 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. 6669, by Senators Thibaudeau, Drew, Pelz, Smith and Kohl

Prohibiting excessive charges for products and services because of the customer's sex.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 6669 was substituted for Senate Bill No. 6669 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that sex discrimination in any form is unjust and intolerable, and should be eliminated wherever it occurs. There is concern, however, that persons in this state are required to pay more for certain services solely because of their gender. It is the intent of the legislature to identify whether and to what extent such discrimination occurs in this state so that these concerns can be appropriately addressed.

NEW SECTION. Sec. 2. The senate labor, commerce and trade committee shall conduct an interim study to identify any services for which consumers in Washington are charged different prices based solely on the gender of the person purchasing the service. For each service identified, the study shall determine how frequently this practice occurs, and the average amount of the price difference in each occurrence. Price differences based specifically upon the amount of time, difficulty, or cost of providing a particular service shall not be considered."

MOTIONS

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

On page 1, line 2 of the title, after "sex;" strike the remainder of the title and insert "and creating new sections."

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 6669 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, Senator Rinehart was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6669.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6669 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Drew, Fairley, Franklin, Fraser, Hale, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Prince, Quigley, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley, Wojahn and Wood - 26.

Voting nay: Senators Bauer, Cantu, Deccio, Finkbeiner, Goings, Hargrove, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Rasmussen, Roach, Schow, Sellar, Strannigan, Swecker, West and Zarelli - 22.

Excused: Senator Rinehart - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6669, 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. 6524, by Senators Deccio, Prince, Newhouse, Sellar, Morton, Hochstatter, Hale, Owen and Loveland

Adjusting tire factors for vehicle maximum gross weights.

The bill was read the second time.

MOTION

On motion of Senator Owen, the rules were suspended, Senate Bill No. 6524 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. 6524.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6524 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., 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, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator Bauer - 1.

Excused: Senator Rinehart - 1.

SENATE BILL NO. 6524, 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 Senate Bill No. 6230 and the pending motion by Senator Hargrove to second substitute the bill, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator West to the motion by Senator Hargrove to second substitute Senate Bill No. 6230, the President finds that Senate Bill No. 6230 is a measure which, among other things, defines a procedure to be followed by the Department of Social and Health Services for dissemination and publication of actions which deny, suspend, or revoke licenses of out-of-home care providers.

"Second Substitute Senate Bill No. 6230 would, in addition, authorize the State Patrol to release criminal background information on a broad group of defined employees and volunteers to specified businesses and organizations.

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

The motion by Senator Hargrove to second substitute Senate Bill No. 6230 was ruled out of order.

MOTION

On motion of Senator Spanel, further consideration of Senate Bill No. 6230 was deferred.

MOTION

At 10:05 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 11:13 p.m. by President Pritchard.

MOTION

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

SENATE RESOLUTION 1996-8692

By Senators Rasmussen, Goings, McAuliffe, Sutherland, Johnson, Sheldon, Snyder, Bauer, Spanel and Kohl

WHEREAS, The economy of the state of Washington is comprised of diverse activities engaged in by people of varying interests and talents from all walks of life; and

WHEREAS, Vocational education is vital to the success of our state as an economic leader; and

WHEREAS, Vocational education is not relegated solely to the higher education system, but begins in Washington's secondary schools; and

WHEREAS, High school vocational education in Washington is ably represented by Vocational Student Organizations; and

WHEREAS, Vocational Student Organizations is comprised of VICA (Vocational Industrial Clubs of America), FFA, FBLA (Future Business Leaders of America), FHA-HERO (Future Homemakers of America), and DECA (Distributive Education Clubs of America); and

WHEREAS, These organizations represent more than 27,000 students from all corners of our state; and

WHEREAS, Through their involvement in their vocational activities, these students are learning skills not necessarily available to them in the conventional classroom setting; and

WHEREAS, They are training to become better workers, better leaders, better problem-solvers and decision-makers, as well as better citizens; and

WHEREAS, Their activities are supported by true public/private partnerships that allow private enterprise to become more fully involved with public schools in shaping the future of our economy and its entrepreneurs and workforce; and

WHEREAS, These active, forward-thinking, and creative young people are blazing the trail into the future for our state; and

WHEREAS, Their initiative and leadership today will no doubt inspire many others tomorrow and in the years ahead; and

WHEREAS, Their example of personal responsibility and of creating opportunity is one that all citizens would do well to emulate;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Senate of the state of Washington do hereby recognize and honor the hard work and dedication of the state officers of VIA, DECA, FHA, FFA, and FBLA here present and the more than 27,000 members they represent, as well as Vocational Student Organizations and its chairperson, Charlotte Crimmins, who is also the state director of VIA, and thank them all for their efforts on behalf of themselves and their future, as well as the future of the great state of Washington; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit copies of this resolution to each of the aforementioned organizations.

Senators Rasmussen and McAuliffe spoke to Senate Resolution 1996-8692.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the members of the vocational student organizations, who were seated in the gallery.

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

SECOND READING

SUBSTITUTE SENATE BILL NO. 5053, by Senate Committee on Government Operations (originally sponsored by Senators Haugen and Winsley)

Modifying real estate disclosure provisions.

MOTIONS

On motion of Senator Sheldon, Second Substitute Senate Bill No. 5053 was substituted for Substitute Senate Bill No. 5053 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Sheldon, the rules were suspended, Second Substitute Senate Bill No. 5053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Hochstatter, Senator Cantu was excused.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5053.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, 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 - 47.

Absent: Senator Hargrove - 1.

Excused: Senator Cantu - 1.

SECOND SUBSTITUTE SENATE BILL NO. 5053, 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. 6614, by Senators Pelz, Sutherland and Heavey

Modifying provisions that concern builders and contractors.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 6614 was substituted for Senate Bill No. 6614 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 6614 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. 6614.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6614 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, 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 - 46.

Voting nay: Senators Heavey and McDonald - 2.

Excused: Senator Anderson, A. - 1.

SUBSTITUTE SENATE BILL NO. 6614, 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. 6516, by Senators McAuliffe, Rinehart, Drew and Winsley (by request of Joint Select Committee on Education Restructuring, Board of Education and Commission on Student Learning)

Changing the timelines for development and implementation of the student assessment system.

MOTION

Senator McAuliffe moved that Substitute Senate Bill No. 6516 be substituted for Senate Bill No. 6516 and the substitute bill be placed on second reading and read the second time.

POINT OF ORDER

Senator Johnson: "A point of order, Mr. President. I would like to challenge the scope and object of the substitute bill--6516. The original bill, brought to the committee, dealt only with modifying the timelines of assessments for reading, writing, communications and math. The original bill did not speak to the development of the essential academic learning requirements or whether the assessment system should be voluntary, but rather only extending those deadlines and providing the Commission on Student Learning with certain responsibilities.

"The substitute bill, on the other hand, covers not only those subjects, but also provides that the assessments be voluntary, which is an entirely new issue and subject and provides that the Commission may modify the essential academic learning requirements, which, again, is entirely new to the bill. And furthermore, it directs that the academic learning requirements be modified and the timelines in other areas extended."

Further debate ensued.

There being no objection, the President deferred further consideration of Senate Bill No. 6516.

SECOND READING

SENATE BILL NO. 6544, by Senators Smith and McCaslin

Regulating bail bond agency branch offices.

The bill was read the second time.

MOTION

Senator Pelz moved that the following amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 18.185.010 and 1993 c 260 s 2 are each amended to read as follows:

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

(1) "Department" means the department of licensing.

(2) "Director" means the director of licensing.

(3) "Collateral or security" means property of any kind given as security to obtain a bail bond.

(4) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to insure the appearance of a criminal defendant before the courts of this state or the United States.

(5) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license.

(6) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds.

(7) "Licensee" means a bail bond agency or a bail bond agent or both.

(8) "Branch office" means any location physically separated from the principal place of business of the licensee from which the licensee or an employee or agents conduct any activity meeting the criteria of bail bond agency.

NEW SECTION. Sec. 2. A new section is added to chapter 18.185 RCW to read as follows:

A branch office may not operate under a business name other than the name of the principal bail bond agency and must have a qualified bail bond agent as manager of the office. The qualified agent shall comply with the provisions of RCW 18.185.100.

Sec. 3. RCW 18.185.100 and 1993 c 260 s 11 are each amended to read as follows:

(1) Every qualified agent shall keep adequate records for three years of all collateral and security received, all trust accounts required by this section, and all bail bond transactions handled by the bail bond agency, as specified by rule. The records shall be open to inspection without notice by the director or authorized representatives of the director.

(2) Every qualified agent who receives collateral or security is a fiduciary of the property and shall keep adequate records for three years of the receipt, safekeeping, and disposition of the collateral or security. Every qualified agent shall maintain a trust account in a federally insured financial institution located in this state. All moneys, including cash, checks, money orders, wire transfers, and credit card sales drafts, received as collateral or security or otherwise held for a bail bond agency's client shall be deposited in the trust account not later than the third banking day following receipt of the funds or money. A qualified agent shall not in any way encumber the corpus of the trust account or commingle any other moneys with moneys properly maintained in the trust account. Each qualified agent required to maintain a trust account shall report annually under oath to the director the account number and balance of the trust account, and the name and address of the institution that holds the trust account, and shall report to the director within ten business days whenever the trust account is changed or relocated or a new trust account is opened.

(3) Whenever a bail bond is exonerated by the court, the ((bail bond agency)) qualified agent shall, within five business days after written notification of exoneration and upon written demand, return all collateral or security to the person entitled thereto.

NEW SECTION. Sec. 4. A new section is added to chapter 18.185 RCW to read as follows:

If a licensee maintains a branch office, the licensee shall not operate that branch office until a branch office license has been received from the director. A bail bond agency may apply to the director for authority to establish one or more branch offices under the same name as the main office upon the payment of a fee as prescribed by the director by rule. The director shall issue a duplicate license for each branch office showing the location of each branch which shall be prominently displayed in the office for which it is issued. A corporation, partnership, or sole proprietorship shall not establish more than one principal office within this state."

POINT OF INQUIRY

Senator Morton: "Senator Pelz, as I look at this, I shudder a little bit. I don't know of any of these being in many of our remote counties. Do you know how this would affect, for example, the counties that do not have any bonding people within them?"

Senator Pelz: "I have had this explained to me a couple of times, but I am not sure I can give you a quick answer. The proponents have encouraged me that it does not affect access to bail bonds in rural counties. I am afraid I can't state it any more specifically. Apparently, there are two kinds of bail bonds that are dealt with. There are those that a consumer can get out of the Yellow Pages and there are those that are referred by the county officers. This is dealing more with the bail bonds that are in the Yellow Pages. It does not affect the availability of the bail bonds that are referred by the county."

Senator Morton: "Thank you, Senator."

Further debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Pelz to Senate Bill No. 6544.

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

MOTIONS

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

On page 1, line 1 of the title, after "offices;" strike the remainder of the title and insert "amending RCW 18.185.010 and 18.185.100; and adding new sections to chapter 18.185 RCW."

On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 6544 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 Senate Bill No. 6544.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6544 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; 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, 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 - 47.

Voting nay: Senators Morton and Newhouse - 2.

ENGROSSED SENATE BILL NO. 6544, 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. 6701, by Senators Fraser and Wood

Improving public transportation connections.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6701 was substituted for Senate Bill No. 6701 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature declares it to be of significant benefit to citizens of the state to improve public transportation connections among the major activity centers in the central Puget Sound area. The activity centers include major transportation centers, major work and commercial sites, cultural and sports facilities, and political centers, including the state capital.

The legislature finds that there are many public transportation services being provided in the region that, if better coordinated and if more information were readily attainable, mobility would be enhanced for persons traveling in the region. This would occur not only for those using public transportation systems but for those who would benefit in terms of reduced congestion on highways and other modes.

It is the intent of the legislature, through this act and other supporting activities to enhance the coordination of existing public transportation services in the region as well as to provide for new initiatives to enhance service levels, improve cross-jurisdictional services, facilitate the travel on public conveyances throughout the region and reduce impediments to travel among areas in the region. It is the legislature's intent to provide better information to the traveling public, to include the private sector in the enhanced mobility approaches, and to facilitate the use of new technologies for fare collection and information to the extent practical.

NEW SECTION. Sec. 2. A new section is added to chapter 47.26 RCW to read as follows:

(1) The transportation improvement board, in consultation with the department of transportation, shall develop a grant process for projects and programs by public and private agencies to enhance mobility on public conveyance in the four most populous contiguous counties connected by an interstate highway. (2) The purpose of the grants is to enhance the information available regarding public transportation services in the region along corridors where there is a significant state interest.

(3) The transportation improvement board shall develop requirements for matching grants issued under this section with the intent of encouraging participation of other agencies or parties. However, for public agencies applying for such grants, those agencies must have a local minimum matching requirement of twenty percent.

NEW SECTION. Sec. 3. A new section is added to chapter 47.08 RCW to read as follows:

The intercity passenger account is created in the transportation fund. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to enhance the connectivity of passenger services in the four most populous contiguous counties connected by an interstate highway in the state, between and among transportation providers serving corridors where there is significant state interest.

Sec. 4. RCW 35.58.250 and 1965 c 7 s 35.58.250 are each amended to read as follows:

(1) Except in accordance with an agreement made as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the metropolitan transportation function, no person or private corporation shall operate a local public passenger transportation service within the metropolitan area with the exception of:

(a) Taxis((, busses));

(b) Buses owned or operated by a school district or private school((, and busses));

(c) Buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged ; and

(d) Buses owned or operated by another municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries.

(2) An agreement may be entered into between the metropolitan municipal corporation and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the metropolitan area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Where any such local public passenger transportation service will be required to cease to operate within the metropolitan area, the commission may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the commission shall condemn such assets in the manner provided herein for the condemnation of other properties.

(3) Wherever a privately owned public carrier operates wholly or partly within a metropolitan municipal corporation, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

Sec. 5. RCW 35.92.060 and 1995 c 42 s 1 are each amended to read as follows:

A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain, operate, or lease cable, electric, and other railways, automobiles, motor cars, motor buses, auto trucks, and any and all other forms or methods of transportation of freight or passengers within the corporate limits of the city or town, and a first class city may also construct, purchase, acquire, add to, alter, maintain, operate, or lease cable, electric, and other railways beyond those corporate limits only within the boundaries of the county in which the city is located and of any adjoining county, for the transportation of freight and passengers above, upon, or underneath the ground. It may also fix, alter, regulate, and control the fares and rates to be charged therefor; and fares or rates may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens, handicapped persons, and students. Without the payment of any license fee or tax, or the filing of a bond with, or the securing of a permit from, the state, or any department thereof, the city or town may engage in, carry on, and operate the business of transporting and carrying passengers or freight for hire by any method or combination of methods that the legislative authority of any city or town may by ordinance provide, with full authority to regulate and control the use and operation of vehicles or other agencies of transportation used for such business except for buses owned or operated by another municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries.

Sec. 6. RCW 36.57A.100 and 1977 ex.s. c 44 s 4 are each amended to read as follows:

(1) Except in accordance with an agreement made as provided in this section or in accordance with the provisions of RCW 36.57A.090(3) ((as now or hereafter amended)), upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service within the public transportation benefit area with the exception of:

(a) Taxis((,));

(b) Buses owned or operated by a school district or private school((, and));

(c) Buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged ; and

(2) An agreement may be entered into between the public transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the public transportation benefit area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such local public passenger transportation service will be required to cease to operate within the public transportation benefit area, the public transportation benefit area authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the public transportation benefit area authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.

(3) Wherever a privately owned public carrier operates wholly or partly within a public transportation benefit area, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

Sec. 7. RCW 81.112.090 and 1992 c 101 s 9 are each amended to read as follows:

Except in accordance with an agreement made as provided in this section, upon the date an authority begins high capacity transportation service, no person or private corporation may operate a high capacity transportation service within the authority boundary with the exception of: (1) Services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged; and (2) buses owned or operated by a municipality, as defined in RCW 35.58.272, operating along regional bus routes that cross one or more jurisdictional boundaries between municipalities located in the four most populous contiguous counties connected by an interstate highway, that may include stops in the routes to embark and disembark passengers, if those routes emanate or terminate within that municipality's boundaries, and if any part of the service area of the municipality is not included in the boundaries of the authority.

The authority and any person or corporation legally operating a high capacity transportation service wholly within or partly within and partly without the authority boundary on the date an authority begins high capacity transportation service may enter into an agreement under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement. Such agreement shall provide for a periodic review of the terms and conditions contained therein. Where any such high capacity transportation service will be required to cease to operate within the authority boundary, the authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, an authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with this chapter.

Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

NEW SECTION. Sec. 8. Municipalities in the state, as defined in RCW 35.58.272, that are located in the four most populous contiguous counties connected by an interstate highway, shall prepare and distribute by July 1, 1997, a brochure providing scheduling information that shall address methods to travel among the counties on public conveyances. This document shall address, at minimum, interconnecting bus schedules operated by those municipalities, intercity bus operations, aeroporter services, passenger trains, and ferry system connections. This document shall be made available to the public in order to facilitate the use of those providers in the travel of persons throughout the region.

NEW SECTION. Sec. 9. The department of transportation in cooperation with the department of general administration and other appropriate jurisdictions shall evaluate the feasibility of establishment of a pilot project to provide shuttle services connecting the state capitol with major state government destination sites and other appropriate facilities in the central Puget Sound region. The department of transportation shall report back to the legislature its findings by December 1, 1996.

NEW SECTION. Sec. 10. It is the intent of the legislature that municipalities, as defined in RCW 35.58.272 and located within the four most populous contiguous counties connected by an interstate highway, work together to develop policies and joint operating agreements to facilitate transportation between and among those jurisdictions and to facilitate opportunity for travel by public transportation within the region. These policies and agreements shall address, but not be limited to: (1) Improved transit connections among those municipalities; (2) improved transit connections with other transportation providers including the state ferry system; (3) reduction in the use of nonproductive resources such as empty backhauls and closed door service necessitated by another jurisdiction; (4) adoption of fare collection policies designed to facilitate interjurisdictional regional travel; and (5) improved information for riders connecting between systems.

Should those municipalities described in this section develop policies consistent with the intent of this section, it is further the intent of the legislature to delay the effective date of sections 4 through 7 of this act.

NEW SECTION. Sec. 11. Sections 4 through 7 of this act take effect July 1, 1997.

NEW SECTION. Sec. 12. If specific funding for the purposes of this act, referring to this act by bill or chapter number, is not provided for in a transportation appropriations act in 1996 that is enacted, this act is null and void."

MOTIONS

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

On page 1, line 1 of the title, after "transportation;" strike the remainder of the title and insert "amending RCW 35.58.250, 35.92.060, and 36.57A.100, and 81.112.090; adding a new section to chapter 47.26 RCW; adding a new section to chapter 47.08 RCW; creating new sections; and providing an effective date."

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6701 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. 6701.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6701 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6701, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE SENATE BILL NO. 5530, by Senate Committee on Law and Justice (originally sponsored by Senators Smith, Roach, Rasmussen and Winsley)

Authorizing the use of automated traffic enforcement systems.

MOTIONS

On motion of Senator Smith, Second Substitute Senate Bill No. 5530 was substituted for Engrossed Substitute Senate Bill No. 5530 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Second Substitute Senate Bill No. 5530 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 Morton: "Senator Smith, I am not at all familiar with these devices. Is there a way to accurately determine the driver of the vehicle, rather than just the vehicle itself? I can see where the driver is the one responsible and I am wondering if that is clear as to the identity of the driver?"

Senator Smith: "The way we handle that in this bill is, essentially, if you say you were not the person driving it, then you don't get the ticket. You sign an affidavit and send it back in saying, 'It wasn't me.' That is the end of the story.

"Now, the way the pictures are taken, you can't be guaranteed in every incident, that you are going to be able to get the identity. Most of the time you are. The police enforcing this will randomly check to see if, in fact, they do have the picture of the person who says it wasn't them and enforce it that way. But, if you sign an affidavit saying it wasn't you--that protection was put in by Senator Hargrove in committee--to try and protect those people under that circumstance. That is what we tried to do in that situation."

Further debate ensued.

MOTION

On motion of Senator Hochstatter, Senator Anderson was excused.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5530.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5530 and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 24; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Drew, Fairley, Fraser, Goings, Hargrove, Haugen, Long, Loveland, McDonald, Moyer, Newhouse, Oke, Owen, Prince, Quigley, Rasmussen, Smith, Snyder, Spanel, Strannigan, Sutherland, Winsley and Wojahn - 24.

Voting nay: Senators Cantu, Deccio, Finkbeiner, Franklin, Hale, Heavey, Hochstatter, Johnson, Kohl, McAuliffe, McCaslin, Morton, Pelz, Prentice, Rinehart, Roach, Schow, Sellar, Sheldon, Swecker, Thibaudeau, West, Wood and Zarelli - 24.

Excused: Senator Anderson, A. - 1.

SECOND SUBSTITUTE SENATE BILL NO. 5530, having failed to receive the constitutional majority, was declared lost.

SECOND READING

SENATE BILL NO. 6507, by Senators Drew, Bauer, Wood, Loveland, Prince, Sheldon, Hale, McAuliffe, Snyder, Finkbeiner, Rinehart, West, Rasmussen, Winsley, Kohl and Goings

Creating the Washington higher education loan program.

MOTIONS

On motion of Senator Drew, Second Substitute Senate Bill No. 6507 was substituted for Senate Bill No. 6507 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Second Substitute Senate Bill No. 6507 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, Senator Goings was excused.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6507.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6507 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, 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 - 47.

Excused: Senators Anderson, A. and Goings - 2.

SECOND SUBSTITUTE SENATE BILL NO. 6507, 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. 6684, by Senators McAuliffe, Johnson, Goings, Finkbeiner, Pelz, Rasmussen, Fairley, Hochstatter, Bauer and Winsley

Authorizing student transportation funding for students living within one mile of the school.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6684 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. 6684.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6684 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

Voting yea: Senators 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, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Absent: Senators Pelz and Prince - 2.

Excused: Senator Anderson, A. - 1.

SENATE BILL NO. 6684, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 12:18 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.

The Senate was called to order at 1:10 p.m. by President Pritchard.

SECOND READING

SECOND SUBSTITUTE SENATE BILL NO. 5159, by Senate Committee on Ways and Means (originally sponsored by Senators Owen, Oke, Haugen and Hochstatter)

Creating the warm water game fish enhancement program.

MOTIONS

On motion of Senator Drew, Fourth Substitute Senate Bill No. 5159 was substituted for Second Substitute Senate Bill No. 5159 and the fourth substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Fourth Substitute Senate Bill No. 5159 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTIONS

On motion of Senator Thibaudeau, Senator Rasmussen was excused.

On motion of Senator Anderson, Senators Finkbeiner, McCaslin and Prince were excused.

The President declared the question before the Senate to be the roll call on the final passage of Fourth Substitute Senate Bill No. 5159.

ROLL CALL

The Secretary called the roll on the final passage of Fourth Substitute Senate Bill No. 5159 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Quigley, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42.

Absent: Senators Rinehart, Snyder and Wojahn - 3.

Excused: Senators Finkbeiner, McCaslin, Prince and Rasmussen - 4.

FOURTH SUBSTITUTE SENATE BILL NO. 5159, 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. 6753, by Senators Oke, Prince, Prentice, Sheldon, Swecker, Wojahn, Deccio, Schow, A. Anderson, Sellar, Winsley, Strannigan, Finkbeiner, Moyer, McDonald, Haugen, Wood and Rasmussen

Improving the Tacoma Narrows bridge.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6753 was substituted for Senate Bill No. 6753 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Oke, the following amendment by Senators Owen and Oke was adopted:

On page 6, beginning on line 19, strike all of section 2

MOTIONS

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

On page 1, line 3 of the title, after "program;" strike the remainder of the title and insert "and amending RCW 47.46.030."

On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 6753 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTIONS

On motion of Senator Sheldon, Senators Rinehart and Snyder were excused.

On motion of Senator Anderson, Senator Wood was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6753.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6753 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

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

Absent: Senator Newhouse - 1.

Excused: Senators Finkbeiner, McCaslin, Rinehart, Snyder and Wood - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6753, 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. 6390, by Senators Smith, Johnson, Haugen, Schow, Long, Fairley, Wood, Prince and Heavey

Regulating interception of communications.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 6390 was substituted for Senate Bill No. 6390 and the substitute bill was placed on second reading and read the second time.

Senator Smith moved that the following amendment by Senators Smith and Hargrove be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.73.070 and 1994 c 49 s 1 are each amended to read as follows:

(1) The provisions of this chapter shall not apply to any activity in connection with services provided by a common carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance, repair and operations of the common carrier's communications services, facilities, or equipment or incident to the use of such services, facilities or equipment, and shall not apply to the use of a pen register or a trap and trace device by such common carrier:

(a) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such common carrier, or to the protection of users of the common carrier's service from abuse of service or unlawful use of service;

(b) To record the fact that a wire or electronic communication was initiated or completed in order to protect such common carrier, another common carrier furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service; or

(2) "Common carrier" as used in this section means any person engaged as a common carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.

(((2))) (3) The provisions of this chapter shall not apply to:

(a) Any common carrier automatic number, caller, or location identification service that has been approved by the Washington utilities and transportation commission; or

(b) A 911 or enhanced 911 emergency service as defined in RCW 82.14B.020, for purposes of aiding public health or public safety agencies to respond to calls placed for emergency assistance.

NEW SECTION. Sec. 2. A new section is added to chapter 9.73 RCW to read as follows:

(1) As used in this section:

(a) "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such communication.

(b) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:

(i) Any wire or oral communication;

(ii) Any communication made through a tone-only paging device; or

(iii) Any communication from a tracking device.

(c) "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications.

(d) "Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(e) "Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(2) No person may install or use a pen register or trap and trace device without a prior court order issued under this section except as provided under subsection (6) of this section or section 1 of this act.

(3) A law enforcement officer may apply for and the superior court may issue orders and extensions of orders authorizing the installation and use of pen registers and trap and trace devices as provided in this section. The application shall be under oath and shall include the identity of the officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

(4) If the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation and finds reason to believe that the pen register or trap and trace device will lead to obtaining evidence of a crime, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The order shall specify:

(a) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;

(b) The identity, if known, of the person who is the subject of the criminal investigation;

(c) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and

(d) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device. An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of such an order may be granted, but only upon a new application for an order under subsection (3) of this section and upon the judicial findings required by this subsection. The period of extension shall be for a period not to exceed sixty days.

An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.

(5) Upon the request of an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in subsection (4) of this section.

Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in subsection (4) of this section. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

(6) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation and use, may have installed and use a pen register or trap and trace device if, within forty-eight hours after the installation has occurred, or begins to occur, an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation or use by any law enforcement officer of a pen register or trap and trace device pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance."

POINT OF INQUIRY

Senator Heavey: "Senator Smith, the bill requires the police or prosecutorial authorities to proceed to court to get a duly authorized warrant prior to these devices being put in place. Is that what you are saying?"

Senator Smith: "Not in all cases."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Smith and Hargrove to Substitute Senate Bill No. 6390.

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

MOTIONS

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

On page 1, line 2 of the title, after "communications;" strike the remainder of the title and insert "amending RCW 9.73.070; adding a new section to chapter 9.73 RCW; and prescribing penalties."

On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 6390 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Prince: "Senator Smith, one of the complaints that I was given about this piece of legislation is that it only takes a phone number that calls. Is this correct?"

Senator Smith: "Well, there are two parts to it. There is what is called a pen register and a trap and trace. One of them, what it will tell, is it can tell what numbers are being dialed out on the phone. I forget which is which. I think the trap and trace is coming in. The other one they can tell just a number. It doesn't record the substance of the conversation."

Senator Prince: "Okay, this is where their concern was. If you put a tap on somebody's phone and you listen to what is being said, you know if somebody is involved, but if you only know who called, by their phone number, a lot of people get drug into the net and get investigated that were very innocent and they are touching these. Now, why does the police not want to just use the conventional and know what is being said?"

Senator Smith: "Because the courts have found that to be more intrusive and there are greater limits and you would need to give probable cause and it is more intrusive. As far as the investigatory--"

Senator Prince: "But, it doesn't intrude into the innocent."

Senator Smith: "Well, I will have to say in the police investigation, occasionally, you intrude into the innocent. As I like to tell people, I once, briefly, was a suspect in a homicide when I was going to school back in New York. All they said was that they got a brief description and the police came by and asked me a few questions and gave me a card. I realize that it was mildly inconvenient, but if the police are going to be able to investigate, they are going to have to be able to investigate. They don't know who is guilty before they investigate. This, I think, places sufficient limits and forces them to go to court to do that sort of searching, but that is part of an investigation."

Senator Prince: "Thank you."

Further debate ensued.

POINT OF INQUIRY

Senator Franklin: "Just for reassurance again from Senator Smith, and wanting to really support this bill, that the innocent will not be entrapped. Having a daughter who is a police officer, I would not vote against her. I need to be reassured."

Senator Smith: "I assume that is a question. You want me to reassure you that the innocent will never be entrapped? I suppose we should--well--that is a difficult reassurance to give. I will tell you that within this piece of legislation, it does not expand the ability for the innocent to be entrapped. That, I feel very comfortable of; I think this strikes a proper balance and helps give the police officers the tools they need to convict and find the guilty without unduly burdening the innocent. I do feel strongly that it strikes that balance and will not further cause problems in that area."

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6390.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6390 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 40.

Voting nay: Senators Fairley, Finkbeiner, Heavey, Hochstatter, Prentice, Thibaudeau, West and Zarelli - 8.

Excused: Senator Rinehart - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6390, 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. 6413, by Senators Pelz, Newhouse and Winsley (by request of Employment Security Department)

Revising provisions for successor unemployment compensation contribution rates.

The bill was read the second time.

MOTIONS

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

On page 2, beginning on line 3, after "year" strike all material through "successor))" on line 6, and insert "((and continuing until the successor qualifies for a different rate in its own right)). Any experience relating to the assignment of that rate class attributable to the predecessor is transferred to the successor. For transfers on or after January 1, 1997, and beginning with the January 1 following the transfer, the successor's contribution rate shall be based on the transferred experience of the acquired business and the successor's experience after the transfer"

On page 2, line 22, after "acquisition" insert ", but not less than one percent"

On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 6413 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 Senate Bill No. 6413.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6413 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, Franklin, 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 Fraser - 1.

ENGROSSED SENATE BILL NO. 6413, 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. 6596, by Senators Drew, Haugen, Winsley, Sheldon, Hale, Snyder, Wood, McAuliffe, Finkbeiner, Goings, Pelz, Franklin, Smith, Sutherland, Bauer, Rasmussen and Oke

Using the most probably and most reasonable use as the basis of calculating property value.

The bill was read the second time.

MOTIONS

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

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

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

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

On page 1, line 3 of the title, after "purposes;" strike the remainder of the title and insert "amending RCW 84.40.030; and providing an effective date."

MOTION

On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 6596 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 Senate Bill No. 6596.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6596 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 6596, 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. 6306, by Senators Rinehart, Snyder and McAuliffe

Issuing school district bonds.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6306 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. 6306.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6306 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 41.

Voting nay: Senators Anderson, A., Cantu, Hochstatter, McDonald, Roach, Strannigan, Swecker and Zarelli - 8.

SENATE BILL NO. 6306, 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. 6496, by Senator Heavey

Authorizing open space protection districts for the purpose of acquiring development rights.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6496 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. 6496.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6496 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 40.

Voting nay: Senators Cantu, Hale, Johnson, McCaslin, Newhouse, Roach, Schow, Strannigan and Zarelli - 9.

SENATE BILL NO. 6496, 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. 6673, by Senators Owen and Wood

Combatting fuel tax evasion.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 6673 was substituted for Senate Bill No. 6673 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. 6673 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. 6673.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6673 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6673, 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. 6336, by Senators Rasmussen, Winsley, Haugen, Swecker, Morton and Sutherland

Establishing the water resources board.

MOTIONS

On motion of Senator Rasmussen, Second Substitute Senate Bill No. 6336 was substituted for Senate Bill No. 6336 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Second Substitute Senate Bill No. 6336 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. 6336.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6336 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; 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, 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.

Voting nay: Senator Newhouse - 1.

SECOND SUBSTITUTE SENATE BILL NO. 6336, 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. 6637, by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long

Limiting growth management hearings board discretion.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6637 was substituted for Senate Bill No. 6637 and the substitute bill was placed on second reading and read the second time.

Senator Anderson moved that the following amendment by Senators Anderson, Owen and Oke be adopted:

On page 2, after line 8, insert the following:

"Sec. 2. RCW 36.70A.300 and 1995 c 347 s 110 are each amended to read as follows:

(1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.

(2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand((, unless the board's final order also:

(a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

(b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

(3) A determination of invalidity shall:

(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

(b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.

(4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand)). All development permits shall vest under such comprehensive plan or development regulations until new comprehensive plan or development regulations are adopted.

(((5))) (3) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.

Sec. 3. RCW 36.70A.330 and 1995 c 347 s 112 are each amended to read as follows:

(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city ((subject to a determination of invalidity under RCW 36.70A.300)), the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.

(3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.

(((4) The board shall also reconsider its final order and decide:

(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or

(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).

The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.))

NEW SECTION. Sec. 4. It is the intent of the legislature that the authority given to growth management hearings boards in chapter 347, Laws of 1995 to determine that a plan or regulation is invalid is null and void. Any such determination of invalidity made at any time is null, void, and of no effect. The legislature intends that this act have retroactive application and apply to determinations made before, on, and after the effective date of this act."

POINT OF ORDER

Senator Fraser: "A point of order, Mr. President. I feel that the amendment before us exceeds the scope and object of the bill. The underlying bill addresses the standard of review to be used by a growth management hearing's board in determining whether a local government plan or other action under the Growth Management Act is in compliance with the act and it has an emphasis on looking at balancing of goals and relationship between goals. Each of the provisions deal with clarification.

"The amendment that is before us goes much further than this and adds provisions addressing what is the legal effect of a finding of noncompliance by the board. It addresses the continuing validity of plans or development regulations following a finding of noncompliance and it even gets into the issue of vesting of development permits in such cases.

"Finally, it includes a legislative statement of the effect to be given previous findings of validity. So, I think the amendment clearly changes the scope and object of the bill."

Further debate ensued.

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 6637.

SECOND READING

SENATE BILL NO. 6638, by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long

Prescribing standards for development regulations.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6638 was substituted for Senate Bill No. 6638 and the substitute bill was placed on second reading and read the second time.

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

On page 3, after line 5, strike all material through "practices." on line 11, and insert the following:

"(5) The regulations required by this section shall not apply to the following activities when such activities are undertaken pursuant to best management practices:

(a) Normal and routine maintenance or repair, replacement, or expansion of existing utilities; or

(b) Relocation or installation of utilities in existing utility corridors or improved public or private rights of way.

For the purposes of this section, "best management practices" means physical, structural, or managerial practices that when used singly or in combination minimize adverse environmental impacts and comply with all construction safety standards otherwise required by law. However, this definition of "best management practices" shall not have the effect of superseding any definition of "best management practices" that was adopted by a local government before the effective date of this act."

MOTION

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6638 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Anderson: "Senator Haugen, I can't find which of these books that this bill is in to actually read the language, so I am going to have to ask you this question. From the summary, and I apologize, for not finding the language, part of the substitute says, 'As of July 1, 1996, the critical areas enacted by counties and cities planning under GMA must result in the protection of the functions and values of the critical areas.' 'Functions and values,' isn't that new language from the GMA listing of the goals?"

Senator Haugen: "I don't see that language and I don't know what you are reading from."

Senator Anderson: "I'm reading from the summary--I think Senator Long just answered my question."

Senator Haugen: "Okay."

Further 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. 6638.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6638 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, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 43.

Voting nay: Senators Fairley, Fraser, Kohl, Smith, Thibaudeau and Wojahn - 6.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6638, 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. 6121, by Senators Quigley, Smith, Fairley, Kohl, Bauer, Drew, Thibaudeau, Sheldon, Snyder, Rinehart, Franklin, Wojahn and Pelz

Providing premium offsets for medicare supplemental insurance policies.

MOTIONS

On motion of Senator Quigley, Second Substitute Senate Bill No. 6121 was substituted for Senate Bill No. 6121 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Quigley, the rules were suspended, Second Substitute Senate Bill No. 6121 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. 6121.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6121 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 6; Absent, 4; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, Moyer, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 39.

Voting nay: Senators Cantu, McDonald, Morton, Newhouse, Oke and Schow - 6.

Absent: Senators Loveland, Pelz, Rinehart and Snyder - 4.

SECOND SUBSTITUTE SENATE BILL NO. 6121, 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. 6231, by Senators Kohl, Long, Fairley, Strannigan, Wojahn, Hargrove, Haugen, Winsley, Bauer, Prentice and Rasmussen

Protecting victims from sexually aggressive youth.

MOTIONS

On motion of Senator Kohl, Second Substitute Senate Bill No. 6231 was substituted for Senate Bill No. 6231 and the second substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends that the department of social and health services develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities.

NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:

(1) The department shall implement a policy for protecting children placed in state-operated or state-funded residential facilities who are vulnerable to sexual victimization by other youth placed in those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:

(a) Development and use of an assessment process for determining when a youth is sexually aggressive for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section.

(b) Development and use of an assessment process for determining when a child may be vulnerable to victimization by a sexually aggressive youth for the purposes of this section. The assessment process shall consider the individual circumstances of the child, including his or her age, physical size, mental and emotional condition, and other factors relevant to vulnerability.

(c) Development and use of placement criteria to avoid assigning youth who are assessed as sexually aggressive to the same sleeping quarters as children assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person dormitory if the dormitory is regularly monitored by visual surveillance equipment or staff checks.

(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth assessed as sexually aggressive and children assessed as vulnerable to sexual victimization. The procedures shall include prohibiting any youth committed under this chapter who is assessed as sexually aggressive from entering any sleeping quarters other than the one to which he or she is assigned, unless accompanied by an authorized supervisor.

(2) For the purposes of this section, the following terms have the following meanings:

(a) "Sleeping quarters" means the bedrooms or other rooms within a larger home or residential facility where youth are assigned to sleep.

(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.

NEW SECTION. Sec. 3. The department of social and health services shall report to the legislature by December 1, 1996, on the following: (1) Development of the assessment process for determining when a youth is sexually aggressive for the purposes of this act; (2) development of the assessment process for determining when a child may be vulnerable to victimization by a sexually aggressive youth for the purposes of this act; (3) development of the placement criteria and procedures required under section 2(1)(c) and (d) of this act; and (4) the operational and fiscal impacts of extending the requirements of section 2 of this act to all state-funded or state-operated residential facilities where children are placed by the department pursuant to chapters 13.32A, 13.34, 70.96A, and 71.34 RCW.

NEW SECTION. Sec. 4. The policy developed under section 2 of this act shall be implemented within the juvenile rehabilitation administration by January 1, 1997."

MOTIONS

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

On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "adding a new section to chapter 13.40 RCW; and creating new sections."

On motion of Senator Kohl, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6231 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. 6231.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6231 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, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, 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 Moyer - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6231, 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. 6466, by Senators Spanel, Swecker, Sutherland, Morton, Bauer, A. Anderson and Fraser

Allowing construction that has a minor impact on air quality to proceed without a notice of construction or review approval from the department of ecology.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6466 was substituted for Senate Bill No. 6466 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. 6466 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Swecker: "Senator Fraser, Substitute Senate Bill No. 6466 creates an exemption for 'de minimis new sources' and defines them as new sources with trivial levels of emissions that do not pose a threat to human health or the environment. Could you clarify the process for defining de minimis new sources?"

Senator Fraser: "Thank you, I would be pleased to. New sources includes two concepts--construction of brand new facilities and modifications to existing facilities that increase emissions. The Department of Ecology is directed by this bill to identify de minimis new sources in its rules and may classify new sources by category, size, quantity of emissions, or a combination of approaches.

"The department will be using an advisory committee of affected and interested parties to develop these categories, activities and equipment, including, where appropriate, size and emission thresholds. These will be adopted by the department in rules and will complete the implementation of de minimis new source exemptions. The entire process will allow the Department of Ecology to focus resources on regulating air emissions of consequence."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6466.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6466 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6466, 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. 6495, by Senators Smith and Sellar (by request of Administrator for the Courts)

Creating two additional superior court positions for Chelan and Douglas counties jointly.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 6495 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. 6495.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6495 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 6495, 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 Senate Bill No. 6516 and the pending motion by Senator McAuliffe to substitute the bill, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Johnson to the motion by Senator McAuliffe to substitute Senate Bill No. 6516, the President finds that Senate Bill No. 6516 is a measure which extends the deadlines for development of the assessment system and provides that initial implementation will be accomplished by the Commission on Student Learning, rather than the State Board of Education.

"The proposed substitute includes not only these subjects, but also provides that the assessments will be voluntary, in part; provides that the Commission may modify the essential learning requirements; and directs that the Commission and the State Board accomplish certain tasks concerning the development of the essential academic learning requirements and the requirements for the certificate of mastery.

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

The motion by Senator McAuliffe to substitute Senate Bill No. 6516 was ruled out of order.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6516 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. 6516.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6516 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; 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, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 46.

Voting nay: Senators Morton, Schow and Zarelli - 3.

SENATE BILL NO. 6516, 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. 6508, by Senators McAuliffe, Bauer, Goings, Wood, Drew, Loveland, Prince, Sheldon, Hale, Snyder, Finkbeiner, Rinehart, West, Rasmussen, Winsley and Kohl

Establishing the advance college payment program.

MOTIONS

On motion of Senator Bauer, Second Substitute Senate Bill No. 6508 was substituted for Senate Bill No. 6508 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Bauer, the rules were suspended, Second Substitute Senate Bill No. 6508 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. 6508.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6508 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Thibaudeau, West, Winsley, Wojahn and Wood - 41.

Voting nay: Senators Cantu, Hochstatter, Johnson, McCaslin, Schow, Sellar, Swecker and Zarelli - 8.

SECOND SUBSTITUTE SENATE BILL NO. 6508, 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. 6704, by Senator Sutherland

Relating to the use of telecommunications in the medical industry.

The bill was read the second time.

MOTION

On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 6704 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. 6704.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6704 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.

SENATE BILL NO. 6704, 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. 6210, by Senators Fraser, Swecker, Drew, Owen, Oke, Prentice, A. Anderson, Strannigan, Haugen, Bauer and Rasmussen

Allowing advanced compensation for wetlands development.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6210 was substituted for Senate Bill No. 6210 and the substitute bill was placed on second reading and read the second time.

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

On page 4, line 6, after "parties." insert the following: "(5) Any decision by the department of fish and wildlife or the department of ecology regarding an advanced compensatory mitigation proposal may be appealed to the pollution control hearings board pursuant to RCW 43.21B.110."

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6210 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. 6210.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6210 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6210, 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. 6181, by Senator Smith

Clarifying the waiver of jury trial rights upon acceptance of a deferred prosecution.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 6181 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 Senate Bill No. 6181.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6181 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, 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, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Schow - 1.

SENATE BILL NO. 6181, 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 Wood, Senator Schow was excused.

SECOND READING

SENATE BILL NO. 6302, by Senators Haugen, A. Anderson, Owen, Snyder, Swecker, Fraser, Morton and Hargrove

Revising provision for appointment of a county legislative authority member of the forest practices board.

The bill was read the second time.

MOTION

On motion of Senator Drew, the rules were suspended, Senate Bill No. 6302 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 Senate Bill No. 6302.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6302 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

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

Absent: Senators Loveland and Rinehart - 2.

Excused: Senator Schow - 1.

SENATE BILL NO. 6302, 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. 6626, by Senators Hargrove and Winsley

Raising the amount that must be exceeded by the cost of dock construction for the construction to be considered substantial development under the Shoreline Management Act of 1971.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6626 was substituted for Senate Bill No. 6626 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. 6626 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 Substitute Senate Bill No. 6626.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6626 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator Rinehart - 1.

Excused: Senator Schow - 1.

SUBSTITUTE SENATE BILL NO. 6626, 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 Senate Bill No. 6230, deferred earlier today on second reading, after the motion by Senator Hargrove to second substitute the bill was ruled out of order.

MOTION

Senator Kohl moved that the following amendment by Senators Kohl, Hargrove, Long and Johnson be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that consumers of child care services have a legitimate interest in receiving timely information about complaints against child care service providers in order to make meaningful choices regarding the facilities and people who provide care for their children. The legislature further finds that as a result of improvements in information management systems, the state's ability to provide relevant information to child care service consumers has also improved.

The legislature intends to utilize the state's improved ability to collect and manage information about complaints against child care service providers by requiring the department of social and health services to report all relevant licensing actions and complaints alleging serious issues affecting the health and safety of children to appropriate individuals and organizations in a timely manner. The legislature further intends to authorize the department to report such information to the general public when necessary and appropriate for the health and safety of children.

NEW SECTION. Sec. 2. A new section is added to chapter 74.15 RCW to read as follows:

(1) The department shall report any adverse licensing actions against a child day-care center or family day-care provider taken under this chapter as a result of serious issues affecting the health and safety of children as follows: (a) Within two business days of taking the action, by posting for at least two weeks a prominent notice of the licensing action at the facility; and (b) within two business days of taking the action, by notifying the referent and appropriate public or private child care resource and referral agencies. Upon request, a center or provider subject to an adverse licensing action under this chapter shall provide the department, within two business days, a complete list of the names, addresses, and telephone numbers of its current clients. The report shall include a description of the grounds for the adverse licensing action.

(2) The department shall report any complaints against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children that are determined to be well-founded or valid as follows: (a) Within two business days of making the determination, by posting for at least two weeks a prominent notice of the determination at the facility; and (b) within two business days of making the determination, by notifying the referent and appropriate public or private child care resource and referral agencies. Upon request, a center or provider subject to a complaint that must be reported under this subsection shall provide the department, within two business days, a complete list of the names, addresses, and telephone numbers of its current clients. The report shall include a description of the well-founded or valid allegations and a summary of the resolution of the complaint or the follow-up actions taken by the department and the center or provider in response to the complaint.

(3) The department is authorized to report to the general public and counterpart licensing departments in other states, as may be necessary and appropriate to protect the health or safety of children, any information that is required to be reported under subsection (1) or (2) of this section.

(4) If the child day-care center or family day-care provider is later found to have not committed the acts or conduct justifying the adverse licensing action or alleged in a complaint reported under subsection (1), (2), or (3) of this section, the department shall forthwith prepare a notice of public exoneration. The department shall report the public exoneration to the same people and entities, and in the same manner, who received a report under subsections (2) and (3) of this section. Such notice shall also be maintained as part of the department's permanent record of the licensing action or complaint.

(5) The department shall disclose, upon request, the receipt, general nature, and resolution or current status of all complaints on record with the department after the effective date of this act against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children, regardless of whether an investigation is pending or the complaint has been determined to be invalid, inconclusive, or unfounded.

(6) This section shall not be construed to require the reporting of any information that is exempt from public disclosure under chapter 42.17 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 74.15 RCW to read as follows:

At any time during a pending adverse licensing action, a pending investigation of a complaint alleging serious issues affecting the health and safety of children, or an ongoing corrective action plan, the department may, as necessary and appropriate to protect the health or safety of children, (1) place a child day-care center or family day-care provider on nonreferral status, and (2) notify appropriate public and private child care resource and referral agencies of the department's investigation and decision to place the center or provider on nonreferral status. If the department determines, at the conclusion of the investigation of a proceeding under this section, that no adverse licensure action is appropriate, a complaint is not well founded or valid, or a corrective action plan has been successfully concluded, the department shall remove the provider from nonreferral status and provide appropriate notice to the public and private child care resource and referral agencies.

NEW SECTION. Sec. 4. A new section is added to chapter 74.15 RCW to read as follows:

(1) The department shall compile an annual report summarizing all investigations for the previous fiscal year relating to serious issues affecting the health or safety of children in the care of child day-care centers and family day-care providers. The report shall be provided to the legislature, the child care coordinating committee, and child care resource and referral agencies by August 1st of each year beginning in 1997.

(2) The report shall include, at a minimum, (a) an analysis of the volume and general nature of all reports and disclosures made by the department as required or authorized under section 2 of this act; (b) an analysis of the volume and general nature of the pending adverse licensing actions, pending complaint investigations, and ongoing corrective action plans for which the department placed centers and providers on nonreferral status under section 3 of this act; (c) an analysis of the volume and general nature of complaints determined to be invalid, inconclusive, or unfounded; and (d) information about the average length of time required by the department to complete investigations determined to be valid or well-founded, inconclusive, and invalid or unfounded.

Sec. 5. RCW 74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted and amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) (("Department" means the state department of social and health services;

(2) "Secretary" means the secretary of social and health services;

(3))) "Adverse licensing action" means a denial, suspension, revocation, or nonrenewal of a license authorized under this chapter.

(2) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

(((4))) (3) "Agency" shall not include the following:

(a) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways:

(i) Any blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated; or

(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

(d) Parents on a mutually cooperative basis exchange care of one another's children;

(e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

(f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

(h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

(j) Licensed physicians or lawyers;

(k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(l) Facilities approved and certified under chapter 71A.22 RCW;

(m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

(n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

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

(5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

(6) "Referent" means a person or agency who brings to the attention of the department a complaint or information resulting in an investigation or adverse licensing action.

(7) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

(((6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.))

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

(9) "Serious issues affecting the health and safety of children" means allegations, which if true, place children at imminent serious risk of harm. Such allegations may include, but are not limited to, allegations of child abuse or neglect or allegations of licensing violations related to safety or health hazards, supervision problems, accidental injuries, or excessive discipline or mistreatment of a child.

NEW SECTION. Sec. 6. The department of social and health services shall adopt rules as necessary to implement RCW 74.15.020 and sections 2 through 4 of this act.

Sec. 7. RCW 74.13.090 and 1995 c 399 s 204 are each amended to read as follows:

(1) There is established a child care coordinating committee to provide coordination and communication between state agencies responsible for child care and early childhood education services. The child care coordinating committee shall be composed of not less than ((seventeen)) twenty-three nor more than thirty-three members who shall include:

(a) One representative each from the department of social and health services, the department of community, trade, and economic development, the office of the superintendent of public instruction, and any other agency having responsibility for regulation, provision, or funding of child care services in the state;

(b) One representative from the department of labor and industries;

(d) One representative from the employment security department;

(e) One representative from the department of personnel;

(f) One representative from the department of health;

(g) One representative from the higher education coordinating board;

(h) One representative from the state board of education;

(i) One representative from the state board for community and technical colleges;

(j) At least one representative of family home child care providers and one representative of center care providers;

(((h))) (k) At least one representative of early childhood development experts;

(((i))) (l) At least one representative of school districts and teachers involved in the provision of child care and preschool programs;

(((j))) (m) At least one parent education specialist;

(((k))) (n) At least one representative of resource and referral programs;

(((l))) (o) One pediatric or other health professional;

(((m))) (p) At least one representative of college or university child care providers;

(((n))) (q) At least one representative of a citizen group concerned with child care;

(((o))) (r) At least one representative of a labor organization;

(((p))) (s) At least one representative of a head start - early childhood education assistance program agency;

(((q))) (t) At least one employer who provides child care assistance to employees;

(((r))) (u) Parents of children receiving, or in need of, child care, half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are able to pay for child care.

The named state agencies shall select their representative to the child care coordinating committee. The department of social and health services shall select the remaining members, considering recommendations from lists submitted by professional associations and other interest groups until such time as the committee adopts a member selection process. The department shall use any federal funds which may become available to accomplish the purposes of RCW 74.13.085 through 74.13.095.

The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee. The secretary of social and health services shall appoint a temporary chair until the committee has adopted policies and elected a chair accordingly. Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(2) To the extent possible within available funds, the child care coordinating committee shall:

(a) Serve as an advisory coordinator for all state agencies responsible for early childhood or child care programs for the purpose of improving communication and interagency coordination;

(b) Annually review state programs and make recommendations to the agencies and the legislature which will maximize funding and promote furtherance of the policies set forth in RCW 74.13.085. Reports shall be provided to all appropriate committees of the legislature by December 1 of each year. At a minimum the committee shall:

(i) ((Review and propose changes to the child care subsidy system in its December 1989 report;

(ii))) Review alternative models for child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature a new child care service structure; and

(((iii))) (ii) Review options and make recommendations on the feasibility of establishing an allocation for day care facilities when constructing state buildings;

(c) Review department of social and health services administration of the child care expansion grant program described in RCW 74.13.095;

(d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in the state;

(e) Advise and assist the office of child care policy in implementing his or her duties under RCW 74.13.0903;

(f) Perform other functions to improve the quantity and quality of child care in the state, including compliance with existing and future prerequisites for federal funding; ((and))

(g) Advise and assist the department of personnel in its responsibility for establishing policies and procedures that provide for the development of quality child care programs for state employees; and

(h) Review the department's annual reports required under section 4 of this act. The committee shall make recommendations to the legislature as necessary to improve the availability of information in the department's possession that is relevant to making meaningful choices regarding child day-care centers and family day-care providers."

POINT OF INQUIRY

Senator Anderson: "Senator Kohl, I have been trying to read through this and you have two different trains of thought. One, the procedures for adverse licensing actions--against--and that has a set of procedures and then you have a set of procedures that are complaints against the family, day-care center or provider, alleging serious issues affecting the health and safety of the children that are determined to be well-founded or valid."

Senator Kohl: "Yes."

Senator Anderson: "Are those two procedures the same? Are they the same procedures for license violation and then allegations?"

Senator Kohl: "They are very similar. The procedure for licensing violations requires that the department report to the general public and to parents by posting a prominent notice of the licensing action at the facility, for at least two weeks, within two business days of taking the action. In the case of those actions involving serious issues brought forward in the form of complaints, there would have to be a determination made that the complaints were well-founded and valid, involving potential eminent serious harm to the child's health and well-being."

Senator Anderson: "So, that is the piece that would be different?"

Senator Kohl: "The deliberation would have to be made. In terms of the licensing action, that is cut and dried."

Senator Anderson: "Okay, right. On the deliberations and determinations, who makes those? Would it be through DSHS?"

Senator Kohl: "Yes, the department."

Senator Anderson: "Okay, and is there a current procedure that they already follow on how to make those determinations?"

Senator Kohl: "No, there is not. This is why we have introduced the bill, so that parents and the public can be informed when there are serious complaints."

Senator Anderson: "So, then, does the department have rule-writing authority under this bill?"

Senator Kohl: "Yes, it does--"

Senator Anderson: "To make those determinations?"

Senator Kohl: "Within certain parameters. You will find on page seven, line twenty-one, a definition of what constitutes serious issues."

Senator Anderson: "Okay, and then the last thing that I want to know is--I was trying to--the part where they make allegations determined to be well-founded, I didn't see a definition of well-founded. I understand, going through this, if the allegations are found to be valid, but what is well-founded?"

Senator Kohl: "As I understand, well-founded and valid together constitute a term that is used in cases of child abuse and neglect."

Senator Anderson: "So, it is a legal phrase and there is already precedence for that?"

Senator Kohl: "What I understand is that it refers to the preponderance of evidence."

Senator Anderson: "Okay, thank you."

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kohl, Hargrove, Long and Johnson to Senate Bill No. 6230.

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

MOTIONS

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

On page 1, line 1 of the title, after "care;" strike the remainder of the title and insert "amending RCW 74.13.090; reenacting and amending RCW 74.15.020; adding new sections to chapter 74.15 RCW; and creating new sections."

On motion of Senator Kohl, the rules were suspended, Engrossed Senate Bill No. 6230 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. 6230.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6230 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 6230, 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. 6637 and the pending amendment by Senators Anderson, Oke and Owen on page 2, after line 8, deferred earlier today.

RULING BY THE PRESIDENT

President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that Substitute Senate Bill No. 6637 is a measure which makes changes in the jurisdiction and standard of review used by the growth management hearing's boards.

"The proposed amendment by Senators Anderson, Oke and Owen would also affect the validity of plans and regulations during a period of remand by providing for vesting of permits during such periods; and further removes the board's present and past authority to invalidate plans or regulations.

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

The amendment by Senators Anderson, Oke and Owen on page 2, after line 8, to Substitute Senate Bill No. 6637 was ruled out of order.

MOTION

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6637 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. 6637.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6637 and the bill failed to pass the Senate by the following vote: Yeas, 18; Nays, 31; Absent, 0; Excused, 0.

Voting yea: Senators Fairley, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Loveland, McAuliffe, McCaslin, Oke, Prentice, Prince, Quigley, Rasmussen, Rinehart, Snyder, Spanel and Sutherland - 18.

Voting nay: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Johnson, Long, McDonald, Morton, Moyer, Newhouse, Owen, Pelz, Roach, Schow, Sellar, Sheldon, Smith, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 31.

SUBSTITUTE SENATE BILL NO. 6637, having failed to receive the constitutional majority, was declared lost.

SECOND READING

SENATE BILL NO. 6554, by Senator Sutherland

Providing for attachments to transmission facilities.

MOTIONS

On motion of Senator Sutherland, Substitute Senate Bill No. 6554 was substituted for Senate Bill No. 6554 and the substitute bill was placed on second reading and read the second time.

Senator Sutherland moved that the following amendment by Senators Sutherland and Finkbeiner be adopted:

On page 1, after line 4, strike everything and insert:

"NEW SECTION. Sec. 1. A new section is added to chapter 23.86 RCW to read as follows:

(1) As used in this section:

(a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.

(b) "Locally regulated utility" means an electric service cooperative organized under this chapter and not subject to rate or service regulation by the utilities and transportation commission.

(c) "Non-discriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.

(2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, non-discriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.

(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.

NEW SECTION. Sec. 2. A new section is added to chapter 24.06 RCW to read as follows:

(1) As used in this section:

(b) "Locally regulated utility" means an mutual corporation organized under this chapter for the purpose of providing utility service and not subject to rate or service regulation by the utilities and transportation commission.

(c) "Non-discriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.

(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.

NEW SECTION. Sec. 3. A new section is added to chapter 35.21 RCW to read as follows:

(1) As used in this section:

(b) "Locally regulated utility" means a city owning and operating an electric utility not subject to rate or service regulation by the utilities and transportation commission.

(c) "Non-discriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.

(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.

NEW SECTION. Sec. 4. A new section is added to chapter 35A.21 RCW to read as follows:

(1) As used in this section:

(b) "Locally regulated utility" means a code city owning and operating an electric utility not subject to rate or service regulation by the utilities and transportation commission.

(c) "Non-discriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.

(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.

NEW SECTION. Sec. 5. A new section is added to chapter 54.04 RCW to read as follows:

(1) As used in this section:

(b) "Locally regulated utility" means a public utility district not subject to rate or service regulation by the utilities and transportation commission.

(c) "Non-discriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.

(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Sutherland and Finkbeiner on page 1, after line 4, to Substitute Senate Bill No. 6554.

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

MOTIONS

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

On page 1, line 1, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 23.86 RCW; adding a new section to chapter 24.06 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 54.04 RCW."

On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 6554 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. 6554.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6554 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, 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, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Schow - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6554, 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 Sellar, having voted on the prevailing side, served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 6637 failed to pass the Senate earlier today.

MOTION FOR IMMEDIATE RECONSIDERATION

Senator Sellar moved that the Senate immediately reconsider the vote by which Substitute Senate Bill No. 6637 failed to pass the Senate earlier today.

The President declared the question before the Senate to be the motion by Senator Sellar to immediately reconsider the vote by which Substitute Senate Bill No. 6637 failed to pass the Senate earlier today.

The motion by Senator Sellar carried and the Senate will reconsider the vote by which Substitute Senate Bill No. 6637 failed to pass the Senate.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6637, on reconsideration.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6637, on reconsideration, 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, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 36.

Voting nay: Senators Cantu, Drew, Fairley, Franklin, Fraser, Heavey, Kohl, Owen, Pelz, Rinehart, Smith, Thibaudeau and Wojahn - 13.

SUBSTITUTE SENATE BILL NO. 6637, on reconsideration, 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. 6578, by Senators Smith, Heavey, Wojahn, Franklin, Pelz, Quigley, Snyder, Fraser, Thibaudeau, Fairley, Spanel, Sutherland, McAuliffe, Loveland, Kohl, Bauer and Goings

Providing unemployment compensation for unemployment resulting from a strike or lockout found to be an unfair labor practice.

The bill was read the second time.

MOTION

Senator McDonald moved that the following amendments by Senators McDonald and McCaslin be considered simultaneously and be adopted:

On page 2, line 16, strike "official" and insert "sitting judge"

On page 2, line 17, strike "or official"

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators McDonald and McCaslin on page 2, lines 16 and 17, to Senate Bill No. 6578.

ROLL CALL

The Secretary called the roll and the amendments were adopted, the President voting 'aye', by the following vote: Yeas, 24; Nays, 24; Absent, 1; Excused, 0.

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

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

Absent: Senator Owen - 1.

MOTION

Senator McDonald moved that the following amendment by Senators McDonald and McCaslin be adopted:

On page 2, line 17, after "official" strike "finds" and insert "makes a final determination"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald and McCaslin on page 2, line 17, to Senate Bill No. 6578.

The motion by Senator McDonald failed and the amendment was not adopted on a rising vote.

MOTION

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

On page 2, line 19, after "week" insert "or portion thereof"

On page 2, line 21, after "weeks" insert "or portion thereof"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator West on page 2, lines 17 and 21, to Senate Bill No. 6578.

The motion by Senator West carried and the amendments were adopted.

MOTION

Senator West moved that the following amendment by Senators McDonald, McCaslin and West be adopted:

On page 2, after "continues." on line 22, insert "Provided that the striking employees or their representatives are engaged in good faith bargaining to resolve the labor dispute."

POINT OF INQUIRY

Senator Heavey: "Senator West, would good faith bargaining be if the labor union was willing to come to the table, but the employer refused? Would that be considered good faith bargaining even though they weren't at the table?"

Senator West: "I believe so. This simply extends or maintains the clean hands doctrine that no party acting in bad faith would benefit by that bad faith. I believe that if they came and presented themselves at the table, ready and willing to bargain and were not met at the table that wouldn't be a prohibition here."

Further debate ensued.

MOTION

Senator West moved that further consideration of Senate Bill No. 6578 be deferred.

The President declared the question before the Senate to be the motion by Senator West to defer further consideration of Senate Bill No. 6578.

The motion by Senator West failed and the Senate continued consideration of Senate Bill No. 6578.

The President declared the question before the Senate to be the adoption of the amendment by Senators McDonald, McCaslin and West on page 2, line 22, to Senate Bill No. 6578.

The motion by Senator West failed and the amendment was not adopted on a rising vote.

SPECIAL ORDER OF BUSINESS

On motion of Senator Spanel, Senate Bill No. 6353 will be made a special order of business at 4:55 p.m. today.

MOTION

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

On page 3, beginning on line 19, after "dispute" strike all material through "practice" on line 20

PARLIAMENTARY INQUIRY

Senator Snyder: "A point of parliamentary inquiry, please. If at 4:55 p.m., we haven't finished consideration of this bill, we could take up Senate Bill No. 6353 and then come back and finish consideration of this bill after 5:00 p.m.?"

REPLY BY THE PRESIDENT

President Pritchard: "I'll check with the attorneys. The answer is 'yes.'"

PARLIAMENTARY INQUIRY

Senator West: "For clarification, Senator Snyder's inquiry presumes that there is no intervening business between this and the bill that we take up at 4:55 p.m. Am I to understand, that is the case? Because, otherwise, you would be saying that if--let's say that we defeat this bill in the next two minutes and we bring up another bill or we somehow delay this and go to another bill. That is what I am saying--we are somehow delayed and we go to another bill, then would this bill still be in line?"'

REPLY BY THE PRESIDENT

President Pritchard: "We go back to the bill that we were on at the time that it is interrupted at 4:55 p.m."

Senator West: "Thank you, Mr. President."

MOTION

Senator Anderson moved that the following amendment be adopted:

On page 6, after line 2, insert the following:

"Sec. 3. RCW 50.20.065 and 1993 c 483 s 11 are each amended to read as follows:

(1) Notwithstanding any prior determination made under this chapter, an individual who has been discharged from his or her work because of a felony or gross misdemeanor of which he or she has been convicted, or has admitted committing to a competent authority, and that is connected with his or her work shall ((have)) be disqualified from benefits beginning with the first day of the calendar week in which he or she has been discharged or suspended for misconduct and thereafter for five calendar weeks and until he or she has obtained work and earned wages equal to five times his or her benefit amount. In addition, all hourly wage credits based on that employment shall be canceled.

(2) The employer shall notify the department of such an admission or conviction, not later than six months following the admission or conviction.

(3) The claimant shall disclose any conviction of the claimant of a work-connected felony or gross misdemeanor occurring in the previous two years to the department at the time of application for benefits.

(4) All benefits ((that are)) paid ((in error)) based on wage/hour credits that ((should have been)) are removed from the claimant's base year are recoverable, notwithstanding RCW 50.20.190 or 50.24.020 or any other provisions of this title.

Sec. 4. RCW 50.20.160 and 1990 c 245 s 4 are each amended to read as follows:

(1) A determination of amount of benefits potentially payable issued pursuant to the provisions of RCW 50.20.120 and 50.20.140 shall not serve as a basis for appeal but shall be subject to request by the claimant for reconsideration and/or for redetermination by the commissioner at any time within one year from the date of delivery or mailing of such determination, or any redetermination thereof: PROVIDED, That in the absence of fraud or misrepresentation on the part of the claimant, any benefits paid prior to the date of any redetermination which reduces the amount of benefits payable shall not be subject to recovery under the provisions of RCW 50.20.190. A denial of a request to reconsider or a redetermination shall be furnished the claimant in writing and provide the basis for appeal under the provisions of RCW 50.32.020.

(2) A determination of denial of benefits issued under the provisions of RCW 50.20.180 shall become final, in absence of timely appeal therefrom: PROVIDED, That the commissioner may reconsider and redetermine such determinations at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of law with respect to the facts.

(3) A determination of allowance of benefits shall become final, in absence of a timely appeal therefrom: PROVIDED, That the commissioner may redetermine such allowance at any time within two years following the benefit year in which such allowance was made in order to recover any benefits improperly paid and for which recovery is provided under the provisions of RCW 50.20.190: AND PROVIDED FURTHER, That in the absence of fraud, misrepresentation, ((or)) nondisclosure, or a determination of disqualification under RCW 50.20.065, this provision or the provisions of RCW 50.20.190 shall not be construed so as to permit redetermination or recovery of an allowance of benefits which having been made after consideration of the provisions of RCW 50.20.010(3), or the provisions of RCW 50.20.050, 50.20.060, 50.20.080, or 50.20.090 has become final.

(4) A redetermination may be made at any time: (a) To conform to a final court decision applicable to either an initial determination or a determination of denial or allowance of benefits; (b) in the event of a back pay award or settlement affecting the allowance of benefits; ((or)) (c) in the case of fraud, misrepresentation, or willful nondisclosure; or (d) in the event of a determination of disqualification under RCW 50.20.065. Written notice of any such redetermination shall be promptly given by mail or delivered to such interested parties as were notified of the initial determination or determination of denial or allowance of benefits and any new interested party or parties who, pursuant to such regulation as the commissioner may prescribe, would be an interested party.

NEW SECTION. Sec. 5. Sections 3 and 4 of this act shall take effect July 2, 1996, and are effective as to job separations occurring on or after July 2, 1996."

POINT OF ORDER

Senator Pelz: "A point of order. I rise to object to this amendment as being outside the scope and object of this bill. This is a bill dealing with unemployment compensation for unemployment resulting from an unfair labor practice. The amendment is clearly dealing with the issue of denying eligibility for unemployment compensation due to misconduct. It takes up a separate issue, an issue that is actually the subject of a bill coming over from the House and I would argue that it is outside the scope and object of the underlying bill."

Further debate ensued.

RULING BY THE PRESIDENT

President Pritchard: "Senator Anderson, the President has decided that Senator Pelz's position is right and that the amendment is beyond the scope and object of the bill."

The amendment by Senator Anderson on page 6, after line 2, to Senate Bill No. 6578 was ruled out of order.

MOTION

On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 6578 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

PARLIAMENTARY INQUIRY

Senator Strannigan: "Mr. President, a point of parliamentary inquiry. Senate Rule 22 provides that a Senator may not vote upon any question upon which he or she is in anyway personally or directly interested. Mr. President, as an employee and a union member at a company that bargains collectively--and I submit to you as evidence, my Union Card here--my vote on Senate Bill No. 6578 could be perceived as a conflict of interest."

RULING BY THE PRESIDENT

President Pritchard: "Senator under the circumstances that you have described, the President does not consider that you are disqualified from voting. Also, having answered your inquiry, the President would like to refer the Senator to further language in Senate Rule 22, which states that every member who is within the bar of the Senate shall vote, unless unanimously excused from doing so."

POINT OF ORDER

SPECIAL ORDER OF BUSINESS

Senator Spanel: "Mr. President, I rise to a point of order. We have now reached the time for the Special Order of Business on Senate Bill No. 6353."

MOTION

On motion of Senator Spanel, further consideration of Engrossed Senate Bill No. 6578 was deferred.

SECOND READING

SENATE BILL NO. 6353, by Senators Quigley, Prentice, Wojahn, Fairley, Thibaudeau and Pelz (by request of Insurance Commissioner Senn)

Expanding health insurance access.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 6353 was substituted for Senate Bill No. 6353 and the substitute bill was placed on second reading and read the second time.

Senator Hargrove moved that the following amendment be adopted:

On page 9, line 9, after "reinsurance," insert "(i) the numerator shall not include the total number of resident insured persons, including spouses and dependents, in health plans sold by pool members that cover groups of fifty persons or less, and (ii)"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 9, line 9, to Substitute Senate Bill No. 6353.

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

MOTION

Senator Quigley moved that the following amendment be adopted:

On page 10, beginning on line 14, after "insurance" strike all material through "plan" on line 15

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Quigley on page 10, beginning on line 14, to Substitute Senate Bill No. 6353.

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

MOTION

Senator Quigley moved that the following amendment be adopted:

On page 11, beginning on line 9, strike all of subsection (5) and insert the following:

"(5) A pool reinsurance policy shall be developed by the pool in accordance with this chapter using the system the pool finds most conducive to promoting access to affordable health insurance, containing health care costs, and stabilizing individual insurance premiums at rates no higher than those of comparable insurance sold to groups. The pool may apply deductibles, copayments, and thresholds for such reinsurance at any levels or in any forms it believes will best accomplish these purposes. The pool shall apply any managed care and claims handling techniques it may determine the need for, so long as they are applied consistently with respect to all reinsured members."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Quigley on page 11, beginning on line 9, to Substitute Senate Bill No. 6353.

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

MOTION

Senator Quigley moved that the following amendment be adopted:

On page 12, beginning on line 3, strike all of subsection (3) and insert the following:

"(3) The insurance commissioner shall establish rules to require that the rates charged for the sale of individual plans not exceed the rates charged for plans that include equivalent benefits sold in the small group market. If no such plans exist, the insurance commissioner may establish rules to create a hypothetical equivalent based on an actuarial model. The health care authority shall ensure that its model basic health plan is designed to permit both managed care and indemnity type benefit plans."

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Quigley on page 12, beginning on line 3, to Substitute Senate Bill No. 6353.

ROLL CALL

The Secretary called the roll and the amendment was not adopted, the President voting 'nay', by the following vote: Yeas, 24; Nays, 24; Absent, 1; Excused, 0.

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

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

Absent: Senator Owen - 1.

MOTION

Senator Quigley moved that the following amendment be adopted:

On page 12, after line 13, insert the following:

"NEW SECTION. Sec. 13. 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."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Quigley on page 12, after line 13, to Substitute Senate Bill No. 6353.

The motion by Senator Quigley failed and the amendment was not adopted on a rising vote.

MOTION

On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 6353 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 Thibaudeau, Senator Owen was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6353.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6353 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 23.

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

Excused: Senator Owen - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6353, having failed to receive the constitutional majority, was declared lost.

There being no objection, the Senate resumed consideration of Engrossed Senate Bill No. 6578, deferred on third reading before the Senate commenced consideration of the Special Order of Business.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6578.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6578 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 23.

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

Excused: Senator Owen - 1.

ENGROSSED SENATE BILL NO. 6578, having failed to receive the constitutional majority, was declared lost.

MOTION

At 5:40 p.m., on motion of Senator Spanel, the Senate adjourned until 10:00 a.m., Wednesday, February 14, 1996.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate