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FIFTY-FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 3, 1998
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Brown, McCaslin, Patterson, Roach and Winsley. On motion of Senator Franklin, Senators Bauer, Brown and Patterson were excused. On motion of Senator Hale, Senators McCaslin, Roach and Winsley were excused.
The Sergeant at Arms Color Guard, consisting of Pages Mystie Paulson and Angelique Pierre-Antonine, presented the Colors. Reverend Sandra Lee, pastor of the Unitarian Univeralist Church of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
February 27, 1998
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5873, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5853,
SUBSTITUTE SENATE BILL NO. 5873,
SENATE BILL NO. 6118,
ENGROSSED SENATE BILL NO. 6123,
SUBSTITUTE SENATE BILL NO. 6129,
SUBSTITUTE SENATE BILL NO. 6136,
SENATE BILL NO. 6158,
SENATE BILL NO. 6159,
SENATE BILL NO. 6171,
SENATE BILL NO. 6192,
SENATE BILL NO. 6202.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6285,
SENATE BILL NO. 6303,
SENATE BILL NO. 6483,
SUBSTITUTE SENATE BILL NO. 6489,
SUBSTITUTE SENATE BILL NO. 6507,
SUBSTITUTE SENATE BILL NO. 6575,
SENATE BILL NO. 6631.
MOTION
On motion of Senator Fraser, the following resolution was adopted:
SENATE RESOLUTION 1998-8709
By Senators Fraser, Deccio, Oke, Prentice, Heavey, Anderson, Wood, Fairley, McAuliffe, Patterson, Brown, Kohl, Kline, Bauer, Franklin, Snyder, T. Sheldon, Rossi, Roach, Swecker, Winsley, Prince, Haugen, Thibaudeau, Loveland, Jacobsen, Spanel, Sellar and Sheldon
WHEREAS, The Washington State Library was established in 1853, and has since become the equivalent of the corporate library for state government; and
WHEREAS, Legislators and their staff rely heavily on the efficient research, vast resources, and quick turnaround of the state library and its staff; and
WHEREAS, The one hundred and three state library employees place quality customer service as their top priority on a daily basis; and
WHEREAS, The primary library services to Washington State Government include reference and research, information access to computer databases, indexes and full-text journals, providing expertise on policy issues, and finding specific (and often hard-to-find) publications and periodicals; and
WHEREAS, The library also provides valuable services to taxpayers, including access to state library collections, federal publications, online information sources, and quick reference; and
WHEREAS, Library staff of public, academic, community college, and school and special libraries are also served by the Washington State Library;
NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honor and recognize the priceless research assistance, technology, and customer service offered by the employees at the Washington State Library; and
BE IT FURTHER RESOLVED, That the Senate applaud and commend the outstanding employees of the Washington State Library.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Nancy Zussy, State Librarian, and Raphael Colon, a member of the Washington State Library Commission, as well as other state library employees, who were seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2634, by House Committee on Children and Family Services (originally sponsored by Representatives H. Sommers, Cooke, Dickerson, McDonald, Gombosky, Bush, Tokuda, Wolfe, O'Brien, Kessler, Keiser, Anderson, Ogden, B. Thomas and Thompson)
Denying public assistance to fugitives from justice.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 2634 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2634.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2634 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 43. Excused: Senators Bauer, Brown, McCaslin, Patterson, Roach and Winsley - 6. SUBSTITUTE HOUSE BILL NO. 2634, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2688, by House Committee on Health Care (originally sponsored by Representatives Skinner, Cody, Backlund, Conway and Anderson)
Modifying the educational requirements for licensure as a hearing instrument fitter/dispenser.
The bill was read the second time.
MOTION
Senator Johnson moved that the following Committee on Health and Long-Term Care amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.35.010 and 1996 c 200 s 2 are each amended to read as follows:
As used in this chapter, unless the context requires otherwise:
(1) "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal to noise ratio for the listener, reduce interference from noise in the background, and enhance hearing levels at a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter.
(2) "Certified audiologist" means a person who is certified by the department to engage in the practice of audiology and meets the qualifications in this chapter.
(3) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders.
(4) "Board" means the board of hearing and speech.
(5) "Department" means the department of health.
(6) "Direct supervision" means that the supervisor is physically present and in the same room with the ((hearing instrument fitter/dispenser)) interim permit holder, observing the nondiagnostic testing, fitting, and dispensing activities ((of the hearing instrument fitter/dispenser permit holder)) at all times.
(7) "Establishment" means any permanent site housing a person engaging in the practice of fitting and dispensing of hearing instruments by a hearing instrument fitter/dispenser or audiologist; where the client can have personal contact and counsel during the firm's business hours; where business is conducted; and the address of which is given to the state for the purpose of bonding.
(8) "Facility" means any permanent site housing a person engaging in the practice of speech-language pathology and/or audiology, excluding the sale, lease, or rental of hearing instruments.
(9) "Fitting and dispensing of hearing instruments" means the sale, lease, or rental or attempted sale, lease, or rental of hearing instruments together with the selection and modification of hearing instruments and the administration of nondiagnostic tests as specified by RCW 18.35.110 and the use of procedures essential to the performance of these functions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by a licensed hearing instrument fitter/dispenser or certified audiologist.
(10) "Good standing" means a licensed hearing instrument fitter/dispenser or certified audiologist or speech-language pathologist whose license or certificate has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in the last two years.
(11) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords, ear molds, and assistive listening devices.
(12) "Hearing instrument fitter/dispenser" means a person who is licensed to engage in the practice of fitting and dispensing of hearing instruments and meets the qualifications of this chapter.
(13) (("Hearing instrument fitter/dispenser)) "Interim permit holder" means a person who holds the permit created under RCW 18.35.060 and who practices under the direct supervision of a licensed hearing instrument fitter/dispenser or certified speech-language pathologist or certified audiologist.
(14) "Secretary" means the secretary of health.
(15) "Certified speech-language pathologist" means a person who is certified by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter.
(16) "Speech-language pathology" means the application of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and the application of augmentative communication treatment and devices for treatment of such disorders.
Sec. 2. RCW 18.35.020 and 1996 c 200 s 3 are each amended to read as follows:
No person shall engage in the fitting and dispensing of hearing instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing instruments unless he or she is a licensed hearing instrument fitter/dispenser or a certified audiologist or holds ((a hearing instrument fitter/dispenser permit or audiology)) an interim permit issued by the department as provided in this chapter and is an owner or employee of an establishment that is bonded as provided by RCW 18.35.240. The owner or manager of an establishment that dispenses hearing instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or persons employed by the establishment engaged in fitting and dispensing of hearing instruments. Every establishment that fits and dispenses shall have in its employ at least one licensed hearing instrument fitter/dispenser or certified audiologist at all times, and shall annually submit proof that all testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated.
Sec. 3. RCW 18.35.040 and 1996 c 200 s 5 are each amended to read as follows:
(1) An applicant for licensure as a hearing instrument fitter/dispenser must have the following minimum qualifications and shall pay a fee determined by the secretary as provided in RCW 43.70.250. An applicant shall be issued a license under the provisions of this chapter if the applicant:
(a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or
(ii) Holds a current, unsuspended, unrevoked license from another jurisdiction if the standards for licensing in such other jurisdiction are substantially equivalent to those prevailing in this state;
(b) ((After December 31, 1996, has at least six months of apprenticeship training that meets requirements established by the board. The board may waive part or all of the apprenticeship training in recognition of formal education in fitting and dispensing of hearing instruments or in recognition of previous licensure in Washington or in another state, territory, or the District of Columbia;
(c) Is at least twenty-one years of age)) Satisfactorily completes a minimum of a two-year degree program in hearing instrument fitter/dispenser instruction. The program must be approved by the board; and
(((d))) (c) Has not committed unprofessional conduct as specified by the uniform disciplinary act.
The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.
(2) An applicant for certification as a speech-language pathologist or audiologist must have the following minimum qualifications:
(a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;
(b) Has a master's degree or the equivalent, or a doctorate degree or the equivalent, from a program at a board-approved institution of higher learning, which includes completion of a supervised clinical practicum experience as defined by rules adopted by the board; and
(c) Has completed postgraduate professional work experience approved by the board.
All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter.
The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock hours of AIDS education and training pursuant to rules adopted by the board.
Sec. 4. RCW 18.35.060 and 1997 c 275 s 3 are each amended to read as follows:
(((1) The department shall issue a hearing instrument fitting/dispensing permit to any applicant who has shown to the satisfaction of the department that the applicant:
(a) Is at least twenty-one years of age;
(b) If issued a hearing instrument fitter/dispenser permit, would be employed and directly supervised in the fitting and dispensing of hearing instruments by a person licensed or certified in good standing as a hearing instrument fitter/dispenser or audiologist for at least two years unless otherwise approved by the board;
(c) Has complied with administrative procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280;
(d) Has not committed unprofessional conduct as specified by the uniform disciplinary act; and
(e) Is a high school graduate or the equivalent.
The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a hearing instrument fitter/dispenser permit. Pursuant to the provisions of this section, a person issued a hearing instrument fitter/dispenser permit may engage in the fitting and dispensing of hearing instruments without having first passed the hearing instrument fitter/dispenser examination provided under this chapter.
(2) The hearing instrument fitter/dispenser permit shall contain the names of the employer and the licensed or certified supervisor under this chapter who are employing and supervising the hearing instrument fitter/dispenser permit holder and those persons shall execute an acknowledgment of responsibility for all acts of the hearing instrument fitter/dispenser permit holder in connection with the fitting and dispensing of hearing instruments.
(3) A hearing instrument fitter/dispenser permit holder may fit and dispense hearing instruments, but only if the hearing instrument fitter/dispenser permit holder is under the direct supervision of a licensed hearing instrument fitter/dispenser or certified audiologist under this chapter in a capacity other than as a hearing instrument fitter/dispenser permit holder. Direct supervision by a licensed hearing instrument fitter/dispenser or certified audiologist shall be required whenever the hearing instrument fitter/dispenser permit holder is engaged in the fitting or dispensing of hearing instruments during the hearing instrument fitter/dispenser permit holder's employment. The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.
(4) The hearing instrument fitter/dispenser permit expires one year from the date of its issuance except that on recommendation of the board the permit may be reissued for one additional year only.
(5) No certified audiologist or licensed hearing instrument fitter/dispenser under this chapter may assume the responsibility for more than one hearing instrument fitter/dispenser permit holder at any one time.
(6))) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist certification or audiologist certification who, except for the postgraduate professional experience and the examination requirements, meets the academic and practicum requirements of RCW 18.35.040(2) to practice under ((interim permit)) direct supervision ((by a certified speech-language pathologist or certified audiologist)). The interim permit is valid for a period of one year from date of issuance. The board shall determine conditions for the interim permit.
Sec. 5. RCW 18.35.090 and 1997 c 275 s 5 are each amended to read as follows:
Each person who engages in practice under this chapter shall comply with administrative procedures and administrative requirements established under RCW 43.70.250 and 43.70.280 and shall keep the license, certificate, or interim permit conspicuously posted in the place of business at all times. The secretary may establish mandatory continuing education requirements and/or continued competency standards to be met by licensees or certificate or interim permit holders as a condition for license, certificate, or interim permit renewal.
Sec. 6. RCW 18.35.100 and 1996 c 200 s 13 are each amended to read as follows:
(1) Every hearing instrument fitter/dispenser, audiologist, speech-language pathologist, ((hearing instrument fitter/dispenser permit holder,)) or interim permit holder, who is regulated under this chapter, shall notify the department in writing of the regular address of the place or places in the state of Washington where the person practices or intends to practice more than twenty consecutive business days and of any change thereof within ten days of such change. Failure to notify the department in writing shall be grounds for suspension or revocation of the license, certificate, or interim permit.
(2) The department shall keep a record of the places of business of persons who hold licenses, certificates, or interim permits.
(3) Any notice required to be given by the department to a person who holds a license, certificate, or interim permit may be given by mailing it to the address of the last establishment or facility of which the person has notified the department, except that notice to a licensee or certificate or interim permit holder of proceedings to deny, suspend, or revoke the license, certificate, or interim permit shall be by certified or registered mail or by means authorized for service of process.
Sec. 7. RCW 18.35.105 and 1996 c 200 s 14 are each amended to read as follows:
Each licensee and certificate and interim permit holder under this chapter shall keep records of all services rendered for a minimum of three years. These records shall contain the names and addresses of all persons to whom services were provided. Hearing instrument fitter/dispensers, audiologists, and interim permit holders shall also record the date the hearing instrument warranty expires, a description of the services and the dates the services were provided, and copies of any contracts and receipts. All records, as required pursuant to this chapter or by rule, shall be owned by the establishment or facility and shall remain with the establishment or facility in the event the licensee or certificate holder changes employment. If a contract between the establishment or facility and the licensee or certificate holder provides that the records are to remain with the licensee or certificate holder, copies of such records shall be provided to the establishment or facility.
Sec. 8. RCW 18.35.110 and 1996 c 200 s 15 and 1996 c 178 s 1 are each reenacted and amended to read as follows:
In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed or holding ((a)) an interim permit or certificate under this chapter may be subject to disciplinary action by the board for any of the following causes:
(1) For unethical conduct in dispensing hearing instruments. Unethical conduct shall include, but not be limited to:
(a) Using or causing or promoting the use of, in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false, misleading or deceptive;
(b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty in connection with the promotion, sale, dispensing, or fitting of the hearing instrument;
(c) Advertising a particular model, type, or kind of hearing instrument for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing and where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are found or should have been found to exist either from observations by the licensee or certificate or interim permit holder or on the basis of information furnished by the prospective hearing instrument user prior to fitting and dispensing a hearing instrument to any such prospective hearing instrument user, failing to advise that prospective hearing instrument user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is available in the community then to any duly licensed physician:
(A) Visible congenital or traumatic deformity of the ear, including perforation of the eardrum;
(B) History of, or active drainage from the ear within the previous ninety days;
(C) History of sudden or rapidly progressive hearing loss within the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable standards have been established as defined by the food and drug administration;
(G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the board may by rule establish. It is a violation of this subsection for any licensee or certificate holder or that licensee's or certificate holder's employees and putative agents upon making such required referral for medical opinion to in any manner whatsoever disparage or discourage a prospective hearing instrument user from seeking such medical opinion prior to the fitting and dispensing of a hearing instrument. No such referral for medical opinion need be made by any licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder in the instance of replacement only of a hearing instrument which has been lost or damaged beyond repair within twelve months of the date of purchase. The licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder or their employees or putative agents shall obtain a signed statement from the hearing instrument user documenting the waiver of medical clearance and the waiver shall inform the prospective user that signing the waiver is not in the user's best health interest: PROVIDED, That the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder shall maintain a copy of either the physician's statement showing that the prospective hearing instrument user has had a medical evaluation within the previous six months or the statement waiving medical evaluation, for a period of three years after the purchaser's receipt of a hearing instrument. Nothing in this section required to be performed by a licensee or certificate or interim permit holder shall mean that the licensee or certificate or interim permit holder is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited under the laws of this state;
(ii) Fitting and dispensing a hearing instrument to any person under eighteen years of age who has not been examined and cleared for hearing instrument use within the previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or except in the case of the parents or guardian of such person refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person refuse, for good cause, to seek medical opinion, the licensed hearing instrument fitter/dispenser or certified audiologist shall obtain from such parents or guardian a certificate to that effect in a form as prescribed by the department;
(iii) Fitting and dispensing a hearing instrument to any person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in audiology for recommendations during the previous six months, without first advising such person or his or her parents or guardian in writing that he or she should first consult an audiologist who holds at least a master's degree in audiology, except in cases of hearing instruments replaced within twelve months of their purchase;
(f) Representing that the services or advice of a person licensed to practice medicine and surgery under chapter 18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the word "doctor," "clinic," or other like words, abbreviations, or symbols which tend to connote a medical or osteopathic medicine and surgery profession when such use is not accurate;
(g) Permitting another to use his or her license, certificate, or interim permit;
(h) Stating or implying that the use of any hearing instrument will restore normal hearing, preserve hearing, prevent or retard progression of a hearing impairment, or any other false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing instrument;
(i) Representing or implying that a hearing instrument is or will be "custom-made," "made to order," "prescription made," or in any other sense specially fabricated for an individual when that is not the case; or
(j) Directly or indirectly offering, giving, permitting, or causing to be given, money or anything of value to any person who advised another in a professional capacity as an inducement to influence that person, or to have that person influence others to purchase or contract to purchase any product sold or offered for sale by the hearing instrument fitter/dispenser, audiologist, or interim permit holder, or to influence any person to refrain from dealing in the products of competitors.
(2) Engaging in any unfair or deceptive practice or unfair method of competition in trade within the meaning of RCW 19.86.020.
(3) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.
Sec. 9. RCW 18.35.120 and 1996 c 200 s 17 are each amended to read as follows:
A licensee or certificate or interim permit holder under this chapter may also be subject to disciplinary action if the licensee or certificate or interim permit holder:
(1) Is found guilty in any court of any crime involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years have not elapsed since the date of the conviction; or
(2) Has a judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in the action, but a license or certificate shall not be issued unless the judgment debt has been discharged; or
(3) Has a judgment entered against him or her under chapter 19.86 RCW and two years have not elapsed since the entry of the final judgment; but a license or certificate shall not be issued unless there has been full compliance with the terms of such judgment, if any. The judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license or certificate unless the judgment arises out of and is based on acts of the applicant, licensee, certificate holder, or employee of the licensee or certificate holder; or
(4) Commits unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary act.
Sec. 10. RCW 18.35.140 and 1996 c 200 s 18 are each amended to read as follows:
The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:
(1) To provide space necessary to carry out the examination set forth in RCW 18.35.070 of applicants for hearing instrument fitter/dispenser licenses or audiology certification.
(2) To authorize all disbursements necessary to carry out the provisions of this chapter.
(3) To require the periodic examination of testing equipment, as defined by the board, and to carry out the periodic inspection of facilities or establishments of persons who are licensed or certified under this chapter, as reasonably required within the discretion of the department.
(4) To appoint advisory committees as necessary.
(5) To keep a record of proceedings under this chapter and a register of all persons licensed, certified, or holding interim permits under this chapter. The register shall show the name of every living licensee or interim permit holder for hearing instrument fitting/dispensing, every living certificate or interim permit holder for speech-language pathology, every living certificate or interim permit holder for audiology, with his or her last known place of residence and the date and number of his or her license, interim permit, or certificate.
Sec. 11. RCW 18.35.161 and 1996 c 200 s 20 are each amended to read as follows:
The board shall have the following powers and duties:
(1) To establish by rule such minimum standards and procedures in the fitting and dispensing of hearing instruments as deemed appropriate and in the public interest;
(2) ((To develop guidelines on the training and supervision of hearing instrument fitter/dispenser permit holders and to establish requirements regarding the extent of apprenticeship training and certification to the department;
(3))) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it;
(((4))) (3) To develop, approve, and administer or supervise the administration of examinations to applicants for licensure and certification under this chapter;
(((5))) (4) To require a licensee or certificate or interim permit holder to make restitution to any individual injured by a violation of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not limit the board's authority to take other action deemed appropriate and provided for in this chapter or chapter 18.130 RCW;
(((6))) (5) To pass upon the qualifications of applicants for licensure, certification, or interim permits and to certify to the secretary;
(((7))) (6) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or certificate under this chapter;
(((8))) (7) To keep an official record of all its proceedings. The record is evidence of all proceedings of the board that are set forth in this record;
(((9))) (8) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, interim permit holders, and consumers in this state; and
(((10))) (9) To adopt rules relating to standards of care relating to hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices.
Sec. 12. RCW 18.35.172 and 1996 c 200 s 22 are each amended to read as follows:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, certificates, and interim permits, and the discipline of licensees and certificate and permit holders under this chapter.
Sec. 13. RCW 18.35.185 and 1996 c 200 s 25 are each amended to read as follows:
(1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing instrument shall have the right to rescind the transaction for other than the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder's breach if:
(a) The purchaser, for reasonable cause, returns the hearing instrument or holds it at the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder's disposal, if the hearing instrument is in its original condition less normal wear and tear. "Reasonable cause" shall be defined by the board but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser about wearing a hearing instrument; and
(b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment employing the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder at the time the hearing instrument was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser from evaluating the hearing instrument, and the purchaser notifies the establishment employing the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder of the problem during the thirty days following the date of delivery and documents such notification, the deadline for posting the notice of rescission shall be extended by an equal number of days as those between the date of the notification of the problem to the date of notification of availability for redeliveries. Where the hearing instrument is returned to the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder for any inspection for modification or repair, and the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder has notified the purchaser that the hearing instrument is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing instrument or instructing the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder to forward it to the purchaser, then the deadline for giving notice of the recision shall extend no more than seven working days after this notice of availability.
(2) If the transaction is rescinded under this section or as otherwise provided by law and the hearing instrument is returned to the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder, the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder shall refund to the purchaser any payments or deposits for that hearing instrument. However, the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder may retain, for each hearing instrument, fifteen percent of the total purchase price or one hundred twenty-five dollars, whichever is less. After December 31, 1996, the recision amount shall be determined by the board. The licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder shall also return any goods traded in contemplation of the sale, less any costs incurred by the licensed hearing instrument fitter/dispenser, certified audiologist, or interim permit holder in making those goods ready for resale. The refund shall be made within ten business days after the rescission. The buyer shall incur no additional liability for such rescission.
(3) For the purposes of this section, the purchaser shall have recourse against the bond held by the establishment entering into a purchase agreement with the buyer, as provided by RCW 18.35.240.
Sec. 14. RCW 18.35.190 and 1996 c 200 s 26 are each amended to read as follows:
In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed or certified or to hold ((a)) an interim permit ((hereunder)) under this chapter, or by any assignee or transferee, it shall be necessary to allege and prove that the licensee or certificate or interim permit holder at the time of the transaction held a valid license, certificate, or interim permit as required by this chapter, and that such license, certificate, or interim permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.
Sec. 15. RCW 18.35.195 and 1996 c 200 s 27 are each amended to read as follows:
(1) This chapter shall not apply to military or federal government employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a board-approved program who are directly supervised by a licensed hearing instrument fitter/dispenser ((or)), a certified audiologist under the provisions of this chapter, or an instructor at a two-year hearing instrument fitter/dispenser degree program that is approved by the board; and
(b) Hearing instrument fitter/dispensers, speech-language pathologists, or audiologists of other states, territories, or countries, or the District of Columbia while appearing as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, hearing instrument fitter/dispenser, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter.
Sec. 16. RCW 18.35.205 and 1996 c 200 s 28 are each amended to read as follows:
The legislature finds that the public health, safety, and welfare would best be protected by uniform regulation of hearing instrument fitter/dispensers, speech-language pathologists, audiologists, and interim permit holders throughout the state. Therefore, the provisions of this chapter relating to the licensing or certification of hearing instrument fitter/dispensers, speech-language pathologists, and audiologists and regulation of interim permit holders and their respective establishments or facilities is exclusive. No political subdivision of the state of Washington within whose jurisdiction a hearing instrument fitter/dispenser, audiologist, or speech-language pathologist establishment or facility is located may require any registrations, bonds, licenses, certificates, or interim permits of the establishment or facility or its employees or charge any fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing herein shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied on all businesses, or to levy a tax based upon the gross business conducted by any firm within the political subdivision.
Sec. 17. RCW 18.35.230 and 1996 c 200 s 29 are each amended to read as follows:
(1) Each licensee or certificate or interim permit holder shall name a registered agent to accept service of process for any violation of this chapter or rule adopted under this chapter.
(2) The registered agent may be released at the expiration of one year after the license, certificate, or interim permit issued under this chapter has expired or been revoked.
(3) Failure to name a registered agent for service of process for violations of this chapter or rules adopted under this chapter may be grounds for disciplinary action.
Sec. 18. RCW 18.35.240 and 1996 c 200 s 30 are each amended to read as follows:
(1) Every establishment engaged in the fitting and dispensing of hearing instruments shall file with the department a surety bond in the sum of ten thousand dollars, running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the establishment's employees or agents of any of the provisions of this chapter or rules adopted by the secretary.
(2) In lieu of the surety bond required by this section, the establishment may file with the department a cash deposit or other negotiable security acceptable to the department. All obligations and remedies relating to surety bonds shall apply to deposits and security filed in lieu of surety bonds.
(3) If a cash deposit is filed, the department shall deposit the funds. The cash or other negotiable security deposited with the department shall be returned to the depositor one year after the establishment has discontinued the fitting and dispensing of hearing instruments if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security. The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing instruments in order that the cash deposit or other security may be released at the end of one year from that date.
(4) A surety may file with the department notice of withdrawal of the bond of the establishment. Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.
(5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.
(6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.
(7) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first page the bond number of the establishment or the licensee or certificate or interim permit holder fitting/dispensing the hearing instrument.
Sec. 19. RCW 18.35.250 and 1996 c 200 s 31 are each amended to read as follows:
(1) In addition to any other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond, cash deposit, or security in lieu of a surety bond required by this chapter, by any person having a claim against a licensee or certificate or interim permit holder, agent, or establishment for any violation of this chapter or any rule adopted under this chapter. The aggregate liability of the surety to all claimants shall in no event exceed the sum of the bond. Claims shall be satisfied in the order of judgment rendered.
(2) An action upon the bond shall be commenced by serving and filing the complaint within one year from the date of the cancellation of the bond. An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing instruments by that establishment. Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started. The service constitutes service on the surety. The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.
(3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond. In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license or certificate until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.
(4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security.
Sec. 20. RCW 18.35.260 and 1996 c 200 s 16 are each amended to read as follows:
(1) A person who is not licensed with the secretary as a hearing instrument fitter/dispenser under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "licensed hearing instrument fitter/dispenser," "hearing instrument specialist," or "hearing aid fitter/dispenser," or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a licensed hearing instrument fitter/dispenser.
(2) A person who is not certified with the secretary as a speech-language pathologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words including "certified speech-language pathologist" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a certified speech-language pathologist.
(3) A person who is not certified with the secretary as an audiologist under the requirements of this chapter may not represent himself or herself as being so certified and may not use in connection with his or her name the words "certified audiologist" or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a certified audiologist.
(4) ((A person who does not hold a permit issued by the secretary as a hearing instrument fitter/dispenser permittee under the requirements of this chapter may not represent himself or herself as being so permitted and may not use in connection with his or her name the words "hearing instrument fitter/dispenser permit holder" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a hearing instrument fitter/dispenser permit holder.
(5))) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed.
NEW SECTION. Sec. 21. Sections 1 through 14 and 16 through 20 of this act take effect January 1, 2003."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care striking amendment to Substitute House Bill No. 2688.
The motion by Senator Johnson carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Deccio, the following title amendment was adopted:
On page 1, line 1 of the title, after "dispensers;" strike the remainder of the title and insert "amending RCW 18.35.010, 18.35.020, 18.35.040, 18.35.060, 18.35.090, 18.35.100, 18.35.105, 18.35.120, 18.35.140, 18.35.161, 18.35.172, 18.35.185, 18.35.190, 18.35.195, 18.35.205, 18.35.230, 18.35.240, 18.35.250, and 18.35.260; reenacting and amending RCW 18.35.110; and providing an effective date."
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 2688, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2688, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2688, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Brown, McCaslin, Patterson and Roach - 4. SUBSTITUTE HOUSE BILL NO. 2688, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2692, by Representatives Clements, H. Sommers, Tokuda and Cooke (by request of Department of Social and Health Services)
Clarifying references to food stamps or food stamp benefits transferred electronically.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, House Bill No. 2692 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2692.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2692 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Anderson and Finkbeiner - 2. Excused: Senators Brown and Roach - 2. HOUSE BILL NO. 2692, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2698, by Representatives B. Thomas, Dunshee, Wensman, Gardner and Ballasiotes (by request of Governor Locke)
Resolving conflicts in lodging tax statutes enacted in 1997.
The bill was read the second time.
MOTION
On motion of Senator Sellar, the rules were suspended, House Bill No. 2698 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2698.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2698 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Brown and Roach - 2. HOUSE BILL NO. 2698, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2704, by Representatives Skinner, Cody and Anderson
Creating inactive license status for physical therapists.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the following Committee on Health and Long-Term Care amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 18.74 RCW to read as follows:
Any physical therapist licensed under this chapter not practicing physical therapy or providing services may place his or her license in an inactive status. The board shall prescribe requirements for maintaining an inactive status and converting from an inactive or active status. The secretary may establish fees for alterations in license status.
"MOTION
On motion of Senator Johnson, the rules were suspended, House Bill No. 2704, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2704, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2704, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Brown and Roach - 2. HOUSE BILL NO. 2704, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2788, by Representatives Backlund, Cody, Dyer and Kenney
Training nursing assistants.
The bill was read the second time.
MOTION
On motion of Senator Strannigan, the rules were suspended, House Bill No. 2788 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2788.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2788 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Roach - 1. HOUSE BILL NO. 2788, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2797, by Representatives Regala, Buck, Ogden, Tokuda, Hatfield and Kessler
Modifying the membership of the natural heritage advisory council.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, House Bill No. 2797 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2797.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2797 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Roach - 1. HOUSE BILL NO. 2797, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1977, by House Committee on Education (originally sponsored by Representatives Honeyford, Boldt and Dunn)
Allowing arrangements for running start students to attend out-of-state community colleges.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 1977 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1977.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1977 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senators Fairley, Kohl, Prince and Spanel - 4. Excused: Senator Roach - 1. SUBSTITUTE HOUSE BILL NO. 1977, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1308, by Representatives Mielke, McMorris, Mulliken, Sterk and McDonald
Providing additional exemptions from state law for the handling of hazardous devices.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, House Bill No. 1308 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1308.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1308 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Deccio - 1. Excused: Senator Roach - 1. HOUSE BILL NO. 1308, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2773, by House Committee on Energy andUtilities (originally sponsored by Representatives Poulsen, Crouse, Morris, Cooper and Constantine)
Requiring electric utilities to provide net metering systems to their customer-generators.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the following Committee on Energy and Utilities amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is in the public interest to:
(1) Encourage private investment in renewable energy resources;
(2) Stimulate the economic growth of this state; and
(3) Enhance the continued diversification of the energy resources used in this state.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Commission" means the utilities and transportation commission.
(2) "Customer-generator" means a user of a net metering system.
(3) "Electrical company" means a company owned by investors that meets the definition of RCW 80.04.010.
(4) "Electric cooperative" means a cooperative or association organized under chapter 23.86 or 24.06 RCW.
(5) "Electric utility" means any electrical company, public utility district, irrigation district, port district, electric cooperative, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.
(6) "Irrigation district" means an irrigation district under chapter 87.03 RCW.
(7) "Municipal electric utility" means a city or town that owns or operates an electric utility authorized by chapter 35.92 RCW.
(8) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator that is fed back to the electric utility over the applicable billing period.
(9) "Net metering system" means a facility for the production of electrical energy that:
(a) Uses as its fuel either solar, wind, or hydropower;
(b) Has a generating capacity of not more than twenty-five kilowatts;
(c) Is located on the customer-generator's premises;
(d) Operates in parallel with the electric utility's transmission and distribution facilities; and
(e) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.
(10) "Port district" means a port district within which an industrial development district has been established as authorized by Title 53 RCW.
(11) "Public utility district" means a district authorized by chapter 54.04 RCW.
NEW SECTION. Sec. 3. An electric utility:
(1) Shall offer to make net metering available to eligible customers-generators on a first-come, first-served basis until the cumulative generating capacity of net metering systems equals 0.1 percent of the utility's peak demand during 1996;
(2) Shall allow net metering systems to be interconnected using a standard kilowatt-hour meter capable of registering the flow of electricity in two directions, unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment:
(a) That the use of additional metering equipment to monitor the flow of electricity in each direction is necessary and appropriate for the interconnection of net metering systems, after taking into account the benefits and costs of purchasing and installing additional metering equipment; and
(b) How the cost of purchasing and installing an additional meter is to be allocated between the customer-generator and the utility;
(3) Shall charge the customer-generator a minimum monthly fee that is the same as other customers of the electric utility in the same rate class, but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge unless the commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines, after appropriate notice and opportunity for comment that:
(a) The electric utility will incur direct costs associated with interconnecting or administering net metering systems that exceed any offsetting benefits associated with these systems; and
(b) Public policy is best served by imposing these costs on the customer-generator rather than allocating these costs among the utility's entire customer base.
NEW SECTION. Sec. 4. Consistent with the other provisions of this chapter, the net energy measurement must be calculated in the following manner:
(1) The electric utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.
(2) If the electricity supplied by the electric utility exceeds the electricity generated by the customer-generator and fed back to the electric utility during the billing period, the customer-generator shall be billed for the net electricity supplied by the electric utility, in accordance with normal metering practices.
(3) If electricity generated by the customer-generator exceeds the electricity supplied by the electric utility, the customer-generator:
(a) Shall be billed for the appropriate customer charges for that billing period, in accordance with section 3 of this act; and
(b) Shall be credited for the excess kilowatt-hours generated during the billing period, with this kilowatt-hour credit appearing on the bill for the following billing period.
At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility, without any compensation to the customer-generator.
NEW SECTION. Sec. 5. (1) A net metering system used by a customer-generator shall include, at the customer-generator's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the national electrical code, national electrical safety code, the institute of electrical and electronics engineers, and underwriters laboratories.
(2) The commission, in the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer-generators that the commission determines are necessary to protect public safety and system reliability.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 80 RCW."
MOTIONS
On motion of Senator Finkbeiner, the following title amendment was adopted:
On page 1, line 2 of the title, after "systems;" strike the remainder of the title and insert "and adding a new chapter to Title 80 RCW."
On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 2773, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2773, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2773, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE HOUSE BILL NO. 2773, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2476, by Representatives Schoesler, Sheahan, Honeyford, Sump, Mulliken, Buck, Chandler, McMorris and Zellinsky
Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, House Bill No. 2476 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2476.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2476 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. HOUSE BILL NO. 2476, 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. 6758, by Senators Long, Hargrove and West
Repealing the expiration date for the work ethic camp program.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, Senate Bill No. 6758 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 Hale, Senator Deccio was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6758.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6758 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Deccio - 1.. SENATE BILL NO. 6758, 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 Hale, Senator Hochstatter was excused.
SECOND READING
HOUSE BILL NO. 2577, by Representatives Hankins and Delvin
Using and administering the Hanford area economic investment fund.
The bill was read the second time.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, House Bill No. 2577 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2577.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2577 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Deccio and Hochstatter - 2. . HOUSE BILL NO. 2577, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1043, by House Committee on Law and Justice (originally sponsored by Representatives Schoesler, Dunn and Smith)
Requiring the state landlord/tenant act to preempt all other local landlord/tenant acts.
The bill was read the second time.
MOTION
Senator Roach moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that the important goal of maximizing local control of public policy issues sometimes needs to be balanced with the also important goal of providing predictability and consistency in laws likely to be encountered by citizens as they move or engage in business across the state.
(2) In order to provide a substantial measure of uniformity in the application of state landlord-tenant law while recognizing the importance of the process that has already led some local jurisdictions to adopt local laws, it is the intent of the legislature that:
(a) Local jurisdictions that have not adopted ordinances regulating residential landlord-tenant relationships before January 1, 1999, not adopt ordinances inconsistent with chapter 59.18 RCW, the state residential landlord-tenant act; and
(b) Local laws in existence as of January 1, 1999, not be amended in a manner inconsistent with section 2 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 RCW to read as follows:
Except as provided in section 3 of this act, the state of Washington hereby fully occupies and preempts the field of landlord-tenant regulation within the boundaries of the state. Local laws not in existence as of January 1, 1999, that are inconsistent with, more or less restrictive than, or exceed or fall below the requirements of state law shall not be enacted regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality. Local laws in existence as of January 1, 1999, shall not be amended to create inconsistencies with this section.
Except as provided in section 3 of this act, affirmative defenses to an unlawful detainer action that change the duties of a landlord or tenant that are inconsistent with, more or less restrictive than, or exceed or fall below the requirements of state law shall not be enacted regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 RCW to read as follows:
(1) Section 2 of this act does not apply to local laws that are intended to affect directly the physical safety of a residential tenant. For purposes of this section "physical safety" means the physical health or security of a tenant.
(2) In any proceeding to determine whether a local law directly affects physical safety, a court shall not restrict its consideration to a statement of local legislative intent or finding and shall consider whether voiding a local law as inconsistent with this chapter will result in a direct and significant increase in the risk to the physical safety of residential tenants."
MOTION
Senator Fairley moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:
On page 2, after line 16, insert the following:
"(3) Section 2 of this act does not apply to local laws that are intended to protect tenants from discrimination on the basis of race, ancestry, gender, national origin, marital status, creed, color, age, parental status, participation in a program under section eight of the United States Housing Act (42 USC 1437 (f)) as now or hereafter amended, political ideology, the presence of any sensory, mental or physical disability, or the use of a trained guide dog or service dog by a disabled person."
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
POINT OF INQUIRY
Senator Franklin: “Senator Fairley, does this amendment that you have reinstate the Fair Housing Act?”
Senator Fairley: “Yes, it does.”
Senator Franklin: “Because without this amendment, then the Fair Housing Act, would have strong implications?”
Senator Fairley: “Yes, it would. That is why we put it in.”
Senator Franklin: “Thank you.”
POINT OF INQUIRY
Senator Anderson: “Senator Fairley, having just seen this and myself--on a lot of the bills dealing with the land use issues--I have been working with the Association of Counties and Cities. Have you been working with the Association of Cities and Counties on this particular issue and would it affect just cities or both cities and counties or--”
Senator Fairley: “It would affect all local government. So, yes, it would.”
Senator Anderson: “And have you talked with the cities and counties--that they have seen this amendment and have you worked with them on language?”
Senator Fairley: “I did last year--yes--not this year and having been a city council woman, I am very aware of how AWC would look at this amendment.”
Senator Anderson: “So, what is--are they for this or against it?”
Senator Fairley: “Yes, very much so.”
Senator Anderson: “Both the cities and counties are for this amendment?”
Senator Fairley: “I have not spoken to the counties, specifically, on this amendment.”
Senator Anderson: “Okay.”
MOTION
On motion of Senator Johnson, and there being no objection, further consideration of Substitute House Bill No. 1043 was deferred.
APPOINTMENT OF SPECIAL COMMITTEE
The President announced the presence of the 1998 Washington State Apple Blossom Festival Royalty in the Senate Chamber and appointed Senators Sellar, Prentice and Loveland to escort the honored guests to the rostrum.
The President welcomed and introduced Queen Krista Berechauer and Princesses Maria Gonzalez and Alea Pappe.
With permission of the Senate, business was suspended to permit Queen Krista and Princesses Maria and Alea to address the Senate.
The honored guests were escorted from the Senate Chamber and the committee was discharged.
MOTION
At 10:00 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:18 a.m.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Warren Moon, quarterback for the Seattle Seahawks, who was seated on the rostrum.
PERSONAL PRIVILEGE
Senator Kohl: “Mr. President, I rise for a point of personal privilege. As a member of the faculty at the University of Washington, I am very pleased to have Mr. Warren Moon here today with us. I would like to bring up to the body that Mr. Moon did start his football career as a young adult at the University of Washington, playing the position of quarterback for three years--1975 through 1977. During that time, he completed two hundred forty-two out of four hundred ninety-six passes for three thousand two hundred seventy-seven yards with nineteen touchdowns. During his senior year, he took the University of Washington to its first Rose Bowl game in fourteen years and fortunately upset the University of Michigan, twenty-seven to twenty.
“As a result of his prowess at that game, he was named as the most valuable player of the 1977 Rose Bowl, as well as the Pac Eight Player of the Year--for 1977. In 1984, he was introduced and inducted into the Husky Hall of Fame and also into the Rose Bowl Hall of Fame in 1997. He has certainly thrilled many people, young people, as well as adults over the years--in his playing at the University of Washington. Unfortunately, even though I understand, he wanted to stay in the state of Washington, he was not recruited by the Seahawks and instead went to another professional football team outside of our state. I'm very pleased that he is back here with us now as quarterback for the Seattle Seahawks. I would personally like to thank Warren Moon for all his contributions to the state of Washington. Thank you.”
. Senators Prentice, McCaslin, Snyder, Deccio, Heavey, McDonald, Hargrove, Prince, Franklin, Oke and Kohl welcomed the Seattle Seahawks quarterback to the Senate.
With permission of the Senate, business was suspended to permit Warren Moon to address the Senate.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2430, by House Committee on Appropriations (originally sponsored by Representatives Huff, Carlson, Kenney, Radcliff and McDonald) (by request of Committee on Advanced College Tuition Payment and Higher Education Coordinating Board)
Changing provisions relating to the advanced college tuition payment program.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Second Substitute House Bill No. 2430 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 House Bill No. 2430.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2430 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Hochstatter - 1.. SECOND SUBSTITUTE HOUSE BILL NO. 2430, 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 Goings, Senator Patterson was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2523, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville, Mulliken, Schoesler, Hatfield, Cooper, Skinner and Clements)
Regarding fire training activities.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 2523 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2523.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2523 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Patterson - 1.. SUBSTITUTE HOUSE BILL NO. 2523, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1441, by House Committee on Law and Justice (originally sponsored by Representatives McDonald, Pennington, Ballasiotes, Mielke, Hatfield, Lambert, Doumit, Costa, Bush, Dickerson, O'Brien, Keiser, Kastama and Smith)
Penalizing voyeurism.
The bill was read the second time.
MOTION
Senator Zarelli moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9A.44 RCW to read as follows:
(1) As used in this section:
(a) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, or any other recording or transmission of the image of a person;
(b) "Place where he or she would have a reasonable expectation of privacy" means:
(i) A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
(ii) A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance;
(c) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
(d) "Trespass" means to intentionally enter upon and remain unlawfully in and upon the property of another when not then licensed, invited, or otherwise permitted to so enter or remain;
(e) "Views" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(2) A person commits the crime of voyeurism if:
(a) For the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy; or
(b) While trespassing upon the property of another, the person knowingly views, photographs, or films another person, without that person's knowledge and consent while the person being viewed, photographed, or filmed is inside his or her private residence.
(3) Voyeurism is a class C felony.
(4) This section does not apply to:
Viewing, photographing, or filming by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.
Sec. 2. RCW 9A.04.080 and 1997 c 174 s 1 and 1997 c 97 s 1 are each reenacted and amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under section 1 of this act, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than two years after its commission.
(j) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
MOTION
Senator Fairley moved that the following amendments to the Committee on Law and Justice striking amendment be considered simultaneously and be adopted:
On page 1, line 31 of the amendment, strike "(a)"
On page 1, line 35 of the amendment, after "privacy" strike "; or" and insert "."
On page 2, beginning on line 1 of the amendment, strike all material beginning with "(b)" through "residence." on line 4
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fairley on page 1, lines 31 and 35, and page 2, beginning on line 1, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1441.
The motion by Senator Fairley failed and the amendments to the committee striking amendment were not adopted.
MOTION
Senator Fairley moved that the following amendment to the Committee on Law and Justice striking amendment be adopted:
On page 2, line 1 of the amendment, after "another," insert "with intent to intimidate or harass,"
Debate ensued.
POINT OF INQUIRY
Senator Fairley: “Senator Zarelli, no where in your language does it say that when you are trespassing--and under this section that you have to have an intent for sexual gratification--did you mean it to be in there?”
Senator Zarelli: “No, the language states, 'While trespassing upon the property of another, the person knowingly views, photographs or films another person without that person' s knowledge and consent, while the person is being viewed, photographed or filmed inside his or her private residence.' The courts have proven time and time again that there is an expectation of privacy inside your home. So, if somebody is trespassing on your property, viewing inside your home--”
Senator Fairley: “I asked you if you meant to have intent for sexual gratification?”
Senator Zarelli: “I did not in this section--no.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 2, line 1, to the Committee on Law and Justice striking amendment to Substitute House Bill No. 1441.
The motion by Senator Fairley failed and the amendment to the committee striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment to Substitute House Bill No. 1441.
The motion by Senator Zarelli carried and the committee striking amendment was adopted on a rising vote.
MOTIONS
On motion of Senator Zarelli, the following title amendment was adopted:
On page 1, line 1 of the title, after "voyeurism;" strike the remainder of the title and insert "reenacting and amending RCW 9A.04.080; adding a new section to chapter 9A.44 RCW; and prescribing penalties."
On motion of Senator Zarelli, the rules were suspended, Substitute House Bill No. 1441, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Heavey: “Senator Zarelli, I certainly agree with you on the recording and the using of cameras. My concern is with the viewing. I want to give you three examples that I know about and I think you can give me a yes or no answer. Question, true story--high school in Seattle who will remain nameless, but we have two members here that are graduates and their colors are yellow and green--girls find a brick that can be removed and can look into the boys' shower room. That is the first question; would they be guilty of a crime looking into the boys' shower room? Second question, boys some distance from a girls' dormitory at a university using binoculars--looking at the different rooms to see if any girls are in their rooms. Three, when I was a paper boy, I walked between two houses, looked over and saw a young couple fully clothed, but they were kissing--I stopped for more than a moment and looked. I was between two houses on the property line. I assume, under this bill, that the girls at the high school, the boys at the college and me, the paper boy, are all guilty of a crime. Is that true or not?”
Senator Zarelli: “I couldn't answer that without further information.”
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1441, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1441, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 34. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Heavey, Kline, Kohl, Loveland, McAuliffe, Prentice, Sheldon, B., Spanel, Thibaudeau and Wojahn - 14. Absent: Senator Prince - 1... SUBSTITUTE HOUSE BILL NO. 1441, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:09 p.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:33 p.m. by President Owen.
SECOND READING
HOUSE JOINT MEMORIAL NO. 4032, by Representatives Buck, Butler, Chandler, DeBolt, Sehlin, Hatfield, McCune, Doumit, Kessler, Zellinsky and Thompson
Regarding salmon and steelhead under the federal Endangered Species Act.
The joint memorial was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, House Joint Memorial No. 4032 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4032.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4032 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senators Brown, McCaslin, Sellar and West - 4.. HOUSE JOINT MEMORIAL NO. 4032, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035, by House Committee on Natural Resources (originally sponsored by Representatives Dyer, Butler, Schoesler, Mastin, Linville, Sehlin, Buck, Huff, Mulliken, Chandler and Koster)
Urging legislation facilitating forest land exchange.
The joint memorial was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Joint Memorial No. 4035 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Joint Memorial No. 4035.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Joint Memorial No. 4035 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.. SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4035, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1121, by House Committee on Children and Family Services (originally sponsored by Representatives Veloria, Cooke, Tokuda, Wolfe, Dunn and Costa)
Revising legal custody of children.
The bill was read the second time.
MOTION
Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.030 and 1995 c 311 s 23 are each amended to read as follows:
For purposes of this chapter:
(1) "Child" and "juvenile" means any individual under the age of eighteen years.
(2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.
(3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.
(4) "Dependent child" means any child:
(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;
(b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;
(c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or
(d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.
(5) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.
(6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.
(7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(9) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.
Sec. 2. RCW 13.34.130 and 1995 c 313 s 2, 1995 c 311 s 19, and 1995 c 53 s 1 are each reenacted and amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.
(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services 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 that:
(i) There is no parent or guardian available to care for such child;
(ii) The parent, guardian, or legal custodian is not willing to take custody of the child;
(iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or
(iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.
(2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.
(3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:
(a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.
(b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.
(c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.
(4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
(5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
Sec. 3. RCW 13.34.145 and 1995 c 311 s 20 and 1995 c 53 s 2 are each reenacted and amended to read as follows:
(1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
(a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.
(b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.
(d) For purposes related to permanency planning:
(i) "Guardianship" means a dependency guardianship pursuant to this chapter, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.
(ii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.
(2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.
(3)(a) For children ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree ((or)), guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the current placement episode.
(b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree ((or)), guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve or eighteen months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree ((or)), guardianship order, or permanent custody order is entered, or the dependency is dismissed.
(5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.
(6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:
(a)(i) Order the permanency plan prepared by the agency to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.
(7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.
(8) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when, (a) the court has ordered implementation of a permanency plan that includes legal guardianship or permanent legal custody, and (b) the party pursuing the legal guardianship or permanent legal custody is the party identified in the permanency plan as the prospective legal guardian or custodian. During the pendency of such proceeding, juvenile court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.
(9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.
(((9))) (10) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.
(((10))) (11) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
(((11))) (12) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.
(((12))) (13) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
Sec. 4. RCW 26.10.030 and 1987 c 460 s 27 are each amended to read as follows:
(1) Except as authorized for proceedings brought under chapter 26.50 RCW in district or municipal courts, a child custody proceeding is commenced in the superior court by a person other than a parent, by filing a petition seeking custody of the child in the county where the child is permanently resident or where the child is found, but only if the child is not in the physical custody of one of its parents or if the petitioner alleges that neither parent is a suitable custodian. Prior to a child custody hearing, the court shall determine if the child is the subject of a pending dependency action.
(2) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The court may, upon a showing of good cause, permit the intervention of other interested parties."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment to Substitute House Bill No. 1121.
The motion by Senator Long carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "amending RCW 13.34.030 and 26.10.030; and reenacting and amending RCW 13.34.130 and 13.34.145."
On motion of Senator Long, the rules were suspended, Substitute House Bill No.1121, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1121, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1121, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senators Kline and Sheldon, B. - 2.. SUBSTITUTE HOUSE BILL NO. 1121, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2293, by Representatives Sherstad, Sheahan, Costa, Scott, Dunshee, Anderson and Constantine (by request of Administrator for the Courts)
Authorizing Snohomish county to create one additional district court position.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, House Bill No. 2293 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2293.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2293 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senators Deccio and Sheldon, B. - 2.. HOUSE BILL NO. 2293, 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. 6562, by Senators Schow, Heavey, Rasmussen and Anderson
Providing relief for the equine industry.
MOTIONS
On motion of Senator Schow, Second Substitute Senate Bill No. 6562 was substituted for Senate Bill No. 6562 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the following amendments by Senators Schow, Heavey, McCaslin, Roach, Johnson, Rasmussen and Loveland were considered simultaneously and adopted:
On page 2, line 9, after "this fund" insert "and from RCW 67.16.105(4)"
On page 4, line 38, after "payment." insert "The commission shall transfer funds generated under subsection (2) of this section equal to the difference between funds collected under this subsection (3) in a calendar year and three hundred thousand dollars, and distribute that amount under this subsection (3).
(4) Beginning July 1, 1999, at the conclusion of each authorized race meet, the commission shall calculate the mathematical average daily gross receipts of parimutuel wagering that is conducted only at the physical location of the live race meet at those race meets of licensees with gross receipts of all their in-state parimutuel machines of more than fifty million dollars. Such calculation shall include only the gross parimutuel receipts from wagering occurring on live racing dates, including live racing receipts and receipts derived from one simulcast race card that is conducted only at the physical location of the live racing meet, which, for the purposes of this subsection, is "the handle." If the calculation exceeds eight hundred eighty-six thousand dollars, the licensee shall within ten days of receipt of written notification by the commission forward to the commission a sum equal to the product obtained by multiplying 0.6 percent by the handle. Sums collected by the commission under this subsection shall be forwarded on the next business day following receipt thereof to the state treasurer to be deposited n the fair fund created in section 2 of this act."
MOTIONS
On motion of Senator Schow, the following amendment by Senators Schow, Heavey, McCaslin, West and Loveland was adopted:
On page 7, beginning on line 31, strike all material down to and including page 8, line 17.
Renumber the sections consecutively and correct any internal references accordingly.
On motion of Senator Schow, the following title amendment was adopted:
On page 1, line 6 of the title, strike "67.16.170, and 9.46.100" and insert "and 67.16.170"
MOTION
On motion of Senator Schow, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6562 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 Second Substitute Senate Bill No. 6562.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6562 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senators Fairley, Hargrove, Haugen, Oke and Prentice - 5.. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2529, by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, Veloria, McDonald, Kenney, Tokuda, Dickerson, Mason, Kessler, Constantine, Thompson and Ogden) (by request of Department of Community, Trade, and Economic Development)
Assisting small business exporters.
The bill was read the second time.
MOTIONS
On motion of Senator Schow, the following Committee on Commerce and Labor amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.210.020 and 1990 1st ex.s. c 17 s 66 are each amended to read as follows:
A nonprofit corporation, to be known as the small business export finance assistance center, and branches subject to its authority, may be formed under chapter 24.03 RCW for the following public purposes:
(1) To assist small and medium-sized businesses in both urban and rural areas in the financing of export transactions.
(2) To provide, singly or in conjunction with other organizations, information and assistance to these businesses about export opportunities and financing alternatives.
(((3) To provide information to and assist those businesses interested in exporting products, including the opportunities available to them in organizing export trading companies under the United States export trading company act of 1982, for the purpose of increasing their comparative sales volume and ability to export their products to foreign markets.))
Sec. 2. RCW 43.210.030 and 1995 c 399 s 106 are each amended to read as follows:
The small business export finance assistance center and its branches shall be governed and managed by a board of ((nineteen)) seven directors appointed by the governor, with the advice of the board, and confirmed by the senate. The directors shall serve terms of ((six years except that two of the original directors shall serve
for two years and two of the original directors shall serve for)) four years following the terms of service established by the initial appointments after the effective date of this section. Three appointees, including directors on the effective date of this section who are reappointed, must serve initial terms of two years and, if a director is reappointed that director may serve a consecutive four-year term. Four appointees, including directors on the effective date of this section who are reappointed, must serve initial terms of four years and, if a director is reappointed that director may serve a consecutive four-year term. After the initial appointments, directors may serve two consecutive terms. The directors may provide for the payment of their expenses. The directors shall include ((a)) the director of community, trade, and economic development or the director's designee; representatives of ((a not-for-profit corporation formed for the purpose of facilitating economic development, at least two representatives of state financial institutions engaged in the financing of export transactions, a representative of a port district, and a representative of organized labor. Of the remaining board members, there shall be one representative of business from the area west of Puget Sound, one representative of business from the area east of Puget Sound and west of the Cascade range, one representative of business from the area east of the Cascade range and west of the Columbia river, one representative of business from the area east of the Columbia river, the director of the department of community, trade, and economic development, and the director of the department of agriculture. One of the directors shall be a representative of the public selected from the area in the state west of the Cascade mountain range and one director shall be a representative of the public selected from that area of the state east of the Cascade mountain range. One director shall be a representative of the public at large. The directors shall be broadly representative of geographic areas of the state, and the representatives of businesses shall represent at least four different industries in different sized businesses as follows: (a) One representative of a company employing fewer than one hundred persons; (b) one representative of a company employing between one hundred and five hundred persons; (c) one representative of a company employing more than five hundred persons; (d) one representative from an export management company; and (e) one representative from an agricultural or food processing company)) a large financial institution engaged in financing export transactions in the state of Washington; a small financial institution engaged in financing export transactions in the state of Washington; a large exporting company domiciled in the state of Washington; a small exporting company in the state of Washington; organized labor in a trade involved in international commerce; and a representative at large. To the extent possible, appointments to the board shall reflect geographical balance and the diversity of the state population. Any vacancies on the board due to the expiration of a term or for any other reason shall be filled by appointment by the governor for the unexpired term.
Sec. 3. RCW 43.210.040 and 1987 c 505 s 43 are each amended to read as follows:
(1) The small business export finance assistance center formed under RCW 43.210.020 and 43.210.030 shall have the powers granted under chapter 24.03 RCW. In exercising such powers, the center may:
(a) Solicit and accept grants, contributions, and any other financial assistance from the federal government, federal agencies, and any other sources to carry out its purposes;
(b) ((Make loans to Washington businesses with annual sales of twenty-five million dollars or less for the purpose of financing exports of goods or services by those businesses to buyers in foreign countries. Loans by the small business export finance assistance center under this chapter shall not compete with nor be a substitute for available loans by a bank or other financial institution and shall only be considered upon a financial institution's assurance that such loan is not available;
(c) Provide loan guarantees on loans made by financial institutions to businesses with annual sales of one hundred million dollars or less for the purpose of financing exports of goods or services by those businesses to buyers in foreign countries;
(d) Establish and regulate the terms and conditions of any such loans and loan guarantees and charges for interest and services connected therewith;
(e))) Provide assistance to businesses with annual sales of two hundred million dollars or less in obtaining loans and guarantees of loans made by financial institutions for the purpose of financing export of goods or services from the state of Washington;
(c) Provide export ((financial)) finance and risk mitigation counseling to Washington exporters with annual sales of ((one)) two hundred million dollars or less, provided that such counseling is not practicably available from a Washington for-profit business. For such counseling, the center may charge ((such)) reasonable fees as it determines are necessary((.));
(((f))) (d) Provide assistance in obtaining export credit insurance or alternate forms of foreign risk mitigation to facilitate the export of goods and services from the state of Washington;
(e) Be available as a teaching resource to both public and private sponsors of workshops and programs relating to the financing and risk mitigation aspects of exporting products and services from the state of Washington;
(f) Develop a comprehensive inventory of export-financing resources, both public and private, including information on resource applicability to specific countries and payment terms;
(g) Contract with the federal government and its agencies to become a program administrator for federally provided ((country risk)) loan guarantee and export credit insurance programs ((and for the purposes of this chapter)); and
(((g))) (h) Take whatever action may be necessary to accomplish the purposes set forth in this chapter.
(2) The center may not use any Washington state funds or funds which come from the public treasury of the state of Washington to make loans or to make any payment under a loan guarantee agreement. Under no circumstances may the center use any funds received under RCW 43.210.050 to make or assist in making any loan or to pay or assist in paying any amount under a loan guarantee agreement. Debts of the center shall be center debts only and may be satisfied only from the resources of the center. The state of Washington shall not in any way be liable for such debts.
(3) The small business export finance assistance center shall make every effort to seek nonstate funds for its continued operation.
(4) The small business export finance assistance center may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the small business export finance assistance center and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments."
On motion of Senator Schow, the following title amendment was adopted:
On line 2 of the title, after "center;" strike the remainder of the title and insert "and amending RCW 43.210.020, 43.210.030, and 43.210.040."
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 2529, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2529, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2529, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49 SUBSTITUTE HOUSE BILL NO. 2529, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION TO LIMIT DEBATE
Senator Johnson: “Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be
prohibited from yielding their time. This motion shall be in effect through March 12, 1998.”
MOTION
Senator Snyder moved that the date for limited debate be amended from March 12, 1998, to March 6, 1998.
There being no objection, the motion by Senator Johnson was amended and debate will be limited through March 6, 1998.
SECOND READING
HOUSE BILL NO. 2534, by Representatives Parlette, Carlson, Anderson, Wensman, Alexander and Doumit
Waiving operating fees for students registered for a doctor of pharmacy.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, House Bill No. 2534 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2534.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2534 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. HOUSE BILL NO. 2534, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 3001, by House Committee on Commerce and Labor (originally sponsored by Representatives Honeyford, Delvin, Lisk and Cole)
Creating an exemption for wineries furnishing wine to nonprofit charitable organizations.
The bill was read the second time.
MOTIONS
On motion of Senator Schow, the following amendment by Senators Schow and Heavey was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.28.040 and 1997 c 39 s 1 are each amended to read as follows:
Except as permitted by the board under RCW 66.20.010, no brewer, wholesaler, distiller, winery, importer, rectifier, or other manufacturer of liquor shall, within the state, by himself or herself, a clerk, servant, or agent, give to any person any liquor; but nothing in this section nor in RCW 66.28.010 shall prevent a brewer, wholesaler, winery, distiller, or importer from furnishing samples of beer, wine, or spirituous liquor to authorized licensees for the purpose of negotiating a sale, in accordance with regulations adopted by the liquor control board, provided that the samples are subject to taxes imposed by RCW 66.24.290 and 66.24.210, and in the case of spirituous liquor, any product used for samples must be purchased at retail from the board; nothing in this section shall prevent the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board; nothing in this section shall prevent a brewery, winery, distillery, or wholesaler from furnishing beer, wine, or spirituous liquor for instructional purposes under RCW 66.28.150 and 66.28.155; nothing in this section shall prevent a winery or wholesaler from furnishing wine without charge, subject to the taxes imposed by RCW 66.24.210, to a not-for-profit group organized and operated solely for the purpose of enology or the study of viticulture which has been in existence for at least six months and ((any)) that uses wine so furnished ((shall be used)) solely for such educational purposes((, provided that the wine furnished shall be subject to the taxes imposed by RCW 66.24.210)) or a domestic winery from furnishing wine without charge or a domestic brewery from furnishing beer without charge, subject to the taxes imposed by RCW 66.24.210 or 66.24.290, to a nonprofit charitable corporation or association exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) or to a nonprofit entity exempt from taxation under section 501(c)(6) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(6)) for use consistent with the purpose or purposes entitling it to such exemption; nothing in this section shall prevent a brewer from serving beer without charge, on the brewery premises; nothing in this section shall prevent donations of wine for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises.
"On motion of Senator Schow, the following title amendment was adopted:
On page 1, line 2 of the title, after "organizations;" strike the remainder of the title and insert "and amending RCW 66.28.040."
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 3001, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 3001, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3001, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Voting nay: Senator Oke - 1. SUBSTITUTE HOUSE BILL NO. 3001, 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. 6187, by Senators Stevens, Oke, Schow, Benton, Zarelli and Swecker
Adding penalties for alcohol offenders.
POINT OF ORDER
Senator Betti Sheldon: “I would like to raise a point of order. I believe that considering Senate Bill No. 6187 is a violation of Senate Concurrent Resolution No. 8423. Tuesday, February 17, the thirty-seventh day of this session, was the cutoff for consideration of bills in their house of origin. This is now the fifty-first day of the session and I would argue that considering Senate Bill No. 6187 is a violation of that cutoff resolution, unless both houses of the Legislature amend Senate Concurrent Resolution No. 8423.”
Debate ensued.
RULING BY THE PRESIDENT
President Owen: “The President believes that Senate Bill No. 6187 is a matter that is necessary to implement the budget. Therefore, it is appropriate before us and the point of order is not well taken.”
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6187 was substituted for Senate Bill No. 6187 and the substitute bill was placed on second reading and read the second time.
Senator Roach moved that the following amendment by Senator Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.20.117 and 1993 c 452 s 3 are each amended to read as follows:
(1) The department shall issue "identicards," containing a picture, to nondrivers for a fee of four dollars. However, the fee shall be the actual cost of production to recipients of continuing public assistance grants under Title 74 RCW who are referred in writing to the department by the secretary of social and health services. The fee shall be deposited in the highway safety fund. To be eligible, each applicant shall produce evidence as required in RCW 46.20.035 that positively proves identity. The "identicard" shall be distinctly designed so that it will not be confused with the official driver's license. The identicard shall expire on the fifth anniversary of the applicant's birthdate after issuance.
(2) The department may cancel an "identicard" upon a showing by its records or other evidence that the holder of such "identicard" has committed a violation relating to "identicards" defined in RCW 46.20.336.
(3) The department shall cancel an "identicard" upon a showing by its records or other evidence that the holder of the identicard has been convicted of a violation of RCW 46.61.502 or 46.61.504. To obtain an identicard within five years of the conviction, the person must reapply and pay the normal fee.
The department shall clearly mark an identicard issued under this subsection to indicate that the person has been convicted of driving under the influence of alcohol or drugs within the last five years.
Sec. 2. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:
No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination. However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title. The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed. The department may not waive any part of the examination for a person whose license has been suspended or revoked within the last five years for conviction of a violation of RCW 46.61.502 or 46.61.504, but shall require the person to successfully complete all parts of the examination. For a new license examination a fee of seven dollars shall be paid by each applicant, in addition to the fee charged for issuance of the license. A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been expired for more than four years.
Any person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee under RCW 46.20.181. The penalty fee shall be deposited in the highway safety fund.
Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.
The department shall provide for giving examinations at places and times reasonably available to the people of this state.
Sec. 3. RCW 46.20.311 and 1997 c 58 s 807 are each amended to read as follows:
(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289, 46.20.291(5), or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be ((fifty)) the normal driver's license fee plus an additional three hundred dollars.
(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be ((fifty)) the normal driver's license fee plus an additional three hundred dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be ((fifty)) the normal driver's license fee plus an additional three hundred dollars.
(4) The department shall clearly mark a driver's license reissued under this section that had been suspended or revoked for a violation of RCW 46.61.502 or 46.61.504 or an equivalent violation under the laws of another state, province, or other jurisdiction to indicate that the person has been convicted of such a violation within the last five years or has been administratively suspended under RCW 46.20.308. The department shall continue to so mark any driver's license it issues to that person for five years.
Sec. 4. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed for a violation of RCW 46.61.502 or 46.61.504. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
(4) The department may issue an occupational driver's license to a person convicted of a violation of RCW 46.61.502 or 46.61.504 only if the person has successfully completed all parts of the driver's license examination in accordance with RCW 46.20.120 and has paid a fee of three hundred dollars in addition to any fee required elsewhere.
The department shall clearly mark an occupational driver's license issued under this subsection to indicate that the person's regular license was suspended or revoked for a violation of RCW 46.61.502 or 46.61.504 or an equivalent violation under the laws of another state, province, or other jurisdiction. The department shall continue to so mark any driver's license it issues to that person for five years after a conviction under RCW 46.61.502 or 46.61.504.
NEW SECTION. Sec. 5. A new section is added to chapter 46.68 RCW to read as follows:
The impaired driving safety account is created in the custody of the state treasurer. All receipts from fees collected under RCW 46.20.311 (1), (2), and (3) and 46.20.391(4) shall be deposited in the account. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.
Sec. 6. RCW 46.68.041 and 1995 2nd sp.s. c 3 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.
(2) Seventy-five percent of each fee collected by the department under RCW 46.20.311 (1), (2), and (3) and 46.20.391(4) shall be deposited in the impaired driving safety account.
NEW SECTION. Sec. 7. FOR THE STATE TREASURER--FOR TRANSFER TO THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
This funding is provided during the biennium ending June 30, 1999, to reimburse county governments for the costs of implementing legislation passed during the 1998 legislative session related to driving or boating while under the influence of intoxicating liquor or any drug. The amount appropriated under this section shall be distributed to counties in accordance with RCW 82.14.310.
NEW SECTION. Sec. 8. FOR THE STATE TREASURER--FOR TRANSFER TO THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
This funding is provided during the biennium ending June 30, 1999, to reimburse city governments for the costs of implementing legislation passed during the 1998 legislative session related to driving or boating while under the influence of intoxicating liquor or any drug. The amount appropriated under this section shall be distributed to cities in accordance with RCW 82.14.320.
Sec. 9. 1997 c 454 s 801 (uncodified) is amended to read as follows:
General Fund Appropriation for fire insurance
premiums distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,617,250
General Fund Appropriation for public utility
district excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,183,803
General Fund Appropriation for prosecuting
attorneys salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,960,000
General Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 84,721,573
General Fund Appropriation for local mass transit
assistance. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 383,208,166
General Fund Appropriation for camper and travel
trailer excise tax distribution. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,904,937
General Fund Appropriation for boating
safety/education and law enforcement
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,616,000
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 142,000
Liquor Excise Tax Account Appropriation for
liquor excise tax distribution. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,287,746
Liquor Revolving Fund Appropriation for liquor
profits distribution. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 36,989,000
Timber Tax Distribution Account Appropriation
for distribution to "Timber" counties. . . . . . .. . . . . . . . . . . . . . . . .$ 107,146,000
Municipal Sales and Use Tax Equalization Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 66,860,014
County Sales and Use Tax Equalization Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,843,224
Death Investigations Account Appropriation for
distribution to counties for publicly
funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,266,000
County Criminal Justice Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((80,634,471))
82,134,471
Municipal Criminal Justice Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((32,042,450))
33,042,450
County Public Health Account Appropriation. . .. . . . . . . . . . . . . . . . .$ ((43,773,588))
43,854,588
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((923,196,222))
925,777,222
The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes."
MOTION
Senator Fairley moved that the following amendments to the striking amendment by Senator Stevens be considered simultaneously and be adopted:
On page 1, line 29 of the amendment, after "shall" strike "clearly" and insert "obliquely"
On page 4, line 26 of the amendment, after "shall" strike "clearly" and insert "obliquely"
On page 6, line 3 of the amendment, after "shall" strike "clearly" and insert "obliquely"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fairley on page 1, line 29; page 4, line 26; and page 6, line 3, to the striking amendment by Senator Stevens to Substitute Senate Bill No. 6187.
The motion by Senator Fairley carried and the amendments to the striking amendment were adopted.
MOTION
On motion of Senator Haugen, the following amendment by Senators Haugen and West to the striking by Senator Stevens to Substitute Senate Bill No. 6187 was adopted:
On page 8, after line 26 of the amendment, insert the following:
"NEW SECTION. Sec. 7. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Stevens, as amended, to Substitute Senate Bill No. 6187.
The motion by Senator Roach carried and the striking amendment by Senator Stevens, as amended was adopted.
MOTIONS
On motion of Senator Roach, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "alcohol;" strike the remainder of the title and insert "amending RCW 46.20.117, 46.20.120, 46.20.311, 46.20.391, and 46.68.041; adding a new section to chapter 46.68 RCW; prescribing penalties; and making appropriations."
On page 8, line 33 of the title amendment, after "RCW;" insert "creating a new section;"
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6187 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. 6187.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6187 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 36. Voting nay: Senators Brown, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Newhouse, Prentice, Sheldon, B., Spanel, Thibaudeau and Wojahn - 13. ENGROSSED SUBSTITUTE SENATE BILL NO. 6187, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2907, by Representatives Sheahan, Robertson, Dunshee, Mason and Lantz
Clarifying the process of appealing small claims cases.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 2907 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2907.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2907 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. HOUSE BILL NO. 2907, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 3096, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky and L. Thomas)
Declaring the state's preemption of excise or privilege taxes on health care services.
The bill was read the second time.
MOTIONS
On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.14.0201 and 1997 c 154 s 1 are each amended to read as follows:
(1) As used in this section, "taxpayer" means a health maintenance organization, as defined in RCW 48.46.020, or a health care service contractor, as defined in RCW 48.44.010.
(2) Each taxpayer shall pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office. The tax shall be equal to the total amount of all premiums and prepayments for health care services received by the taxpayer during the preceding calendar year multiplied by the rate of two percent.
(3) Taxpayers shall prepay their tax obligations under this section. The minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year. For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year. The tax prepayments shall be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:
(a) On or before June 15, forty-five percent;
(b) On or before September 15, twenty-five percent;
(c) On or before December 15, twenty-five percent.
(4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's, health care service contractor's, or certified health plan's prepayment obligations for the current tax year.
(5) Moneys collected under this section shall be deposited in the general fund through March 31, 1996, and in the health services account under RCW 43.72.900 after March 31, 1996.
(6) The taxes imposed in this section do not apply to:
(a) Amounts received by any taxpayer from the United States or any instrumentality thereof as prepayments for health care services provided under Title XVIII (medicare) of the federal social security act.
(b) Amounts received by any health care service contractor, as defined in RCW 48.44.010, as prepayments for health care services included within the definition of practice of dentistry under RCW 18.32.020.
(7) Beginning January 1, 2000, the state does hereby preempt the field of imposing excise or privilege taxes upon taxpayers and no county, city, town, or other municipal subdivision shall have the right to impose any such taxes upon such taxpayers. This subsection shall be limited to premiums and payments for health benefit plans offered by health care service contractors under chapter 48.44 RCW and health maintenance organizations under chapter 48.46 RCW. The preemption authorized by this subsection shall not impair the ability of a county, city, town, or other municipal subdivision to impose excise or privilege taxes upon the health care services directly delivered by the employees of a health maintenance organization under chapter 48.46 RCW."
On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 3 of the title, after "contractors;" strike the remainder of the title and insert "and amending RCW 48.14.0201."
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 3096, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Wojahn: “Senator Winsley, why did the Association of Washington Cities oppose this bill? Do you know?”
Senator Winsley: “Well, this B&O tax is being collected in Seattle, primarily. I suppose because Seattle is a member of the Association of Washington Cities, they are protecting one of their entities.”
Senator Wojahn: “Thank you. I think that Tacoma also opposes this bill.”
Senator Winsley: “In a very limited manner.”
Senator Wojahn: “One more question. By preempting the cities from collecting this tax, doesn't that mean that the state could eventually come by and pick it up? Then, we wouldn't save anything. We would just be the state collecting money that normally went to the cities.”
Senator Winsley: “Well, I don't know how the state would pick it up.”
Senator Wojahn: “Well, if they preempt the cities--”
Senator Winsley: “This is a B&O tax and, you know, it is a local B&O tax. It is not the state's B&O tax. This is over and above the state B&O tax--the ability that local governments have. Some cities do have a B&O tax and they put it on everything and some have limited entities that they tax. I guess it is whether we want to look at health maintenance organizations as providing the same services that other insurers provide and in one case one is exempt and in another case, the other isn't.
“What this bill does is, it makes them all exempt and treats them like insurers. It is not a lot of money in any case. With our amendment, probably to Group Health, it is probably less than four hundred thousand dollars, I mean to the city of Seattle, if they collect from all in that entity. The one point five that you are looking at in the book is taking Blue Cross, Group Health and all the health maintenance organizations and adding them together. But, I think with my exemption that figure will be much lower, because we clarified that doctors working--salaried doctors--we are not going out--they will still have to pay B&O. The organization, itself, as an entity will not pay the local B&O.”
Further debate ensued.
POINT OF INQUIRY
Senator Franklin: “Senator Winsley, my question is one in regards to these two entities, a HMO plus the indemnity insurance, which are clearly different. They are two different entities Since there has been a long years standing of exempting indemnity insurance, why do we now come to HMOs, which is really treated differently and is this then your belief or has it been demonstrated that with this reduction, it really is going to pass on to the consumer into a lower health care cost or lower premium?”
Senator Winsley: “Well, I hope I can remember all the details to your question, but let me just say, because I think I forgot, whether you are an indemnity insurer or a health maintenance organization, you pay the insurance premium tax. So, in that aspect, the playing field is equal. They all pay the insurance premium tax. What is not equal, because of an exemption put in the law several years ago, is the B&O tax. The insurance companies pay this premium tax, but they do not pay a B&O, but local governments--they didn't have an exemption in statute. The local governments, in some entities, have gone after HMOs and are applying the B&O tax, so they have double taxation. in that aspect, because they paid premium and they paid B&O, but the indemnity companies do not. They just paid the premium. As you know, they tax someone and they add whatever the amount is, it is the rate payers, in essence, that are going to pay a higher rate.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 3096, as amended by the Senate..
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3096, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 44. Voting nay: Senators Brown, Franklin, Loveland, Thibaudeau and Wojahn - 5. SUBSTITUTE HOUSE BILL NO. 3096, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1750, by House Committee on Government Administration (originally sponsored by Representatives D. Sommers, Sterk and Sheldon)
Protecting existing functional mobile home park septic systems.
The bill was read the second time.
MOTIONS
On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.67 RCW to read as follows:
Cities, towns, or counties may not require existing mobile home parks to replace existing, functional septic systems with a sewer system within the community unless the local board of health determines that the septic system is failing.
"On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "and adding a new section to chapter 35.67 RCW."
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1750, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1750, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1750, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE HOUSE BILL NO. 1750, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346, by House Committee on Select Vendor Committee (originally sponsored by
Representatives Clements, Scott, Dickerson, Gardner, Hatfield, Anderson, Dyer, Thompson, O'Brien, Boldt, Skinner, D. Schmidt, Mulliken and Backlund) (by request of Department of Social and Health Services)
Allowing the department of social and health services to recover revenue from vendors that have been overpaid.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Engrossed Substitute House Bill No. 2346 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 House Bill No. 2346.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2346 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Sellar - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2819, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Regala and Chandler) (by request of Department of Fish and Wildlife)
Requiring display of a vehicle use permit while using department of fish and wildlife improved access facilities.
The bill was read the second time.
MOTIONS
On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.32.380 and 1993 sp.s. c 2 s 77 are each amended to read as follows:
(1) Persons ((sixteen years of age or older)) who enter upon or use clearly identified department ((lands and)) improved access facilities ((are)) with a motor vehicle may be required to ((possess a conservation license or a hunting, fishing, trapping, or free license on their person while using the facilities)) display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. The vehicle use permit is issued in the form of a decal. One decal shall be issued at no charge with each annual saltwater, freshwater, combination, small game hunting, big game hunting, and trapping license issued by the department. The annual fee for ((this license)) a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars ((annually)). A person to whom the department has issued a decal or who has purchased a vehicle use permit separately may purchase a decal from the department for each additional vehicle owned by the person at a cost of five dollars per decal upon a showing of proof to the department that the person owns the additional vehicle or vehicles. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.
((The spouse, all children under eighteen years of age, and guests under eighteen years of age of the holder of a valid conservation license may use department lands and access facilities when accompanied by the license holder.))
Youth groups may use department ((lands and game)) improved access facilities without possessing a ((conservation license)) vehicle use permit when accompanied by a ((license)) vehicle use permit holder.
The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.
((The conservation license is nontransferable and must be validated by the signature of the holder. Upon request of a wildlife agent or ex officio wildlife agent a person using clearly identified department lands shall exhibit the required license.))
(2) The decal must be affixed in a permanent manner to the motor vehicle before entering upon or using the motor vehicle on a department improved access facility, and must be displayed on the rear window of the motor vehicle, or, if the motor vehicle does not have a rear window, on the rear of the motor vehicle.
(3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a decal. The penalty for failure to display or improper display of the decal is sixty-six dollars.
Sec. 2. RCW 77.12.170 and 1996 c 101 s 7 are each amended to read as follows:
(1) There is established in the state treasury the state wildlife fund which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department purposes;
(c) The sale of licenses, permits, tags, stamps, and punchcards required by this title;
(d) Fees for informational materials published by the department;
(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
(f) Articles or wildlife sold by the director under this title;
(g) Compensation for wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;
(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
(i) The sale of personal property seized by the department for wildlife violations; and
(j) The department's share of revenues from auctions and raffles authorized by the commission.
(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.
NEW SECTION. Sec. 3. This act takes effect January 1, 1999."
On motion of Senator Oke, the following title amendment was adopted:
On page 1, line 2 of the title, after "lands;" strike the remainder of the title and insert "amending RCW 77.32.380 and 77.12.170; prescribing penalties; and providing an effective date."
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute House Bill No. 2819, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senators Wood and Strannigan were excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2819, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2819, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator Sellar - 1. Excused: Senators Strannigan and Wood - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2819, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senator McDonald was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1829, by House Committee on Commerce and Labor (originally sponsored by Representative Van Luven)
Requiring a record of transaction for trade-in or exchange of computer hardware.
The bill was read the second time.
MOTION
On motion of Senator Schow, the following amendments were considered simultaneously and were adopted:On page 2, line 37, after "of" strike "1997" and insert "1998"
On page 2, after line 37, insert the following:
"NEW SECTION. Sec. 4. Sections 1 through 3 of this act do not apply to trade-in or exchange of computers, or computer hardware, between consumers and retailers, or their branch facilities, when the computer or computer hardware was originally purchased from that same retailer."
Renumber the remaining section consecutively and correct any internal references accordingly.
On page 3, line 1, after "through" strike "3" and insert "4"
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 1829, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1829, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1829, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 39. Voting nay: Senators Benton, Finkbeiner, Hochstatter, Patterson, Roach, Rossi, Stevens and Zarelli - 8. Excused: Senators McDonald and Strannigan - 2. SUBSTITUTE HOUSE BILL NO. 1829, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2357, by Representatives L. Thomas, Wolfe, Smith, Grant, DeBolt, Keiser and D. Sommers
Setting the rates of interest and other fees charged by pawnbrokers.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, House Bill No. 2357 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2357.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2357 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fraser, Goings, Hale, Hargrove, Hochstatter, Horn, Johnson, Kline, Long, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Swecker, West, Winsley, Wood and Zarelli - 33. Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Haugen, Heavey, Jacobsen, Kohl, Loveland, Patterson, Snyder, Spanel, Thibaudeau and Wojahn - 14. Excused: Senators McDonald and Strannigan - 2. HOUSE BILL NO. 2357, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2576, by House Committee on Commerce and Labor (originally sponsored by Representatives Honeyford, Hatfield, Mulliken, Grant, Conway, O'Brien, Bush, Boldt, Mielke, Delvin, Backlund, Ogden and Koster)
Negotiating land transfers involving manufactured or mobile homes.
The bill was read the second time.
MOTION
On motion of Senator Schow, the rules were suspended, Substitute House Bill No. 2576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2576.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2576 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Voting nay: Senator Wojahn - 1. Excused: Senators McDonald and Strannigan - 2. SUBSTITUTE HOUSE BILL NO. 2576, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2900, by House Committee on Children and family Services (originally sponsored by Representatives Cooke, Ballasiotes, McDonald, Boldt and Mitchell)
Providing for pro rata calculation of temporary assistance for needy families grants.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute House Bill No. 2900 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 House Bill No. 2900.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2900 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McDonald and Strannigan - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2900, 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 Newhouse assumed the Chair.
MOTION
On motion of Senator Goings, Senators Haugen and Patterson were excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901, by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda, Ballasiotes, Carrell, O'Brien, McDonald, B. Thomas and Boldt)
Requiring a WorkFirst job search component.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute House Bill No. 2901 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2901.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2901 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Haugen, McDonald, Patterson and Strannigan - 4. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2901, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2965, by Representatives Ballasiotes, Costa, Hatfield, Linville and McDonald (by request of Department of Labor and Industries)
Revising provisions for crime victims' compensation.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 2965 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 House Bill No. 2965.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2965 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Haugen, McDonald, Patterson and Strannigan - 4. HOUSE BILL NO. 2965, 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 McCaslin, Senator Deccio was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2998, by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa and K. Schmidt)
Regulating privately owned semiautomatic external defibrillators.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 2998 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 House Bill No. 2998.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2998 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Absent: Senators Finkbeiner and Kohl - 2. Excused: Senators Deccio, Haugen, McDonald, Patterson and Strannigan - 5. SUBSTITUTE HOUSE BILL NO. 2998, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President Pro Tempore returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 3, 1998
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1042,
ENGROSSED HOUSE BILL NO. 2410,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2947, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
There being no objection, the President Pro Tempore advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1042 by Representatives Dyer, B. Thomas, Dunshee, Robertson, Grant, Thompson, Smith and Mielke
Changing the taxation of dental appliances, devices, restorations, and substitutes.
Referred to Committee on Ways and Means.
EHB 2410 by Representative Dyer
Establishing the department of social and health services as the sole administrator for boarding homes.
Referred to Committee on Health and Long-Term Care.
ESHB 2947 by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Conway, Carlson, Kenney, Costa, Wood, Ogden and Gardner) (by request of Employment Security Department)
Revising unemployment compensation for part-time faculty.
Referred to Committee on Commerce and Labor.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 3103, by Representatives Dickerson, Cooke, Tokuda, Keiser, Ogden, Costa and Boldt
Requiring newborn screening for exposure to harmful drugs.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, House Bill No. 3103 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 House Bill No. 3103.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 3103 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator Finkbeiner - 1. Excused: Senators Haugen, McDonald and Patterson - 3. HOUSE BILL NO. 3103, 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 Swecker, Senator Schow was excused.
SECOND READING
HOUSE JOINT MEMORIAL NO. 4030, by Representatives Backlund, Cody, Dyer, Lambert, Carrell, Koster, Zellinsky, Sherstad and Anderson
Petitioning for Medicaid flexibility.
The joint memorial was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, House Joint Memorial No. 4030 was advanced to third reading, the second reading considered the third and the joint memorial 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 House Joint Memorial No. 4030.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4030 and the joint memorial passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42. Voting nay: Senators Franklin, Prentice and Wojahn - 3. Excused: Senators Haugen, McDonald, Patterson and Schow - 4. HOUSE JOINT MEMORIAL NO. 4030, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2611, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Keiser, Wolfe, Benson, Gardner and Dickerson)
Regulating mortgage insurance.
The bill was read the second time.
MOTIONS
On motion of Senator Winsley, the following Committee on Financial Institutions, Insurance and Housing amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. As used in this chapter:
(1) "Institutional third party" means the federal national mortgage association, the federal home loan mortgage corporation, the government national mortgage association, and other substantially similar institutions, whether public or private, provided the institutions establish and adhere to rules applicable to the right of cancellation of mortgage insurance, which are the same or substantially the same as those utilized by the institutions named in this subsection.
(2) "Mortgage insurance" means insurance, including mortgage guarantee insurance, against financial loss by reason of nonpayment of principal, interest, and other sums agreed to be paid in a residential mortgage transaction.
(3) "Residential mortgage transaction" means entering into a loan for personal, family, household, or purchase money purposes that is secured by a deed of trust or mortgage on owner-occupied, one-to-four unit, residential real property located in the state of Washington.
NEW SECTION. Sec. 2. (1) If a borrower is required to obtain and maintain mortgage insurance as a condition of entering into a residential mortgage transaction, the lender shall disclose to the borrower whether and under what conditions the borrower has the right to cancel the mortgage insurance in the future. This disclosure shall include:
(a) Any identifying loan or insurance information, or other information, necessary to permit the borrower to communicate with the servicer or lender concerning the private mortgage insurance;
(b) The conditions that are required to be satisfied before the mortgage insurance may be canceled; and
(c) The procedures required to be followed by the borrower to cancel the mortgage insurance.
The disclosure required in this subsection shall be made in writing at the time the transaction is entered into.
(2) For residential mortgage transactions with mortgage insurance, the lender, or the person servicing the residential mortgage transaction if it is not the lender, annually shall provide the borrower with:
(a) A notice containing the same information as required to be disclosed under subsection (1) of this section; or
(b) A statement indicating that the borrower may be able to cancel the mortgage insurance and that the borrower may contact the lender or loan servicer at a designated address and phone number to find out whether the insurance can be canceled and the conditions and procedures to effect cancellation.
The notice or statement required by this subsection shall be provided in writing in a clear and conspicuous manner in or with each annual statement of account. (3) The notices and statements required in this section shall be provided without cost to the borrower.
(4) Any borrower in a residential mortgage transaction who is harmed by a violation of this section may obtain injunctive relief, may recover from the party who caused such harm by failure to comply with this section up to three times the amount of mortgage insurance premiums wrongly collected, and may recover reasonable attorneys' fees and costs of such action.
(5) This section does not apply to any mortgage funded with bond proceeds issued under an indenture requiring mortgage insurance for the life of the loan or to loans insured by the federal housing administration or the veterans administration.
(6) Subsection (1) of this section applies to residential mortgage transactions entered into on or after July 1, 1998. Subsection (2) of this section applies to any residential mortgage transaction existing on the effective date of this section or entered into on or after the effective date of this section.
(7) A lender or person servicing a residential mortgage transaction who complies with federal requirements, as now or hereafter enacted, prescribing mortgage insurance disclosures and notifications shall be deemed in compliance with this section.
NEW SECTION. Sec. 3. (1) Except when a statute, regulation, rule, or written guideline promulgated by an institutional third party applicable to a residential mortgage transaction purchased in whole or in part by an institutional third party specifically prohibits cancellation during the term of indebtedness, the lender or servicer of a residential mortgage transaction may not charge or collect future payments from a borrower for mortgage insurance, and the borrower is not obligated to make such payments, if all of the following conditions are satisfied:
(a) The borrower makes a written request to terminate the obligation to make future payments for mortgage insurance;
(b) The residential mortgage transaction is at least two years old;
(c) The outstanding principal balance of the residential loan is not greater than eighty percent of the current fair market value of the property and is:
(i) For loans made for the purchase of the property, less than eighty percent of the lesser of the sales price or the appraised value at the time the transaction is entered into; or
(ii) For all other residential mortgage transactions, less than eighty percent of the appraised value at the time the residential loan transaction was entered into.
The lender or servicer may request that a current appraisal be done to verify the outstanding principal balance is less than eighty percent of the current fair market value of the property; unless otherwise agreed to in writing, the lender or servicer selects the appraiser and splits the cost with the borrower;
(d) The borrower's scheduled payment of monthly installments or principal, interest, and any escrow obligations is current at the time the borrower requests termination of his or her obligation to continue to pay for mortgage insurance, those installments have not been more than thirty days late in the last twelve months, and the borrower has not been assessed more than one late penalty over the past twelve months;
(e) A notice of default has not been recorded against the property as the result of a nonmonetary default in the previous twelve months.
(2) This section applies to residential mortgage transactions entered into on or after July 1, 1998.
(3) This section does not apply to:
(a) Any residential mortgage transaction that is funded in whole or in part pursuant to authority granted by statute, regulation, or rule that, as a condition of that funding, prohibits or limits termination of payments for mortgage insurance during the term of the indebtedness; or
(b) Any mortgage funded with bond proceeds issued under an indenture requiring mortgage insurance for the life of the loan.
(4) If the residential mortgage transaction will be or has been sold in whole or in part to an institutional third party, adherence to the institutional third party's standards for termination of future payments for mortgage insurance shall be deemed in compliance with this section.
(5) A lender or person servicing a residential mortgage transaction who complies with federal requirements, as now or hereafter enacted, governing the cancellation of mortgage insurance shall be deemed in compliance with this section.
NEW SECTION. Sec. 4. On or after July 1, 1998, no borrower entering into a residential mortgage transaction in which the principal amount of the loan is less than eighty percent of the fair market value of the property shall be required to obtain mortgage insurance. Fair market value for a purchase money loan is the lesser of the sales price or the appraised value. This section shall not apply to residential mortgage transactions in an amount in excess of the maximum limits established by institutional third parties where the borrower and the lender have agreed in writing to mortgage insurance.
A lender or person servicing a residential mortgage transaction who complies with federal requirements, as now or hereafter enacted, governing the requirement of obtaining mortgage insurance shall be deemed in compliance with this section.
NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 6. This act takes effect July 1, 1998.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 61 RCW."
On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 1 of the title, after "insurance;" strike the remainder of the title and insert "adding a new chapter to Title 61 RCW; and providing an effective date."
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2611, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2611, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2611, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Haugen, McDonald and Patterson - 3. SUBSTITUTE HOUSE BILL NO. 2611, as amended by the Senate,, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1221, by House Committee on Law and Justice (originally sponsored by Representatives Ballasiotes, Sheahan, Robertson, Chandler, Cody, Crouse, K. Schmidt, Costa, Scott, Buck, Kessler, Schoesler, Chopp, Johnson, Honeyford, O'Brien, Wensman, Sheldon, McDonald, Zellinsky, Thompson, H. Sommers and Mason)
Impounding vehicles driven by a person with a suspended or revoked license.
The bill was read the second time.
MOTION
Senator Roach moved that the following Committee on Law and Justice amendment not be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the license to drive a motor vehicle on the public highways is suspended or revoked in order to protect public safety following a driver's failure to comply with the laws of this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It is estimated that of the three million four hundred thousand drivers' licenses issued to citizens of Washington, more than two hundred sixty thousand are suspended or revoked at any given time. Suspended drivers are more likely to be involved in causing traffic accidents, including fatal accidents, than properly licensed drivers, and pose a serious threat to the lives and property of Washington residents. Statistics show that suspended drivers are three times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having a driver's license, most such drivers also lack required liability insurance, increasing the financial burden upon other citizens through uninsured losses and higher insurance costs for validly licensed drivers. Because of the threat posed by suspended drivers, all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common for suspended drivers to resume driving immediately after being stopped, cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or revoked fail to appear for court hearings. Vehicle impoundment will provide an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle impoundment will also provide an appropriate measure of accountability for registered owners who permit suspended drivers to drive their vehicles. Impoundment of vehicles driven by suspended drivers has been shown to reduce future driving while suspended or revoked offenses for up to two years afterwards, and the recidivism rate for drivers whose cars were not impounded was one hundred percent higher than for drivers whose cars were impounded. In order to adequately protect public safety and to enforce the state's driver licensing laws, it is necessary to authorize the impoundment of any vehicle when it is found to be operated by a driver with a suspended or revoked license, and to provide in certain circumstances for the forfeiture of such vehicles where the owner continues to drive despite having been previously convicted of the crime of driving with a suspended or revoked license in violation of RCW 46.20.342 and 46.20.420. The impoundment or forfeiture of a vehicle operated in violation of RCW 46.20.342 or 46.20.420 is intended to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated these laws.
NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:
(1) Notwithstanding RCW 46.55.113, whenever a motor vehicle is found to be operated by a person with a suspended or revoked driver's license or nonresident driving privileges, or while in a suspended or revoked status in violation of RCW 46.20.342 or 46.20.420, the vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule, at the direction of a law enforcement officer.
(2) If a vehicle is impounded under this section because the operator is in violation of RCW 46.20.342(1)(c), the vehicle shall not be released until a person eligible to redeem it under RCW 46.55.120(1)(a) satisfies the requirements of RCW 46.55.120(1)(b), including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to fifteen days at the written direction of the agency ordering the vehicle impounded.
(3) If a vehicle is impounded under this section because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to fifteen days and must not be released until a person eligible to redeem it under RCW 46.55.120(1)(a) satisfies the requirements of RCW 46.55.120(1)(b), including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years and the operator has a financial interest in the vehicle, the vehicle is subject to forfeiture unless an applicable state agency rule or local ordinance prohibits forfeiture on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record. If the vehicle is forfeited, then the forfeiting agency shall pay all the impoundment, towing, and storage fees for the vehicle and shall be entitled to recover those fees from the operator of the forfeited vehicle, including any attorneys' fees, costs of collection, and interest at the statutory rate for judgment interest from the date of payment by the forfeiting agency of such fees.
(4) A forfeiture proceeding is commenced by the law enforcement agency causing notice of the intended forfeiture of the seized vehicle to be served not less than ten days after seizure on the registered tow truck operator which impounded the vehicle, the owner of the vehicle seized, the person in charge of the vehicle when it was seized, and any person having a known right or interest in the vehicle, including a community property interest. The notice may be served by any method authorized by law or court rule, including, but not limited to, service by certified mail with return receipt requested. Service by mail is complete upon mailing. Notice in the case of a vehicle subject to a security interest that has been perfected on a certificate of title must be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement, the certificate of title, or the transitional ownership record. Once the registered tow truck operator which impounded the vehicle receives notice, the vehicle must not be released except upon written order of the chief law enforcement officer of the agency directing the impoundment or his or her designee, an administrative law judge, or a court.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. At the hearing, if the seizing agency proves by a preponderance of the evidence that the vehicle was operated by a person in violation of RCW 46.61.502 or 46.61.504, and that person has a prior offense as defined by RCW 46.61.5055(8), and has an ownership interest in the vehicle, then the vehicle shall be forfeited. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under this title or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject and provided further that where the ownership interest subject to forfeiture is bona fide community property, the value of the undivided community property interest of the spouse who was not operating the vehicle in violation of RCW 46.61.502 or 46.61.504 shall not be forfeited nor subject to reduction for towing, removal, or storage charges associated with the forfeiture action. The value of the undivided community property interest not subject to forfeiture or reduction is one-half of the value of the vehicle as defined in subsection (14) of this section after deducting the cost of satisfying any bona fide security interest.
(8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
(10) Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
(11) The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
(12) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
(13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide community property interest and security interest to which the vehicle is subject at the time of seizure and all towing, removal, and storage fees; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal.
(15) Notwithstanding RCW 46.52.120(2), in any hearing under RCW 46.55.120 to contest the validity of the impoundment or under this section to contest the validity of the forfeiture, an abstract of the person's driving record may be admitted as and is prima facie evidence of the status of the person's driving privilege and that the person was convicted of each offense shown by the abstract. In addition, a certified vehicle registration of the vehicle sought to be forfeited shall be admissible without further evidentiary foundation.
(16) No determination of facts made by a person conducting a hearing under this section or RCW 46.55.120 shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
Sec. 3. RCW 46.55.105 and 1995 c 219 s 4 are each amended to read as follows:
(1) The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner's rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) ((or a vehicle theft report filed with a law enforcement agency)) relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated on the report of sale is on or before the date of impoundment, the buyer identified on the latest properly filed report of sale with the department is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and (2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under section 13 of this act. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(((4))) (5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.100, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(5), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation.
(((5))) (6) A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the court's jurisdiction.
Sec. 4. RCW 46.55.110 and 1995 c 360 s 6 are each amended to read as follows:
(1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
(3) If the date on which a notice required by subsection (2) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(4) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
Sec. 5. RCW 46.55.113 and 1997 c 66 s 7 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more((, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420)).
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
Sec. 6. RCW 46.55.120 and 1996 c 89 s 2 are each amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, ((or)) 46.55.113, or section 2 of this act may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a person redeeming a vehicle impounded under section 2 of this act must prior to redemption establish with the agency that ordered the vehicle impounded that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded under section 2 of this act can only be released pursuant to a written order from the agency that ordered the vehicle impounded or pursuant to a provision of a state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.
(b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded under section 2 of this act and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded that any penalties, fines, or forfeitures owed by him or her have been satisfied. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district or municipal court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in the small claims department of a district court. If the hearing request is not received by the district or municipal court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the district or municipal court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The district or municipal court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the district or municipal court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment under section 2 of this act is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., 19. . .
Signature .. . . . . . . . . . . . . . . . . . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 7. RCW 46.55.130 and 1989 c 111 s 12 are each amended to read as follows:
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(2) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within ((thirty)) forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
(3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(2).
(b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available.
NEW SECTION. Sec. 8. A new section is added to chapter 46.55 RCW to read as follows:
In any administrative or judicial proceeding involving a forfeiture of a vehicle under section 2 of this act, the chief law enforcement officer or court shall provide for the protection of a bona fide community property interest in the vehicle of a person other than the person whose operation of the vehicle with a suspended or revoked license led to the forfeiture.
Sec. 9. RCW 46.55.010 and 1994 c 176 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for ((ninety-six)) one hundred twenty consecutive hours.
(2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
(4) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
(7) "Residential property" means property that has no more than four living units located on it.
(8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
(9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(10) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
(11) "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(12) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as defined in RCW 46.55.113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(ii) On a highway and tagged as described in RCW 46.55.085. . 24 hours
(iii) In a publicly owned or controlled parking facility, properly posted under RCW
46.55.070. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(b) Private locations:
(i) On residential property. . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(ii) On private, nonresidential property, properly posted under RCW 46.55.070. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(iii) On private, nonresidential property,
not posted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 hours Sec. 10. RCW 46.55.100 and 1995 c 360 s 5 are each amended to read as follows:
(1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
(2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the ((ninety-six)) one hundred twenty hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours.
(4) Within ((fifteen)) fourteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol.
(5) If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners.
Sec. 11. RCW 46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:
A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required is perfected only by compliance with the requirements of section 13 of this act under the circumstances provided for therein or by compliance with the requirements of this section:
(1) A security interest is perfected ((only)) by the department's receipt of: (a) The existing certificate, if any, and (b) an application for a certificate of ownership containing the name and address of the secured party, and (c) tender of the required fee.
(2) It is perfected as of the time of its creation: (a) If the papers and fee referred to in ((the preceding)) subsection (1) of this section are received by this department within ((eight department business)) twenty calendar days ((exclusive)) of the day on which the security agreement was created; or (b) if the secured party's name and address appear on the outstanding certificate of ownership; otherwise, as of the date on which the department has received the papers and fee required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state. The name of the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest continues perfected in this state upon the issuance of such ownership certificate.
(c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.
Sec. 12. RCW 46.12.101 and 1991 c 339 s 19 are each amended to read as follows:
A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.
(1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. ((Within five days, excluding Saturdays, Sundays, and state and federal holidays,)) The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided or approved for that purpose by the department. The report of sale will be deemed properly filed if all information required in this section is provided on the form and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the fifth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department. Reports of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
(2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW ((46.12.120)) 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.
(5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:
(a) The department requesting additional supporting documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund.
(8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place.
NEW SECTION. Sec. 13. A new section is added to chapter 46.12 RCW to read as follows:
(1) The purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely manner when the certificate of ownership is not available at the time the security interest is created, and to provide for timely notification to security interest holders under chapter 46.55 RCW.
(2) A transitional ownership record is only acceptable as an ownership record for vehicles currently stored on the department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor vehicle:
(a) Is not in the possession of the selling vehicle dealer or new security interest holder at the time the transitional ownership record is submitted to the department; and
(b) To the best of the knowledge of the selling dealer or new security interest holder, the certificate of ownership will not be received for submission to the department within twenty calendar days of the date of sale of the vehicle, or if no sale is involved, within twenty calendar days of the date the security agreement or contract is executed.
(3) A person shall submit the transitional ownership record to the department or to any of its agents or subagents. Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A transitional ownership document processed and recorded by an agent or subagent may be subject to fees as specified in RCW 46.01.140(4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(5) The report of sale form prescribed or approved by the department under RCW 46.12.101 may be used by a vehicle dealer as the transitional ownership record.
(6) Notwithstanding RCW 46.12.095 (1) and (2), compliance with the requirements of this section shall result in perfection of a security interest in the vehicle as of the time the security interest was created. Upon receipt of the certificate of ownership for the vehicle, or upon receipt of written confirmation that only an electronic record of ownership exists or that the certificate of ownership has been lost or destroyed, the selling dealer or new security interest holder shall promptly submit the same to the department together with an application for a new certificate of ownership containing the name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1).
NEW SECTION. Sec. 14. RCW 46.20.344 and 1965 ex.s. c 121 s 45 are each repealed."
The President declared the question before the Senate to be the motion by Senator Roach, that the Committee on Law and Justice striking amendment not be adopted.
The motion by Senator Roach carried and the committee striking amendment was not adopted.
MOTION
Senator Roach moved that the following amendment by Senators Roach, Kline, Stevens, Long, Thibaudeau, Hargrove, Johnson, McCaslin, Fairley, Zarelli and Goings be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the license to drive a motor vehicle on the public highways is suspended or revoked in order to protect public safety following a driver's failure to comply with the laws of this state. Over six hundred persons are killed in traffic accidents in Washington annually, and more than eighty-four thousand persons are injured. It is estimated that of the three million four hundred thousand drivers' licenses issued to citizens of Washington, more than two hundred sixty thousand are suspended or revoked at any given time. Suspended drivers are more likely to be involved in causing traffic accidents, including fatal accidents, than properly licensed drivers, and pose a serious threat to the lives and property of Washington residents. Statistics show that suspended drivers are three times more likely to kill or seriously injure others in the commission of traffic felony offenses than are validly licensed drivers. In addition to not having a driver's license, most such drivers also lack required liability insurance, increasing the financial burden upon other citizens through uninsured losses and higher insurance costs for validly licensed drivers. Because of the threat posed by suspended drivers, all registered owners of motor vehicles in Washington have a duty to not allow their vehicles to be driven by a suspended driver.
Despite the existence of criminal penalties for driving with a suspended or revoked license, an estimated seventy-five percent of these drivers continue to drive anyway. Existing sanctions are not sufficient to deter or prevent persons with a suspended or revoked license from driving. It is common for suspended drivers to resume driving immediately after being stopped, cited, and released by a police officer and to continue to drive while a criminal prosecution for suspended driving is pending. More than half of all suspended drivers charged with the crime of driving while suspended or revoked fail to appear for court hearings. Vehicle impoundment will provide an immediate consequence which will increase deterrence and reduce unlawful driving by preventing a suspended driver access to that vehicle. Vehicle impoundment will also provide an appropriate measure of accountability for registered owners who permit suspended drivers to drive their vehicles. Impoundment of vehicles driven by suspended drivers has been shown to reduce future driving while suspended or revoked offenses for up to two years afterwards, and the recidivism rate for drivers whose cars were not impounded was one hundred percent higher than for drivers whose cars were impounded. In order to adequately protect public safety and to enforce the state's driver licensing laws, it is necessary to authorize the impoundment of any vehicle when it is found to be operated by a driver with a suspended or revoked license in violation of RCW 46.20.342 and 46.20.420. The impoundment of a vehicle operated in violation of RCW 46.20.342 or 46.20.420 is intended to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated these laws.
Sec. 2. RCW 46.55.105 and 1995 c 219 s 4 are each amended to read as follows:
(1) The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(2) If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner's rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) ((or a vehicle theft report filed with a law enforcement agency)) relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated on the report of sale is on or before the date of impoundment, the buyer identified on the latest properly filed report of sale with the department is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and (2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under section 12 of this act. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
(((4))) (5) For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and 46.52.100, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(5), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation.
(((5))) (6) A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under Title 3, 35, or 35A RCW, or with a violations bureau subject to the court's jurisdiction.
Sec. 3. RCW 46.55.110 and 1995 c 360 s 6 are each amended to read as follows:
(1) When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
(2) In the case of an abandoned vehicle, or other item of personal property registered or titled with the department, within twenty-four hours after receiving information on the owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
(3) If the date on which a notice required by subsection (2) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(4) No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
Sec. 4. RCW 46.55.113 and 1997 c 66 s 7 are each amended to read as follows:
Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of RCW 46.20.342 or 46.20.420, the ((arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety)) vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule at the direction of a law enforcement officer. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(4) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
(5) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(7) Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more((, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420)).
Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
Sec. 5. RCW 46.55.120 and 1996 c 89 s 2 are each amended to read as follows:
(1) Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, or 46.55.113 may be redeemed only under the following circumstances:
(a) Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department's records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department's records show that the operator has been convicted of a violation of RCW 46.20.342(1) (a) or (b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (b) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(b) The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded that any penalties, fines, or forfeitures owed by him or her have been satisfied. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2)(a) The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided.
(b) Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the ((district)) appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the hearing request is not received by the ((district)) court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the ((district)) court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The ((district)) court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.
(c) At the conclusion of the hearing, the ((district)) court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
(d) If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
(e) If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . .
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., ((19)) (year) . . .
Signature .. . . . . . . . . . . . . . . . . . . . . . . . . . .
Typed name and address
of party mailing notice
(4) Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
Sec. 6. RCW 46.55.130 and 1989 c 111 s 12 are each amended to read as follows:
(1) If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(2) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
(2) The following procedures are required in any public auction of such abandoned vehicles:
(a) The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
(b) All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the preauction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
(c) The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
(d) The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
(e) In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
(f) The successful bidder shall apply for title within fifteen days;
(g) The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
(h) All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
(i) If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within ((thirty)) forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
(3) In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
(4)(a) In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(2).
(b) The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available.
NEW SECTION. Sec. 7. A new section is added to chapter 46.55 RCW to read as follows:
(1) This section applies to any impoundment of a vehicle when a driver is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.61.520 or 46.61.522 if committed while under the influence, as provided for in RCW 46.55.113 and 46.55.120.
(2) Any local government ordinance or state agency rule that provides for impoundment and redemption of vehicles may allow for alternative home impoundment of vehicles for all or part of the impoundment periods authorized in RCW 46.55.120. Home impoundment is an alternative to impoundment by a registered tow truck operator. Home impoundment consists of removing a vehicle to the registered owner's residence or other property, or to another place authorized by the ordinance or rule, and placing a boot or other device on the vehicle to render it immobile. The jurisdiction authorizing home impoundment may charge a reasonable rental fee for the use of the boot or other device during the period of home impoundment. The local government ordinance or state agency rule may provide that the owner or driver of the vehicle may elect whether to be subject to impoundment under RCW 46.55.120 or home impoundment under this section.
(3) Before any home impoundment is begun, the vehicle must be redeemed as provided for in RCW 46.55.120 if any impoundment has occurred under that section, and any towing fee incurred in getting the vehicle to the place of home impoundment must be paid.
(4) At the end of the period of home impoundment, the vehicle may be released only after all rental fees have been paid and only to a person who would qualify to redeem an impounded vehicle under RCW 46.55.120.
(5) A local ordinance or state agency rule may provide for impoundment by a registered tow truck operator if at the end of the period of home impoundment there is no qualified person to whom the vehicle may be released.
(6) A local ordinance or state agency rule may provide that if the boot or other device on a vehicle in home impoundment is tampered with, damaged, removed, or rendered inoperative, the vehicle may be released only upon payment of all applicable rental fees plus payment of a fee equal to the impoundment costs that would have been incurred had the vehicle been impounded under RCW 46.55.120 during the period of home impoundment.
Sec. 8. RCW 46.55.010 and 1994 c 176 s 1 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter:
(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator's possession for ((ninety-six)) one hundred twenty consecutive hours.
(2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
(3) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds—public and private.
(a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
(b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
(4) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(5) "Master log" means the document or an electronic facsimile prescribed by the department and the Washington state patrol in which an operator records transactions involving impounded vehicles.
(6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
(7) "Residential property" means property that has no more than four living units located on it.
(8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
(9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(10) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
(11) "Tow truck service" means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(12) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
Subject to removal after:
(a) Public locations:
(i) Constituting an accident or a traffic hazard as defined in RCW 46.55.113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(ii) On a highway and tagged as described in RCW 46.55.085. . 24 hours
(iii) In a publicly owned or controlled parking facility, properly posted under RCW
46.55.070. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(b) Private locations:
(i) On residential property. . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(ii) On private, nonresidential property, properly posted under RCW 46.55.070. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Immediately
(iii) On private, nonresidential property,
not posted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 hours Sec. 9. RCW 46.55.100 and 1995 c 360 s 5 are each amended to read as follows:
(1) At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
(2) The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator's possession after the ((ninety-six)) one hundred twenty hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold is no longer in effect.
(3) Following the submittal of an abandoned vehicle report, the department shall provide the registered tow truck operator with owner information within seventy-two hours.
(4) Within ((fifteen)) fourteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol.
(5) If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
(6) If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle's or other property's owners.
Sec. 10. RCW 46.12.095 and 1969 ex.s. c 170 s 16 are each amended to read as follows:
A security interest in a vehicle other than one held as inventory by a manufacturer or a dealer and for which a certificate of ownership is required is perfected only by compliance with the requirements of section 12 of this act under the circumstances provided for therein or by compliance with the requirements of this section:
(1) A security interest is perfected ((only)) by the department's receipt of: (a) The existing certificate, if any, and (b) an application for a certificate of ownership containing the name and address of the secured party, and (c) tender of the required fee.
(2) It is perfected as of the time of its creation: (a) If the papers and fee referred to in ((the preceding)) subsection (1) of this section are received by this department within ((eight department business)) twenty calendar days ((exclusive)) of the day on which the security agreement was created; or (b) if the secured party's name and address appear on the outstanding certificate of ownership; otherwise, as of the date on which the department has received the papers and fee required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought into this state, perfection of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest was attached, subject to the following:
(a) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, the following rules apply:
(b) If the name of the secured party is shown on the existing certificate of ownership issued by that jurisdiction, the security interest continues perfected in this state. The name of the secured party shall be shown on the certificate of ownership issued for the vehicle by this state. The security interest continues perfected in this state upon the issuance of such ownership certificate.
(c) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest was attached, it may be perfected in this state; in that case, perfection dates from the time of perfection in this state.
Sec. 11. RCW 46.12.101 and 1991 c 339 s 19 are each amended to read as follows:
A transfer of ownership in a motor vehicle is perfected by compliance with the requirements of this section.
(1) If an owner transfers his or her interest in a vehicle, other than by the creation, deletion, or change of a security interest, the owner shall, at the time of the delivery of the vehicle, execute an assignment to the transferee and provide an odometer disclosure statement under RCW 46.12.124 on the certificate of ownership or as the department otherwise prescribes, and cause the certificate and assignment to be transmitted to the transferee. ((Within five days, excluding Saturdays, Sundays, and state and federal holidays,)) The owner shall notify the department or its agents or subagents, in writing, on the appropriate form, of the date of the sale or transfer, the name and address of the owner and of the transferee, the transferee's driver's license number if available, and such description of the vehicle, including the vehicle identification number, the license plate number, or both, as may be required in the appropriate form provided or approved for that purpose by the department. The report of sale will be deemed properly filed if all information required in this section is provided on the form and includes a department-authorized notation that the document was received by the department, its agents, or subagents on or before the fifth day after the sale of the vehicle, excluding Saturdays, Sundays, and state and federal holidays. Agents and subagents shall immediately electronically transmit the seller's report of sale to the department. Reports of sale processed and recorded by the department's agents or subagents may be subject to fees as specified in RCW 46.01.140 (4)(a) or (5)(b).
(2) The requirements of subsection (1) of this section to provide an odometer disclosure statement apply to the transfer of vehicles held for lease when transferred to a lessee and then to the lessor at the end of the leasehold and to vehicles held in a fleet when transferred to a purchaser.
(3) Except as provided in RCW ((46.12.120)) 46.70.122 the transferee shall within fifteen days after delivery to the transferee of the vehicle, execute the application for a new certificate of ownership in the same space provided therefor on the certificate or as the department prescribes, and cause the certificates and application to be transmitted to the department.
(4) Upon request of the owner or transferee, a secured party in possession of the certificate of ownership shall, unless the transfer was a breach of its security agreement, either deliver the certificate to the transferee for transmission to the department or, when the secured party receives the owner's assignment from the transferee, it shall transmit the transferee's application for a new certificate, the existing certificate, and the required fee to the department. Compliance with this section does not affect the rights of the secured party.
(5) If a security interest is reserved or created at the time of the transfer, the certificate of ownership shall be retained by or delivered to the person who becomes the secured party, and the parties shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to make application to transfer the certificate of ownership and license registration within fifteen days after the date of delivery of the vehicle, he or she shall on making application for transfer be assessed a twenty-five dollar penalty on the sixteenth day and two dollars additional for each day thereafter, but not to exceed one hundred dollars. The director may by rule establish conditions under which the penalty will not be assessed when an application for transfer is delayed for reasons beyond the control of the purchaser. Conditions for not assessing the penalty may be established for but not limited to delays caused by:
(a) The department requesting additional supporting documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department, auditor, or subagent.
Failure or neglect to make application to transfer the certificate of ownership and license registration within forty-five days after the date of delivery of the vehicle is a misdemeanor.
(7) Upon receipt of an application for reissue or replacement of a certificate of ownership and transfer of license registration, accompanied by the endorsed certificate of ownership or other documentary evidence as is deemed necessary, the department shall, if the application is in order and if all provisions relating to the certificate of ownership and license registration have been complied with, issue new certificates of title and license registration as in the case of an original issue and shall transmit the fees together with an itemized detailed report to the state treasurer, to be deposited in the motor vehicle fund.
(8) Once each quarter the department shall report to the department of revenue a list of those vehicles for which a seller's report has been received but no transfer of title has taken place.
NEW SECTION. Sec. 12. A new section is added to chapter 46.12 RCW to read as follows:
(1) The purpose of a transitional ownership record is to enable a security interest in a motor vehicle to be perfected in a timely manner when the certificate of ownership is not available at the time the security interest is created, and to provide for timely notification to security interest holders under chapter 46.55 RCW.
(2) A transitional ownership record is only acceptable as an ownership record for vehicles currently stored on the department's computer system and if the certificate of ownership or other authorized proof of ownership for the motor vehicle:
(a) Is not in the possession of the selling vehicle dealer or new security interest holder at the time the transitional ownership record is submitted to the department; and
(b) To the best of the knowledge of the selling dealer or new security interest holder, the certificate of ownership will not be received for submission to the department within twenty calendar days of the date of sale of the vehicle, or if no sale is involved, within twenty calendar days of the date the security agreement or contract is executed.
(3) A person shall submit the transitional ownership record to the department or to any of its agents or subagents. Agents and subagents shall immediately electronically transmit the transitional ownership records to the department. A transitional ownership document processed and recorded by an agent or subagent may be subject to fees as specified in RCW 46.01.140(4)(a) or (5)(b).
(4) "Transitional ownership record" means a record containing all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) If there are multiple security interest holders, the priorities of interest if the security interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(5) The report of sale form prescribed or approved by the department under RCW 46.12.101 may be used by a vehicle dealer as the transitional ownership record.
(6) Notwithstanding RCW 46.12.095 (1) and (2), compliance with the requirements of this section shall result in perfection of a security interest in the vehicle as of the time the security interest was created. Upon receipt of the certificate of ownership for the vehicle, or upon receipt of written confirmation that only an electronic record of ownership exists or that the certificate of ownership has been lost or destroyed, the selling dealer or new security interest holder shall promptly submit the same to the department together with an application for a new certificate of ownership containing the name and address of the secured party and tender the required fee as provided in RCW 46.12.095(1).
NEW SECTION. Sec. 13. RCW 46.20.344 and 1965 ex.s. c 121 s 45 are each repealed."
Debate ensued.
MOTION
Senator Loveland moved that the following amendment to the striking amendment by Senators Roach, Kline, Stevens, Long, Thibaudeau, Hargrove, Johnson, McCaslin, Fairley, Zarelli and Goings be adopted:
On page 20, after line 31, insert the following:
"NEW SECTION. Sec. 13. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."
Renumber the remaining section consecutively and correct any internal cross-references.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Loveland on page 20, after line 31, to the striking amendment by Senators Roach, Kline, Stevens, Long, Thibaudeau, Hargrove, Johnson, McCaslin, Fairley, Zarelli and Goings to Engrossed Substitute Senate Bill No. 1221.
The motion by Senator Loveland carried and the amendment to the striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Roach, Kline, Stevens, Long, Thibaudeau, Hargrove, Johnson, McCaslin, Fairley, Zarelli and Goings, as amended, to Engrossed Substitute Senate Bill No. 1221.
The motion by Senator Roach carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Roach, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "license;" strike the remainder of the title and insert "amending RCW 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.010, 46.55.100, 46.12.095, and 46.12.101; adding a new section to chapter 46.55 RCW; adding a new section to chapter 46.12 RCW; creating a new section; and repealing RCW 46.20.344."
On page 21, line 8 of the title amendment, after "creating" strike "a new section" and insert "new sections"
On motion of Senator Roach, the rules were suspended, Engrossed Substitute House Bill No. 1221, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Deccio: “Senator Roach, does this bill protect local governments of increased costs such as some of the other bills that we dealt with on DWI?”
Senator Roach: “Well, Senator Deccio, we just, as a body, adopted--I believe unanimously--the same amendment that we have attached to all our other bills.”
Senator Deccio: “May I have a response to my question? Does this bill protect local governments--”
Senator Roach: “I would say, 'yes.'”
Senator Deccio: “Well, that is what I wanted you to say, because--”
Senator Roach: “I was just going to say that we have adopted the same amendment that has protection in it, so I would say the answer is 'yes.'”
Senator Deccio: “I don't want a sermon; I just want an answer. This bill does protect local governments from any increased costs because of this bill? Correct?”
Senator Roach: “Sir, I have answered your question. The answer is 'yes.' You know, what can I do--walk over there and whisper in your ear--'yes?'”
Senator Deccio: “I didn't want a smart remark; I just wanted an answer. Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1221, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1221, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43. Voting nay: Senators Deccio, Finkbeiner, Prince and Wood - 4. Excused: Senators Haugen and Patterson - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1221, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
SECOND READING
HOUSE BILL NO. 1252, by Representatives Wensman, Costa, Sheahan, Sterk, Lantz, Skinner, Kenney and Lambert (by request of Secretary of State Munro)
Regulating the dissolution of limited partnerships.
The bill was read the second time.
MOTION
On motion of Senator Roach, the following amendments were considered simultaneously and were adopted:
On page 1, line 13, strike "1997" and insert "1998".
On page 2, line 13, strike "1998" and insert "1999".
On page 4, line 25, strike "2005" and insert "2006".
Renumber the sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Roach, the rules were suspended, House Bill No. 1252, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1252, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1252, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 2; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 42. Voting nay: Senators Brown, Fraser and Wojahn - 3. Absent: Senators Prentice and Schow - 2. Excused: Senators Haugen and Loveland - 2. HOUSE BILL NO. 1252, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2960, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin and Linville)
Authorizing permits-by-rule for certain solid waste recycling facilities.
The bill was read the second time.
MOTION
Senator Rasmussen moved that the following amendment by Senators Rasmussen and Morton be adopted:
On page 3, line 18, after "poses" strike "an imminent" and insert "a very probable"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Rasmussen and Morton on page 3, line 18, to Substitute House Bill No. 2960.
The motion by Senator Rasmussen carried and the amendment was adopted.
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 2960, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2960, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2960, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE HOUSE BILL NO. 2960, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2836, by House Committee on Natural Resources (originally sponsored by Representatives Pennington, Mielke, Hatfield, Doumit, Buck, Boldt, Dunn, Alexander, Carlson, Kessler, McCune, Thompson and Conway)
Creating a pilot program for the recovery of fish runs.
The bill was read the second time.
MOTIONS
On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes the need to address listings that are made under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) in a way that will make the most efficient use of existing efforts. The legislature finds that the principle of adaptive management requires that different models should be tried so that the lessons learned from these models can be put to use throughout the state. It is the intent of the legislature to create a pilot program for southwestern Washington to address the recent steelhead listings and which takes full advantage of all state and local efforts at habitat restoration in that area to date.
NEW SECTION. Sec. 2. (1) A pilot program for steelhead recovery is established in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties within the habitat area classified as evolutionarily significant unit 4 by the federal national marine fisheries service. The management board created under subsection (2) of this section is responsible for implementing the habitat portion of the approved steelhead recovery initiative and is empowered to receive and disburse funds for the approved steelhead recovery initiative. The management board created pursuant to this section shall constitute the regional council for this area responsible for fulfilling the requirements and exercising the powers of a regional council under chapter . . ., Laws of 1998 (Substitute House Bill No. 2496).
(2) A management board consisting of fifteen voting members is created within evolutionarily significant unit 4. The members shall consist of one county commissioner or designee from each of the five participating counties selected by each county legislative authority; one member representing the cities contained within evolutionarily significant unit 4 as a voting member selected by the cities in evolutionarily significant unit 4; a representative of the Cowlitz Tribe appointed by the tribe; one state legislator elected from one of the legislative districts contained within evolutionarily significant unit 4 selected by that group of state legislators representing the area; five representatives to include at least one member who represents private property interests appointed by the five county commissioners or designees; one hydro utility representative nominated by hydro utilities and appointed by the five county commissioners or designees; and one representative nominated from the environmental community who resides in evolutionarily significant unit 4 appointed by the five county commissioners or designees. The board shall appoint and consult a technical advisory committee, which shall include four representatives of state agencies one each appointed by the directors of the departments of ecology, fish and wildlife, and transportation, and the commissioner of public lands. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the five county commissioners or designees and the legislator on the board. In making appointments under this subsection, the county commissioners shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.
(3)(a) The management board shall participate in the development of a recovery plan to implement its responsibilities under (b) of this subsection. The management board shall consider local watershed efforts and activities as well as habitat conservation plans in the implementation of the recovery plan. Any of the participating counties may continue its own efforts for restoring steelhead habitat. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.
(b) The management board is responsible for implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation initiative approved by the state and the national marine fisheries service. The management board may work in cooperation with the state and the national marine fisheries service to modify the initiative, or to address habitat for other aquatic species that may be subsequently listed under the federal endangered species act. The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.
(c) The management board shall prioritize as appropriate and approve projects and programs related to the recovery of lower Columbia river steelhead runs, including the funding of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The management board shall establish criteria for funding projects and programs based upon their likely value in steelhead recovery. The management board may consider local economic impact among the criteria, but jurisdictional boundaries and factors related to jurisdictional population may not be considered as part of the criteria.
(d) The management board shall assess the factors for decline along each prioritized stream as listed in the lower Columbia steelhead conservation initiative. The management board is encouraged to take a stream-by-stream approach in conducting the assessment which utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.
(4) The management board has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent. The management board shall report on its progress on a quarterly basis to the legislative bodies of the five participating counties and the state natural resource-related agencies.
(5) The pilot program terminates on July 1, 2002.
(6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an evolutionarily significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On motion of Senator Oke, the following title amendment was adopted:
On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "creating new sections; and declaring an emergency."
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute House Bill No. 2836, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2836, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2836, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2836, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act
SECOND READING
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354, by House Committee on Appropriations (originally sponsored by Representatives Pennington, Mielke, Dunn and Boldt)
Changing air pollution control provisions.
The bill was read the second time.
MOTION
Senator Morton moved that the following Committee on Agriculture and Environment amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.94.130 and 1991 c 199 s 705 are each amended to read as follows:
The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70.94.100. The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary expenses incurred by the member in such performance. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.
Sec. 2. RCW 70.120.070 and 1991 c 199 s 203 are each amended to read as follows:
(1) Any person:
(a) Whose motor vehicle is tested pursuant to this chapter and fails to comply with the emission standards established for the vehicle; and
(b) Who, following such a test, expends more than one hundred dollars on a 1980 or earlier model year motor vehicle or expends more than one hundred fifty dollars on a 1981 or later model year motor vehicle for repairs solely devoted to meeting the emission standards and that are performed by a certified emission specialist authorized by RCW 70.120.020(2)(a); and
(c) Whose vehicle fails a retest, may be issued a certificate of acceptance if (i) the vehicle has been in use for more than five years or fifty thousand miles, and (ii) any component of the vehicle installed by the manufacturer for the purpose of reducing emissions, or its appropriate replacement, is installed and operative.
To receive the certificate, the person must document compliance with (b) and (c) of this subsection to the satisfaction of the department.
Should any provision of (b) of this subsection be disapproved by the administrator of the United States environmental protection agency, all vehicles shall be required to expend at least four hundred fifty dollars to qualify for a certificate of acceptance.
(2) Persons who fail the initial tests shall be provided with:
(a) Information regarding the availability of federal warranties and certified emission specialists;
(b) Information on the availability and procedure for acquiring license trip-permits;
(c) Information on the availability and procedure for receiving a certificate of acceptance; and
(d) The local phone number of the department's local vehicle specialist.
Sec. 3. RCW 70.120.100 and 1979 ex.s. c 163 s 10 are each amended to read as follows:
The department shall investigate complaints received regarding the operation of emission testing stations and shall require corrections or modifications in those operations when deemed necessary.
The department shall also review complaints received regarding the maintenance or repairs secured by owners of motor vehicles for the purpose of complying with the requirements of this chapter. When possible, the department shall assist such owners in determining the merits of the complaints.
The department shall keep a copy of all complaints received, and on request, make copies available to the public. This is not intended to require disclosure of any information that is exempt from public disclosure under chapter 42.17 RCW.
Sec. 4. RCW 70.120.170 and 1991 c 199 s 208 are each amended to read as follows:
(1) The department shall administer a system for emission inspections of all motor vehicles, except those described in RCW 46.16.015(2), that are registered within the boundaries of each emission contributing area. Under such system a motor vehicle shall be inspected biennially except where an annual program would be required to meet federal law and prevent federal sanctions. In addition, motor vehicles shall be inspected at each change of registered owner of a licensed vehicle as provided under RCW 46.16.015.
(2) The director shall:
(a) Adopt procedures for conducting emission inspections of motor vehicles. The inspections may include idle and high revolution per minute emission tests. The emission test for diesel vehicles shall consist solely of a smoke opacity test.
(b) Adopt criteria for calibrating emission testing equipment. Electronic equipment used to test for emissions standards provided for in this chapter shall be properly calibrated. The department shall examine frequently the calibration of the emission testing equipment used at the stations.
(c) Authorize, through contracts, the establishment and operation of inspection stations for conducting vehicle emission inspections authorized in this chapter. No person contracted to inspect motor vehicles may perform for compensation repairs on any vehicles. No public body may establish or operate contracted inspection stations. Any contracts must be let in accordance with the procedures established for competitive bids in chapter 43.19 RCW.
(3) Subsection (2)(c) of this section does not apply to volunteer motor vehicle inspections under RCW 70.120.020(1) if the inspections are conducted for the following purposes:
(a) Auditing;
(b) Contractor evaluation;
(c) Collection of data for establishing calibration and performance standards; or
(d) Public information and education.
(4)(a) The director shall establish by rule the fee to be charged for emission inspections. The inspection fee shall be a standard fee applicable state-wide or throughout an emission contributing area and shall be no greater than ((eighteen)) fifteen dollars. Surplus moneys collected from fees over the amount due the contractor shall be paid to the state and deposited in the general fund. Fees shall be set at the minimum whole dollar amount required to (i) compensate the contractor or inspection facility owner, and (ii) offset the general fund appropriation to the department to cover the administrative costs of the motor vehicle emission inspection program.
(b) Before each inspection, a person whose motor vehicle is to be inspected shall pay to the inspection station the fee established under this section. The person whose motor vehicle is inspected shall receive the results of the inspection. If the inspected vehicle complies with the standards established by the director, the person shall receive a dated certificate of compliance. If the inspected vehicle does not comply with those standards, one reinspection of the vehicle shall be afforded without charge.
(5) All units of local government and agencies of the state with motor vehicles garaged or regularly operated in an emissions contributing area shall test the emissions of those vehicles annually to ensure that the vehicle's emissions comply with the emission standards established by the director. All state agencies outside of emission contributing areas with more than twenty motor vehicles housed at a single facility or contiguous facilities shall test the emissions of those vehicles annually to ensure that the vehicles' emissions comply with standards established by the director. A report of the results of the tests shall be submitted to the department.
NEW SECTION. Sec. 5. A new section is added to chapter 70.120 RCW to read as follows:
The department shall establish a scientific advisory board to review plans to expand the geographic area where an inspection and maintenance system for motor vehicle emissions is required. The board shall consist of three to five members. All members shall have at least a master's degree in physics, chemistry, or engineering, or a closely related field. No member may be a current employee of a local air pollution control authority, the department, the United States environmental protection agency, or a company that may benefit from a review by the board.
The board shall review an inspection and maintenance plan at the request of a local air pollution control authority, the department, or by a petition of at least fifty people living within the proposed boundaries of a vehicle emission inspection and maintenance system. The entity or entities requesting a scientific review may include specific issues for the board to consider in its review. The board shall limit its review to matters of science and shall not provide advice on penalties or issues that are strictly legal in nature.
The board shall provide a complete written review to the department. If the board members are not in agreement as to the scientific merit of any issue under review, the board may include a dissenting opinion in its report to the department. The department shall immediately make copies available to the local air pollution control authority and to the public.
The department shall conduct a public hearing, within the area affected by the proposed rule, if any significant aspect of the rule is in conflict with a majority opinion of the board. The department shall include in its responsiveness summary the rationale for including a rule that is not consistent with the review of the board, including a response to the issues raised at the public hearing.
Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
Sec. 6. RCW 46.16.015 and 1991 c 199 s 209 are each amended to read as follows:
(1) Neither the department of licensing nor its agents may issue or renew a motor vehicle license for any vehicle or change the registered owner of a licensed vehicle, for any vehicle that is required to be inspected under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued pursuant to chapter 70.120 RCW; or (b) exempted from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is within six months of the date of application for the vehicle license or license renewal. Certificates for fleet or owner tested diesel vehicles may have a date of validation which is within twelve months of the assigned license renewal date.
(2) Subsection (1) of this section does not apply to the following vehicles:
(a) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered exclusively by electricity;
(d) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that federal sanctions will be imposed as a result of this exemption;
(e) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;
(f) Farm vehicles as defined in RCW 46.04.181;
(g) Used vehicles which are offered for sale by a motor vehicle dealer licensed under chapter 46.70 RCW; ((or))
(h) Classes of motor vehicles exempted by the director of the department of ecology;
(i) Collector cars as identified by the department of licensing under RCW 46.16.305(1); or
(j) Beginning January 1, 2000, vehicles that are less than five years old or more than twenty-five years old.
The provisions of ((subparagraph)) (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of this section applications for the renewal of licenses for motor vehicles that are or have been leased.
(3) The department of ecology shall provide information to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas. In addition the department of ecology shall provide information to motor vehicle owners on the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution. The department of licensing shall send to all registered motor vehicle owners affected by the emission testing program notice that they must have an emission test to renew their registration.
NEW SECTION. Sec. 7. (1) The department of ecology shall evaluate changes to the motor vehicle emission inspection program made in RCW 46.16.015(2)(j) and other options that meet air quality objectives and lessen the effect of the program on the motorist. The department shall consider air quality, program costs, and motorist convenience in its evaluation and make recommendations for changes to the program to the appropriate standing committees of the legislature by January 1, 1999.
(2) This section expires June 30, 1999."
MOTION
Senator Brown moved that the following amendment by Senators Brown and West to the Committee on Agriculture and Environment striking amendment be adopted:
On page 1, after line 29 of the amendment, insert the following:
"Sec. 2. RCW 70.94.100 and 1991 c 199 s 704 are each amended to read as follows:
(1) The governing body of each authority shall be known as the board of directors.
(2) In the case of an authority comprised of one county the board shall be comprised of ((two appointees)) one appointee of the city selection committee, ((at least)) one ((of whom)) appointee who shall be appointed by the legislative authority of and represent the city having the most population in the county, and two representatives to be designated by the ((board of)) county ((commissioners)) legislative authority. In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one appointee from each county, who shall represent the city having the most population in such county, to be designated by the mayor and ((city council)) legislative authority of such city, and one representative from each county to be designated by the ((board of)) county ((commissioners)) legislative authority of each county making up the authority. In the case of an authority comprised of six or more counties, the board shall be comprised of one representative from each county to be designated by the ((board of)) county ((commissioners)) legislative authority of each county making up the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be appointed by the mayor and ((city council)) legislative authority of such city.
(3) If the board of an authority otherwise would consist of an even number, the members selected as above provided shall agree upon and elect an additional member who shall be either a member of the ((governing body)) legislative authority of one of the towns, cities, or counties comprising the authority, or a private citizen residing in the authority.
(4) The terms of office of board members shall be four years.
(5) Wherever a member of a board has a potential conflict of interest in an action before the board, the member shall declare to the board the nature of the potential conflict prior to participating in the action review. The board shall, if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Brown and West on page 1, after line 29, to the Committee on Agriculture and Environment striking amendment to Second Engrossed Second Substitute House Bill No. 1354.
The motion by Senator Brown carried and the amendment to the committee striking amendment was adopted.
MOTION
Senator Fraser moved that the following amendment by Senators Wood and Fraser to the Committee on Agriculture and Environment striking amendment be adopted:
On page 4, line 5 of the amendment, after "than" strike all material through "fifteen" and insert "eighteen"
PARLIAMENTARY INQUIRY
Senator Morton: “A parliamentary inquiry, Mr. President. We have here an amendment to the amendment. Both of these address a dollar figure and I would like to have a clarification here as to which one would supercede the other? The committee amendment was for fourteen to fifteen dollars and this amendment would raise the cap to eighteen dollars. So, a clarification would be helpful, Mr. President, if you please.”
REPLY BY THE PRESIDENT
President Owen: “Senator Morton, the amendment by Senators Wood and Fraser is a perfecting amendment to the committee striking amendment. Therefore, if it passes, it would be the level.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Wood and Fraser on page 4, line 5, to the Committee on Agriculture and Environment striking amendment to Second Engrossed Second Substitute House Bill No. 1354.
The motion by Senator Fraser failed and the amendment to the committee striking amendment was not adopted on a rising vote.
MOTION
Senator Swecker moved that the following amendment by Senators Swecker and Fraser to the Committee on Agriculture and Environment striking amendment be adopted:
On page 7, after line 6 of the amendment, insert the following:
"Sec. 8. RCW 70.94.473 and 1995 c 205 s 1 are each amended to read as follows:
(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area. A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of ((seventy-five)) sixty micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average; and
(c) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991."
The President declared the question before the Senate to be the adoption of the amendment by Senators Swecker and Fraser on page 7, after line 6, to the Committee on Agriculture and Environment striking amendment to Second Engrossed Second Substitute House Bill No. 1354.
The motion by Senator Swecker carried and the amendment to the committee striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Agriculture and Environment striking amendment, as amended, to Second Engrossed Substitute House Bill No. 1354.
The motion by Senator Morton carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Morton, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "control;" strike the remainder of the title and insert "amending RCW 70.94.130, 70.120.070, 70.120.100, 70.120.170, and 46.16.015; adding a new section to chapter 70.120 RCW; creating a new section; and providing an expiration date."
On page 7, line 11 of the title amendment, after "70.94.130," insert "70.94.100,"
On page 7, line 12 of the title amendment, after "70.120.170," strike "and 46.16.015" and insert "46.16.015, and 70.94.473"
On motion of Senator Morton, the rules were suspended, Second Engrossed Second Substitute House Bill No. 1354, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Second Substitute House Bill No. 1354, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Second Substitute House Bill No. 1354, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Rossi, Schow, Sellar, Spanel, Swecker, Thibaudeau, West and Zarelli - 32. Voting nay: Senators Franklin, Hargrove, Haugen, Hochstatter, Long, Loveland, McCaslin, Prentice, Roach, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Winsley, Wojahn and Wood - 17.. SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 5:42 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Wednesday, March 4, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate