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SIXTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, March 11, 1999
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.
The Sergeant at Arms Color Guard consisting of Pages Michael Hawkins and Kevin Kirkpatrick, presented the Colors. Reverend Anna Grace, pastor of the Unity Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
At 8:37 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 9:37 a.m. by President Owen.
There being no objection, the Senate resumed consideration of the pending motions by Senator Johnson to relieve the Committee on Ways and Means of Senate Bill No. 5905 and to relieve the Committee on Education of Senate Bill No. 5635 and to suspend the rules and place both bills on the second reading calendar, which was made on the ninth order of business, and no action taken, before the Senate adjourned on the Fifty-ninth day, March 10, 1999.
MOTION
Senator Snyder moved that the motions be laid on the table.
MOTION
On motion of Senator West, the question was divided.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Snyder to lay the motion on the table, which was made by Senator Johnson to relieve the Committee on Ways and Means of Senate Bill No. 5905 and that the rules be suspended and the bill be placed on the second reading calendar.
ROLL CALL
The Secretary called the roll and the motion by Senator Snyder to lay the motion by Senator Johnson on the table regarding Senate Bill No. 5905 carried by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 22.
The President declared the question before the Senate to be the roll call on the motion by Senator Snyder to lay the motion on the table, which was made by Senator Johnson to relieve the Committee on Education of further consideration of Senate Bill No. 5635 and that the rules be suspended and the bill be placed on second reading.
ROLL CALL
The Secretary called the roll and the motion by Senator Snyder to lay the motion by Senator Johnson on the table regarding Senate Bill No. 5635 carried by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 22.
MOTION FOR RECONSIDERATION
Having served prior notice on March 9, 1999, Senator Snyder moved to reconsider the vote by which Senate Bill No. 5564 failed to pass the Senate.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Prentice and Wojahn called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried on a rising vote.
The President declared the question before the Senate to be the motion by Senator Snyder to reconsider the vote by which Senate Bill No. 5564 failed to pass the Senate.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Snyder to reconsider the vote by which Senate Bill No. 5564 failed to pass the Senate.
ROLL CALL
The Secretary called the roll and the motion for reconsideration carried by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0. Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 30.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, West and Zarelli - 19.
MOTION
On motion of Senator Snyder, further consideration of Senate Bill No. 5564 was deferred and the bill was placed on the third reading calendar.
MOTION FOR RECONSIDERATION
Having served prior notice on March 10, 1999, Senator Snyder moved to reconsider the vote by which Senate Joint Resolution No. 8204 failed to pass the Senate.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Prentice and Wojahn called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President declared the question before the Senate to be the motion by Senator Snyder to reconsider the vote by which Senate Joint Resolution No. 8204 failed to pass the Senate.
The motion carried and the Senate will reconsider the vote by which Senate Joint Resolution No. 8204 failed to pass the Senate.
MOTION
On motion of Senator Snyder, further consideration of Senate Joint Resolution No. 8204 was deferred and the joint resolution was placed on the third reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
OFFICE OF FINANCIAL MANAGEMENT
Insurance Building
P. O. Box 43113
Olympia, Washington 98504-3113
March 5, 1999
TO: All Agencies
FROM: Candace Espeseth, Assistant Director, Budget Division
SUBJECT: December 1998 Allotment Variance Report
Attached is the December 1998 quarterly variance report which the Office of Financial Management has submitted to the Legislature in accordance with RCW 43.88.110. Please note that this report only includes variance explanations for those agencies that have a cumulative variance of 10 percent or $5 million. Explanations for Fiscal Year 1998 are included as submitted for the previous variance report. Fiscal Year 1998 numbers and explanations will continue to be displayed for the balance of the biennium, even though they will not change again. Legislative staff has also been provided with the original agency responses.
The Office of Financial Management December 1998 Allotment Variance Report is on file in the Office of the Secretary of Senate.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
March 9, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1156,
SUBSTITUTE HOUSE BILL NO. 1158,
ENGROSSED HOUSE BILL NO. 1263,
HOUSE BILL NO. 1320,
HOUSE BILL NO. 1322,
HOUSE BILL NO. 1413,
HOUSE BILL NO. 1432,
HOUSE BILL NO. 1442,
SUBSTITUTE HOUSE BILL NO. 1485,
SUBSTITUTE HOUSE BILL NO. 1487,
HOUSE BILL NO. 1542,
HOUSE BILL NO. 1549,
HOUSE BILL NO. 1556,
HOUSE BILL NO. 1584,
SUBSTITUTE HOUSE BILL NO. 1677,
HOUSE BILL NO. 1715,
HOUSE BILL NO. 1734,
SUBSTITUTE HOUSE BILL NO. 1747,
ENGROSSED HOUSE BILL NO. 1749,
HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1811,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1817,
SUBSTITUTE HOUSE BILL NO. 1838,
HOUSE BILL NO. 1849,
HOUSE BILL NO. 1936,
HOUSE BILL NO. 2052,
SUBSTITUTE HOUSE BILL NO. 2054,
SUBSTITUTE HOUSE BILL NO. 2071,
HOUSE BILL NO. 2081, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
March 9, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1014,
SUBSTITUTE HOUSE BILL NO. 1015,
SUBSTITUTE HOUSE BILL NO. 1016,
HOUSE BILL NO. 1025,
HOUSE BILL NO. 1050,
SUBSTITUTE HOUSE BILL NO. 1053,
SUBSTITUTE HOUSE BILL NO. 1072,
HOUSE BILL NO. 1096,
HOUSE BILL NO. 1170,
SUBSTITUTE HOUSE BILL NO. 1171,
HOUSE BILL NO. 1175,
SUBSTITUTE HOUSE BILL NO. 1177, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6085 by Senators McCaslin and Hargrove
AN ACT Relating to work of a legal nature for compensation; and amending RCW 2.48.190 and 2.56.030.
Referred to Committee on Judiciary.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1014 by Representatives Carlson, Regala, Ogden, Pennington, Hatfield, Hurst, Stensen, Buck, Romero, Kastama, Scott, McIntire, Keiser, Cooper, Ballasiotes, Schual-Berke, Murray, Cody, Veloria, Rockefeller and Lantz
Requiring children age twelve and under to wear a personal flotation device while on a vessel on the waters of the state.
Referred to Committee on Natural Resources, Parks and Recreation.
SHB 1015 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Radcliff and Sheahan)
Extending the tuition waiver for students in the western interstate commission for higher education western undergraduate exchange program.
Referred to Committee on Higher Education.
SHB 1016 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Ogden, Kenney, Boldt, Pennington, Dunn, Hatfield, Doumit, Mielke, Talcott and Lantz)
Creating the border county higher education opportunity pilot project.
Referred to Committee on Higher Education.
HB 1025 by Representatives D. Sommers, Ogden, Alexander, H. Sommers, Conway, Wolfe, Carlson and Bush (by request of Joint Committee on Pension Policy)
Establishing membership in the public employees' retirement system.
Referred to Committee on Ways and Means.
HB 1050 by Representatives Conway and Clements (by request of Department of Labor and Industries)
Relieving the department of labor and industries of the duties of coal mine inspection.
Referred to Committee on Labor and Workforce Development.
SHB 1053 by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Hatfield, Radcliff, O'Brien, Tokuda, Hurst, Skinner and Hankins) (by request of Legislative Transportation Committee)
Consolidating the fuel tax rate and distribution statutes.
Referred to Committee on Transportation.
SHB 1072 by House Committee on State Government (originally sponsored by Representatives Romero and D. Schmidt) (by request of Alternative Public Works Methods Oversight Committee)
Changing provisions relating to the alternative works process.
Referred to Committee on State and Local Government.
HB 1096 by Representatives Cairnes, O'Brien, Schindler, Constantine, Lovick, D. Schmidt, Alexander, Romero, Barlean, Keiser, Morris, Carlson, Cooper, Kessler, Esser and Fortunato
Making assault of a school employee or sports official an aggravating factor for sentencing.
Referred to Committee on Judiciary.
ESHB 1156 by House Committee on Transportation (originally sponsored by Representatives Ericksen, Cooper, Mielke, Ogden, DeBolt and K. Schmidt)
Requiring motor carrier drug testing programs.
Referred to Committee on Transportation.
SHB 1158 by House Committee on State Government (originally sponsored by Representatives Ogden, DeBolt, Cooper, Ericksen and Mielke)
Collecting information from truck, tractor, or trailer intelligent information systems.
Referred to Committee on Transportation.
HB 1170 by Representatives Campbell, Bush, Scott, Benson, Gombosky, Mulliken, Mielke, Boldt, Schoesler, Esser and Lambert
Making elected municipal officers subject to the same ethics standards as state officers with regard to gifts.
Referred to Committee on State and Local Government.
SHB 1171 by House Committee on Local Government (originally sponsored by Representatives Alexander, Mielke, Doumit, Hatfield, Kessler, Pennington, DeBolt, Scott and D. Schmidt)
Allowing port district annexations.
Referred to Committee on State and Local Government.
HB 1175 by Representatives Cairnes, O'Brien, DeBolt, Dunshee, Schindler, Morris, Koster, Cooper, G. Chandler, Mulliken, Benson, Mielke, Stensen, Carrell, Ogden, Dunn and McIntire
Regulating street rods.
Referred to Committee on Transportation.
SHB 1177 by House Committee on Appropriations (originally sponsored by Representatives Ballasiotes, Lambert, Koster, Kagi, O'Brien, Cairnes, Lovick, Constantine, Hurst, Kessler and Conway) (by request of Department of Corrections)
Defining the crime of custodial sexual misconduct.
Referred to Committee on Judiciary.
EHB 1263 by Representatives Sheahan, Constantine, McDonald and Kastama
Regulating process and fees of district and municipal courts.
Referred to Committee on Judiciary.
HB 1320 by Representatives Fisher, Ericksen, K. Schmidt, Cooper, Romero, O'Brien, Haigh, Ogden, Veloria, Wood, McIntire, Murray and Ruderman (by request of Department of Transportation)
Developing intercity passenger rail service.
Referred to Committee on Transportation.
HB 1322 by Representatives Mitchell, Romero, Fisher and Murray (by request of Department of Transportation)
Adding information to motorist information signs.
Referred to Committee on Transportation.
HB 1413 by Representatives McMorris, Romero, Dunshee, Campbell, Haigh, D. Schmidt, Miloscia and Lambert (by request of Washington Citizens' Commission on Salaries for Elected Officials)
Staggering the terms of the members of the Washington citizens' commission on salaries for elected officials.
Referred to Committee on State and Local Government.
HB 1432 by Representatives Stensen, G. Chandler, Linville, Koster, Cooper, Dunshee, Reardon and Wood
Expanding the powers and duties of the dairy commission.
Referred to Committee on Agriculture and Rural Economic Development.
HB 1442 by Representatives Edwards, Radcliff, Scott, Wolfe, Reardon, Sheahan, Lovick, Fisher, O'Brien, Santos, Romero, Kenney, Conway, Ogden, Dickerson, Haigh and Keiser
Extending protection of transit employees and customers.
Referred to Committee on Judiciary.
SHB 1485 by House Committee on Capital Budget (originally sponsored by Representatives Barlean and Anderson)
Selling the Whidbey Island game farm.
Referred to Committee on Natural Resources, Parks and Recreation.
SHB 1487 by House Committee on Children and Family Services (originally sponsored by Representatives Clements and Skinner)
Changing provisions relating to foster parents' rights.
Referred to Committee on Human Services and Corrections.
HB 1542 by Representatives Ericksen, D. Schmidt, Romero and McMorris
Recording surveys.
Referred to Committee on State and Local Government.
HB 1549 by Representatives G. Chandler, Linville, Mastin, Schoesler, Koster and Fortunato
Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted due to federal or state laws.
Referred to Committee on Environmental Quality and Water Resources.
HB 1556 by Representatives Hatfield, Bush, Romero, McDonald, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen, Delvin, Constantine, Mastin and Murray (by request of Washington State Patrol)
Increasing timeliness of fire death reports.
Referred to Committee on State and Local Government.
HB 1584 by Representatives Hurst, Mulliken, Scott, Stensen and O'Brien
Allowing unincorporated territory adjacent to a fire protection district to be annexed.
Referred to Committee on State and Local Government.
SHB 1677 by House Committee on Agriculture and Ecology (originally sponsored by Representatives B. Chandler, Grant, G. Chandler, Linville, Mastin, Delvin and Parlette)
Changing irrigation district provisions.
Referred to Committee on Agriculture and Rural Economic Development.
HB 1715 by Representatives Cox, Stensen, Schual-Berke and Talcott (by request of Board of Education)
Reclassifying the state board of education as a class four group.
Referred to Committee on Education.
HB 1734 by Representatives Esser and Schual-Berke (by request of Department of Health)
Subjecting licensed psychologists to chapter 18.130 RCW, the uniform disciplinary act.
Referred to Committee on Health and Long-Term Care.
SHB 1747 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler) (by request of Washington State Conservation Commission)
Changing conservation district provisions.
Referred to Committee on Agriculture and Rural Economic Development.
EHB 1749 by Representatives Dickerson, McDonald, Lantz and Koster
Revising eligibility requirements for deferred disposition.
Referred to Committee on Judiciary.
HB 1757 by Representatives Miloscia, O'Brien, Koster, Lovick, Haigh, Hurst and Radcliff
Expanding the number of inmates subject to mandatory DNA testing.
Referred to Committee on Human Services and Corrections.
SHB 1770 by House Committee on Education (originally sponsored by Representatives Stensen and Talcott) (by request of Board of Education)
Adopting recommendations of the state board of education.
Referred to Committee on Education.
SHB 1811 by House Committee on Children and Family Services (originally sponsored by Representatives Tokuda, Boldt, D. Sommers, Kenney and Ogden) (by request of Department of Social and Health Services)
Revising provisions relating to supported employment for persons with severe disabilities.
Referred to Committee on Health and Long-Term Care.
ESHB 1817 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Grant and Clements)
Funding horticultural pest and disease boards.
Referred to Committee on Agriculture and Rural Economic Development.
SHB 1838 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Mulliken and Ogden)
Creating the impaired dentist account.
Referred to Committee on Health and Long-Term Care.
HB 1849 by Representatives Kagi, Carrell, Tokuda, Boldt, Lovick, Barlean, McIntire, Edwards, Kenney and Schual-Berke
Expanding aggravating circumstances when a court may impose an exceptional sentence.
Referred to Committee on Judiciary.
HB 1936 by Representatives Tokuda, Boldt, D. Sommers and Santos
Requiring employability screening for recipients of temporary assistance for needy families.
Referred to Committee on Labor and Workforce Development.
HB 2052 by Representatives Barlean, Keiser, Benson and Hatfield (by request of Attorney General Gregoire)
Regulating service contracts.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SHB 2054 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Quall, Benson, Hatfield and Cairnes)
Regulating sellers who finance the goods they sell.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
SHB 2071 by House Committee on Commerce and Labor (originally sponsored by Representatives B. Chandler, Conway, McMorris and Koster)
Excluding a member or manager of a limited liability company from workers' compensation coverage.
Referred to Committee on Judiciary.
HB 2081 by Representatives Ruderman, Crouse, Dunshee, Thomas, Kessler, Murray, O'Brien, Ogden, Rockefeller, Stensen, Constantine and Lantz (by request of Governor Locke)
Continuing a moratorium that prohibits a city or town from imposing a specific fee or tax on an internet service provider.
Referred to Committee on Energy, Technology and Telecommunications.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Deccio, Senator West was excused.
MOTION
On motion of Senator Franklin, Senator Haugen was excused.
SECOND READING
SENATE BILL NO. 5482, by Senators Thibaudeau, Deccio, Costa, Rasmussen and Winsley
Regulating disclosure of medical and health research records.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5482 was substituted for Senate Bill No. 5482 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5482 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5482.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5482 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 43.
Voting nay: Senators Benton, Roach, Stevens and Zarelli - 4.
Excused: Senators Haugen and West - 2.
SUBSTITUTE SENATE BILL NO. 5482, 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. 5805, by Senators Thibaudeau, Prentice, Deccio, Kohl-Welles and Costa
Completing prescriptive authority for advanced registered nurse practitioners.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5805 was substituted for Senate Bill No. 5805 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5805 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Thibaudeau, on page 6, line 14 of the bill, it says, 'The commission is directed to jointly adopt by consensus with the board of' and then it goes on. Does that mean that there is no actual vote on whether or not we adopt regulations? Is this just going to be a matter of if we feel like this should be done?”
Senator Thibaudeau: “No, this is not. This is a matter of those bodies agreeing, so that ARNP in setting standards--so that ARNP can proceed to do this. This is not a study; this is a clear direction for, as Senator Deccio, the Senator from the fourteenth district has described, to give this kind of prescriptive authority.”
Senator Roach: “Thank you, Senator Thibaudeau.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5805.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5805 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Voting nay: Senator Roach - 1.
Excused: Senators Haugen and West - 2.
SUBSTITUTE SENATE BILL NO. 5805, 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. 5115, by Senators Heavey, Prentice, Kline and Fairley
Changing judicial review of public employment relations commission proceedings.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5115 was substituted for Senate Bill No. 5115 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5115 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5115.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5115 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Haugen and West - 2.
SUBSTITUTE SENATE BILL NO. 5115, 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. 5273, by Senators Jacobsen, Haugen, Rasmussen, Gardner, Prentice, Patterson, Winsley and Fraser
Creating a scenic byways designation program.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5273 was substituted for Senate Bill No. 5273 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5273 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 Franklin, Senators Loveland and Snyder were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5273.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5273 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Loveland, Snyder and West - 3.
SUBSTITUTE SENATE BILL NO. 5273, 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. 5594, by Senators Rasmussen, T. Sheldon, Prentice, Fairley and Winsley (by request of Governor Locke)
Enhancing economic vitality.
MOTIONS
On motion of Senator Rasmussen, Second Substitute Senate Bill No. 5594 was substituted for Senate Bill No. 5594 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendments by Senators Hargrove, Morton, Rasmussen, Loveland, Tim Sheldon and Stevens were considered simultaneously and were adopted:
On page 5, line 24, after "telecommunications," insert "transportation,"
On page 16, line 2, after "telecommunications" insert ", transportation, or commercial"
MOTIONS
On motion of Senator Tim Sheldon, the following amendment by Senators Tim Sheldon and Loveland was adopted:
On page 8, line 25, after "impact areas." strike all material down through line 29 and insert "((For purposes of this section, the term "distressed counties" includes any county, in which the average level of unemployment for the three years before the year in which an application for financial assistance is filed, exceeds the average state unemployment for those years by twenty percent.))"
On motion of Senator Rasmussen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5594 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. 5594.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5594 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 48.
Excused: Senator West - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5594, 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. 5848, by Senators Hargrove, Hochstatter, Thibaudeau and Oke
Providing insurance coverage under the basic health plan.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5848 was substituted for Senate Bill No. 5848 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the following amendment was adopted:
On page 5, line 8, before "amount" strike "per capita" and insert "((per capita))"
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5848 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 McCaslin, Senator Long was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5848.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5848 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Long and West - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5848, 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, Senators Fairley, Franklin and Prentice were excused.
SECOND READING
SENATE BILL NO. 5588, by Senators Wojahn, Snyder, Thibaudeau, Fairley, Winsley, Costa , Hale, Prentice, McAuliffe, Kohl-Welles, Rasmussen, Franklin and Sellar.
Classifying false advertising of health carriers as unfair or deceptive acts.
MOTIONS
Senator Thibaudeau moved that Substitute Senate Bill No. 5588 be substituted for Senate Bill No. 5588 and that the substitute bill be placed on second reading and read the second time.
POINT OF ORDER
Senator Finkbeiner: “I rise to challenge the scope and object of the substitute bill. The original Senate Bill No. 5588, as we can see the title right here--classifying false advertising--deals specifically with false advertising by a health insurance carrier. As a matter of fact--in the public interest--for purposes of the Consumer Protection Act. The substitute bill, however, would expand that beyond both the scope and object of the title and of the original bill and would make any violation of Chapter 48.30 of our RCWs, a matter of affecting public interest--thus again expanding beyond the scope and object of both the original title and the original bill.”
Debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5588 was deferred.
MOTION
On motion of Senator Heavey, Senator Bauer was excused.
SECOND READING
SENATE BILL NO. 5513, by Senators Costa, Long, Franklin, Zarelli, Heavey, Hargrove, T. Sheldon, Rossi and Shin
Augmenting provisions for execution witnesses.
MOTIONS
On motion of Senator Costa, Substitute Senate Bill No. 5513 was substituted for Senate Bill No. 5513 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5513 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5513.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5513 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Bauer, Fairley, Franklin, Prentice and West - 5.
SUBSTITUTE SENATE BILL NO. 5513, 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. 5416, by Senators Thibaudeau, Eide, Patterson, Franklin, Rasmussen, Snyder, Wojahn, Bauer, Kohl-Welles and McAuliffe (by request of Governor Locke)
Creating the children's health insurance program.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5416 was substituted for Senate Bill No. 5416 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5416 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5416.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5416 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 2; Excused, 2.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Hochstatter, Honeyford, McCaslin, Roach, Stevens and Zarelli - 7.
Absent: Senators Hargrove and Sellar - 2.
Excused: Senators Bauer and West - 2.
SUBSTITUTE SENATE BILL NO. 5416, 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 Horn, Senator Rossi were excused.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5649, by Senators Haugen, Sellar and Goings
Regulating security for long-term impounds.
MOTION
Senator Haugen moved that Senate Bill No. 5649 not be substituted.
The President Pro Tempore declared the question before the Senate to be the motion by Senator Haugen to not substitute Senate Bill No. 5649.
The motion by Senator Haugen carried and Senate Bill No. 5649 was not substituted.
The bill was read the second time.
MOTION
Senator Haugen moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.11.070 and 1989 c 307 s 43 are each amended to read as follows:
(1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without a license.
(2) This chapter does not apply to:
(a) An auction of goods conducted by an individual who personally owns those goods and who did not acquire those goods for resale;
(b) An auction conducted by or under the direction of a public authority;
(c) An auction held under judicial order in the settlement of a decedent's estate;
(d) An auction which is required by law to be at auction;
(e) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation;
(f) An auction of livestock or agricultural products which is conducted under chapter 16.65 or 20.01 RCW. Auctions not regulated under chapter 16.65 or 20.01 RCW shall be fully subject to the provisions of this chapter;
(g) An auction held under chapter 19.150 RCW; ((or))
(h) An auction of an abandoned vehicle under chapter 46.55 RCW; or
(i) An auction of fur pelts conducted by any cooperative association organized under chapter 23.86 RCW or its wholly owned subsidiary. In order to qualify for this exemption, the fur pelts must be from members of the association. However, the association, without loss of the exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so long as the purchased pelts do not exceed fifteen percent of the total pelts auctioned.
Sec. 2. RCW 46.55.010 and 1998 c 203 s 8 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 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) "Long-term impound" means an impound for up to thirty, sixty, or ninety days ordered under RCW 46.55.120 because the driver was in violation of RCW 46.20.342.
(6) "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))) (7) "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))) (8) "Residential property" means property that has no more than four living units located on it.
(((8))) (9) "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))) (10) "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))) (11) "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))) (12) "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))) (13) "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 NEW SECTION. Sec. 3. A new section is added to chapter 46.55 RCW to read as follows:
The Washington state patrol shall provide by rule for a uniform impound authorization and inventory form. All law enforcement agencies must use this form for all vehicle impounds after June 30, 2001.
Sec. 4. RCW 46.55.080 and 1989 c 111 s 8 are each amended to read as follows:
(1) If a vehicle is in violation of the time restrictions of RCW 46.55.010(((12))) (13), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or an agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
(2) The person requesting a private impound or a law enforcement officer or public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of signing an impound authorization or, independent of the property owner, identify a vehicle for impound.
(3) In the case of a private impound, the impound authorization shall include the following statement: "A person authorizing this impound, if the impound is found in violation of chapter 46.55 RCW, may be held liable for the costs incurred by the vehicle owner."
(4) A registered tow truck operator shall record and keep in the operator's files the date and time that a vehicle is put in the operator's custody and released. The operator shall make an entry into a master log regarding transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to representatives of the department or the state patrol.
(5) A person who engages in or offers to engage in the activities of a registered tow truck operator may not be associated in any way with a person or business whose main activity is authorizing the impounding of vehicles.
Sec. 5. RCW 46.55.100 and 1998 c 203 s 9 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 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 other than a long-term impound. 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 other than a long-term impound 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 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. 6. RCW 46.55.110 and 1998 c 203 s 3 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 addition, if a long-term impound has been ordered, the notice must state the length of the impound, the requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW 46.55.120(1)(b) regarding the payment of the costs of removal, towing, and storage as well as providing proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
(3) 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))) (4) If the date on which a notice required by subsection (((2))) (3) 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))) (5) 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. 7. RCW 46.55.120 and 1998 c 203 s 5 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))) (e) 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))) (e) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(b) If the vehicle is directed to be held for a long-term impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed long-term impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
(c) Notwithstanding (b) of this subsection, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a long-term impound.
(d) Notwithstanding (b) of this subsection, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a long-term impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a long-term impound. However, this provision does not preclude a vehicle dealer or lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with chapter 62A.9 RCW, including providing redemption rights to the debtor under RCW 62A.9-506.
(e) 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, with credit being given for the amount of any security deposit paid under (b) of this subsection. 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)) court having jurisdiction that any penalties, fines, or forfeitures owed by him or her as a result of the impound 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 appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more than five days before the date of the auction. 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 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 court shall proceed to hear and determine the validity of the impoundment.
(3)(a) The 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 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 . . . . . ., (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))) (3) 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. 8. RCW 46.55.130 and 1998 c 203 s 6 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))) (3) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, or for which a long-term impound has been directed but no security paid under RCW 46.55.120, 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 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))) (3).
(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. However, storage charges begin to accrue again on the date the correct and complete information is provided to the department by the registered tow truck operator.
Sec. 9. RCW 46.61.625 and 1995 c 360 s 10 are each amended to read as follows:
(1) No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
(2) No person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010(((8))).
Sec. 10. RCW 46.70.180 and 1997 c 153 s 1 are each amended to read as follows:
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of a vehicle when a down payment is in fact required, or that a vehicle may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be financed when such financing is not offered in a single document evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge to be charged for financing, without stating whether this percentage charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or below cost without computing cost as the exact amount of the factory invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain amount, without including in the statement the number of payments of that same amount which are required to liquidate the unpaid purchase price.
(2) To incorporate within the terms of any purchase and sale agreement any statement or representation with regard to the sale or financing of a vehicle which is false, deceptive, or misleading, including but not limited to terms that include as an added cost to the selling price of a vehicle an amount for licensing or transfer of title of that vehicle which is not actually due to the state, unless such amount has in fact been paid by the dealer prior to such sale.
(3) To set up, promote, or aid in the promotion of a plan by which vehicles are to be sold to a person for a consideration and upon further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser being given the right to secure money, credits, goods, or something of value, depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is defined as follows: Taking from a prospective buyer of a vehicle a written order or offer to purchase, or a contract document signed by the buyer, which:
(a) Is subject to the dealer's, or his or her authorized representative's future acceptance, and the dealer fails or refuses within three calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer, either (i) to deliver to the buyer the dealer's signed acceptance, or (ii) to void the order, offer, or contract document and tender the return of any initial payment or security made or given by the buyer, including but not limited to money, check, promissory note, vehicle keys, a trade-in, or certificate of title to a trade-in; or
(b) Permits the dealer to renegotiate a dollar amount specified as trade-in allowance on a vehicle delivered or to be delivered by the buyer as part of the purchase price, for any reason except:
(i) Failure to disclose that the vehicle's certificate of ownership has been branded for any reason, including, but not limited to, status as a rebuilt vehicle as provided in RCW 46.12.050 and 46.12.075; or
(ii) Substantial physical damage or latent mechanical defect occurring before the dealer took possession of the vehicle and which could not have been reasonably discoverable at the time of the taking of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the mileage. "Excessive additional miles" means the addition of five hundred miles or more, as reflected on the vehicle's odometer, between the time the vehicle was first valued by the dealer for purposes of determining its trade-in value and the time of actual delivery of the vehicle to the dealer. "A discrepancy in the mileage" means (A) a discrepancy between the mileage reflected on the vehicle's odometer and the stated mileage on the signed odometer statement; or (B) a discrepancy between the mileage stated on the signed odometer statement and the actual mileage on the vehicle; or
(c) Fails to comply with the obligation of any written warranty or guarantee given by the dealer requiring the furnishing of services or repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this subsection is a class C felony punishable under chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8) To commit any offense relating to a dealer's temporary license permit, including but not limited to failure to properly complete each such permit, or the issuance of more than one such permit on any one vehicle. However, a dealer may issue a second temporary permit on a vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the dealer within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was made within two calendar days, exclusive of Saturday, Sunday, or a legal holiday, after the sales contract has been executed by all parties and all conditions and contingencies in the sales contract have been met or otherwise satisfied.
(9) For a dealer, salesman, or mobile home manufacturer, having taken an instrument or cash "on deposit" from a purchaser prior to the delivery of the bargained-for vehicle, to commingle the "on deposit" funds with assets of the dealer, salesman, or mobile home manufacturer instead of holding the "on deposit" funds as trustee in a separate trust account until the purchaser has taken delivery of the bargained-for vehicle. Delivery of a manufactured home shall be deemed to occur in accordance with RCW 46.70.135(5). Failure, immediately upon receipt, to endorse "on deposit" instruments to such a trust account, or to set aside "on deposit" cash for deposit in such trust account, and failure to deposit such instruments or cash in such trust account by the close of banking hours on the day following receipt thereof, shall be evidence of intent to commit this unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a separate trust account which equals his or her customary total customer deposits for vehicles for future delivery. For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.
(10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales agreement signed by the seller and buyer.
(11) For a vehicle dealer to pay to or receive from any person, firm, partnership, association, or corporation acting, either directly or through a subsidiary, as a buyer's agent for consumers, any compensation, fee, purchase moneys or funds that have been deposited into or withdrawn out of any account controlled or used by any buyer's agent, gratuity, or reward in connection with the purchase or sale of a new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary, to pay to or to receive from any motor vehicle dealer any compensation, fee, gratuity, or reward in connection with the purchase or sale of a new motor vehicle. In addition, it is unlawful for any buyer's agent to engage in any of the following acts on behalf of or in the name of the consumer:
(a) Receiving or paying any purchase moneys or funds into or out of any account controlled or used by any buyer's agent;
(b) Signing any vehicle purchase orders, sales contract, odometer statements, or title documents, or having the name of the buyer's agent appear on the vehicle purchase order, sales contract, or title; or
(c) Signing any other documentation relating to the purchase, sale, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney obtained from the consumer to accomplish or effect the purchase, sale, or transfer of ownership documents of any new motor vehicle by any means which would otherwise be prohibited under (a) through (c) of this subsection. However, the buyer's agent may use a power of attorney for physical delivery of motor vehicle license plates to the consumer.
Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the purchase, or both, of a new motor vehicle through an out-of-state dealer without disclosing in writing to the customer that the new vehicle would not be subject to chapter 19.118 RCW. In addition, it is unlawful for any buyer's agent to fail to have a written agreement with the customer that: (a) Sets forth the terms of the parties' agreement; (b) discloses to the customer the total amount of any fees or other compensation being paid by the customer to the buyer's agent for the agent's services; and (c) further discloses whether the fee or any portion of the fee is refundable. The department of licensing shall by December 31, 1996, in rule, adopt standard disclosure language for buyer's agent agreements under RCW 46.70.011, 46.70.070, and this section.
(14) Being a manufacturer, other than a motorcycle manufacturer governed by chapter 46.94 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or accept delivery of any vehicle or vehicles, parts or accessories, or any other commodities which have not been voluntarily ordered by the vehicle dealer: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of any vehicle dealer doing business in this state without fairly compensating the dealer at a fair going business value for his or her capital investment which shall include but not be limited to tools, equipment, and parts inventory possessed by the dealer on the day he or she is notified of such cancellation or termination and which are still within the dealer's possession on the day the cancellation or termination is effective, if: (i) The capital investment has been entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and (ii) the cancellation or nonrenewal was not done in good faith. Good faith is defined as the duty of each party to any franchise to act in a fair and equitable manner towards each other, so as to guarantee one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: PROVIDED, That recommendation, endorsement, exposition, persuasion, urging, or argument are not deemed to constitute a lack of good faith.
(c) Encourage, aid, abet, or teach a vehicle dealer to sell vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any practice forbidden in this section by either threats of actual cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate delivery to any duly licensed vehicle dealer having a franchise or contractual agreement for the retail sale of new and unused vehicles sold or distributed by such manufacturer within sixty days after such dealer's order has been received in writing unless caused by inability to deliver because of shortage or curtailment of material, labor, transportation, or utility services, or by any labor or production difficulty, or by any cause beyond the reasonable control of the manufacturer;
(f) To provide under the terms of any warranty that a purchaser of any new or unused vehicle that has been sold, distributed for sale, or transferred into this state for resale by the vehicle manufacturer may only make any warranty claim on any item included as an integral part of the vehicle against the manufacturer of that item.
Nothing in this section may be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative, or any other person, whether or not licensed under this chapter, from requiring performance of a written contract entered into with any licensee hereunder, nor does the requirement of such performance constitute a violation of any of the provisions of this section if any such contract or the terms thereof requiring performance, have been freely entered into and executed between the contracting parties. This paragraph and subsection (14)(b) of this section do not apply to new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a long-term impound under chapter 46.55 RCW. However, compliance with chapter 62A.9 RCW in repossessing, selling, leasing, or otherwise disposing of the vehicle, including providing redemption rights to the debtor, is not a violation of this section."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Haugen to Senate Bill No. 5649.
The motion by Senator Haugen carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "to" strike the remainder of the title, and insert "vehicle impound notices, security, and auctions; amending RCW 18.11.070, 46.55.010, 46.55.080, 46.55.100, 46.55.110, 46.55.120, 46.55.130, 46.61.625, and 46.70.180; and adding a new section to chapter 46.55 RCW."
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5649 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 Goings, Senator Patterson was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5649.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5649 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Bauer, Patterson and Rossi - 3.
ENGROSSED SENATE BILL NO. 5649, 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. 5030, by Senators Long, Fraser, Winsley, Franklin, Bauer, Jacobsen, Roach, T. Sheldon, Johnson and Rasmussen (by request of Joint Committee on Pension Policy)
Adjusting the Washington state patrol surviving spouse retirement allowance.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 5030 was substituted for Senate Bill No. 5030 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 5030 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5030.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5030 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Absent: Senator West - 1.
Excused: Senators Bauer, Patterson and Rossi - 3.
SUBSTITUTE SENATE BILL NO. 5030, 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. 5105, by Senators Eide, Morton, Jacobsen and Winsley (by request of Department of Health)
Changing the definition of public water system.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Senate Bill No. 5105 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 Senate Bill No. 5105.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5105 and the bill passed the Senate by the following vote:
Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 48.
Absent: Senator West - 1.
SENATE BILL NO. 5105, 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 Betti Sheldon, Senate Bill No. 5109 was moved to the bottom of the second reading calendar.
SECOND READING
SENATE BILL NO. 5171, by Senators Goings, Prentice and Rasmussen
Regulating Washington state patrol employment agreements.
MOTIONS
On motion of Senator Goings, Second Substitute Senate Bill No. 5171 was substituted for Senate Bill No. 5171 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Second Substitute Senate Bill No. 5171 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 Franklin, Senator Loveland was excused.
MOTION
On motion of Senator Long, Senator West was excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5171.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5171 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Loveland and West - 2.
SECOND SUBSTITUTE SENATE BILL NO. 5171, 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. 5248, by Senators Loveland, Patterson, Snyder, Bauer, McCaslin and Winsley (by request of State Treasurer Murphy)
Negotiating state-wide custody contracts.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5248 was substituted for Senate Bill No. 5248 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5248 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5248.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5248 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Loveland and West - 2.
SUBSTITUTE SENATE BILL NO. 5248, 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.
Vice President Pro Tempore Bauer assumed the Chair.
SECOND READING
SENATE BILL NO. 5250, by Senators Wojahn, Sellar, Jacobsen, Thibaudeau, Deccio, Winsley, McDonald, Kohl-Welles, Rasmussen, Spanel, Fraser, Oke, Gardner, Hale and Costa
Permitting the secretary of health to implement programs regarding women's health.
The bill was read the second time.
MOTIONS
On motion of Senator Wojahn, the following Committee on Health and Long-Term Care amendment was adopted:
On page 1, line 6, after "may" insert "solicit and"
On motion of Senator Wojahn, the rules were suspended, Engrossed Senate Bill No. 5250 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5250.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5250 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 48.
Excused: Senator West - 1.
ENGROSSED SENATE BILL NO. 5250, 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
SENATE BILL NO. 5283, by Senators Goings, Gardner and Benton (by request of Transportation Improvement Board)
Updating references to the transportation improvement board bond retirement account.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5283 was substituted for Senate Bill No. 5283 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5283 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5283.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5283 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47. Absent: Senator Roach - 1. Excused: Senator West - 1. SUBSTITUTE SENATE BILL NO. 5283, 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 Betti Sheldon, Senate Bill No. 5141 and Senate Bill No. 5290, which were on the consent calendar, were moved to the regular calendar.
MOTION
At 12:06 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:15 p.m.
The Senate was called to order at 1:15 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
September 24, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Teri Murphy, appointed September 24, 1998, for a term ending September 30, 2003, as a member of the Board of Trustees for South Puget Sound Community College District No. 24.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Higher Education.
March 11, 1999
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
John I. McGinnis, Jr., appointed June 11, 1998, for a term ending June 30, 2001, as a member of the Work Force Training and Education Coordinating Board.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Labor and Workforce Development.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 5370, by Senators Patterson, Horn, B. Sheldon, Spanel and Haugen (by request of Department of General Administration)
Raising the limit on agency direct buy authority without competitive bids.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, Senate Bill No. 5370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Snyder, Senator McAuliffe was excused.
MOTION
On motion of Senator Honeyford, Senator Zarelli was excused.
MOTION
On motion of Senator Deccio, Senator Winsley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5370.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5370 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Wojahn - 42.
Absent: Senators Brown, Haugen and Sellar - 3.
Excused: Senators McAuliffe, West, Winsley and Zarelli - 4.
SENATE BILL NO. 5370, 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. 5374, by Senators Heavey and Johnson (by request of Department of Licensing)
Making corrective amendments to certain drivers' licensing laws.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5374 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator Heavey: “Before I begin on what the bill is all about, I have a point of parliamentary inquiry. I believe that the rules require that each bill be read three times and if we advance the bill to third reading and we consider the second reading to be the third, did we really have a second reading?”
REPLY BY THE PRESIDENT
President Owen: “Senator Heavey, you suspended the rules and by the suspension of the rules you have been able to take care of that little problem.”
Senator Heavey: “Thank you for clarifying that, Mr. President.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5374.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5374 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Wojahn - 45.
Absent: Senator Haugen - 1.
Excused: Senators West, Winsley and Zarelli - 3.
SENATE BILL NO. 5374, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Senate Bill No. 5588 and the pending motion by Senator Thibaudeau to substitute the bill, deferred on second reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Finkbeiner on the scope and object of Substitute Senate Bill No. 5588, the President must first state that the original bill is not a model of good legislative drafting, and that the President did have a difficult time discerning the scope and object of the original bill. After considerable deliberation, the President finds that the original bill would make all unfair practices under Chapter 48.30 RCW by health carriers subject to the Consumer Protection Act.
“The substitute measure would also make all unfair practices under Chapter 48.30 subject to the Consumer Protection Act.
“The President, therefore, finds that the substitute bill does not change the scope and object of the bill and the point of order is not well taken.
“Senator Finkbeiner referred to the title of the original bill in his argument. The President would like to remind the body of President Cherberg's words in this regard: 'It is important to note that the Constitution and the rule on scope and object are not concerned with the title of the bill.'”
Substitute Senate Bill No. 5588 was ruled in order.
MOTION
On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5588 was deferred.
MOTION
At 1:30 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 2:39 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 5376, by Senators Costa, McCaslin and Heavey
Making corrections to sentencing laws.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 5376 was substituted for Senate Bill No. 5376 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 5376 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5376.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5376 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 48.
Excused: Senator West - 1.
SUBSTITUTE SENATE BILL NO. 5376, 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. 5399, by Senators Rossi, Kline, Costa and McCaslin
Changing provisions relating to traffic offenses.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5399 was substituted for Senate Bill No. 5399 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5399 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5399.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5399 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 48.
Excused: Senator West - 1.
SUBSTITUTE SENATE BILL NO. 5399, 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. 5445, by Senators Franklin, Winsley, Wojahn, Deccio, Thibaudeau, Kline, Rasmussen, Fairley, Patterson, Prentice, Kohl-Welles, Costa, Eide and Spanel
Allowing the chair of a legislative committee to request review by the department of health of a mandated benefit bill.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5445.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5445 and the bill passed the Senate by the following vote:
Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Absent: Senator McDonald - 1.
Excused: Senator West - 1.
SENATE BILL NO. 5445, 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 Deccio, Senators McDonald and Sellar were excused.
SECOND READING
SENATE BILL NO. 5561, by Senators Thibaudeau, Wojahn, Deccio, Winsley and Kohl-Welles (by request of Department of Social and Health Services)
Protecting vulnerable adults.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5561 was substituted for Senate Bill No. 5561 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5561 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5561.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5561 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Sellar and West - 3.
SUBSTITUTE SENATE BILL NO. 5561, 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. 5634, by Senators Finkbeiner, Zarelli, Hale, Oke, Deccio, Johnson, Hochstatter, Rossi, McDonald, Horn, Swecker and West
Requiring school districts to adopt policies for the retention and promotion of students.
MOTIONS
On motion of Senator Finkbeiner, Substitute Senate Bill No. 5634 was substituted for Senate Bill No. 5634 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Bill No. 5634 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5634.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5634 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Sellar and West - 3.
SUBSTITUTE SENATE BILL NO. 5634, 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. 5643, by Senators Gardner, Horn, McDonald and Oke (by request of Secretary of State Munro)
Revising laws on the state voters' pamphlet.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5643 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5643.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5643 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Sellar and West - 3.
SENATE BILL NO. 5643, 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. 5671, by Senators Kline, Fairley, Johnson and Thibaudeau
Repealing anarchy and sabotage statutes.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5671 was substituted for Senate Bill No. 5671 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5671 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5671.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5671 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Sellar and West - 3.
SUBSTITUTE SENATE BILL NO. 5671, 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. 6003, by Senators Snyder, Winsley, Prentice, Wojahn, T. Sheldon and Rasmussen (by request of Governor Locke)
Reorganizing the liquor control board.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 6003 was substituted for Senate Bill No. 6003 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6003 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6003.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6003 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 33.
Voting nay: Senators Benton, Finkbeiner, Franklin, Heavey, Horn, Johnson, Long, McDonald, Morton, Roach, Rossi, Stevens, Wojahn and Zarelli - 14.
Excused: Senators Sellar and West - 2.
SUBSTITUTE SENATE BILL NO. 6003, 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. 1294, by House Committee on Transportation (originally sponsored by Representatives Fisher and K. Schmidt)
Technically editing chapter 46.20 RCW.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1294 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. 1294.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1294 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Sellar and West - 2.
SUBSTITUTE HOUSE BILL NO. 1294, 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, Senators Loveland and Snyder were excused.
SECOND READING
SENATE BILL NO. 5415, by Senators Patterson, Horn and McAuliffe (by request of Governor Locke)
Eliminating and consolidating boards, commissions, and programs.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5415 was substituted for Senate Bill No. 5415 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5415 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5415.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5415 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.
Voting nay: Senators Johnson and McDonald - 2.
Excused: Senators Loveland, Sellar, Snyder and West - 4.
SUBSTITUTE SENATE BILL NO. 5415, 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. 5881, by Senators Thibaudeau, Oke, Costa and Winsley (by request of Governor Locke and Attorney General Gregoire)
Regulating youth access to tobacco products.
The bill was read the second time.
MOTION
Senator Johnson moved that the following amendment by Senators Johnson and Thibaudeau be adopted:
Beginning on page 7, line 19, strike all of section 8 and insert the following:
"Sec. 8. RCW 70.155.130 and 1993 c 507 s 14 are each amended to read as follows:
This chapter preempts political subdivisions from adopting or enforcing requirements for the licensure and regulation of tobacco product promotions and sales within retail stores, except that political subdivisions that have adopted ordinances ((prohibiting sampling)) regulating tobacco by January 1, 1993, may continue to enforce these ordinances. No political subdivision may: (1) Impose fees or license requirements on retail businesses for possessing or selling cigarettes or tobacco products, other than general business taxes or license fees not primarily levied on tobacco products; or (2) regulate or prohibit activities covered by RCW 70.155.020 through 70.155.080. ((This chapter does not otherwise preempt political subdivisions from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products not inconsistent with chapter 507, Laws of 1993.)) Nothing in this chapter limits the powers of a political subdivision from adopting ordinances regulating the sale, purchase, use, or promotion of tobacco products, not inconsistent with this chapter, occurring outside a retail store. Tobacco advertising and promotions within a retail store that are conspicuous to the view of the public from outside the retail store are considered to be occurring outside the retail store.
"Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Johnson and Thibaudeau on page 7, line 19, to Senate Bill No. 5881.
The motion by Senator Johnson carried and the amendment was adopted.
MOTIONS
On motion of Senator Thibaudeau, the following amendments were considered simultaneously and adopted:
On page 3, line 1, after "(2)" strike "Beginning" and insert "Except as provided in subsection (1) of this section, beginning"
On page 3, line 5, after "exclusively." insert "Further, this section does not apply to sales from within premises where minors are prohibited by statute."
Senator Deccio moved that the following amendment be adopted:
On page 8, after line 2, insert the following:
"Sec. 9. RCW 82.24.110 and 1997 c 420 s 4 are each amended to read as follows:
(1) Each of the following acts is a gross misdemeanor and punishable as such:
(a) To sell, except as a licensed wholesaler engaged in interstate commerce as to the article being taxed herein, without the stamp first being affixed;
(b) To sell in Washington as a wholesaler to a retailer who does not possess and is required to possess a current cigarette retailer's license;
(c) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;
(d) For any person other than the department of revenue or its duly authorized agent to sell any stamps not affixed to any of the articles taxed herein whether such stamps are genuine or counterfeit;
(e) To violate any of the provisions of this chapter;
(f) To violate any lawful rule made and published by the department of revenue or the board;
(g) To use any stamps more than once;
(h) To refuse to allow the department of revenue or its duly authorized agent, on demand, to make full inspection of any place of business where any of the articles herein taxed are sold or otherwise hinder or prevent such inspection;
(i) Except as provided in this chapter, for any retailer to have in possession in any place of business any of the articles herein taxed, unless the same have the proper stamps attached;
(j) For any person to make, use, or present or exhibit to the department of revenue or its duly authorized agent, any invoice for any of the articles herein taxed which bears an untrue date or falsely states the nature or quantity of the goods therein invoiced;
(k) For any wholesaler or retailer or his or her agents or employees to fail to produce on demand of the department of revenue all invoices of all the articles herein taxed or stamps bought by him or her or received in his or her place of business within five years prior to such demand unless he or she can show by satisfactory proof that the nonproduction of the invoices was due to causes beyond his or her control;
(l) For any person to receive in this state any shipment of any of the articles taxed herein, when the same are not stamped, for the purpose of avoiding payment of tax. It is presumed that persons other than dealers who purchase or receive shipments of unstamped cigarettes do so to avoid payment of the tax imposed herein;
(m) For any person to possess or transport in this state a quantity of ((sixty)) thirty thousand cigarettes or less unless the proper stamps required by this chapter have been affixed or unless: (i) Notice of the possession or transportation has been given as required by RCW 82.24.250; (ii) the person transporting the cigarettes has in actual possession invoices or delivery tickets which show the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported; and (iii) the cigarettes are consigned to or purchased by any person in this state who is authorized by this chapter to possess unstamped cigarettes in this state.
(2) It is unlawful for any person knowingly or intentionally to possess or to transport in this state a quantity in excess of ((sixty)) thirty thousand cigarettes unless the proper stamps required by this chapter are affixed thereto or unless: (a) Proper notice as required by RCW 82.24.250 has been given; (b) the person transporting the cigarettes actually possesses invoices or delivery tickets showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, and the quantity and brands of the cigarettes so transported; and (c) the cigarettes are consigned to or purchased by a person in this state who is authorized by this chapter to possess unstamped cigarettes in this state. Violation of this section shall be punished as a class C felony under Title 9A RCW.
(3) All agents, employees, and others who aid, abet, or otherwise participate in any way in the violation of the provisions of this chapter or in any of the offenses described in this chapter shall be guilty and punishable as principals, to the same extent as any wholesaler or retailer or any other person violating this chapter.
Sec. 10. RCW 82.24.130 and 1997 c 420 s 5 are each amended to read as follows:
(1) The following are subject to seizure and forfeiture:
(a) Subject to RCW 82.24.250, any articles taxed in this chapter that are found at any point within this state, which articles are held, owned, or possessed by any person, and that do not have the stamps affixed to the packages or containers.
(b) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in (a) of this subsection, except:
(i) A conveyance used by any person as a common or contract carrier having in actual possession invoices or delivery tickets showing the true name and address of the consignor or seller, the true name of the consignee or purchaser, and the quantity and brands of the cigarettes transported, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(ii) A conveyance subject to forfeiture under this section by reason of any act or omission of which the owner thereof establishes to have been committed or omitted without his or her knowledge or consent;
(iii) A conveyance encumbered by a bona fide security interest if the secured party neither had knowledge of nor consented to the act or omission.
(c) Any vending machine used for the purpose of violating the provisions of this chapter.
(2) Property subject to forfeiture under this chapter may be seized by any agent of the department authorized to collect taxes, any enforcement officer of the board, or law enforcement officer of this state upon process issued by any superior court or district court having jurisdiction over the property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or
(b) The department, the board, or the law enforcement officer has probable cause to believe that the property was used or is intended to be used in violation of this chapter and exigent circumstances exist making procurement of a search warrant impracticable.
(3) Notwithstanding the foregoing provisions of this section, articles taxed in this chapter which are in the possession of a wholesaler or retailer, licensed under Washington state law, for a period of time necessary to affix the stamps after receipt of the articles, shall not be considered contraband.
(4) The director of the department of licensing may suspend for six months the driver's license of a person found to be operating a conveyance transporting property subject to forfeiture under this chapter."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Deccio on page 8, after line 2, to Senate Bill No. 5881.
The motion by Senator Deccio carried and the amendment was adopted.
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 3 of the title, after "70.155.110," strike "and 70.155.130" and insert "70.155.130, 82.24.110, and 82.24.130"
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Senate Bill No. 5881 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5881.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5881 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senator Finkbeiner - 1.
Excused: Senators Loveland, Sellar, Snyder and West - 4.
ENGROSSED SENATE BILL NO. 5881, 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. 5533, by Senators Fairley, Kline, Franklin, Oke and Kohl-Welles (by request of Governor Locke)
Creating a state work force investment board.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5533 was substituted for Senate Bill No. 5533 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that Washington employers are having difficulty finding qualified applicants for jobs, particularly those requiring specialized skills. Many businesses are being forced to curtail expansion in Washington state.
The legislature finds that business surveys indicate that the availability of a skilled work force is the most important factor in business location decisions, particularly for high wage employers. Our state's rural development strategy requires a work force focus. Now more than ever, we need to have an explicit work force development strategy linked with our state economic development efforts.
The legislature also finds that the consequences for failing to upgrade the skills of our workers are enormous. Family incomes are increasingly linked with skills and training and those who cannot access training and education will continue to see declines in their income.
The legislature further finds that in order to succeed we must have a system of lifelong learning that allows workers to upgrade their skills while continuing to work. To achieve that goal we must have a work force development system that is linked directly to jobs, is easily accessible to working families, and can be accessed according to their own schedules. Perhaps more importantly, training and education must be skills-based and certified so that workers can attain certified skills that allow them to move up the job ladder over their lifetime.
The legislature recognizes that programs that prepare individuals for the work force, beginning with secondary vocational education in school and continuing through postsecondary education, apprenticeships, and programs for the disadvantaged, persons with disabilities, and for dislocated workers, must be a coordinated system that enables individuals to obtain skills demanded by employers, and enables individuals to smoothly move back and forth between work force development programs and employment.
To support that challenge a work force development system must focus on customer service and performance accountability. The following principles shall govern the work force development system:
(1) Provide consumers and policymakers ready access to information in order to make informed decisions related to training and employment;
(2) Create a work force development system based on a coherent economic development strategy;
(3) Hold the work force delivery system accountable for improved results in employment, earnings, skills gains, and customer satisfaction;
(4) Provide universal access to persons with disabilities, students, job seekers, and employers in order to hasten the time between job openings and jobs filled;
(5) Develop a strong leadership role for the private sector at the state and local levels;
(6) Establish and maintain state and local flexibility to ensure responsiveness to individuals and communities;
(7) Engage in a systematic effort to integrate the multiple programs and services that comprise the work force development system, including activities implemented through the state-wide one stop delivery system; and
(8) Strengthen the capacity of local communities to strategically guide work force development in their area and to shape local work force development policies.
Sec. 2. RCW 28C.18.010 and 1996 c 99 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
(1) "Board" means the work force ((training and education coordinating)) development board.
(2) "Director" means the director of the work force ((training and education coordinating)) development board.
(3) (("Training system" means programs and courses of secondary vocational education, technical college programs and courses, community college vocational programs and courses, private career school and college programs and courses, employer-sponsored training, adult basic education programs and courses, programs and courses funded by the job training partnership act, programs and courses funded by the federal vocational act, programs and courses funded under the federal adult education act, publicly funded programs and courses for adult literacy education, and apprenticeships, and programs and courses offered by private and public nonprofit organizations that are representative of communities or significant segments of communities and provide job training or adult literacy services.)) "Operating agencies" means those state agencies represented on the work force development board and any others responsible for the governance and management of state and federal work force development programs.
(4) "Work force development system" means public and private programs that use state or federal funds to prepare workers for employment, upgrade worker skills, retrain workers, or provide employment or retention services for workers or employers. "Work force development system" includes, but is not limited to, secondary vocational education, community and technical college vocational education, private career school and college vocational programs, employer-sponsored training, work-related adult basic education and literacy programs, training and work-related activities of the state temporary assistance for needy families program, or successor program, programs funded by Title 1B of the federal work force investment act, activities funded under the federal Wagner-Peyser act, programs funded by the federal vocational education act, work-related programs funded under the adult education and family literacy act, publicly funded programs for work-related adult literacy, education, and apprenticeships, the one-stop system, the state job skills program, timber retraining benefits, the work-related components of the state vocational rehabilitation program and the department of services for the blind, and programs offered by private and public nonprofit organizations that are representative of communities or significant segments of communities and provide job training or work-related adult literacy services.
(5) "Work force skills" means skills developed through applied learning that strengthen and reinforce an individual's academic knowledge, critical thinking, problem solving, and work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence.
(((5))) (6) "Vocational education" means organized educational programs offering a sequence of courses which are directly related to the preparation or retraining of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. ((Such)) These vocational education programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem-solving skills, work attitudes, general employability skills, and the occupational-specific skills necessary for economic independence as a productive and contributing member of society. Such term also includes applied technology education.
(((6))) (7) "Adult basic education" means ((instruction designed to achieve mastery of skills in reading, writing, oral communication, and computation at a level sufficient to allow the individual to function effectively as a parent, worker, and citizen in the United States, commensurate with that individual's actual ability level, and includes English as a second language and preparation and testing service for the general education development exam)) (a) adult education and literacy services, including work force literacy services; (b) family literacy services; and (c) English literacy services as defined in P.L. 105-220, Title II, that enable eligible adults to speak, read, and write in the English language, compute, solve problems, and relate effectively with others in order to exercise the rights and responsibilities of a family member, worker, and community member.
(8) "Local work force development councils" means the same as defined in P.L. 105-220, Sec. 117 and are responsible for performing the duties of that section as well as developing and ensuring the implementation of a local area unified plan for state purposes as defined in this chapter.
Sec. 3. RCW 28C.18.020 and 1991 c 238 s 3 are each amended to read as follows:
(1) There is hereby created the work force ((training and education coordinating)) development board as a state agency ((and as the successor agency to the state board for vocational education. Once the coordinating board has convened, all references to the state board for vocational education in the Revised Code of Washington shall be construed to mean the work force training and education coordinating board, except that reference to the state board for vocational education in RCW 49.04.030 shall mean the state board for community and technical colleges)).
(2)(a) The board shall consist of ((nine)) eighteen voting members appointed by the governor with the consent of the senate, as follows: ((Three)) Five representatives of business, ((three)) five representatives of labor, a representative of private career schools, a representative of community-based organizations, a representative of local elected officials, and, serving as ex officio members, the superintendent of public instruction, the executive director of the state board for community and technical colleges, ((and)) the commissioner of the employment security department, the secretary of the department of social and health services, and the director of the department of community, trade, and economic development. ((The chair of the board shall be a nonvoting member selected by the governor with the consent of the senate, and shall serve at the pleasure of the governor. In selecting the chair, the governor shall seek a person who understands the future economic needs of the state and nation and the role that the state's training system has in meeting those needs.)) Each ((voting)) member of the board may appoint a designee to function in his or her place with the right to vote. Representatives of business and labor must constitute a majority of those casting votes on any given vote. In ((making appointments to)) recruiting members for the board, the governor shall seek to ensure geographic, ethnic, and gender diversity and balance. The governor shall also seek to ensure diversity and balance by ((the appointment of)) recruiting persons with disabilities.
(b) The business representatives shall be selected from among nominations provided by ((a)) state-wide business organizations representing a cross-section of industries and small businesses. One of the business representatives will serve as the chair of the board on a rotating basis with one of the labor representatives. However, the governor may request, and the organization shall provide, an additional list or lists from which the governor shall select the business representatives. ((The nominations and selections)) Recruitment shall reflect the cultural diversity of the state, including women, people with disabilities, and racial and ethnic minorities, and diversity in sizes of businesses.
(c) The labor representatives shall be selected from among nominations provided by state-wide labor organizations. One of the labor representatives will serve as the chair of the board on a rotating basis with one of the business representatives. However, the governor may request, and the organizations shall provide, an additional list or lists from which the governor shall select the labor representatives. ((The nominations and selections)) Recruitment shall reflect the cultural diversity of the state, including women, people with disabilities, and racial and ethnic minorities.
(d) Each business member may cast a proxy vote or votes for any business member who is not present and who authorizes in writing the present member to cast such vote.
(e) Each labor member may cast a proxy vote for any labor member who is not present and who authorizes in writing the present member to cast such vote.
(f) ((The chair shall appoint to the board one nonvoting member to represent racial and ethnic minorities, women, and people with disabilities. The nonvoting member appointed by the chair shall serve for a term of four years with the term expiring on June 30th of the fourth year of the term.
(g))) The business members of the board shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.
(((h))) (g) The labor members of the board shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.
(h) The private career school representative shall be selected from among nominations provided by a state-wide organization representing a cross-section of private career schools. The private career school, community-based organization, and local elected officials representatives shall serve for terms of four years, the terms expiring on June 30th of the fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one appointed to a three-year term.
(i) Any vacancies among board members representing business ((or)), labor, or private career schools shall be filled by the governor with nominations provided by state-wide organizations representing business ((or)), labor, or private career schools, respectively.
(j) The board shall adopt bylaws and shall meet at least bimonthly and at such other times as determined by the chair who shall give reasonable prior notice to the members or at the request of a majority of the ((voting)) members.
(k) Members of the board shall be compensated in accordance with RCW 43.03.040 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(l) ((The board shall be formed and ready to assume its responsibilities under this chapter by October 1, 1991.
(m))) The director of the board shall be appointed by the governor ((from a list of three names submitted by a committee made up of the business and labor members of the board. However, the governor may request, and the committee shall provide, an additional list or lists from which the governor shall select the director. The lists compiled by the committee shall not be subject to public disclosure. The governor may dismiss the director only with the approval of a majority vote of the board. The board, by a majority vote, may dismiss the director with the approval)), shall serve at the pleasure of the governor, and shall be confirmed by the senate.
(((3) The state board for vocational education is hereby abolished and its powers, duties, and functions are hereby transferred to the work force training and education coordinating board. All references to the director or the state board for vocational education in the Revised Code of Washington shall be construed to mean the director or the work force training and education coordinating board.))
Sec. 4. RCW 28C.18.030 and 1996 c 99 s 3 are each amended to read as follows:
The purpose of the board is to ((provide planning, coordination, evaluation, monitoring, and policy analysis for the state training system as a whole, and advice to the governor and legislature concerning the state training system, in cooperation with the state training system and the higher education coordinating board)) develop policies that create an integrated state work force development system that links people to jobs, allows them access to training and education, and provides an opportunity to move up the job ladder over their lifetime. The board shall plan, promote cooperation, measure performance, evaluate, and provide policy analysis for the state work force development system as a whole, and advise the governor and the legislature concerning the state's work force development system in cooperation with the operating agencies of the work force development system.
Sec. 5. RCW 28C.18.040 and 1994 c 154 s 307 are each amended to read as follows:
(1) The director shall serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as may be necessary to implement the purposes of this chapter, and utilize staff of existing operating agencies to the fullest extent possible.
(2) ((The director shall not be the chair of the board.
(3))) Subject to the approval of the board, the director shall appoint necessary deputy and assistant directors and other staff who shall be exempt from the provisions of chapter 41.06 RCW. The director's appointees shall serve at the director's pleasure on such terms and conditions as the director determines but subject to chapter 42.52 RCW.
(((4))) (3) The director shall appoint and employ such other employees as may be required for the proper discharge of the functions of the board.
(((5) The director shall, as permissible under P.L. 101-392, as amended, integrate the staff of the council on vocational education, and contract with the state board for community and technical colleges for assistance for adult basic skills and literacy policy development and planning as required by P.L. 100-297, as amended.))
Sec. 6. RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read as follows:
(1) The board shall be designated as the state work force investment board described in P.L. 105-220, the work force investment act of 1998, and shall perform such functions as necessary to comply with federal directives pertaining to this law. In order to comply with the regulations of P.L. 105-220, the governor may designate the board membership structure of the work force training and education coordinating board as it existed as of December 31, 1997, as the work force investment board specifically to carry out the provisions of P.L. 105-220.
(2) The board shall be designated as the state board of vocational education as provided for in P.L. ((98-524)) 105-332, as amended, and shall perform such functions as is necessary to comply with federal directives pertaining to the provisions of such law. The board shall establish a subcommittee consisting of the superintendent of public instruction, the executive director of the state board for community and technical colleges, one business representative, and one labor representative to study and make recommendations to the board on the use of funds provided under P.L. 105-332.
(((2))) (3) The board shall perform the functions of the human resource investment council as provided for in the federal job training partnership act, P.L. 97-300, as amended.
(((3))) (4) The board shall provide policy advice for any federal act pertaining to work force development that is not required by state or federal law to be provided by another state body.
(((4))) (5) Upon enactment of new federal initiatives relating to work force development, the board shall advise the governor and the legislature on mechanisms for integrating the federal initiatives into the state's work force development system and make recommendations on the legislative or administrative measures necessary to streamline and coordinate state efforts to meet federal guidelines.
(((5))) (6) The board shall ((monitor)) review for consistency with the state ((comprehensive plan for work force training and education the policies and plans established by the state job training coordinating council)) unified plan, the policies and plans established by the advisory council on adult education, and the Washington state plan for adult literacy and basic ((education)) skills, and provide guidance for making such policies and plans consistent with the state ((comprehensive)) unified plan for work force ((training and education)) development system.
(7) The board shall perform the functions of the job training coordinating council until July 1, 2000.
(8) Recommend to the governor the performance accountability system required by P.L. 105-220 or successor legislation.
(9) For the purposes of P.L. 105-332, the superintendent of public instruction shall have operating responsibility for secondary education and the state board for community and technical colleges shall have operating responsibility for postsecondary vocational and technical education.
(10) The board shall include the director of the department of services for the blind to the extent required by P.L. 105-220.
Sec. 7. RCW 28C.18.060 and 1996 c 99 s 4 are each amended to read as follows:
The board, in cooperation with the operating agencies of the state training system and private career schools and colleges shall:
(1) ((Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state's training system.
(2) Advocate for the state training system and for meeting the needs of employers and the work force for work force education and training.
(3) Establish and maintain an inventory of the programs of the state training system, and related state programs, and perform a biennial assessment of the vocational education, training, and adult basic education and literacy needs of the state; identify ongoing and strategic education needs; and assess the extent to which employment, training, vocational and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to meet such needs.
(4) Develop and maintain a state comprehensive plan for work force training and education, including but not limited to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with the state comprehensive plan. In developing the state comprehensive plan for work force training and education, the board shall use, but shall not be limited to: Economic, labor market, and populations trends reports in office of financial management forecasts; joint office of financial management and employment security department labor force, industry employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal employer surveys and other employer input; and the needs of program participants and workers as evidenced in formal surveys and other input from program participants and the labor community.
(5) In consultation with the higher education coordinating board, review and make recommendations to the office of financial management and the legislature on operating and capital facilities budget requests for operating agencies of the state training system for purposes of consistency with the state comprehensive plan for work force training and education.
(6) Provide for coordination among the different operating agencies and components of the state training system at the state level and at the regional level.
(7) Develop a consistent and reliable data base on vocational education enrollments, costs, program activities, and job placements from publicly funded vocational education programs in this state.
(8) Establish standards for data collection and maintenance for the operating agencies of the state training system in a format that is accessible to use by the board. The board shall require a minimum of common core data to be collected by each operating agency of the state training system.
The board shall develop requirements for minimum common core data in consultation with the office of financial management and the operating agencies of the training system.
(9) Establish minimum standards for program evaluation for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments and procedures for measuring perceptions of program participants and employers of program participants, and monitor such program evaluation.
(10) Every two years administer scientifically based outcome evaluations of the state training system, including, but not limited to, surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system.
(11) In cooperation with the employment security department, provide for the improvement and maintenance of quality and utility in occupational information and forecasts for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of state-based occupational change factors involving input by employers and employees, and delineation of skill and training requirements by education level associated with current and forecasted occupations.
(12) Provide for the development of common course description formats, common reporting requirements, and common definitions for operating agencies of the training system.
(13) Provide for effectiveness and efficiency reviews of the state training system.
(14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between institutions of the state training system, and encourage articulation agreements for programs encompassing two years of secondary work force education and two years of postsecondary work force education.
(15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements between private training institutions and institutions of the state training system.
(16) Participate in the development of coordination criteria for activities under the job training partnership act with related programs and services provided by state and local education and training agencies.
(17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education. Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational and academic education.
(18) Establish and administer programs for marketing and outreach to businesses and potential program participants.
(19) Facilitate the location of support services, including but not limited to, child care, financial aid, career counseling, and job placement services, for students and trainees at institutions in the state training system, and advocate for support services for trainees and students in the state training system.
(20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance, rotation of private and public personnel, and vocational counseling.
(21) Facilitate programs for school-to-work transition that combine classroom education and on-the-job training in industries and occupations without a significant number of apprenticeship programs.
(22) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their percentage of the state population in the geographic area served. This function of the board shall in no way lessen more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with disabilities.
(23) Participate in the planning and policy development of governor set-aside grants under P.L. 97-300, as amended.
(24) Administer veterans' programs, licensure of private vocational schools, the job skills program, and the Washington award for vocational excellence.
(25) Allocate funding from the state job training trust fund.
(26) Work with the director of community, trade, and economic development to ensure coordination between work force training priorities and that department's economic development efforts.
(27) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section.)) Advocate for the state work force development system and for meeting the needs of employers and the work force for the work force development system.
(2) Establish and maintain an inventory of the programs of the state work force development system and ensure that information is provided to consumers and policymakers at the state and local level in order to enable them to make informed choices.
(3) Assess employer and worker needs for work force training and the gap between their needs and the public and private supply of work force training. The assessments of employer and worker needs shall include state-wide surveys of employers and workers. The survey sample must be statistically representative of the state's employer and employee population.
(4) Analyze the future employment needs of employers and develop strategies to ensure that Washington residents are prepared to meet those needs. The board shall work with industry, labor, and business associations, the operating agencies, and the department of community, trade, and economic development, and local work force investment councils, to develop demand driven and targeted industry strategies to build a world class work force.
(5) Develop and maintain a state unified plan for the work force development system. The unified plan shall include:
(a) Assessments of the state's employment opportunities and skill needs, the skills of the current and future work force, and the current work force development system;
(b) Goals, objectives, and strategies for improving the work force development system as a whole. This shall include goals, objectives, and strategies for providing system services to low-income individuals including recipients of temporary assistance for needy families. It shall also include wage progression goals for recipients of temporary assistance for needy families developed in conjunction with the department of social and health services as required by RCW 74.08A.410; and
(c) A description of the performance measurement system for work force development.
(6) Work in collaboration with local work force development councils to develop the state unified plan. Local work force development councils shall provide input to the board in the development of the state unified plan which articulate their local strategy and needs.
(7) Work in partnership with the work related components of the community service employment under Title V of the older Americans act; training activities carried out through contracts with the United States department of housing and urban development; and community services block grants authorized under the national community service act, to integrate these programs into the unified planning. The governor may approve inclusion of these programs into the work force development system.
(8) Review and make recommendations to the governor and the legislature concerning the program plans of the operating agencies of the state work force development system regarding consistency with the unified plan.
(9) Recommend to the governor and the legislature strategies to assure coordination and avoid duplication among the programs of the work force development system.
(10) Design and implement a performance measurement system for work force development in cooperation with the operating agencies, including:
(a) Minimum standards for performance measurement for the state work force development system including, but not limited to, the use of common survey instruments and common performance indicators;
(b) Standards for data collection and maintenance for the operating agencies of the state work force development system. The board shall require a minimum of common core data to be collected by each operating agency of the state work force development system;
(c) Evaluations of the state work force development system including, but not limited to, outcome, net impact, and cost benefit evaluations and surveys of program participants, surveys of employers of program participants, and matches with employment security department payroll and wage files;
(d) Standards for measuring the performance of local training providers to enable consumers to make informed choices and gain access to services they need;
(e) Recommendations to the governor and the legislature regarding expected performance levels and incentives and sanctions for performance outcomes for local work force development areas and state work force development programs. The board shall assist the governor in making decisions regarding the certification and decertification of local work force development councils;
(f) The establishment of an incentive fund for work force development, using federal funding for work force development programs, and allocating dollars from the incentive fund to reward local work force development councils and programs that produce exemplary results. The operating agencies shall:
(i) Reward exceptional programs;
(ii) Take corrective actions when programs fail to meet minimum performance standards established by the board under this section; and
(iii) Report to the board annually beginning December 31, 2001, on corrective action taken and rewards granted.
Beginning July 1, 2002, the board shall report to the governor and the legislature on operating agencies' actions to reward exceptional programs and to correct and improve programs that fail to meet performance standards established by the board;
(g) Information, provided to the governor and the legislature, on the outcomes of work force development programs. Such information shall include the following information on individuals who have participated in the programs: Participant competencies, employment, wages and earnings, receipt of public assistance, customer satisfaction, and the public cost per benefit received; and
(h) When designing and implementing the performance measurement system under this subsection, the unique circumstances of the K-12 system shall be taken into consideration.
(11) Review the plans of local work force development councils for consistency with the state unified plan and recommend to the governor whether local plans should be approved. The board shall provide technical assistance to local work force development councils as necessary. This shall include working with state operating agencies to identify resources which can be made available to assist in the development of the local unified plans.
(12) Work with local work force development councils and state operating agencies to implement a one stop delivery system that is seamless and consumer-based.
(13) For the purposes of enabling individuals to make smooth transitions into the work force and back and forth between work force development programs and employment, make recommendations regarding generic workplace skills that individuals need in order to meet employer expectations. The work force development board shall, in cooperation with the operating agencies, identify assessments of generic workplace skills and a certificate of workplace competency for individuals who have mastered such skills. Operating agencies, with programs that prepare people for entry-level employment, shall offer training leading to the receipt of the certificate. The certificate shall be recognized by operating agencies and among work force development programs to avoid redundancy in training.
(14) Administer veterans' programs, licensure of private vocational schools, and the Washington award for vocational excellence.
(15) Work with the director of community, trade, and economic development to ensure coordination between work force training priorities and that department's economic development efforts.
(16) Work in collaboration with local work force development councils, small business organizations, and economic development councils to create a coordinated and responsive system of outreach to small business.
(17) Consult with programs, and the customers of programs in the work force development system, in performing the board's duties.
(18) Complete the initial unified plan, program inventory, needs assessments, outcome evaluations, recommendations on strategies to assure coordination and avoid duplication, and the design of the performance measurement system by July 1, 2000. The board shall update the unified plan at least once every five years with more frequent updates as necessary to respond to changes in employer and worker needs, program performance, state and federal policy, and other changes affecting the work force development system.
(19) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section.
Sec. 8. RCW 74.08A.280 and 1997 c 58 s 315 are each amended to read as follows:
(1) The legislature finds that moving those eligible for assistance to self-sustaining employment is a goal of the WorkFirst program. It is the intent of WorkFirst to aid a participant's progress to self-sufficiency by allowing flexibility within the state-wide program to reflect community resources, the local characteristics of the labor market, and the composition of the caseload. Program success will be enhanced through effective coordination at regional and local levels, involving employers, labor representatives, educators, community leaders, local governments, and social service providers.
(2) The department, through its regional offices, shall collaborate with employers, recipients, frontline workers, educational institutions, labor, ((private industry councils)) local work force development councils, the work force ((training and education coordinating)) development board, community rehabilitation employment programs, employment and training agencies, local governments, the employment security department, and community action agencies to develop work programs that are effective and work in their communities. This collaboration by the department shall include placement of WorkFirst recipients in training and skill development programs leading to the portable certificate of workplace competency as identified by the work force development board. For planning purposes, the department shall collect and make accessible to regional offices successful work program models from around the United States, including the employment partnership program, apprenticeship programs, microcredit, microenterprise, self-employment, and W-2 Wisconsin works. Work programs shall incorporate local volunteer citizens in their planning and implementation phases to ensure community relevance and success.
(3) To reduce administrative costs and to ensure equal state-wide access to services, the department may develop contracts for state-wide welfare-to-work services. These state-wide contracts shall support regional flexibility and ensure that resources follow local labor market opportunities and recipients' needs.
(4) The secretary shall establish WorkFirst service areas for purposes of planning WorkFirst programs and for distributing WorkFirst resources. Service areas shall reflect department regions.
(5) By July 31st of each odd-numbered year, a plan for the WorkFirst program shall be developed for each region. The plan shall be prepared in consultation with local and regional sources, adapting the state-wide WorkFirst program to achieve maximum effect for the participants and the communities within which they reside. Local consultation shall include to the greatest extent possible input from local and regional planning bodies for social services and work force development. The regional and local administrator shall consult with employers of various sizes, labor representatives, training and education providers, program participants, economic development organizations, community organizations, tribes, and local governments in the preparation of the service area plan.
(6) The secretary has final authority in plan approval or modification. Regional program implementation may deviate from the state-wide program if specified in a service area plan, as approved by the secretary.
Sec. 9. RCW 74.08A.410 and 1997 c 58 s 702 are each amended to read as follows:
(1) The WorkFirst program shall develop outcome measures for use in evaluating the WorkFirst program authorized in chapter 58, Laws of 1997, which ((may)) shall include but are not limited to:
(a) Caseload reduction;
(b) Recidivism to caseload after two years;
(c) Job retention;
(d) Earnings;
(e) Reduction in average grant through increased recipient earnings; ((and))
(f) Placement of recipients into private sector, unsubsidized jobs; and
(g) Wage progression history following former temporary assistance for needy families participants for at least two years.
(2) The department shall establish, in conjunction with the work force development board, measurable wage goals for participants transitioning from WorkFirst to unsubsidized employment.
(3) The department shall require that contractors for WorkFirst services collect outcome measure information and report outcome measures to the department regularly. The department shall develop benchmarks that compare outcome measure information from all contractors to provide a clear indication of the most effective contractors. Benchmark information shall be published quarterly and provided to the legislature, the governor, and all contractors for WorkFirst services.
NEW SECTION. Sec. 10. A new section is added to chapter 28C.18 RCW to read as follows:
There are hereby created local work force development councils to serve functions including, but not limited to, those specified for local work force development councils under P.L. 105-220. The governor, in partnership with the state board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local councils. Local work force development councils shall:
(1) In partnership with local elected officials, develop and maintain a local unified plan for the work force development system including but not limited to the local plan required by P.L. 105-220 Title I. The unified plan shall include assessments of local employment opportunities and skills needs, the current and future work force, and the current work force development system; and include goals, objectives, and strategies for the local work force development system. The unified plan shall also:
(a) Identify the work force development moneys available in the area, their allocations, and the results of the work force development programs in the area;
(b) Assess the gap between the supply of resources and the skill needs of the area; and
(c) Include the local work force development council's proposed spending plan for carrying out the local unified plan, and include the planned budget expenditures of work force development programs in the area. Local program administrators shall use the local unified plan to guide the development and implementation of their local program plan.
Local work force development councils shall submit their unified plans to the governor for approval and the plan should be consistent with the state unified plan.
(2) Conduct oversight over the local one stop system under P.L. 105-220 Title 1(b).
(3) Coordinate work force development activities at the local level and ensure a linkage with local economic development strategies.
(4) Provide for a coordinated and responsive system of outreach to employers to include the establishment of public and private partnerships of local brokers to connect small businesses to work force training programs and resources. Brokers may include, but not be limited to, industry and trade associations, chambers of commerce, central labor councils, other labor organizations, and other organizations with strong linkages to employers. Broker services may include communicating small business needs to training providers, pooling the specific training needs of several small employers to create cost-effective demand, and supporting the growth of apprenticeship programs.
(5) Identify eligible providers of training services.
(6) Assess the planning process to identify quality improvements.
(7) Execute a master partnership agreement with local elected officials that establishes the working relationships and specifies responsibilities of each body in the partnership.
Sec. 11. RCW 43.330.080 and 1997 c 60 s 1 are each amended to read as follows:
(1) The department shall contract with associate development organizations or other local organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The organizations contracted with in each community or regional area shall be broadly representative of community and economic interests. The organization shall be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives. The contracting organization shall work with and include local governments, local chambers of commerce, ((private industry)) local work force development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups. The department shall be responsible for determining the scope of services delivered under these contracts.
(2) Associate development organizations or other local development organizations contracted with shall promote and coordinate, through local service agreements with local governments, small business development centers, port districts, community and technical colleges, private industry councils, and other development organizations, for the efficient delivery of community and economic development services in their areas.
(3) The department shall ((consult with associate development organizations, port districts, local governments, and other local development organizations in the establishment of)) establish local service delivery regions throughout the state that match the regions established for local work force development councils. The legislature encourages local associate development organizations to form partnerships with other associate development organizations in their region to combine resources for better access to available services, to encourage regional delivery of state services, and to build the local capacity of communities in the region more effectively.
(4) The department shall contract on a regional basis for surveys of key sectors of the regional economy and the coordination of technical assistance to businesses and employees within the key sectors. The department's selection of contracting organizations or consortiums shall be based on the sufficiency of the organization's or consortium's proposal to examine key sectors of the local economy within its region adequately and its ability to coordinate the delivery of services required by businesses within the targeted sectors. Organizations contracting with the department shall work closely with the department to examine the local economy and to develop strategies to focus on developing key sectors that show potential for long-term sustainable growth. The contracting organization shall survey businesses and employees in targeted sectors on a periodic basis to gather information on the sector's business needs, expansion plans, relocation decisions, training needs, potential layoffs, financing needs, availability of financing, and other appropriate information about economic trends and specific employer and employee needs in the region.
(5) ((The contracting)) Any associate development organization or other local organization contracting with the department under this section shall participate with the work force ((training and education coordinating)) development board and local work force development councils, as created in chapter 28C.18 RCW, ((and any regional entities designated by that board,)) in providing for the coordination of job skills training within ((its region)) local areas. Such participation shall include assistance in the development of a coordinated and responsive system of outreach to employers and technical assistance to brokers as provided in section 10 of this act.
Sec. 12. RCW 50.38.050 and 1993 c 62 s 5 are each amended to read as follows:
The department shall have the following duties:
(1) Oversight and management of a state-wide comprehensive labor market and occupational supply and demand information system, including development of a five-year employment forecast for state and labor market areas;
(2) Produce local labor market information packages for the state's counties, including special studies and job impact analyses in support of state and local employment, training, education, and job creation programs, especially activities that prevent job loss, reduce unemployment, and create jobs;
(3) Coordinate with the office of financial management and the office of the forecast council to improve employment estimates by enhancing data on corporate officers, improving business establishment listings, expanding sample for employment estimates, and developing business entry/exit analysis relevant to the generation of occupational and economic forecasts; ((and))
(4) In cooperation with the office of financial management, produce long-term industry and occupational employment forecasts. These forecasts shall be consistent with the official economic and revenue forecast council biennial economic and revenue forecasts; and
(5) Provide labor market information needed for the state work force development board to fulfill its duties under RCW 28C.04.060.
Sec. 13. RCW 50.67.010 and 1991 c 238 s 14 are each amended to read as follows:
(1) ((There is hereby created the Washington state job training coordinating council for so long as a state council is required by federal law or regulation as a condition for receipt of federal funds. The council shall perform all duties of state job training coordinating council as specified in the federal job training partnership act, P.L. 97-300, as amended, including the preparation of a coordination and special services plan for a two-year period, consistent with the state comprehensive plan for work force training and education prepared by the work force training and education coordinating board as provided for in RCW 28C.18.060.
(2) The work force training and education coordinating board shall monitor the need for the council as described in subsection (1) of this section, and, if that need no longer exists, propose legislation to terminate the council.)) The duties of the job training coordinating council described in section 122 of P.L. 97-300 shall be performed by the work force development board until July 1, 2000.
(2) This section expires July 1, 2000.
NEW SECTION. Sec. 14. The department is responsible to prepare the following elements for the program plan required by the work force investment act of 1998 (P.L. 105-220) which include:
(1) Detailed plans required under section 8 of the Wagner-Peyser act (29 U.S.C. 49g);
(2) Assurances that the state will provide, in accordance with section 184 of the work force investment act, for fiscal control and fund accounting procedures that are necessary to ensure the proper disbursement of, and accounting for, funds paid to the state through the allotments made under sections 127 and 132 of the work force investment act;
(3)(a) A description of the methods and factors the state will use in distributing funds to local areas for youth activities and adult employment and training activities under sections 128(b)(3)(B) and 133(b)(3)(B) of the work force investment act, including:
(i) A description of how the individuals and entities represented on the work force development board were involved in determining such methods and factors of distribution; and
(ii) A description of how that state consulted with chief elected officials in local areas throughout the state in determining such distribution; and
(b) Assurances that the funds will be distributed equitably throughout the state, and that no local areas will suffer significant shifts in funding from year to year; and
(c) A description of the formula prescribed by the governor pursuant to section 133(b)(2)(B) of the work force investment act for the allocation of funds to local areas for dislocated worker employment and training activities;
(4) With respect to the one stop delivery systems described in section 134(c) of the work force investment act, a description of the operational strategy of the state for assisting local areas in development and implementation of fully operational one stop delivery systems in the state;
(5) A description of the competitive process to be used by the state to award grants and contracts in the state for activities carried out under the work force investment act;
(6) With respect to the employment and training activities authorized in section 134 of the work force investment act:
(a) The employment and training activities that will be carried out with the funds received by the state through the allotment made under section 132 of the work force investment act;
(b) How the state will provide rapid response activities to dislocated workers from funds reserved under section 133(a)(2) of the work force investment act for such purposes, including the designation of an identifiable state rapid response dislocated worker unit to carry out state-wide rapid response activities; and
(c) With other state operating agencies, how the state will serve the employment and training needs of dislocated workers, including displaced homemakers; low-income individuals, including recipients of public assistance; individuals training for nontraditional employment; and other individuals with multiple barriers to employment, including older individuals and individuals with disabilities;
(7) With respect to youth activities authorized in section 129 of the work force investment act, information:
(a) Describing the state strategy for providing comprehensive services to eligible youth, particularly those eligible youth who are recognized as having significant barriers to employment;
(b) Describing how that state will coordinate the youth activities carried out in the state under section 129 of the work force investment act with the services provided by job corps centers in the state, where such centers exist; and
(c) Describing how the state will coordinate youth activities described in subparagraph (C) of the work force investment act with activities carried out through the youth opportunity grants under section 169 of the work force investment act; and
(8) With respect to all program activities of the department, a description of how department resources are allocated to support the implementation of unified planning by the work force development board and the implementation of local unified plans.
NEW SECTION. Sec. 15. The department shall receive federal funds authorized under the work force investment act of 1998 (P.L. 105-220) Title 1B and recommend to the governor the allocation of the funds to support this chapter, chapter 28C.18 RCW, and the work force investment act.
Sec. 16. RCW 50.13.060 and 1997 c 409 s 605 and 1997 c 58 s 1004 are each reenacted and amended to read as follows:
(1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:
(a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and
(b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and
(c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
(2) The requirements of subsections (1) and (9) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.
(3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.
(4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws or to the release of employing unit names, addresses, number of employees, and aggregate employer wage data for the purpose of state governmental agencies preparing small business economic impact statements under chapter 19.85 RCW or preparing cost-benefit analyses under RCW 34.05.328(1)(c). Information provided by the department and held to be private and confidential under state or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or releases such information to unauthorized parties is subject to the sanctions in RCW 50.13.080.
(5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied.
(6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.
(7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.
(8) The department may provide information for purposes of statistical analysis and evaluation of the WorkFirst program or any successor state welfare program, the department of social and health services, the office of financial management, and other governmental entities with oversight or evaluation responsibilities for the program ((shall have access to employer wage information on clients in the program whose names and social security numbers are provided to the department)) in accordance with RCW 43.20A.080. The confidential information provided by the department shall remain the property of the department and may be used by the authorized requesting agencies only for statistical analysis, research, and evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. The department of social and health services ((is)), the office of financial management, or other governmental entities with oversight or evaluation responsibilities for the program are not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section and applicable federal laws and regulations must be satisfied. The confidential information used for evaluation and analysis of welfare reform supplied to the authorized requesting entities with regard to the WorkFirst program or any successor state welfare program are exempt from public inspection and copying under RCW 42.17.310.
(9) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.
(10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.
(11) To promote the reemployment of job seekers, the commissioner may enter into data-sharing contracts with partners of the one-stop career development system. The contracts shall provide for the exchange of data only to the extent that the exchange is necessary for the efficient provisions of work force programs, including but not limited to public labor exchange, unemployment insurance, worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services. The exchange of information under contracts with one-stop partners is exempt from subsections (1), (5), and (6) of this section.
(12) To facilitate improved operation and evaluation of state programs, the commissioner may enter into data-sharing contracts with other state agencies only to the extent that such exchange is necessary for the efficient operation or evaluation of outcomes for those programs. The exchange of information by contract under this subsection is exempt from subsection (1)(c) of this section.
(13) The misuse or unauthorized release of records or information by any person or organization to which access is permitted by this chapter subjects the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
Sec. 17. RCW 42.17.310 and 1998 c 69 s 1 are each amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(nn) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(oo) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(pp) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(qq) Individually identifiable information received by the work force development board for research or evaluation purposes.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 18. RCW 43.20A.080 and 1997 c 58 s 1005 are each amended to read as follows:
(1) The department shall provide the employment security department quarterly with the names ((and)), social security numbers, and program information of all clients in the WorkFirst program and any successor state welfare program needed to assess and improve the quality of the employment outcomes.
(2) The information provided by the employment security department under RCW 50.13.060 for statistical analysis and welfare program evaluation purposes may be used only for statistical analysis, research, and evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. ((Through individual matches with accessed employment security department confidential employer wage files, only aggregate, statistical, group level data shall be reported. Data sharing by the employment security department may be extended to include the office of financial management and other such governmental entities with oversight responsibility for this program.))
(3) The department and other agencies of state government shall protect the privacy of confidential personal data supplied under RCW 50.13.060 consistent with federal law, chapter 50.13 RCW, and the terms and conditions of a formal data-sharing agreement between the employment security department and agencies of state government, however the misuse or unauthorized use of confidential data supplied by the employment security department is subject to the penalties in RCW 50.13.080.
NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:
(1) RCW 28C.18.070 (Intent--"Program" clarified) and 1995 c 130 s 1;
(2) RCW 28C.18.080 (Comprehensive plan--Contents--Updates--Agency operating plans--Reports to the legislature) and 1997 c 369 s 5 & 1995 c 130 s 2;
(3) RCW 28C.18.090 (Additional board duties--Program evaluation by operating agencies) and 1995 c 130 s 4;
(4) RCW 28C.18.100 (Assessments by board--Biennial report to legislature and governor) and 1995 c 130 s 5;
(5) RCW 28C.18.110 (Identification of policies and methods to promote efficiency and sharing of resources--Report to governor and legislature) and 1995 c 130 s 6;
(6) RCW 50.67.020 (Membership of council--Assistance to work force training and education coordinating board) and 1991 c 238 s 15; and
(7) RCW 50.67.030 (Washington youthbuild program--Council to advise) and 1994 sp.s. c 3 s 8.
NEW SECTION. Sec. 20. Sections 14 and 15 of this act constitute a new chapter in Title 50 RCW.
NEW SECTION. Sec. 21. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 22. 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. 23. 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."
MOTIONS
On motion of Senator Fairley, the following title amendment was adopted:
On page 1, line 1 of the title, after "learning;" strike the remainder of the title and insert "amending RCW 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, 28C.18.060, 74.08A.280, 74.08A.410, 43.330.080, 50.38.050, 50.67.010, 42.17.310, and 43.20A.080; reenacting and amending RCW 50.13.060; adding a new section to chapter 28C.18 RCW; adding a new chapter to Title 50 RCW; creating new sections; repealing RCW 28C.18.070, 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110, 50.67.020, and 50.67.030; prescribing penalties; providing an expiration date; and declaring an emergency."
On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 5533 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Fairley, you said that NFIB was for it, but I notice in the bill report, it is noted that they have concerns. Can you share with me, maybe, what some of those concerns were and whether or not they were addressed in the substitute bill?”
Senator Fairley: “Thank you for asking, Senator Benton. Yes, indeed, they did have concerns because they were not on the new board and they were not part of the surveys of businesses to ask what they needed. But, the substitute bill and the engrossed substitute bill we have now fully answers their needs and they are all completely for the bill. They are now a member of the board and they are included in all surveys of businesses as to their needs.”
Senator Benton: “Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5533.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5533 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Hochstatter, Johnson, McDonald, Morton, Stevens, Swecker and Zarelli - 8.
Excused: Senators Loveland, Sellar and West - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5533, 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.
MOTIONS
On motion of Senator Snyder, the Senate advanced to the ninth order of business.
On motion of Senator Snyder, the Committee on Judiciary was relieved of further consideration of Engrossed House Bill No. 1749.
MOTION
On motion of Senator Snyder, Engrossed House Bill No. 1749 was referred to the Committee on Human Services and Corrections.
MOTION FOR RECONSIDERATION
Having served prior notice on March 10, 1999, Senator McDonald moved that the Senate now reconsider the vote by which Senate Bill No. 5232 failed to pass the Senate.
The President declared the question before the Senate to be the motion by Senator McDonald that the Senate reconsider the vote by which Senate Bill No. 5232 failed to pass the Senate.
The motion by Senator McDonald carried and the Senate will reconsider the vote by which Senate Bill No. 5232 failed to pass the Senate.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5232 was deferred and the bill was held on the third reading calendar.
MOTION
At 4:10 p.m., on motion of Senator Snyder, the Senate was declared to be at ease.
The Senate was called to order at 5:45 p.m. by President Pro Tempore Wojahn.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5684, by Senators Thibaudeau, McDonald, Oke and Winsley (by request of Department of Revenue)
Simplifying tax reporting by revising the active nonreporting threshold so that it parallels the small business credit.
The bill was read the second time.
MOTION
On motion of Senator Goings, the rules were suspended, Senate Bill No. 5684 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator McCaslin, Senator Morton was excused.
MOTION
On motion of Senator Honeyford, Senators Finkbeiner, Horn, Long, McDonald, Rossi and Winsley were excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5684.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5684 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kohl-Welles, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Wojahn and Zarelli - 39.
Absent: Senator Kline - 1.
Excused: Senators Finkbeiner, Horn, Long, McDonald, Morton, Rossi, Sellar, West and Winsley - 9.
SENATE BILL NO. 5684, 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. 5728, by Senators Winsley, Haugen, McCaslin and Hale
Determining the validity of a proposed bond issuance.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5728 was substituted for Senate Bill No. 5728 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5728 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Heavey: “Senator Winsley, does the bill state that the decision of the Superior Court is final and non-appealable?”
Senator Winsley: “Yes.”
Senator Heavey: “Thank you.”
MOTION
On motion of Senator Goings, Senators Fairley and Kline were excused.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5728.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5728 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.
Voting nay: Senator Heavey - 1.
Excused: Senators Fairley, Finkbeiner, Kline, McDonald, Morton, Rossi and West - 7.
SUBSTITUTE SENATE BILL NO. 5728, 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. 5421, by Senators Hargrove, Long, Franklin, Costa, Patterson, Winsley and McAuliffe (by request of Governor Locke)
Enhancing supervision of offenders.
MOTIONS
On motion of Senator Hargrove, Second Substitute Senate Bill No. 5421 was substituted for Senate Bill No. 5421 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove, Long and Loveland was adopted:On page 17, beginning on line 1, after "up to" strike "((two years)) one year" and insert "two years"
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5421 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 Second Substitute Senate Bill No. 5421.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5421 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Fairley, McDonald, Morton and West - 4.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5421, 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. 5670, by Senators Snyder and Rasmussen
Creating criteria for the issuance of water quality permits for the treatment of noxious weeds.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5670 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5670.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5670 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Morton and West - 3.
SENATE BILL NO. 5670, 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.
Vice President Pro Tempore Bauer assumed the Chair.
SECOND READING
SENATE BILL NO. 5547, by Senators McAuliffe, Finkbeiner, Eide, Prentice, Winsley, Patterson, Thibaudeau, Oke, Kline and Rasmussen
Providing medical assistance in public schools.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5547 was substituted for Senate Bill No. 5547 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5547 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5547.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5547 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Franklin - 1.
Excused: Senators McDonald, Morton and West - 3.
SUBSTITUTE SENATE BILL NO. 5547, 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. 5587, by Senators Wojahn, Snyder, Thibaudeau, Fairley, Costa, Winsley, Prentice, McAuliffe, Kohl-Welles, Brown, Shin, Rasmussen and Franklin
Adopting a patient bill of rights.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5587 was substituted for Senate Bill No. 5587 and the substitute bill was placed on second reading and read the second time.
Senator Winsley moved that the following amendment by Senators Winsley and Thibaudeau be adopted:
On page 2, line 1, after "PRIVACY." Strike all material through "organizations." on line 18, and insert "(1) Each health carrier must develop and implement policies and procedures governing the collection, use, and disclosure of health information. These policies and procedures must include methods for enrollees to access information and amend incorrect information, for enrollees to restrict the disclosure of sensitive information, and for enrollees to obtain information about the carrier's health information policies. In addition, these policies and procedures must include methods for carrier oversight and enforcement of information policies, for carrier storage and disposal of health information, and for carrier conformance to state and federal laws governing the collection, use, and disclosure of personally identifiable health information. Each carrier must provide a summary notice of its health information policies to enrollees, including the enrollee's right to restrict the collection, use, and disclosure of health information.
(2) Except as otherwise required by statute or rule, a health carrier is, and all persons acting at the direction of or on behalf of a carrier or in receipt of an enrollee's personally identifiable health information are, prohibited from collecting, using, or disclosing personally identifiable health information unless authorized in writing by the person who is the subject of the information. At a minimum, such authorization must be valid for a limited time and purpose; be specific as to purpose and types of information to be collected, used, or disclosed; and identify the persons who will be receiving the information.
(3) The commissioner shall adopt rules to implement this section and shall take into consideration health information privacy standards recommended by the national association of insurance commissioners and other related professional organizations.
(4) Nothing in this section shall be construed to prevent the creation, use, or release of anonymized data for which there is no reasonable basis to believe that the information could be used to identify an individual."
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Winsley and Thibaudeau on page 2, line 1, to Substitute Senate Bill No. 5587.
The motion by Senator Winsley carried and the amendment was adopted.
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove and Thibaudeau be adopted:
On page 6, line 24, after "(b)" insert the following:
"Establish and use a rotational registry system for the assignment of a certified independent review organization to each appeal;
(c)"
Renumber the subsections consecutively and correct any internal references accordingly.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Thibaudeau on page 6, line 24, to Substitute Senate Bill No. 5587.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTION
Senator Benton moved that the following amendment by Senators Benton and Roach be adopted:
On page 7, line 29, after "determinations" insert", including a requirement that the person making review determinations be licensed under the same chapter as the provider being reviewed"
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Benton and Roach on page 7, line 29, to Substitute Senate Bill No. 5587.
The motion by Senator Benton failed and the amendment was not adopted.
MOTIONS
On motion of Senator Thibaudeau, the following amendment was adopted:
On page 9, after line 14, insert the following:
"NEW SECTION. Sec. 7. This act shall apply to all health plans issued or renewed after December 31, 1999."
Renumber the sections consecutively and correct any internal references accordingly.
Senator Benton moved that the following amendment by Senators Benton and Roach be adopted:
On page 9, after line 14, insert the following:
"NEW SECTION. Sec. 7. Each health plan offered by a carrier must provide a point-of-service option that allows an enrollee to choose to receive services from a nonparticipating health care provider or facility. Enrollees must pay the full additional cost for choosing this option. Nothing in this section shall prevent a health care carrier from utilizing other managed care or cost containment techniques and processes."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Benton and Roach on page 9, after line 14, to Substitute Senate Bill No. 5587.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
Senator Benton moved that the following amendments by Senators Benton and Roach be considered simultaneously and be adopted:
On page 9, after line 14, insert the following:
"NEW SECTION. Sec. 7. (1) For purposes of this section, chiropractic health care services includes all services included in the chiropractic scope of practice under chapter 18.25 RCW.
(2) Health care carriers shall ensure that enrolled patients have direct access to timely and appropriate covered chiropractic services from the participating chiropractor of their choice in accordance with subsection (3) of this section.
(3)(a) Health care carrier policies, plans, and programs written, amended, or renewed after January 1, 2000, shall provide enrolled patients with direct access to the participating chiropractor of their choice for covered chiropractic health care services without the necessity of prior referral from another type of health care practitioner.
(b) Nothing in this section shall prevent health care carriers from restricting patients to seeing only health care practitioners who have signed participating provider agreements with the health carrier or from utilizing other managed care and cost containment techniques and processes."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 9, line 19, after "through" strike "6" and insert "7"
POINT OF ORDER
Senator Thibaudeau: “A point of order, Mr. President. I submit that the amendments proposed by Senators Benton and Roach change the scope and object of Substitute Senate Bill No. 5587 and therefore violates Senate Rule 66. These amendments speak to a particular profession and the access by patients to their care. The amendments were considered in the Health Care Committee and did not pass out. The patient bill of rights speaks to four things: the disclosure of plans--the Health Care Plan; the independent review of those decisions from the health care carriers; the disclosure that is required by the health care plans; and the privacy required of health care plans and information. None of this relates to any particular profession and I urge you to find this beyond scope and object.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5587 was deferred.
SECOND READING
SENATE BILL NO. 5812, by Senators Thibaudeau, Deccio, Wojahn, Winsley, Gardner, Prentice and Costa
Requiring prompt payment of health care claims.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5812 was substituted for Senate Bill No. 5812 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5812 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 Thibaudeau, I am really sorry to have to ask you this, but I just noticed this in the bill. I had an amendment, which would have clarified it for me, but it does not apply to Labor and Industries, the Health Care Authority, Public Employees' Benefit Board, the Medical Assistance Administration of the Department of Social and Health Services or any self-insured health plan. It seems to me that we are carving everyone out of the bill except those folks who are pretty much statewide and I'm sure the general public. I wish I would have had time to come and ask you this without having to do it on the floor, but I just must pose that question. Thank you.”
Senator Thibaudeau: “Senator Deccio, was your question that you had added this amendment in committee or was it not added? I am not sure of your question.”
Senator Deccio: “Well, according to the bill, the act does not cover L & I, the Health Care Authority, the Public Employees' Benefit Board, the Medical Assistance in DSHS and any self-insured plan, subject to the jurisdiction of the state of Washington. That is on page l, beginning with line 17. ”
Senator Thibaudeau: “So, your problem, Senator Deccio, is that it should cover all of these or none of these? Is that what you are suggesting?”
Senator Deccio: “No, I am saying that these are excluded from the bill. The bill is not coming under the same regulations for prompt pay as the other--I say those are excluded from this bill. My question is why should they not be included, why should not prompt payment include those other insurance companies--and L & I is an insurance company--and all the others that I have listed.”
Senator Thibaudeau: “Well, the best I can do to answer your question, Senator, is that the problem seems to lie with not the public entities.”
Senator Deccio: “I'm sorry I can't hear you very well.”
Senator Thibaudeau: “I”m sorry. I said the problem seems to lie with the fact that the public entities were not the major problem here and that, therefore, this--and we could include those later--at a later time.”
Senator Deccio: “Well, Senator Thibaudeau, would you mind moving the bill back to second reading, so that I could offer my amendment and make it a part of this bill?”
Senator Thibaudeau: “No, I don't think I would like to do that, but let me find out, because I am getting some conflicting information here.”
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5812 was deferred.
SECOND READING
SENATE BILL NO. 5109, by Senators Patterson, McAuliffe, Prentice, Johnson, Hochstatter, Brown, Heavey, Kline, Finkbeiner, Benton, Winsley, Oke and Kohl-Welles
Creating limited immunity for school districts.
The bill was read the second time.
MOTION
Senator Patterson moved that the following amendment by Senators Finkbeiner and Patterson be adopted:
On page 2, line 26, after "programs" strike "that have the primary purpose of addressing one of the at-risk factors in chapter 70.190 RCW"
Debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Patterson, I was wondering if organizations that currently use school district facilities after hours are required to, really essentially, have their own insurance. By passing this amendment, are we extending the circumstances of the bill that would-- would this, in any way, allow that they not have to and that the school take the burden? What is happening here?”
Senator Patterson: “No, Senator Roach, the purpose of the underlying bill is to make the school districts feel more comfortable about opening up their doors after hours, by removing their immunity. The bill requires that organizations that serve at-risk youth have their own insurance. So, if someone falls down and breaks their ankle while they are in the school building, the school district can't be sued. The amendment simply says that it is not just for at-risk youth groups, it is for any youth group that wants to use the building after hours.”
Senator Roach: “Thank you.”
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner and Patterson on page 2, line 26, to Senate Bill No. 5109.
The motion by Senator Patterson carried and the amendment was adopted.
MOTION
On motion of Senator Goings, the rules were suspended, Engrossed Senate Bill No. 5109 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5109.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5109 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Deccio - 1.
Excused: Senators McDonald, Morton and West - 3.
ENGROSSED SENATE BILL NO. 5109, 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. 5962, by Senators Brown, Horn and Finkbeiner (by request of Secretary of State Munro and Governor Locke)
Promoting electronic commerce through digital signatures.
MOTION
Senator Brown moved that Senate Bill No. 5962 not be substituted.
The Vice President Pro Tempore declared the question before the Senate to be the motion by Senator Brown that Senate Bill No. 5962 not be substituted.
The motion by Senator Brown carried and Senate Bill No. 5962 was not substituted.
The bill was read the second time.
MOTION
On motion of Senator Brown, the following striking amendment by Senators Brown and Horn was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.34.010 and 1996 c 250 s 102 are each amended to read as follows:
This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:
(1) To facilitate commerce by means of reliable electronic messages;
(2) To ensure that electronic signatures are not denied legal recognition solely because they are in electronic form;
(3) To provide a voluntary licensing mechanism for digital signature certification authorities by which businesses, consumers, courts, government agencies, and other entities can reasonably be assured as to the integrity, authenticity, and nonrepudiation of a digitally signed electronic communication;
(4) To establish procedures governing the use of digital signatures for official public business to provide reasonable assurance of the integrity, authenticity, and nonrepudiation of an electronic communication;
(5) To minimize the incidence of forged digital signatures and fraud in electronic commerce;
(((3))) (6) To implement legally the general import of relevant standards((, such as X.509 of the international telecommunication union, formerly known as the international telegraph and telephone consultative committee)); and
(((4))) (7) To establish, in coordination with ((multiple)) states and other jurisdictions, uniform rules regarding the authentication and reliability of electronic messages.
Sec. 2. RCW 19.34.020 and 1997 c 27 s 30 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Accept a certificate" means ((either:
(a))) to manifest approval of a certificate, while knowing or having notice of its contents((; or
(b) To apply to a licensed certification authority for a certificate, without canceling or revoking the application by delivering notice of the cancellation or revocation to the certification authority and obtaining a signed, written receipt from the certification authority, if the certification authority subsequently issues a certificate based on the application)). Such approval may be manifested by the use of the certificate.
(2) "Accept a digital signature" means to verify a digital signature or take an action in reliance on a digital signature.
(3) "Asymmetric cryptosystem" means an algorithm or series of algorithms that provide a secure key pair.
(4) "Certificate" means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber's public key; and
(d) Is digitally signed by the certification authority issuing it.
(5) "Certification authority" means a person who issues a certificate.
(6) "Certification authority disclosure record" means an on-line, publicly accessible record that concerns a licensed certification authority and is kept by the secretary. ((A certification authority disclosure record has the contents specified by rule by the secretary under RCW 19.34.030.))
(7) "Certification practice statement" means a declaration of the practices that a certification authority employs in issuing certificates ((generally, or employed in issuing a material certificate)).
(8) "Certify" means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to apprise oneself of all material facts.
(9) "Confirm" means to ascertain through appropriate inquiry and investigation.
(10) "Correspond," with reference to keys, means to belong to the same key pair.
(11) "Digital signature" means an electronic signature that is a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine:
(a) Whether the transformation was created using the private key that corresponds to the signer's public key; and
(b) Whether the initial message has been altered since the transformation was made.
(12) "Electronic" means electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies.
(13) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
(14) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record, including but not limited to a digital signature.
(15) "Financial institution" means a national or state-chartered commercial bank or trust company, savings bank, savings association, or credit union authorized to do business in the state of Washington and the deposits of which are federally insured.
(((13))) (16) "Forge a digital signature" means either:
(a) To create a digital signature without the authorization of the rightful holder of the private key; or
(b) To create a digital signature verifiable by a certificate listing as subscriber a person who either:
(i) Does not exist; or
(ii) Does not hold the private key corresponding to the public key listed in the certificate.
(((14))) (17) "Hold a private key" means to be authorized to utilize a private key.
(((15))) (18) "Incorporate by reference" means to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated.
(((16))) (19) "Issue a certificate" means the acts of a certification authority in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate.
(((17))) (20) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates.
(((18))) (21) "Licensed certification authority" means a certification authority to whom a license has been issued by the secretary and whose license is in effect.
(((19))) (22) "Message" means a digital representation of information.
(((20))) (23) "Notify" means to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person.
(((21))) (24) "Official public business" means any legally authorized transaction or communication among state agencies, tribes, and local governments, or between a state agency, tribe, or local government and a private person or entity.
(25) "Operative personnel" means one or more natural persons acting as a certification authority or its agent, or in the employment of, or under contract with, a certification authority, and who have:
(a) ((Managerial or policymaking responsibilities for the certification authority; or
(b))) Duties directly involving the issuance of certificates, creation of private keys((, or administration of a certification authority's computing facilities));
(b) Responsibility for the secure operation of the trustworthy system used by the certification authority or any recognized repository;
(c) Direct responsibility, beyond general supervisory authority, for establishing or adopting policies regarding the operation and security of the certification authority; or
(d) Such other responsibilities or duties as the secretary may establish by rule.
(((22))) (26) "Person" means a human being or an organization capable of signing a document, either legally or as a matter of fact.
(((23))) (27) "Private key" means the key of a key pair used to create a digital signature.
(((24))) (28) "Public key" means the key of a key pair used to verify a digital signature.
(((25))) (29) "Publish" means to ((record or file in a repository)) make information publicly available.
(((26))) (30) "Qualified right to payment" means an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of this chapter.
(((27))) (31) "Recipient" means a person who has received a certificate and a digital signature verifiable with reference to a public key listed in the certificate and is in a position to rely on it.
(((28))) (32) "Recognized repository" means a repository recognized by the secretary under RCW 19.34.400.
(((29))) (33) "Recommended reliance limit" means the monetary amount recommended for reliance on a certificate under RCW 19.34.280(1).
(((30))) (34) "Repository" means a system for storing and retrieving certificates and other information relevant to digital signatures.
(((31))) (35) "Revoke a certificate" means to make a certificate ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked certificates, and does not imply that a revoked certificate is destroyed or made illegible.
(((32))) (36) "Rightfully hold a private key" means the authority to utilize a private key:
(a) That the holder or the holder's agents have not disclosed to a person in violation of RCW 19.34.240(1); and
(b) That the holder has not obtained through theft, deceit, eavesdropping, or other unlawful means.
(((33))) (37) "Secretary" means the secretary of state.
(((34))) (38) "Subscriber" means a person who:
(a) Is the subject listed in a certificate;
(b) Applies for or accepts the certificate; and
(c) Holds a private key that corresponds to a public key listed in that certificate.
(((35))) (39) "Suitable guaranty" means either a surety bond executed by a surety authorized by the insurance commissioner to do business in this state, or an irrevocable letter of credit issued by a financial institution authorized to do business in this state, which, in either event, satisfies all of the following requirements:
(a) It is issued payable to the secretary for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or customer of the letter of credit;
(b) It is in an amount specified by rule by the secretary under RCW 19.34.030;
(c) It states that it is issued for filing under this chapter;
(d) It specifies a term of effectiveness extending at least as long as the term of the license to be issued to the certification authority; and
(e) It is in a form prescribed or approved by rule by the secretary.
A suitable guaranty may also provide that the total annual liability on the guaranty to all persons making claims based on it may not exceed the face amount of the guaranty.
(((36))) (40) "Suspend a certificate" means to make a certificate ineffective temporarily for a specified time forward.
(((37))) (41) "Time stamp" means either:
(a) To append or attach ((to a message, digital signature, or certificate)) a digitally signed notation indicating at least the date, time, and identity of the person appending or attaching the notation to a message, digital signature, or certificate; or
(b) The notation thus appended or attached.
(((38))) (42) "Transactional certificate" means a valid certificate incorporating by reference one or more digital signatures.
(((39))) (43) "Trustworthy system" means computer hardware and software that:
(a) Are reasonably secure from intrusion and misuse; and
(b) ((Provide a reasonable level of availability, reliability, and correct operation; and
(c) Are reasonably suited to performing their intended functions)) Conform with the requirements established by the secretary by rule.
(((40))) (44) "Valid certificate" means a certificate that:
(a) A licensed certification authority has issued;
(b) The subscriber listed in it has accepted;
(c) Has not been revoked or suspended; and
(d) Has not expired.
However, a transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference.
(((41))) (45) "Verify a digital signature" means, in relation to a given digital signature, message, and public key, to determine accurately that:
(a) The digital signature was created by the private key corresponding to the public key; and
(b) The message has not been altered since its digital signature was created.
NEW SECTION. Sec. 3. A new section is added to chapter 19.34 RCW to read as follows:
The presumptions of validity and reasonableness of conduct, and the limitations on liability in this chapter do not apply to electronic records or electronic signatures except for digital signatures created in conformance with all of the requirements of this chapter and rules adopted under this chapter.
Sec. 4. RCW 19.34.030 and 1997 c 27 s 1 are each amended to read as follows:
(1) The secretary must ((maintain a publicly accessible data base containing)) publish a certification authority disclosure record for each licensed certification authority, and a list of all judgments filed with the secretary, within the previous five years, under RCW 19.34.290. ((The secretary must publish the contents of the data base in at least one recognized repository.))
(2) The secretary may adopt rules consistent with this chapter and in furtherance of its purposes:
(a) To ((govern licensed)) license certification authorities ((and)), ((recognized)) recognize repositories,((their practice, and the termination of a licensed certification authority's or recognized repository's practice)) certify operative personnel, and govern the practices of each;
(b) To determine ((an)) the form and amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities;
(c) To specify reasonable requirements for information to be contained in or the form of certificates, including transactional certificates, issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;
(d) To specify reasonable requirements for recordkeeping by licensed certification authorities;
(e) To specify reasonable requirements for the content, form, and sources of information in certification authority disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records;
(f) To specify the form of and information required in certification practice statements, as well as requirements regarding the publication of certification practice statements;
(g) To specify the procedure and manner in which a certificate may be suspended or revoked, as consistent with this chapter; ((and))
(h) To specify the procedure and manner by which the laws of other jurisdictions may be recognized, in order to further uniform rules regarding the authentication and reliability of electronic messages; and
(i) Otherwise to give effect to and implement this chapter.
(3) The secretary may act as a certification authority, and the certificates issued by the secretary shall be treated as having been issued by a licensed certification authority.
Sec. 5. RCW 19.34.100 and 1998 c 33 s 1 are each amended to read as follows:
(1) To obtain or retain a license, a certification authority must:
(a) ((Be the subscriber of a certificate published in a recognized repository, which may include any repository maintained by the secretary;
(b) Knowingly employ as operative personnel only persons who have not been convicted within the past seven years of a felony and have never been convicted of a crime involving fraud, false statement, or deception. The secretary may provide by rule for the manner in which criminal background information is provided as part of the licensing process. For purposes of this provision, a certification authority knowingly employs such a person if the certification authority knew of a conviction, or should have known based upon the background information required by rule of the secretary;
(c) Employ as operative personnel only persons who have demonstrated knowledge and proficiency in following the requirements of this chapter;
(d))) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in appropriate positions;
(c) File with the secretary ((a)) an appropriate, suitable guaranty, unless the certification authority is a city or county that is self-insured or the department of information services;
(((e))) (d) Use a trustworthy system((, including a secure means for limiting access to its private key));
(((f))) (e) Maintain an office in this state or have established a registered agent for service of process in this state; and
(((g))) (f) Comply with all further licensing and practice requirements established by rule by the secretary.
(2) ((The secretary must issue a license to a certification authority that:
(a) Is qualified under subsection (1) of this section;
(b) Applies in writing to the secretary for a license; and
(c) Pays a filing fee adopted by rule by the secretary.
(3))) The secretary may by rule ((classify licenses)) create license classifications according to specified limitations, ((such as a maximum number of outstanding certificates, cumulative maximum of recommended reliance limits in certificates issued by the certification authority, or issuance only within a single firm or organization,)) and the secretary may issue licenses restricted according to the limits of each classification. ((The liability limits of RCW 19.34.280 do not apply to a certificate issued by a certification authority that exceeds the restrictions of the certification authority's license.))
(3) The secretary may impose license restrictions specific to the practices of an individual certification authority. The secretary shall set forth in writing and maintain as part of the certification authority's license application file the basis for such license restrictions.
(4) The secretary may revoke or suspend a certification authority's license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with this chapter or for failure to remain qualified under subsection (1) of this section. The secretary may order the summary suspension of a license pending proceedings for revocation or other action, which must be promptly instituted and determined, if the secretary includes within a written order a finding that the certification authority has either:
(a) Utilized its license in the commission of a violation of a state or federal criminal statute or of chapter 19.86 RCW; or
(b) Engaged in conduct giving rise to a serious risk of loss to public or private parties if the license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or authorization of certification authorities by other governmental entities, in whole or in part, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another government is so recognized:
(a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to licensed certification authorities of this state; and
(b) The liability limits of RCW 19.34.280 apply to the certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state.
(6) ((Unless the parties provide otherwise by contract between themselves, the licensing requirements in this section do not affect the effectiveness, enforceability, or validity of any digital signature, except that RCW 19.34.300 through 19.34.350 do not apply to a certificate, and associated digital signature, issued by an unlicensed certification authority.
(7))) A certification authority that has not obtained a license is not subject to the provisions of this chapter, except as specifically provided.
Sec. 6. RCW 19.34.110 and 1997 c 27 s 5 are each amended to read as follows:
(1) A licensed certification authority shall obtain a compliance audit((, as may be more fully defined by rule of the secretary, at least once every year. The auditor shall issue an opinion evaluating the degree to which the certification authority conforms to the requirements of this chapter and the administrative rules adopted by)) at such times and in such manner as directed by rule of the secretary. If the certification authority is also a recognized repository, the audit must include the repository.
(2) The certification authority shall file a copy of the audit report with the secretary. The secretary may provide by rule for filing of the report in an electronic format((. The secretary shall)) and may publish the report in the certification authority disclosure record it maintains for the certification authority.
Sec. 7. RCW 19.34.111 and 1997 c 27 s 6 are each amended to read as follows:
(1)(((a))) An auditor signing a report of opinion as to a compliance audit required by RCW 19.34.110 must:
(((i))) (a) Be a certified public accountant, licensed under chapter 18.04 RCW or equivalent licensing statute of another jurisdiction; ((or)) and
(((ii))) (b) Meet such other qualifications as the secretary may establish by rule.
(((b) Auditors must either possess such computer security qualifications as are necessary to conduct the audit or employ, contract, or associate with firms or individuals who do. The secretary may adopt rules establishing qualifications as to expertise or experience in computer security.))
(2) The compliance audits of state agencies and local governments who are licensed certification authorities, and the secretary, must be performed under the authority of the state auditor. The state auditor may contract with private entities as needed to comply with this chapter.
Sec. 8. RCW 19.34.120 and 1997 c 27 s 7 are each amended to read as follows:
(1) The secretary may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and secure compliance with this chapter.
(2) The secretary may suspend or revoke the license of a certification authority for its failure to comply with an order of the secretary.
(3) The secretary may by order impose and collect a civil ((monetary)) penalty against a licensed certification authority for a violation of this chapter ((in an amount)). The penalty shall not ((to)) exceed ten thousand dollars per incident, or ninety percent of the recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than one day, each day is considered a separate incident. The secretary may adopt rules setting forth the standards governing the exercise of the secretary's discretion as to penalty amounts. In the case of a state agency authorized by law to be a licensed certification authority, the sole penalty imposed under this subsection shall consist of specific findings of noncompliance and an order requiring compliance with this chapter and the rules of the secretary. Any penalty imposed under this chapter and chapter 34.05 RCW shall be enforceable in any court of competent jurisdiction.
(4) The secretary may order a certification authority, which it has found to be in violation of this chapter, to pay the costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it.
(5) The secretary must exercise authority under this section in accordance with the administrative procedure act, chapter 34.05 RCW, and a licensed certification authority may obtain judicial review of the secretary's actions as prescribed by chapter 34.05 RCW. The secretary may also seek injunctive relief to compel compliance with an order.
Sec. 9. RCW 19.34.130 and 1996 c 250 s 204 are each amended to read as follows:
(1) No certification authority, whether licensed or not, may conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.
(2) The secretary may publish ((in the repository it provides, or elsewhere,)) brief statements advising subscribers, persons relying on digital signatures, or other repositories about activities of a certification authority, whether licensed or not, that create a risk prohibited by subsection (1) of this section. The certification authority named in a statement as creating or causing such a risk may protest the publication of the statement by filing a written defense of ten thousand bytes or less. Upon receipt of such a protest, the secretary must publish the protest along with the secretary's statement, and must promptly give the protesting certification authority notice and an opportunity to be heard. Following the hearing, the secretary must rescind the advisory statement if its publication was unwarranted under this section, cancel it if its publication is no longer warranted, continue or amend it if it remains warranted, or take further legal action to eliminate or reduce a risk prohibited by subsection (1) of this section. The secretary must publish its decision in the repository it provides.
(3) In the manner provided by the administrative procedure act, chapter 34.05 RCW, the secretary may issue orders and obtain injunctions or other civil relief to prevent or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a person other than the secretary.
Sec. 10. RCW 19.34.200 and 1997 c 27 s 8 are each amended to read as follows:
(1) A licensed certification authority ((or subscriber)) shall use only a trustworthy system((:
(a))) to issue, suspend, or revoke ((a certificate;
(b))) certificates. A licensed certification authority shall use a recognized repository to publish or give notice of the issuance, suspension, or revocation of a certificate((; or
(c) To create a private key)).
(2) A licensed certification authority ((must disclose any material certification practice statement, and any fact material to either the reliability of a certificate that it has issued or its ability to perform its services. A certification authority may require a signed, written, and reasonably specific inquiry from an identified person, and payment of reasonable compensation, as conditions precedent to effecting a disclosure required in this subsection.)) shall publish a certification practice statement in accordance with the rules established by the secretary. The secretary shall publish the certification practice statements of licensed certification authorities submitted as part of the licensing process in a manner similar to the publication of the certification authority disclosure record.
(3) A licensed certification authority shall knowingly employ as operative personnel only persons who have not been convicted within the past seven years of a felony and have never been convicted of a crime involving fraud, false statement, or deception. For purposes of this subsection, a certification authority knowingly employs such a person if the certification authority knew of a conviction, or should have known based on information required by rule of the secretary. Operative personnel employed by a licensed certification authority must also be persons who have demonstrated knowledge and proficiency in following the requirements of this chapter. The secretary may provide by rule for the certification of operative personnel, and provide by rule for the manner in which criminal background information is provided as part of the certification process, as well as the manner in which knowledge and proficiency in following the requirements of this chapter may be demonstrated.
Sec. 11. RCW 19.34.210 and 1997 c 27 s 9 are each amended to read as follows:
(1) A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied:
(a) The certification authority has received a request for issuance signed by the prospective subscriber; and
(b) The certification authority has confirmed that:
(i) The prospective subscriber is the person to be listed in the certificate to be issued;
(ii) If the prospective subscriber is acting through one or more agents, the subscriber duly authorized the agent or agents to have custody of the subscriber's private key and to request issuance of a certificate listing the corresponding public key;
(iii) The information in the certificate to be issued is accurate;
(iv) The prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the certificate;
(v) The prospective subscriber holds a private key capable of creating a digital signature;
(vi) The public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber; and
(vii) The certificate provides information sufficient to locate or identify one or more repositories in which notification of the revocation or suspension of the certificate will be listed if the certificate is suspended or revoked.
(c) The requirements of this subsection may not be waived or disclaimed by either the licensed certification authority, the subscriber, or both.
(2) ((If the subscriber accepts the issued certificate, the certification authority must publish a signed copy of the certificate in a recognized repository, as the certification authority and the subscriber named in the certificate may agree, unless a contract)) In confirming that the prospective subscriber is the person to be listed in the certificate to be issued, a licensed certification authority shall make a reasonable inquiry into the subscriber's identity in light of:
(a) Any statements made by the certification authority regarding the reliability of the certificate;
(b) The reliance limit of the certificate;
(c) Any recommended uses or applications for the certificate; and
(d) Whether the certificate is a transactional certificate or not.
(3) A certification authority shall be presumed to have confirmed that the prospective subscriber is the person to be listed in a certificate where:
(a) The subscriber appears before the certification authority and presents identification documents consisting of at least one of the following:
(i) A current identification document issued by or under the authority of the United States, or such similar identification document issued under the authority of another country;
(ii) A current driver's license issued by a state of the United States; or
(iii) A current personal identification card issued by a state of the United States; and
(b) Operative personnel certified according to law or a notary has reviewed and accepted the identification information of the subscriber.
(4) The certification authority may establish policies regarding the publication of certificates in its certification practice statement, which must be adhered to unless an agreement between the certification authority and the subscriber provides otherwise. If the ((subscriber does not accept the certificate, a licensed certification authority must not publish it, or must cancel its publication if the certificate has already been published)) certification authority does not establish such a policy, the certification authority must publish a signed copy of the certificate in a recognized repository.
(((3))) (5) Nothing in this section precludes a licensed certification authority from conforming to standards, certification practice statements, security plans, or contractual requirements more rigorous than, but nevertheless consistent with, this chapter.
(((4))) (6) After issuing a certificate, a licensed certification authority must revoke it immediately upon confirming that it was not issued as required by this section. A licensed certification authority may also suspend a certificate that it has issued for a ((reasonable)) period not exceeding ((ninety-six hours)) five business days as needed for an investigation to confirm grounds for revocation under this subsection. The certification authority must give notice to the subscriber as soon as practicable after a decision to revoke or suspend under this subsection.
(((5))) (7) The secretary may order the licensed certification authority to suspend or revoke a certificate that the certification authority issued, if, after giving any required notice and opportunity for the certification authority and subscriber to be heard in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary determines that:
(a) The certificate was issued without substantial compliance with this section; and
(b) The noncompliance poses a significant risk to persons ((reasonably)) relying on the certificate.
Upon determining that an emergency requires an immediate remedy, and in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary may issue an order suspending a certificate for a period not to exceed ((ninety-six hours)) five business days.
Sec. 12. RCW 19.34.231 and 1997 c 27 s 10 are each amended to read as follows:
(1) If a signature of a unit of state or local government, including its appropriate officers or employees, ((may)) is required by statute, administrative rule, court rule, or requirement of the office of financial management, that unit of state or local government shall become a subscriber to a certificate issued by a licensed certification authority for purposes of conducting official public business((, but only if the certificate is issued by a licensed certification authority. A unit of state government, except the secretary and the department of information services, may not act as a certification authority)) with electronic records.
(2) A city or county may become a licensed certification authority under RCW 19.34.100 for purposes of providing services to local government, if authorized by ordinance adopted by the city or county legislative authority.
(3) ((The limitation to licensed certification authorities in subsection (1) of this section does not apply to uses of digital signatures or key pairs limited to internal agency procedures, as to which the signature is not required by statute, administrative rule, court rule, or requirement of the office of financial management.)) A unit of state government, except the secretary and the department of information services, may not act as a certification authority.
Sec. 13. RCW 19.34.250 and 1997 c 27 s 12 are each amended to read as follows:
(1) Unless the certification authority ((and the subscriber agree)) provides otherwise in the certificate or its certification practice statement, the licensed certification authority that issued a certificate that is not a transactional certificate must suspend the certificate for a period not to exceed ((ninety-six hours)) five business days:
(a) Upon request by a person whom the certification authority reasonably believes to be: (i) The subscriber named in the certificate; (ii) a person duly authorized to act for that subscriber; or (iii) a person acting on behalf of the unavailable subscriber; or
(b) By order of the secretary under RCW 19.34.210(5).
The certification authority need not confirm the identity or agency of the person requesting suspension. The certification authority may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding the requestor's identity, authorization, or the unavailability of the subscriber. Law enforcement agencies may investigate suspensions for possible wrongdoing by persons requesting suspension.
(2) Unless the ((certificate)) certification authority provides otherwise ((or)) in the certificate ((is a transactional certificate)) or its certification practice statement, the secretary may suspend a certificate issued by a licensed certification authority for a period not to exceed ((ninety-six hours)) five business days, if:
(a) A person identifying himself or herself as the subscriber named in the certificate, a person authorized to act for that subscriber, or a person acting on behalf of that unavailable subscriber [requests suspension]; and
(b) The requester represents that the certification authority that issued the certificate is unavailable.
The secretary may require the person requesting suspension to provide evidence, including a statement under oath or affirmation, regarding his or her identity, authorization, or the unavailability of the issuing certification authority, and may decline to suspend the certificate in its discretion. Law enforcement agencies may investigate suspensions by the secretary for possible wrongdoing by persons requesting suspension.
(3) Immediately upon suspension of a certificate by a licensed certification authority, the licensed certification authority must give notice of the suspension according to the specification in the certificate. If one or more repositories are specified, then the licensed certification authority must publish a signed notice of the suspension in all the repositories. If a repository no longer exists or refuses to accept publication, or if no repository is recognized under RCW 19.34.400, the licensed certification authority must also publish the notice in a recognized repository. If a certificate is suspended by the secretary, the secretary must give notice as required in this subsection for a licensed certification authority, provided that the person requesting suspension pays in advance any fee required by a repository for publication of the notice of suspension.
(4) A certification authority must terminate a suspension initiated by request only:
(a) If the subscriber named in the suspended certificate requests termination of the suspension, the certification authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or
(b) When the certification authority discovers and confirms that the request for the suspension was made without authorization by the subscriber. However, this subsection (4)(b) does not require the certification authority to confirm a request for suspension.
(5) The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise for termination of a requested suspension. However, if the contract limits or precludes suspension by the secretary when the issuing certification authority is unavailable, the limitation or preclusion is effective only if notice of it is published in the certificate.
(6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of this subsection is a gross misdemeanor.
(7) The secretary may authorize other state or local governmental agencies to perform any of the functions of the secretary under this section upon a regional basis. The authorization must be formalized by an agreement under chapter 39.34 RCW. The secretary may provide by rule the terms and conditions of the regional services.
(8) A suspension under this section must be completed within twenty-four hours of receipt of all information required in this section.
Sec. 14. RCW 19.34.280 and 1997 c 27 s 14 are each amended to read as follows:
(1) By clearly specifying a recommended reliance limit in a certificate and in the certification practice statement, the issuing certification authority recommends that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit.
(2) Subject to subsection (3) of this section, unless a licensed certification authority waives application of this subsection, a licensed certification authority is:
(a) Not liable for a loss caused by reliance on a false or forged digital signature of a subscriber, if, with respect to the false or forged digital signature, the certification authority complied with all material requirements of this chapter;
(b) Not liable in excess of the amount specified in the certificate as its recommended reliance limit for either:
(i) A loss caused by reliance on a misrepresentation in the certificate of a fact that the licensed certification authority is required to confirm; or
(ii) Failure to comply with RCW 19.34.210 in issuing the certificate;
(c) Not liable for:
(i) Punitive or exemplary damages. Nothing in this chapter may be interpreted to permit punitive or exemplary damages that would not otherwise be permitted by the law of this state; or
(ii) Damages for pain or suffering.
(3) Nothing in subsection (2)(a) of this section relieves a licensed certification authority of its liability for breach of any of the warranties or certifications it gives under RCW 19.34.220 or for its lack of good faith, which warranties and obligation of good faith may not be disclaimed. However, the standards by which the performance of a licensed certification authority's obligation of good faith is to be measured may be determined by agreement or notification complying with subsection (4) of this section if the standards are not manifestly unreasonable. The liability of a licensed certification authority under this subsection is subject to the limitations in subsection (2)(b) and (c) of this section unless the limits are waived by the licensed certification authority.
(4) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. A licensed certification authority may liquidate, limit, alter, or exclude consequential or incidental damages as provided in this subsection by agreement or by notifying any person who will rely on a certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the certificate.
Sec. 15. RCW 19.34.330 and 1996 c 250 s 404 are each amended to read as follows:
A ((copy of a)) digitally signed message ((is as effective, valid, and enforceable as the original of the message, unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, effective, and enforceable)) shall be deemed to be an original of the message.
Sec. 16. RCW 19.34.340 and 1997 c 27 s 21 are each amended to read as follows:
(((1))) Unless otherwise provided by law ((or contract, if so provided in the certificate issued by a licensed certification authority)) or agreement, a digital signature verified by reference to the public key listed in a valid certificate issued by a licensed certification authority satisfies the requirements for an acknowledgment under RCW 42.44.010(4) and for acknowledgment of deeds and other real property conveyances under RCW 64.04.020 ((if words of an express acknowledgment appear with the digital signature regardless of whether the signer personally appeared before either the certification authority or some other person authorized to take acknowledgments of deeds, mortgages, or other conveyance instruments under RCW 64.08.010 when the digital signature was created, if that digital signature is:
(a) Verifiable by that certificate; and
(b) Affixed when that certificate was valid.
(2) If the digital signature is used as an acknowledgment, then the certification authority is responsible to the same extent as a notary up to the recommended reliance limit for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or limit, other than as provided in RCW 19.34.280, the effect of this section)).
Sec. 17. RCW 19.34.400 and 1997 c 27 s 23 are each amended to read as follows:
(1) The secretary must recognize one or more repositories, after finding that a repository to be recognized:
(a) Is a licensed certification authority;
(b) Includes, or will include, a data base containing:
(i) Certificates published in the repository;
(ii) Notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates; and
(iii) ((Certification authority disclosure records for licensed certification authorities;
(iv) All orders or advisory statements published by the secretary in regulating certification authorities; and
(v))) Other information adopted by rule by the secretary;
(c) Operates by means of a trustworthy system, that may, under administrative rule of the secretary, include additional or different attributes than those applicable to a certification authority that does not operate as a recognized repository;
(d) Contains no significant amount of information that is known or likely to be untrue, inaccurate, or not reasonably reliable;
(e) ((Contains certificates published by certification authorities that conform to legally binding requirements that the secretary finds to be substantially similar to, or more stringent toward the certification authorities, than those of this state;
(f))) Keeps ((an archive)) a record of certificates that have been suspended or revoked, or that have expired, ((within at least the past three years)) in accordance with requirements adopted by rule by the secretary; and
(g) Complies with other reasonable requirements adopted by rule by the secretary.
(2) A repository may apply to the secretary for recognition by filing a written request and providing evidence to the secretary sufficient for the secretary to find that the conditions for recognition are satisfied, in accordance with requirements adopted by rule by the secretary.
(3) A repository may discontinue its recognition by filing thirty days' written notice with the secretary, upon meeting any conditions for discontinuance adopted by rule by the secretary. In addition the secretary may discontinue recognition of a repository in accordance with the administrative procedure act, chapter 34.05 RCW, if the secretary concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary.
Sec. 18. RCW 19.34.410 and 1997 c 27 s 33 are each amended to read as follows:
(1) Notwithstanding a disclaimer by the repository or a contract to the contrary between the repository, a certification authority, or a subscriber, a repository is liable for a loss incurred by a person reasonably relying on a digital signature verified by the public key listed in a certificate that has been suspended or revoked by the licensed certification authority that issued the certificate, if loss was incurred more than one business day after receipt by the repository of a request from the issuing licensed certification authority to publish notice of the suspension or revocation, and the repository had failed to publish the notice when the person relied on the digital signature.
(2) Unless waived, a recognized repository or the owner or operator of a recognized repository is:
(a) Not liable for failure to record publication of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received;
(b) Not liable under subsection (1) of this section in excess of the amount specified in the certificate as the recommended reliance limit;
(c) Not liable under subsection (1) of this section for:
(i) Punitive or exemplary damages; or
(ii) Damages for pain or suffering;
(d) Not liable for misrepresentation in a certificate published by a licensed certification authority;
(e) Not liable for accurately recording or reporting information that a licensed certification authority, or court clerk, or the secretary has published as required or permitted in this chapter, including information about suspension or revocation of a certificate;
(f) Not liable for reporting information about a certification authority, a certificate, or a subscriber, if the information is published as required or permitted in this chapter or a rule adopted by the secretary, or is published by order of the secretary in the performance of the licensing and regulatory duties of that office under this chapter.
(3) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. A recognized repository may liquidate, limit, alter, or exclude damages as provided in this subsection by agreement, or by notifying any person who will rely on a digital signature verified by the public key listed in a suspended or revoked certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the certificate.
Sec. 19. RCW 43.105.320 and 1997 c 27 s 29 are each amended to read as follows:
The department of information services may become a licensed certification authority, under chapter 19.34 RCW, for the purpose of providing services to ((state and local government)) agencies, local governments, and other entities and persons for purposes of official state business. The department is not subject to RCW 19.34.100(1)(a). The department shall only issue certificates, as defined in RCW 19.34.020, in which the subscriber is:
(1) The state of Washington or a department, office, or agency of the state;
(2) A city, county, district, or other municipal corporation, or a department, office, or agency of the city, county, district, or municipal corporation;
(3) An agent or employee of an entity described by subsection (1) or (2) of this section, for purposes of official public business; ((or))
(4) Any other person or entity engaged in matters of official public business, however, such certificates shall be limited only to matters of official public business; or
(5) An applicant for a license as a certification authority for the purpose of compliance with RCW 19.34.100(1)(a).
NEW SECTION. Sec. 20. (1) The office of financial management shall convene a task force, which shall include both governmental and nongovernmental representatives, to review the practice of the state issuing certificates to nongovernmental entities or individuals for the purpose of conducting official public business. The task force shall prepare and submit its findings to the appropriate legislative committees by December 31, 2000.
(2) This section expires June 30, 2001.
NEW SECTION. Sec. 21. 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."
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, line 2 of the title, after "signatures;" strike the remainder of the title and insert "amending RCW 19.34.010, 19.34.020, 19.34.030, 19.34.100, 19.34.110, 19.34.111, 19.34.120, 19.34.130, 19.34.200, 19.34.210, 19.34.231, 19.34.250, 19.34.280, 19.34.330, 19.34.340, 19.34.400, 19.34.410, and 43.105.320; adding a new section to chapter 19.34 RCW; creating a new section; providing an expiration date; and declaring an emergency."
On motion of Senator Brown, the rules were suspended, Engrossed Senate Bill No. 5962 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5962.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5962 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Heavey, Hochstatter, Johnson, Roach, Rossi, Stevens and Zarelli - 8.
Excused: Senators McDonald, Morton and West - 3.
ENGROSSED SENATE BILL NO. 5962, 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. 5154, by Senators Hargrove, McCaslin, Goings and Heavey
Limiting the liability of electric utilities.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5154 was substituted for Senate Bill No. 5154 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5154 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 Franklin, Senator Prentice was excused.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5154.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5154 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Fairley, Haugen, McAuliffe and Spanel - 4.
Excused: Senators McDonald, Morton and West - 3.
SUBSTITUTE SENATE BILL NO. 5154, 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. 5280, by Senators Franklin, Winsley, Wojahn, Kline, Goings, Thibaudeau, Stevens, Rasmussen, Benton, Prentice, Heavey, Gardner, Shin and Oke
Meeting financial responsibility requirements for automobiles.
MOTIONS
On motion of Senator Franklin, Substitute Senate Bill No. 5280 was substituted for Senate Bill No. 5280 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 5280 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5280.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5280 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Voting nay: Senator Sellar - 1.
Excused: Senators McDonald, Morton and West - 3.
SUBSTITUTE SENATE BILL NO. 5280, 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. 5710, by Senators Wojahn, Rasmussen, Winsley, Oke, Franklin, Goings, Eide and Swecker
Authorizing a sales and use tax for zoo and aquarium purposes.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5710 was substituted for Senate Bill No. 5710 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5710 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5710.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5710 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators Brown and Fairley - 2.
Excused: Senators McDonald, Morton and West - 3.
SUBSTITUTE SENATE BILL NO. 5710, 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. 5641, by Senators Haugen, Benton, Wojahn, Sellar and Costa
Regarding special license plates.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5641 was substituted for Senate Bill No. 5641 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5641 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5641.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5641 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 46.
Excused: Senators McDonald, Morton and West - 3.
SUBSTITUTE SENATE BILL NO. 5641, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5587 and the pending amendments by Senators Benton and Roach on page 9, after line 14, and page 9, line 19, deferred earlier today.
RULING BY THE VICE PRESIDENT PRO TEMPORE
Vice President Pro Tempore Bauer: “In ruling upon the point of order raised by Senator Thibaudeau to the scope and object of the amendments by Senators Benton and Roach on page 9, after line 14, and page 9, line 19, the President finds that Substitute Senate Bill No. 5587 is a measure which makes the following requirements of health carriers: (1) Disclosure of health care plan information; (2) A process for appealing denials of health care coverage; and (3) The protection of health care privacy. Each of these requirements is procedural in nature.
“The amendments would make a substantive coverage requirement of health carriers, namely the amendments would provide that health plans that cover chiropractic services must permit patients to see the chiropractor of their choice.
“The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken.”
The amendments by Senators Benton and Roach on page 9, after line 14, and page 9, line 19, to Substitute Senate Bill No. 5587 were ruled out of order.
.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Bill No. 5587 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Benton: “Senator Wojahn, does this bill cover the Public Employees' Benefits Board, all of our state employees, the Basic Health Plan and all the other insurance offered by the public sector as well as the private sector?”
Senator Wojahn: “It only addresses the one code and that is the insurance code.”
Senator Benton: “So, the answer is 'yes'--all of the public sector companies are covered under this plan?'”
Senator Wojahn: “It only covers the insurance code and, therefore, it does not cover the items that Senator Deccio talked about. They are all public codes--it only covers one RCW.”
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5587.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5587 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.
Voting nay: Senators Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker and Zarelli - 17.
Excused: Senators McDonald, Morton and West - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5587, 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. 5598, by Senators McAuliffe, Finkbeiner, West, Jacobsen, Long, Kline, Costa, Snyder, Eide, Patterson, Hale and Winsley (by request of Governor Locke)
Creating the Washington's promise scholarship program.
MOTIONS
On motion of Senator Kohl-Welles, Second Substitute Senate Bill No. 5598 was substituted for Senate Bill No. 5598 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McAuliffe, the following amendment by Senators McAuliffe, Kohl-Welles and Zarelli was adopted:
On page 1, line 14, after "insufficient." strike all material through "education." on line 17
MOTION
On motion of Senator Honeyford, Senator McCaslin was excused.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and McAuliffe be adopted:
On page 2, line 19, after "(3)" insert "By the 2000-2001 school year, the higher education coordinating board's plan under this section shall be complete. The plan shall outline criteria extending eligibility for the promise scholarship to graduates of approved private high schools as defined in RCW 28A.195 and participants in home-based instruction as defined in RCW 28A.200.
(4)"
Renumber the subsection consecutively and correct any internal references accordingly.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Zarelli and McAuliffe on page 2, line 19, to Second Substitute Senate Bill No. 5598.
The motion by Senator Zarelli carried and the amendment was adopted.
MOTIONS
On motion of Senator McAuliffe, the following amendment by Senators McAuliffe, Kohl-Welles and Zarelli was adopted:
On page 2, line 26, after the word "annual", insert "resident" .
Renumber the sections consecutively and correct any internal references accordingly.
Senator Sheahan moved that the following amendment be adopted:
On page 2, line 27, following "28B.95 RCW." insert the following:
"(5) The scholarship will be awarded only in those academic years for which the higher education coordinating board verifies that the financial aid program in 28B.10.800 RCW through 28B.10.824 RCW has been funded to reach the goal of providing financial aid to all eligible students up to sixty-five percent of median family income."
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Sheahan on page 2, line 27, to Second Substitute Senate Bill No. 5598.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 25; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Deccio, Finkbeiner, Franklin, Hale, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, Winsley and Zarelli - 20.
Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25.
Excused: Senators McCaslin, McDonald, Morton and West - 4.
MOTIONS
On motion of Senator McAuliffe, the following amendment by Senators McAuliffe, Kohl-Welles and Zarelli was adopted:
On page 3, after line 2, strike all material down to and including, line 25.
Renumber the subsections consecutively and correct any internal references accordingly.
Senator Finkbeiner moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to strengthen the link between postsecondary education and K-12 education by creating the Washington's promise scholarship program for academically successful high school graduates. The legislature finds that, increasingly, an individual's economic viability is contingent on postsecondary educational opportunities, yet the state's full financial obligation is eliminated after the twelfth grade. Students who work hard in kindergarten through twelfth grade and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient.
NEW SECTION. Sec. 2. (1) To qualify for a Washington's promise scholarship, a student must meet both the academic and financial requirements in this section.
(2)(a) Beginning with the graduating class of 1999 and ending with the graduating class of 2002, students in the top fifteen percent of each high school graduating class meet the academic requirement for the scholarship.
(b) Beginning with the tenth grade class taking the Washington assessment of student learning during the 2000-01 school year, students who pass all subjects on their first attempt meet the academic requirement for the scholarship.
(c) Beginning with the tenth grade class taking the preliminary scholastic assessment test during the 2000-01 school year, students who score in the top fifteen percent of those taking the preliminary scholastic assessment test meet the academic requirement for the scholarship.
(3) Students must graduate from high school or its equivalent.
(4) To meet the financial requirement of the scholarship, the student's family income must not exceed one hundred thirty-five percent of the state median family income.
NEW SECTION. Sec. 3. (1) The Washington's promise scholarship program shall be administered by the higher education coordinating board.
(2) The office of the superintendent of public instruction shall provide data on class ranking and Washington assessment of student learning scores to the higher education coordinating board to assist the higher education coordinating board in awarding scholarships. All student data should be considered confidential and used solely for the purposes of providing scholarships to eligible students.
(3)(a) For students eligible under section 2(2)(a) of this act, the office of the superintendent of public instruction shall provide the higher education coordinating board with the names, addresses, and unique numeric identifiers of students in the top fifteen percent of each respective high school graduating class in Washington state. This shall be done by the end of the summer following completion of the twelfth grade to enable students to use the Washington's promise scholarship upon completion of twelfth grade. The higher education coordinating board shall make awards to qualifying students in an amount equal to the cost of a full-time class load for one academic year at a public community college for each year of these students' eligibility.
(b) For students eligible under section 2(2)(b) of this act, the office of the superintendent of public instruction shall provide the higher education coordinating board with the names of tenth grade students who passed all subjects of the Washington assessment of student learning. This shall be done by the end of the summer following receipt of assessment scores to enable students to use the Washington's promise scholarship upon completion of twelfth grade. For each qualifying student, the higher education coordinating board shall establish an account and place in the account two years of tuition units at the community college rate, as provided for in chapter 28B.95 RCW.
(c) Students shall notify the higher education coordinating board of their preliminary scholastic aptitude test scores to determine eligibility under section 2(2)(c) of this act.
(4) The scholarship may only be used at accredited institutions of higher education in the state of Washington.
(5) Scholarships may not be transferred.
(6) Scholarships may not be refunded to students. Scholarships may only be returned to the higher education coordinating board.
(7) Scholarships awarded under this section may be used for college-related expenses, including but not limited to, tuition, room and board, books, materials, and transportation.
(8) The Washington's promise scholarship program is not intended to supplant any federal scholarship or tax program related to postsecondary education.
(9)(a) The Washington's promise scholarship account is created in the custody of the state treasurer. The account shall be a discrete nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
(b) The higher education coordinating board shall deposit in the account all money received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature for the Washington's promise scholarship program, private contributions to the program, and receipts from refunds of tuition and fees.
(c) Expenditures from the account shall be used for scholarships to eligible students.
(d) With the exception of the operating costs associated with the management of the account by the treasurer's office as authorized in chapter 43.79A RCW, the account shall be credited with all investment income earned by the account.
(e) Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.
(f) Disbursements from the account shall be made only on the authorization of the higher education coordinating board.
(10) The higher education coordinating board may adopt rules to implement this section.
Sec. 4. RCW 43.79A.040 and 1998 c 268 s 1 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington's promise scholarship account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the Washington international exchange scholarship endowment fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility grant account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 5. Sections 1 through 3 of this act constitute a new chapter in Title 28B RCW."
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Finkbeiner to Second Substitute Senate Bill No. 5598.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 17; Nays, 27; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Johnson, Long, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, Winsley and Zarelli - 17. Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 27. Absent: Senator Horn - 1. Excused: Senators McCaslin, McDonald, Morton and West - 4.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5598 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5598.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5598 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45. Excused: Senators McCaslin, McDonald, Morton and West - 4. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5598, 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. 5019, by Senators Patterson, Thibaudeau and McAuliffe
Changing provisions relating to opiate substitution treatment programs.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5019 was substituted for Senate Bill No. 5019 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove, Patterson and Long was adopted:On page 5, line 9, after "business." insert "Physician-operated certified programs are not subject to the siting requirements of section 2 of this act if the physician operates the program within his or her existing medical practice and his or her existing medical practice serves patients with a variety of medical conditions. Opiate substitution services cannot be the physician's exclusive practice."
MOTION
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5019 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. 5019.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5019 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45. Excused: Senators McCaslin, McDonald, Morton and West - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5019, 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. 5049, by Senators Rasmussen, Goings, Franklin, T. Sheldon, Swecker and Patterson
Enhancing penalties for manufacturing methamphetamines inside a conveyance.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5049 was substituted for Senate Bill No. 5049 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5049 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5049.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5049 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Excused: Senators Loveland, McCaslin, McDonald, Morton and West - 5.
SUBSTITUTE SENATE BILL NO. 5049, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Vice President Pro Tempore advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5812, deferred on third reading earlier today.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5812 was returned to second reading and read the second time.
MOTION
Senator Deccio moved that the following amendment by Senators Deccio and Tim Sheldon be adopted:
On page 1, beginning with line 17, strike everything through "state." on page 2, line 5, and insert: "the department of labor and industries, the health care authority, public employees benefit board, the medical assistance administration of the department of social and health services, and any self-insured health plan subject to the jurisdiction of the state of Washington."
POINT OF INQUIRY
Senator Tim Sheldon: “Senator Deccio, does the Health Care Authority include the Basic Health Plan?”
Senator Deccio: “Yes, it does. The intent of the amendment, as we are advised that the Health Care Authority does include the Basic Health Plan.”
Senator Tim Sheldon: “Thank you, Senator Deccio.”
Further debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Deccio and Tim Sheldon on page 1, beginning on line 17, to Substitute Senate Bill No. 5812.
ROLL CALL
The Secretary called the roll and the amendment was adopted by the following vote: Yeas, 27; Nays, 18; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Deccio, Eide, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker and Zarelli - 27. Voting nay: Senators Bauer, Costa, Fairley, Franklin, Fraser, Gardner, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Prentice, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 18. Excused: Senators McCaslin, McDonald, Morton and West - 4.
MOTION
On motion of Senator Thibaudeau, Engrossed Substitute Senate Bill No. 5812, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5812, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5812, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Hale, Hargrove, Hochstatter, Horn, Kline, Kohl-Welles, Long, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 33. Voting nay: Senators Deccio, Finkbeiner, Franklin, Haugen, Heavey, Honeyford, Jacobsen, Johnson, Loveland, McAuliffe, Rossi and Thibaudeau - 12. Excused: Senators McCaslin, McDonald, Morton and West - 4. ENGROSSED SUBSTITUTE SENATE BILL NO. 5812, under suspension of the rules, 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 Vice President Pro Tempore returned the Senate to the sixth order of business.
MOTION
On motion of Senator Honeyford, Senator Johnson was excused.
SECOND READING
SENATE BILL NO. 5746, by Senators Wojahn and Rasmussen
Modifying certain exemption language for new and rehabilitated multiple-unit dwellings in urban centers.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5746 was substituted for Senate Bill No. 5746 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5746 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5746.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5746 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44. Excused: Senators Johnson, McCaslin, McDonald, Morton and West - 5. SUBSTITUTE SENATE BILL NO. 5746, 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. 5760, by Senators Goings, Haugen, McCaslin and Patterson
Allowing unincorporated territory adjacent to a fire protection district to be annexed.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5760 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5760.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5760 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43. Absent: Senator Long - 1. Excused: Senators Johnson, McCaslin, McDonald, Morton and West - 5. SENATE BILL NO. 5760, 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 Honeyford, Senator Long was excused.
SECOND READING
SENATE BILL NO. 5762, by Senators Haugen and Goings (by request of Department of Licensing)
Amending cosmetology laws.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5762 was substituted for Senate Bill No. 5762 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5762 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5762.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5762 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 42. Absent: Senator Swecker - 1. Excused: Senators Johnson, Long, McCaslin, McDonald, Morton and West - 6. SUBSTITUTE SENATE BILL NO. 5762, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Snyder served notice that he would move to reconsider the vote by which Engrossed Substitute Senate Bill No. 5812, under suspension of the rules, passed the Senate earlier today.
MOTION
At 8:59 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Friday, March 12, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate