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SIXTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 12, 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 except Senators Brown, Costa, Fairley, Patterson and Sellar. On motion of Senator Franklin, Senators Brown and Fairley were excused. On motion of Senator Honeyford, Senator Sellar was excused.

The Sergeant at Arms Color Guard consisting of Pages Emily Urlacher and Alexandra Sheldon, 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.

MESSAGES FROM THE HOUSE

March 10, 1999

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1067,

ENGROSSED HOUSE BILL NO. 1202,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1210,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1245,

SUBSTITUTE HOUSE BILL NO. 1304,

SUBSTITUTE HOUSE BILL NO. 1368,

SUBSTITUTE HOUSE BILL NO. 1376,

HOUSE BILL NO. 1377,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407,

SUBSTITUTE HOUSE BILL NO. 1525,

SUBSTITUTE HOUSE BILL NO. 1569,

ENGROSSED HOUSE BILL NO. 1845, and the same are herewith transmitted

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

March 10, 1999

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1078,

HOUSE BILL NO. 1095,

SUBSTITUTE HOUSE BILL NO. 1178,

SUBSTITUTE HOUSE BILL NO. 1189,

SUBSTITUTE HOUSE BILL NO. 1224,

HOUSE BILL NO. 1369,

SUBSTITUTE HOUSE BILL NO. 1382,

SUBSTITUTE HOUSE BILL NO. 1494,

HOUSE BILL NO. 1495,

HOUSE BILL NO. 1555,

SUBSTITUTE HOUSE BILL NO. 1592,

HOUSE BILL NO. 1699,

SUBSTITUTE HOUSE BILL NO. 1701,

HOUSE BILL NO. 1703,

HOUSE BILL NO. 1869,

SUBSTITUTE HOUSE BILL NO. 1951,

SUBSTITUTE HOUSE BILL NO. 1990,

SUBSTITUTE HOUSE BILL NO. 1992,

SUBSTITUTE HOUSE BILL NO. 2099,

HOUSE BILL NO. 2200,

HOUSE BILL NO. 2205,

HOUSE BILL NO. 2207,

SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005,

HOUSE JOINT MEMORIAL NO. 4011,

HOUSE JOINT MEMORIAL NO. 4014, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHB 1067 by Representatives O'Brien and Ballasiotes

Amending statutory double jeopardy provisions.

Referred to Committee on Judiciary.

SHB 1078 by House Committee on State Government (originally sponsored by Representatives Dunshee, Stensen, Hurst, Lovick and Fortunato)

Addressing military leave for public employees.

Referred to Committee on State and Local Government.

HB 1095 by Representatives Cairnes, O'Brien, Koster, D. Schmidt, Thomas, Lovick, Schoesler, Dunn, Lambert and Delvin

Limiting access to law enforcement personnel records and internal affairs files.

Referred to Committee on Judiciary.

SHB 1178 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien, Koster, Lovick and Ballasiotes) (by request of Department of Corrections)

Prescribing requirements for sex offender examinations and treatment.

Referred to Committee on Human Services and Corrections.

SHB 1189 by House Committee on Local Government (originally sponsored by Representatives Van Luven, Scott, Radcliff, Kenney, Mitchell, Tokuda, D. Schmidt, Dickerson, McIntire, Esser, Lambert, Cairnes, Ballasiotes, Constantine, Cody, H. Sommers, Murray, Santos and Parlette)

Modifying provisions concerning metropolitan park districts.

Referred to Committee on State and Local Government.

EHB 1202 by Representatives Constantine, Sheahan and Carrell

Appointing judicial officers of the district and municipal courts.

Referred to Committee on Judiciary.

ESHB 1210 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Campbell, O'Brien, DeBolt, Bush, Sullivan, Kastama, Conway, Delvin, Lovick, Esser, Carrell and Hurst)

Enhancing penalties for manufacturing methamphetamines inside a conveyance.

Referred to Committee on Judiciary.

SHB 1224 by House Committee on Commerce and Labor (originally sponsored by Representatives Hurst, Conway, Campbell, Cairnes, Kessler, Clements, McIntire and Ogden)

Requiring a permanent anchor for worker fall protection.

Referred to Committee on State and Local Government.

ESHB 1245 by House Committee on State Government (originally sponsored by Representatives Morris, Dunn and Rockefeller) (by request of Department of Community, Trade, and Economic Development)

Exempting certain financial and proprietary information from public disclosure.

Referred to Committee on State and Local Government.

SHB 1304 by House Committee on Transportation (originally sponsored by Representatives Hankins, Fisher and K. Schmidt) (by request of Transportation Improvement Board)

Updating references to the transportation improvement board bond retirement account.

Referred to Committee on Transportation.

SHB 1368 by House Committee on Local Government (originally sponsored by Representatives Alexander, Wolfe, DeBolt and Romero)

Prescribing the use of revenues under the county conservation futures levy.

Referred to Committee on State and Local Government.

HB 1369 by Representatives Clements, Conway, Lisk, Grant, McMorris and Wood

Concerning the issuance of citations under the Washington industrial safety and health act.

Referred to Committee on Labor and Workforce Development.

SHB 1376 by House Committee on Transportation (originally sponsored by Representatives G. Chandler, Fisher, Mitchell, K. Schmidt, Romero, Mielke, Skinner, Scott, O'Brien, Wood and Mulliken)

Simplifying disabled parking certification for leg amputees.

Referred to Committee on Transportation.

HB 1377 by Representatives O'Brien and Ballasiotes (by request of Department of Social and Health Services)

Revising sanctions for violating conditions of the juvenile offender basic training camp program.

Referred to Committee on Human Services and Corrections.

SHB 1382 by House Committee on Judiciary (originally sponsored by Representatives Delvin, O'Brien, Cairnes, Hurst, Eickmeyer, Schindler, McDonald, Campbell, Edmonds, Lambert, Constantine, Linville, Pennington, Pflug, Miloscia, Esser, Sheahan, Carrell and Cooper)

Limiting liability for police officers who do not pursue a fleeing suspect.

Referred to Committee on Judiciary.

ESHB 1407 by House Committee on Judiciary (originally sponsored by Representatives Lambert, Benson, Dickerson, Sheahan, Tokuda, Hurst, G. Chandler, Mulliken, Boldt, Koster, Schindler, Ogden, Dunn and Kessler)

Changing adoption provisions.

Referred to Committee on Human Services and Corrections.

SHB 1494 by House Committee on State Government (originally sponsored by Representatives Miloscia, Kenney, Veloria, Romero, Barlean, Ogden and Wolfe) (by request of Department of General Administration)

Clarifying the duties of the director of general administration.

Referred to Committee on State and Local Government.

HB 1495 by Representative Fisher

Regarding refunding bonds.

Referred to Committee on Ways and Means.

SHB 1525 by House Committee on Judiciary (originally sponsored by Representatives Dickerson, Constantine and Lambert)

Authorizing mediation in guardianship proceedings.

Referred to Committee on Judiciary.

HB 1555 by Representatives McDonald, Murray, Delvin, Romero, Ballasiotes, Scott, Hatfield, Bush, Poulsen, Mastin, Constantine and Mitchell (by request of Washington State Patrol)

Improving criminal history record dispositions.

Referred to Committee on Judiciary.

SHB 1569 by House Committee on Appropriations (originally sponsored by Representatives Keiser, Talcott, Schual-Berke, Carlson, Quall and Regala)

Establishing an excellence in mathematics grant program.

Referred to Committee on Education.

SHB 1592 by House Committee on State Government (originally sponsored by Representatives D. Schmidt, Bush, Miloscia and Dunshee) (by request of Secretary of State Munro)

Updating write-in voting laws.

Referred to Committee on State and local Government.

HB 1699 by Representatives Parlette, Cody, Schoesler, Barlean, Esser, Edmonds and Van Luven

Establishing continuing education for dentists.

Referred to Committee on Health and Long-Term Care.

SHB 1701 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Doumit, Radcliff, Kessler, Sump, Miloscia, Barlean, Regala, Schoesler, DeBolt, Hatfield, Tokuda, Eickmeyer, Mielke, Pennington, B. Chandler, Alexander, Clements and Mastin)

Allowing for the use of funds to dredge marine recreation land.

Referred to Committee on Natural Resources, Parks and Recreation.

HB 1703 by Representatives Cooper, Ericksen, Mitchell and Fisher

Revising law governing the disposition of surplus real property.

Referred to Committee on Transportation.

EHB 1845 by Representatives B. Chandler, Clements, McMorris, Lisk, Conway and Wood

Providing for vocational rehabilitation benefits under industrial insurance.

Referred to Committee on Labor and Workforce Development.

HB 1869 by Representatives Carrell and Constantine (by request of Environmental Hearings Office)

Providing procedures for discipline and termination of administrative appeals judges in the environmental hearings office.

Referred to Committee on Judiciary.

SHB 1951 by House Committee on Judiciary (originally sponsored by Representatives Lantz, DeBolt, Miloscia, McDonald, Stensen and Santos)

Protecting remains in abandoned cemeteries.

Referred to Committee on State and Local Government.

SHB 1990 by House Committee on Health Care (originally sponsored by Representatives Cody, Ballasiotes, Schual-Berke, Kenney, Keiser and Veloria) (by request of Department of Social and Health Services)

Concerning background checks for certain potential state employees.

Referred to Committee on Human Services and Corrections.

SHB 1992 by House Committee on Health Care (originally sponsored by Representatives Ballasiotes, Schual-Berke and Rockefeller)

Studying the need for emergency medical services personnel to be trained in the use of epinephrine.

Referred to Committee on Health and Long-Term Care.

SHB 2099 by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler and Linville)

Allowing an exemption from relinquishment of a water right for nonuse resulting from the operation or pendency of legal proceedings.

Referred to Committee on Environmental Quality and Water Resources.

HB 2200 by Representatives Romero and McMorris (by request of Department of Licensing)

Changing the duties of the director of licensing.

Referred to Committee on Transportation.

HB 2205 by Representatives McDonald, Lovick, Carrell, Constantine and Haigh

Providing conditions for waiver of the requirement for a mandatory appearance following arrest for DUI.

Referred to Committee on Judiciary.

HB 2207 by Representatives Kessler and Lisk

Increasing legislative commission membership.

Referred to Committee on State and Local Government.

SHJM 4005 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Grant, G. Chandler, Sump, Mastin, Lisk, Linville, Tokuda, Doumit, Delvin, Radcliff, Dunn and Mulliken)

Urging elimination of unilateral trade sanctions.

Referred to Committee on Agriculture and Rural Economic Development.

HJM 4011 by Representatives Bush, Poulsen, Radcliff, Thomas, Scott, Huff, D. Schmidt, Lantz, Benson, Kessler, Wolfe, Schoesler, Santos, Grant, Quall, Boldt, Pennington, Mastin, Koster, Hankins, Esser, Regala, Cox, Schindler, McDonald, Clements, Wood, Cooper, Kenney, Reardon, Hurst, Talcott, Hatfield, Tokuda, Conway, Sump, Lovick, D. Sommers, Schual-Berke, Carlson, H. Sommers, McMorris, Fortunato, Murray, O'Brien, Anderson, Veloria and Haigh

Allowing schools and libraries to receive telecommunications at below-tariffed rates without losing universal service discounts.

Referred to Committee on Energy, Technology and Telecommunications.

HJM 4014 by Representatives Romero, Hankins, Grant, Ruderman and D. Schmidt

Requesting an increase in federal funding for stroke research.

Referred to Committee on Health and Long-Term Care.

SECOND READING

SENATE BILL NO. 5770, by Senators Gardner, Sellar, Haugen, Goings, Prentice, Horn, Deccio, Oke, Fraser, Loveland, Eide, Costa, Swecker and Rasmussen

Enhancing coordination of special needs transportation.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 5770 was substituted for Senate Bill No. 5770 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5770 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. 5770.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5770 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

Voting yea: Senators Bauer, Benton, Deccio, Eide, 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, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senators Costa and Patterson - 2.

Excused: Senators Brown, Fairley and Sellar - 3.

SUBSTITUTE SENATE BILL NO. 5770, 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. 5772, by Senators Gardner, T. Sheldon, Rasmussen, Swecker, Prentice, Costa, McCaslin, Wojahn, Spanel, Goings and Oke (by request of Secretary of State Munro)

Strengthening confidentiality for victims of domestic violence.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5772 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 Costa and Patterson were excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5772.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5772 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.

Absent: Senator Zarelli - 1.

Excused: Senators Brown, Costa, Fairley, Patterson and Sellar - 5.

SENATE BILL NO. 5772, 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. 5828, by Senators B. Sheldon, Snyder, Franklin, Bauer, Rasmussen, Patterson, Fairley, Kohl-Welles, McAuliffe, Fraser, Prentice, Thibaudeau, Jacobsen, T. Sheldon and Spanel

Presenting a gift of life award.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 5828 was substituted for Senate Bill No. 5828 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 5828 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. 5828.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5828 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; 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, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Brown, Fairley and Sellar - 3.

SUBSTITUTE SENATE BILL NO. 5828, 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. 5837, by Senators Bauer, Long, Winsley, Jacobsen, Fraser, Roach, Rossi, Rasmussen and Oke

Allowing the chief administrative officer of a public utility district, port district, or county to join the retirement system.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5837 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. 5837.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5837 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Brown, Fairley and Sellar - 3.

SENATE BILL NO. 5837, 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. 5850, by Senators Haugen, McCaslin, Fraser, Loveland, Deccio, Winsley and Rasmussen

Adjusting retirement allowances.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5850 was substituted for Senate Bill No. 5850 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. 5850 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. 5850.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5850 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Brown, Fairley and Sellar - 3.

SUBSTITUTE SENATE BILL NO. 5850, 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. 5915, by Senators Patterson and McDonald (by request of Office of Financial Management)

Removing language requiring obsolete or unwanted reports.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5915 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. 5915.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5915 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Bauer, Benton, Costa, Eide, 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, West, Winsley, Wojahn and Zarelli - 45.

Absent: Senator Deccio - 1.

Excused: Senators Brown, Fairley and Sellar - 3.

SENATE BILL NO. 5915, 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. 5987, by Senators Goings, Benton, Bauer, Hochstatter, Costa, Gardner and Rasmussen

Withdrawing accumulated contributions under the law enforcement officers' and fire fighters' retirement system.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, Senate Bill No. 5987 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5987.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5987 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Brown, Fairley and Sellar - 3.

SENATE BILL NO. 5987, 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. 6025, by Senators Bauer, Horn and Patterson (by request of State Board for Community and Technical Colleges)

Allowing purchases for resale by institutions of higher education without using the competitive bid process.

The bill was read the second time.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6025 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. 6025.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6025 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, 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, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Brown and Sellar - 2.

SENATE BILL NO. 6025, 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. 6030, by Senator Snyder

Expanding the designation of the Lewis and Clark Highway.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 6030 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6030.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6030 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, 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, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Brown - 1.

SENATE BILL NO. 6030, 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. 5010, by Senators Kohl-Welles, Hargrove, Long, Goings, Swecker, Winsley, Oke, Benton and Costa

Providing disciplinary sanctions for sexual misconduct by employees of custodial agencies.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5010 was substituted for Senate Bill No. 5010 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. 5010 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. 5010.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5010 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, 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, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Brown - 1.

SUBSTITUTE SENATE BILL NO. 5010, 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. 5012, by Senators Prentice, Winsley and Rasmussen (by request of Pollution Liability Insurance Agency)

Administering the pollution liability insurance program trust account.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5012 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5012.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5012 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, 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, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Brown - 1.

SENATE BILL NO. 5012, 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. 5024, by Senators Loveland and Winsley

Responding to a supreme court ruling regarding property tax value averaging.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5024 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5024.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5024 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, 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, West, Winsley and Wojahn - 47.

Absent: Senators Hargrove and Zarelli - 2.

SENATE BILL NO. 5024, 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. 5032, by Senators Fraser, Winsley, Long, Jacobsen, Bauer, Franklin, Roach, Kline and Rasmussen (by request of Joint Committee on Pension Policy)

Providing a retirement option for certain retirement system members.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5032 was substituted for Senate Bill No. 5032 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5032 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. 5032.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5032 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Absent: Senators Hargrove and Zarelli - 2.

SUBSTITUTE SENATE BILL NO. 5032, 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. 5033, by Senators Winsley, Fraser, Long, Jacobsen, Bauer, Franklin, Roach and Rasmussen (by request of Joint Committee on Pension Policy)

Separating from public employees' retirement system plan 1.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5033 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. 5033.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5033 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; 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, West, Winsley, Wojahn and Zarelli - 49.

SENATE BILL NO. 5033, 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. 5040, by Senators Fairley and Horn (by request of Department of Labor and Industries)

Modifying standards and requirements for the operation and inspection of boilers and other pressure vessels.

The bill was read the second time.

MOTION

On motion of Senator Fairley, the rules were suspended, Senate Bill No. 5040 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. 5040.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5040 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5040, 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. 5066, by Senators Fairley, Hargrove, Benton and Kohl-Welles

Imposing a penalty for state agencies that fail to meet legislative reporting requirements.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 5066 was substituted for Senate Bill No. 5066 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5066 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. 5066.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5066 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; 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, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senators Rasmussen and Swecker - 2.

SUBSTITUTE SENATE BILL NO. 5066, 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. 5103, by Senators Haugen, Swecker, Jacobsen, Fraser, Spanel, Morton and Rasmussen

Changing provisions relating to the state's coastal zone program.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5103 was substituted for Senate Bill No. 5103 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5103 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. 5103.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5103 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5103, 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. 5127, by Senators Kohl-Welles, Hargrove, Long, Heavey, McCaslin, Stevens, Zarelli, Prentice, Kline, Winsley and Costa

Prohibiting law enforcement officers from conducting investigations of abuse or neglect concerning a child for which the officer is a parent, guardian, or foster parent.

The bill was read the second time.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 5127 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. 5127.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5127 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, 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, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senators Brown and Hargrove - 2.

SENATE BILL NO. 5127, 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. 5290, by Senators Fraser, Swecker, Winsley, Fairley, Franklin, Morton, Prentice, Spanel, Jacobsen, Honeyford, Oke and Rasmussen

Changing the freshwater aquatic weeds management program by clarifying funding and creating an advisory committee.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5290 was substituted for Senate Bill No. 5290 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 1, after "than" strike "two-thirds" and insert "one-third"

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5290 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 Hargrove 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. 5290.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5290 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Hargrove - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5290, 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 Eide, Senator Fairley was excused.

SECOND READING

SENATE BILL NO. 5829, by Senators Thibaudeau and Loveland

Allowing providers of occupational therapy and physical therapy to become shareholders in a professional services corporation.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5829 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5829.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5829 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Fairley - 1.

SENATE BILL NO. 5829, 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. 5141, by Senators Thibaudeau, Deccio, Prentice and Winsley (by request of Department of Health)

Allowing the department of health to charge a fee for newborn screening services.

The bill was read the second time.

MOTIONS

On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendment was adopted:

On page 1, line 18, after "screened" strike ", for supplying services under this section" and insert "to fund specialty clinics that provide treatment services for hemoglobin diseases, phenylketonuria, congenital adrenal hyperplasia, and congenital hypothyroidism"

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Senate Bill No. 5141 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. 5141.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5141 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, 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, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Brown - 1.

ENGROSSED SENATE BILL NO. 5141, 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. 5011, by Senators Long, Hargrove, Franklin, Loveland, Winsley, Patterson, Deccio, McCaslin, Goings, Oke and Costa

Changing provisions relating to dangerous mentally ill offenders.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5011 was substituted for Senate Bill No. 5011 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5011 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. 5011.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5011 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5011, 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. 5608, by Senators Snyder, McDonald, Loveland, West, Bauer, Hale, Rasmussen and Oke (by request of Department of Revenue)

Revising the machinery and equipment tax exemption for manufacturers and processors for hire.

MOTIONS

On motion of Senator Snyder, Substitute Senate Bill No. 5608 was substituted for Senate Bill No. 5608 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Snyder, the following striking amendment by Senators Snyder and Loveland was adopted:

On page 1, strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the application of the manufacturer's machinery and equipment sales and use tax exemption has, in some cases, been difficult and confusing for taxpayers. In this act, the legislature clarifies the original intent of the exemption and its application by explicitly and clearly defining those items of machinery and equipment that are exempt from tax. This act clarifies the definition of "manufacturing" by defining those logging, rock crushing, and testing activities that are exempt and clarifies the definition of "used directly" by clearly stating that, in order to qualify for the exemption, the machinery and equipment must be used so that the major benefit is for exempt purposes.

Sec. 2. RCW 82.04.120 and 1998 c 168 s 1 are each amended to read as follows:

"To manufacture" embraces all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful substance or article of tangible personal property is produced for sale or commercial or industrial use, and shall include: (1) The production or fabrication of special made or custom made articles; ((and)) (2) the production or fabrication of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; (3) cutting, delimbing, and measuring of felled, cut, or taken trees; and (4) crushing and/or blending of rock, sand, stone, gravel, or ore.

"To manufacture" shall not include: Conditioning of seed for use in planting; cubing hay or alfalfa; ((or)) activities which consist of cutting, grading, or ice glazing seafood which has been cooked, frozen, or canned outside this state; or the growing, harvesting, or producing of agricultural products.

Sec. 3. RCW 82.08.02565 and 1998 c 330 s 1 are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule. The seller shall retain a copy of the certificate for the seller's files.

(2) For purposes of this section and RCW 82.12.02565:

(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities, and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation or research and development operation.

(b) "Machinery and equipment" does not include:

(i) Hand-powered tools;

(ii) Property with a useful life of less than one year;

(iii) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and

(iv) Building fixtures that are not integral to the manufacturing operation or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.

(c) Machinery and equipment is "used directly" in a manufacturing operation or research and development operation if for at least fifty percent of its use, as measured by time, value, volume, or other measurement for comparison, the machinery and equipment:

(i) Acts upon or interacts with an item of tangible personal property;

(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site;

(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property either at the site or away from the site, such as the road testing, air testing, or water testing of products, or other testing that cannot be done at the manufacturing site because of the nature of the testing involved;

(iv) Provides physical support for or access to tangible personal property;

(v) Produces power for, or lubricates machinery and equipment;

(vi) Produces another item of tangible personal property for use in the manufacturing operation or research and development operation;

(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or

(viii) Is integral to research and development as defined in RCW 82.63.010.

(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. ((The)) A manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the ((finished product)) processed material leaves the manufacturing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which

the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.

(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.

NEW SECTION. Sec. 4. The legislature intends that sections 2 and 3 of this act be clarifying in nature and are retroactive in response to the administrative difficulties encountered in implementing the original legislation.

Sec. 5. RCW 82.08.02565 and 1999 c . . . s 3 (section 3 of this act) are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, to sales to a person engaged in testing for a manufacturer or processor for hire of machinery and equipment used directly in a testing operation, or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule. The seller shall retain a copy of the certificate for the seller's files.

(2) For purposes of this section and RCW 82.12.02565:

(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities, and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation, testing operation, or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation, testing operation, or research and development operation.

(b) "Machinery and equipment" does not include:

(i) Hand-powered tools;

(ii) Property with a useful life of less than one year;

(iii) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and

(iv) Building fixtures that are not integral to the manufacturing operation, testing operation, or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.

(c) Machinery and equipment is "used directly" in a manufacturing operation, testing operation, or research and development operation if for at least fifty percent of its use, as measured by time, value, volume, or other measurement for comparison, the machinery and equipment:

(i) Acts upon or interacts with an item of tangible personal property;

(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site or testing site;

(iv) Provides physical support for or access to tangible personal property;

(v) Produces power for, or lubricates machinery and equipment;

(vi) Produces another item of tangible personal property for use in the manufacturing operation, testing operation, or research and development operation;

(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or

(viii) Is integral to research and development as defined in RCW 82.63.010.

(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. A manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the processed material leaves the manufacturing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.

(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.

(g) "Testing" means activities performed to establish or determine the properties, qualities, and limitations of tangible personal property.

(h) "Testing operation" means the testing of tangible personal property for a manufacturer or processor for hire. A testing operation begins at the point where the tangible personal property enters the testing site and ends at the point where the tangible personal property leaves the testing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the site of which the cogeneration project is an integral part. The term does not include the production of electricity by a light and power business as defined in RCW 82.16.010 or the preparation of food products on the premises of a person selling food products at retail.

Sec. 6. RCW 82.12.02565 and 1998 c 330 s 2 are each amended to read as follows:

The provisions of this chapter shall not apply in respect to the use by a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation or to the use by a person engaged in testing for a manufacturer or processor for hire of machinery and equipment used directly in a testing operation.

NEW SECTION. Sec. 7. Sections 1 through 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION. Sec. 8. Sections 5 and 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1999."

MOTIONS

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

On page 1, line 2 of the title, after "eligibility;" strike the remainder of the title and insert "amending RCW 82.04.120, 82.08.02565, 82.08.02565, and 82.12.02565; creating new sections; providing an effective date; and declaring an emergency."

On motion of Senator Snyder, the rules were suspended, Engrossed Substitute Senate Bill No. 5608 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5608.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5608 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5608, 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. 5668, by Senators West, T. Sheldon, Patterson, Heavey, Snyder, Oke, Costa and Rasmussen

Allowing school districts and organizations that provide volunteers to school districts to share criminal background information concerning volunteers.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5668 was substituted for Senate Bill No. 5668 and the substitute bill was placed on second reading and read the second time.

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

On page 1, beginning after line 6, strike all material through "volunteer" on page 1, line 9, and insert "If a volunteer alerts a school district that the volunteer"

On page 1, beginning on line 12, after "school" strike all material through "check" on page 1, line 13

On page 1, line 13, strike "shall" and insert "may"

On page 2, line 1, after "information" strike "must" and insert "shall"

On page 2, line 2, after "school" strike "within ten calendar days"

On page 2, after line 6, strike all material through "children." on page 2, line 10

MOTION

On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 5668 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. 5668.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5668 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, 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, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Eide - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5668, 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. 5573, by Senators Horn, Johnson, Costa, Patterson and Winsley (by request of Washington State Patrol)

Improving criminal history record dispositions.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5573 was substituted for Senate Bill No. 5573 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. 5573 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. 5573.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5573 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, 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, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Kline - 1.

SUBSTITUTE SENATE BILL NO. 5573, 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. 5580, by Senators Wojahn, Roach, Thibaudeau, Fairley, Spanel, Prentice and Kohl-Welles

Paying industrial insurance benefits during appeal.

The bill was read the second time.

MOTIONS

On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendment was adopted:

On page 7, after line 17, delete all of NEW SECTION. Sec. 8. on lines 18 through 21.

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

On page 1, line 4, after "RCW;" insert "and" and after "new section" delete "; and declaring an emergency"

MOTION

On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 5580 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5580.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5580 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; 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, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 21.

ENGROSSED SENATE BILL NO. 5580, 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 Roach, the following resolution was adopted:

SENATE RESOLUTION 1999-8649

By Senators Roach, Stevens, Franklin and Rasmussen

WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals who reflect standards of excellence; and

WHEREAS, Melanie Kosoff has demonstrated outstanding achievement as the highest ranked female weightlifter in the nation and the only American to set a world record since 1992; and

WHEREAS, Melanie Kosoff is a two-time Olympic-style weightlifting national champion, and the first United States woman to clean and jerk twice her body weight; and

WHEREAS, Melanie Kosoff, a remarkable athlete, has dedicated her time and effort to representing Washington State and the United States at the 2000 Olympic Games where women's weightlifting will make its debut; and

WHEREAS, As the founder of the nonprofit organization, the Big Mountain Association, Melanie has demonstrated her commitment to community service by promoting health education and supporting future Olympic hopefuls; and

WHEREAS, Melanie Kosoff will lead the women's national team in its first appearance at the Pan American Games in Winnipeg, Canada, in August of 1999;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the outstanding athletic achievement of Melanie Kosoff; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Melanie Kosoff.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Melanie Kosoff, who was seated in the gallery with her husband Dan Roach, her parents and grandparents, guests of Senator Pam Roach.

MOTION

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

SENATE RESOLUTION 1999-8637

By Senators Sellar and Rasmussen

WHEREAS, On the 13th day of March 1899, the Legislature of the state of Washington created Chelan County; and

WHEREAS, Through the initiative and diligence of it citizens, Chelan County has been an integral part of the vital and vibrant economy of the state of Washington; and

WHEREAS, Through its production of apples and other fruits, Chelan County has greatly contributed in making the state of Washington one of the leading agricultural states of the union; and

WHEREAS, Chelan County's unparalleled beauty and recreational opportunities have made it a magnet for tourism in the state of Washington; and

WHEREAS, The educational and training opportunities of Chelan County have provided a highly trained, motivated, and capable work force for industry in the state of Washington; and

WHEREAS, Chelan County, as the geographic center of the state of Washington, provides a crossroad for commerce, culture, and communication for all of the state of Washington;

NOW, THEREFORE, BE IT RESOLVED, That Chelan County and its citizens be recognized for its many accomplishments and contributions to the state of Washington, and that all citizens of our great state are hereby urged to join in the celebration of the centennial of Chelan County; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Chelan County legislative authority.

MOTION

At 11:13 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 1:03 p.m. by President Owen.

MOTION

On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.

SECOND READING

SENATE BILL NO. 5149, by Senators Thibaudeau, Johnson and Winsley

Revising provisions relating to occupational therapy.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5149 was substituted for Senate Bill No. 5149 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. 5149 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, Senators Fairley, Fraser, Loveland and Snyder were excused.

MOTION

On motion of Senator Deccio, Senators Sellar, West and Winsley were excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5149.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5149 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 4; Excused, 7.

Absent: Senators Benton, Kline, Spanel and Zarelli - 4.

Excused: Senators Fairley, Fraser, Loveland, Sellar, Snyder, West and Winsley - 7.

SUBSTITUTE SENATE BILL NO. 5149, 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.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the Gongaza Basketball team and their mascot, who were seated in the gallery. The team was visiting the capitol between games in the NCAA West Regional Basketball Tournament in Seattle.

SECOND READING

SENATE BILL NO. 5186, by Senator Rasmussen (by request of Department of Agriculture)

Certifying planting stock.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5186 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Honeyford, Senators Benton and Zarelli were excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5186.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5186 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, 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, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Wojahn - 42. Excused: Senators Benton, Fairley, Fraser, Loveland, Sellar, Winsley and Zarelli - 7. SENATE BILL NO. 5186, 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. 5188, by Senators Rasmussen and Morton (by request of Department of Agriculture)

Regulating private applicator licenses.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5188 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. 5188.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5188 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Wojahn - 43.

Excused: Senators Benton, Fairley, Loveland, Sellar, Winsley and Zarelli - 6.

SENATE BILL NO. 5188, 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. 5194, by Senators Brown, Rossi, Fraser, Finkbeiner, Gardner and Winsley (by request of Department of Information Services)

Changing information technology management provisions.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Senate Bill No. 5194 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Deccio, Senator McCaslin was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5194.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5194 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, West, Winsley and Wojahn - 47.

Excused: Senators Loveland and Zarelli - 2.

SENATE BILL NO. 5194, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President advanced the Senate to the seventh order of business.

There being no objection, the Senate resumed consideration of Senate Bill No. 5020 and the pending motion by Senator Roach to suspend the rules and return the bill to second reading, deferred on third reading March 5, 1999.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Roach to suspend the rules and return Senate Bill No. 5020 to second reading..

The motion by Senator Roach failed.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5020.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5020 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Kline, Kohl-Welles, McAuliffe, Morton, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 35.

Voting nay: Senators Benton, Honeyford, Horn, Johnson, Long, McDonald, Oke, Roach, Rossi, Sheahan, West and Zarelli - 12.

Excused: Senators Loveland and McCaslin - 2.

SENATE BILL NO. 5020, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

SECOND READING

SENATE BILL NO. 5325, by Senators Haugen, McCaslin, Rasmussen, Stevens, Goings, Winsley, Patterson, Spanel and Roach

Establishing unincorporated area councils.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5325 was substituted for Senate Bill No. 5325 and the substitute bill was placed on second reading and read the second time.

Senator Spanel moved that the following amendment be adopted:On page 1, line 18, after "36.70A RCW" insert "other than a county consisting entirely of islands with a population of less than fifty thousand"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Spanel on page 1, line 18, to Substitute Senate Bill No. 5325.

The motion by Senator Spanel failed and the amendment was not adopted on a rising vote.

MOTION

On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5325 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. 5325.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5325 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Thibaudeau, Winsley and Wojahn - 28.

Voting nay: Senators Benton, Deccio, Finkbeiner, Fraser, Hale, Honeyford, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Spanel, Sevens, Swecker, West and Zarelli - 20.

SUBSTITUTE SENATE BILL NO. 5325, 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. 5331, by Senators Brown, Goings, Patterson, Eide, Winsley and Rasmussen

Establishing public utility tax credits for weatherization and energy assistance programs.

MOTIONS

On motion of Senator Brown, Second Substitute Senate Bill No. 5331 was substituted for Senate Bill No. 5331 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Brown, the rules were suspended, Second Substitute Senate Bill No. 5331 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5331.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5331 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, 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, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Horn - 1.

Excused: Senator Loveland - 1.

SECOND SUBSTITUTE SENATE BILL NO. 5331, 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. 6010, by Senators West, Jacobsen and Sheahan

Creating operating fees waivers not supported by state general fund appropriations.

The bill was read the second time.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6010 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. 6010.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6010 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senators Deccio, Fraser, McDonald and Spanel - 4.

Excused: Senator Loveland - 1.

SENATE BILL NO. 6010, 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. 5113, by Senator T. Sheldon

Requiring a formal hearing on proposed water company rate increases when requested by affected customers.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5113 was substituted for Senate Bill No. 5113 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5113 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. 5113.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5113 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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Loveland - 1.

SUBSTITUTE SENATE BILL NO. 5113, 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. 5909, by Senator Fairley

Modifying the job skills program.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 5909 was substituted for Senate Bill No. 5909 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 18, after "areas;" strike "and"

On page 2, line 22, after "employees" insert "; and

(e) Provide for specialized vocational training at a private career school or college at the request of a recipient eligible under subsection (1)(b) of this section. Available tuition for the training is limited to the amount that would otherwise be payable per enrolled quarter to a public institution"

On page 3, line 25, after "postsecondary institution" strike "or an independent institution" and insert "((or)), an independent institution, or a private career school or college"

MOTION

On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 5909 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. 5909.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5909 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, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Loveland - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5909, 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. 5819, by Senators Shin, Costa and Eide (by request of Governor Locke)

Modifying the benefits period for certain unemployed workers.

The bill was read the second time.

MOTIONS

On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendments were considered simultaneously and were adopted:On page 1, line 11 , after "defined" insert "in"

On page 2, line 7, after "fishers" insert ", but the additional benefits for these three categories of workers shall be discontinued as of June 30, 2001"

On page 3, line 36, after "to be a" strike "displaced" and insert "dislocated"

On page 6, line 16, after "(3)(a)" strike "Beginning July 1, 1985, a" and insert "((Beginning July 1, 1985, a)) A"

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

On page 7, after line 3, insert the following:

"Sec. 3. RCW 43.131.385 and 1997 c 367 s 18 are each amended to read as follows:

The rural natural resources impact area programs shall be terminated on June 30, 2000, as provided in RCW 43.131.386, except for the program under RCW 50.22.090, which shall be terminated June 30, 2001."

Renumber the sections consecutively and correct any internal references accordingly.

MOTIONS

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

On page 1, line 2 of the title, after "50.22.090" strike "and 50.29.020" and insert ", 50.29.020, and 43.131.385"

On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 5819 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5819.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5819 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 33.

Voting nay: Senators Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Stevens and West - 16.

ENGROSSED SENATE BILL NO. 5819, 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, Senator West was excused.

SECOND READING

SENATE BILL NO. 5470, by Senators Kline, Oke, Fairley, Prentice, Spanel, Wojahn, Franklin, McAuliffe, Winsley, Roach and Costa

Studying chemically related illnesses and injuries.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 5470 was substituted for Senate Bill No. 5470 and the substitute bill was placed on second reading and read the second time.

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

On page 1, line 5, after "growth in" insert "occupational disease and"

On page 1, line 13, after "must" strike "meet a minimum standard" and insert "receive medical evidence"

On page 1, line 15, after "study" insert ", subject to the confidentiality requirements under RCW 51.28.070,"

On page 2, line 23, after "in the" insert "medical"

On page 2, line 26, after "in the" insert "medical"

On page 2, line 28, after "determining the" insert "medical"

On page 2, line 29, after "condition" strike the ";" and all material down to and including "state" on page 2, line 33

MOTION

Senator Hochstatter moved that the following striking amendment by Senators Hochstatter, Stevens and Swecker be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that chemically related claims continue to present unique challenges to the state industrial insurance system. Many of these claims are difficult to diagnose and create real hardship for individuals who suffer from related heath problems. At the same time, many of these claims are not work-related, but nonetheless result in extensive litigation which imposes great costs and hardship on employers.

The legislature further recognizes that the department of labor and industries, in order to accept a claim for a chemically related illness, or any other occupational disease, must meet a minimum standard of causality in the relationship between a putative exposure and a claimed illness.

NEW SECTION. Sec. 2. A study shall be conducted to determine:

(1) Which occupational diseases should be considered chemically related illnesses so that an accurate annual count of such illnesses may be reported;

(2) The best method of reporting such diseases annually, including the most accurate set of available or obtainable data elements;

(3) A review of relevant scientific literature regarding the criteria for determining causality or whether there is a relation to employment in occupational diseases. This review shall at least include:

(a) Methods generally accepted in the determination of whether an exposure or exposures are likely to be toxic and/or causative;

(b) Methods generally accepted in the determination of the presence or absence of a definable clinical condition;

(d) How the methods enumerated in 3(a), 3(b), and 3(c) of this section relate to the current statutory, regulatory, case law, policy and claims administration criteria for determining causality in occupational diseases in Washington state.

(4) A review of industries with the highest incident rates of chemically related illnesses and an examination of incident rates and outcomes in other states with similar industries;

(5) The most appropriate approach to better utilize SHARP and University of Washington programs funded by the department of labor and industries to expand medical research and cooperative efforts in areas where existing research is not adequate.

NEW SECTION. Sec. 3. The Workers' Compensation Advisory Committee shall advise and provide oversight to the study described in section 3 of this act. The committee shall report back to the legislature on an interim basis by December 31, 1999, and with a final report by June 30, 2000. The final report shall make only recommendation which represent a consensus of the committee.

NEW SECTION. Sec. 4. (1) The department of labor and industries may contract with one or more experts in occupational medicine, industrial hygiene, toxicology, epidemiology, or any other appropriate

field to conduct this study.

(2) The sum of $250,000 dollars shall be allocated from the Medical Aid Fund, with self-insured employers and the state fund each paying a proportionate share for the purposes of conducting the study."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hochstatter, Stevens and Swecker to Substitute Senate Bill No. 5470.

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

MOTION

On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5470 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. 5470.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5470 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Roach, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 30.

Voting nay: Senators Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Honeyford, Horn, Johnson, Loveland, McCaslin, McDonald, Morton, Rossi, Sellar, Sheahan, Sheldon, T. and Swecker - 17.

Absent: Senator Rasmussen - 1.

Excused: Senator West - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5470, 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 Eide, Senator Patterson was excused.

STATEMENT FOR THE JOURNAL

Although I was excused from the Senate Floor during the March 12, 1999, vote on Substitute Senate Bill No. 5491, I wish to express my support for this legislation. I would have voted in favor of Substitute Senate Bill No. 5491.

SENATOR JULIA PATTERSON, 33rd District

SECOND READING

SENATE BILL NO. 5491, by Senators Costa, Roach, Franklin, Thibaudeau, McAuliffe and Kline

Using apprentices on public works projects.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5491 was substituted for Senate Bill No. 5491 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. 5491 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. 5491.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5491 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 25.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 23.

Excused: Senator Patterson - 1.

SUBSTITUTE SENATE BILL NO. 5491, 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. 5291, by Senators Franklin, Winsley, Fairley, Prentice, Kohl-Welles, Patterson, Roach, Hargrove, Goings, Heavey and Gardner

Creating the crime of aggressive driving to combat road rage.

The bill was read the second time.

MOTION

On motion of Senator Franklin, the rules were suspended, Senate Bill No. 5291 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. 5291.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5291 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 32.

Voting nay: Senators Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 17.

SENATE BILL NO. 5291, 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. 5944, by Senators Haugen and Snyder

Describing those lands eligible to be included in a city district aquatic lands management agreement.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5944 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5944.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5944 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5944, 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. 5536, by Senators Spanel and Gardner

Requiring a review and report on the adequacy of department of natural resources management plans of forest lands within watersheds.

MOTIONS

On motion of Senator Jacobsen, Second Substitute Senate Bill No. 5536 was substituted for Senate Bill No. 5536 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Spanel, the rules were suspended, Second Substitute Senate Bill No. 5536 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5536.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5536 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senators Bauer and McDonald - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5536, 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 Rasmussen, Senator Prentice was excused.

SECOND READING

SENATE BILL NO. 6004, by Senators Winsley, Prentice, Hale, Shin, Goings and Rasmussen

Certifying resident managers of mobile home parks.

MOTION

Senator Winsley moved that Senate Bill No. 6004 not be substituted.

The President declared the question before the Senate to be the motion by Senator Winsley that Senate Bill No. 6004 not be substituted.

The motion by Senator Winsley carried and Senate Bill No. 6004 was not substituted.

The bill was read the second time.

MOTION

Senator Winsley moved that the following striking amendment by Senators Winsley, Tim Sheldon, Benton, Hale and Prentice be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The purpose of this chapter is to establish a certification program for managers of mobile home parks.

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

(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 7 of this act.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Mobile home park" has the same meaning as in RCW 59.20.030.

(5) "Mobile home park management" means those actions, functions, or duties related to the management of a mobile home park.

(6) "Mobile home park manager" means a person who performs mobile home park management duties and is required to be certified under this chapter to perform mobile home park management services and includes resident owners of mobile home parks who perform management duties.

NEW SECTION. Sec. 3. (1) A person shall not manage a mobile home park in this state for any mobile home park with more than fifteen mobile home lots until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter.

(2) A corporation, partnership, trust, association, sole proprietor, or other like organization may own or operate a mobile home park or engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers subject to this act in the direct provision of the entities engaging in the business of mobile home park management.

NEW SECTION. Sec. 4. (1) The director shall not issue an initial certificate of registration to any person to act as a mobile home park manager until that person has:

(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;

(b) Attended and completed a department-approved training course for mobile home park managers;

(c) Passed an examination approved by the department which demonstrates that the applicant has a fundamental knowledge of the mobile home landlord-tenant act under chapter 59.20 RCW; and

(d) Paid to the director a fee as prescribed in section 8 of this act.

(2) Certificates of registration are effective on the date issued by the department and must be renewed annually.

(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of four hours of continuing education annually may be required by the department for renewal of certification.

(4) As of the effective date of this section, mobile home park managers may present a verification of having successfully completed a training course conducted by a state-wide trade association of mobile home parks, which will satisfy the initial training requirement for one year and entitle the park manager to certification for that year.

NEW SECTION. Sec. 5. The department shall contract with a state-wide trade association exclusively representing mobile home parks for the delivery of training courses required by this chapter. The trade association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council created under section 7 of this act, shall approve the curriculum of the training program.

NEW SECTION. Sec. 6. (1) The department, in consultation with the advisory council created in section 7 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons.

(2) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.

NEW SECTION. Sec. 7. (1) There is created an advisory council on mobile home park manager training and certification. The council shall consist of four members as follows: Two members of the council shall be residents of mobile home parks and two members shall be owners of mobile home parks. The resident members of the council shall be selected from nominees submitted by the mobile home owners of America. The park owner members of the council shall be selected from nominees submitted by the manufactured housing communities of Washington. The director shall appoint the members for terms of two years. The advisory council shall select a chair from its members for a two-year term.

(2) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The functions of the advisory council are to:

(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers and the fees to be charged under section 8 of this act; and

(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.

(4) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by rule.

(5) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION. Sec. 8. The department shall charge fees for the application, issuance, and renewal of certificates of registration. The department shall set fees by rule.

NEW SECTION. Sec. 9. A violation of this chapter is a class 1 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 10. Sections 3 and 4 of this act take effect July 1, 2000.

NEW SECTION. Sec. 11. 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. 12. Sections 1 through 11 of this act constitute a new chapter in Title 18 RCW."

POINT OF INQUIRY

Senator McCaslin: “Senator Winsley, on the first page, line 34, it says, 'without being certified if it employs, retains, or contracts with certified natural persons.' Now, what is a 'certified natural person?'”

Senator Winsley: “Someone like you.”

Senator McCaslin: “Someone like me or someone exactly like me?”

Senator Winsley: “Exactly like you.”

Senator McCaslin: “Are there people other than natural persons on this earth?”

Senator Winsley: “Not that I know of.”

Senator McCaslin: “I think this is a mistake--seriously.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Winsley, Tim Sheldon, Benton, Hale and Prentice to Senate Bill No. 6004.

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

MOTIONS

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

On page 1, line 2 of the title, after "parks;" strike the remainder of the title and insert "adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date."

On motion of Senator Winsley, the rules were suspended, Engrossed Senate Bill No. 6004 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6004.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6004 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Patterson, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 30.

Voting nay: Senators Deccio, Finkbeiner, Hochstatter, Honeyford, Johnson, Long, McCaslin, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Shin, Stevens, Swecker, West and Zarelli - 18.

Excused: Senator Prentice - 1.

ENGROSSED SENATE BILL NO. 6004, 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. 5657, by Senators Kohl-Welles, Jacobsen and Fairley

Operating veterinary medical facilities.

MOTIONS

On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5657 was substituted for Senate Bill No. 5657 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5657 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. 5657.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5657 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 40.

Voting nay: Senators Hochstatter, Honeyford, Johnson, Roach, Rossi, West and Zarelli - 7.

Absent: Senator Fraser - 1.

Excused: Senator Prentice - 1.

SUBSTITUTE SENATE BILL NO. 5657, 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, the Senate reverted to the third order of business.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 15, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Linda Lanham, reappointed January 15, 1999, for a term ending January 4, 2005, as a member of the Personnel Resources Board.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Labor and Workforce Development.

March 12, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Don Miller, reappointed September 29, 1998, for a term ending October 1, 2000, as a member of the Small Business Export Finance Assistance Center Board of Directors.

Sincerely,

GARY LOCKE, Governor

Referred to the Committee on Commerce, Trade, Housing and Financial Institutions.

MOTION

At 3:31 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 5:45 p.m. by President Owen.

MOTION

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

SECOND READING

SENATE BILL NO. 5211, by Senators Costa, Roach, Fairley, Goings, West and Winsley

Clarifying the jurisdiction over drunk drivers.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

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

MOTION

On motion of Senator Honeyford, Senators Sheahan and West were excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5211.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5211 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 44.

Absent: Senator McAuliffe - 1.

Excused: Senators Franklin, Sheahan, Thibaudeau and West - 4.

SENATE BILL NO. 5211, 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. 5662, by Senators Finkbeiner, Brown and Winsley (by request of Secretary of State Munro)

Studying on-line voting.

The bill was read the second time.

MOTIONS

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

On page 2, after line 11, delete all of section 2.

On page 2, line 16, delete "Sections 1 and 2 of this act expire" and insert "Section 1 of this act expires"

Renumber the remaining section consecutively.

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

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

MOTION

On motion of Senator Patterson, the rules were suspended, Engrossed Senate Bill No. 5662 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 Snyder, Senator McAuliffe was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5662.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5662 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 16; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheldon, B., Snyder, Spanel, Swecker, Winsley and Wojahn - 29.

Voting nay: Senators Benton, Deccio, Goings, Hargrove, Haugen, Hochstatter, Honeyford, Long, McCaslin, Morton, Rossi, Sheldon, T., Shin, Stevens, West and Zarelli - 16.

Excused: Senators Franklin, McAuliffe, Sheahan and Thibaudeau - 4.

ENGROSSED SENATE BILL NO. 5662, 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. 5604, by Senators Deccio, Wojahn, Winsley, Costa, Franklin and Thibaudeau

Identifying health care facility workers.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5604 was substituted for Senate Bill No. 5604 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. 5604 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. 5604.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5604 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, 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.

Voting nay: Senators Honeyford and West - 2.

SUBSTITUTE SENATE BILL NO. 5604, 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. 5599, by Senators Prentice, Deccio, Rasmussen, Jacobsen, Hale and Winsley (by request of Governor Locke)

Regulating temporary worker housing.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5599 was substituted for Senate Bill No. 5599 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 70.114A RCW to read as follows:

The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These rules shall establish standards that are at least as effective as the standards developed under the Washington industrial safety and health act, chapter 49.17 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

The department and the department of health shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. For the purposes of this section "temporary worker housing" has the same meaning as given in RCW 70.114A.020.

NEW SECTION. Sec. 3. A new section is added to chapter 70.114A RCW to read as follows:

By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.

The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.

NEW SECTION. Sec. 4. A new section is added to chapter 49.17 RCW to read as follows:

By December 1, 1999, the department and the department of health shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards.

The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation.

For the purposes of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.

NEW SECTION. Sec. 5. A new section is added to chapter 70.114A RCW to read as follows:

(1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are at least as effective as the standards adopted under the Washington industrial safety and health act, chapter 49.17 RCW. As used in this section "cherry harvest temporary labor camp" means a place where housing and related facilities are provided to agricultural employees by agricultural employers for no more than twenty-one days in any one calendar year. Temporary labor camps licensed under this section may be occupied for more than twenty-one days if the following conditions are met: (a) The secretary or an authorized representative and the local health jurisdiction determine that the health and safety interests of the worker occupants would be better served by extending the occupancy than closing the camp at the end of the initial twenty-one day period; and (b) the operator requests an extension at least three days prior to the expiration of the initial twenty-one day period. The extended occupancy shall not exceed seven days.

(2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)).

(3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19.27.031 or 70.114A.081.

Sec. 6. RCW 70.114A.020 and 1995 c 220 s 2 are each amended to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

(2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.

(3) "Department" means the department of health.

(((2))) (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is:

(a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

(b) Physically separated from other sleeping and common-use areas.

(((3))) (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines.

(6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter.

(((4))) (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

(((5))) (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.

(((6))) (9) "Temporary worker" means ((a person)) an agricultural employee employed intermittently and not residing year-round at the same site.

(((7))) (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy((, and includes "labor camps" under RCW 70.54.110)).

Sec. 7. RCW 70.114A.060 and 1995 c 220 s 6 are each amended to read as follows:

The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to the effective date of this act or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to the effective date of this act or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry.

Sec. 8. RCW 70.114A.081 and 1998 c 37 s 2 are each amended to read as follows:

(1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, ((the rules adopted by the state board of health under RCW 70.54.110,)) and the following guidelines:

(a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements;

(b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;

(i) The need for dormitory type housing for groups of unrelated individuals; and

(ii) The need for housing to accommodate families;

(d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law;

(e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy;

(f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and

(g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27.031.

(2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995.

(3) The temporary worker building code authorized and required by this section shall be enforced by the department.

The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section.

NEW SECTION. Sec. 9. A new section is added to chapter 43.70 RCW to read as follows:

For the purposes of RCW 43.70.335, 43.70.337, and 43.70.340, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.

Sec. 10. RCW 43.70.335 and 1998 c 37 s 5 are each amended to read as follows:

(1) Any person providing temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants, or any person providing temporary worker housing who makes the election to comply with the temporary worker building code under RCW 70.114A.081(1)(g), shall secure an annual operating license prior to occupancy and shall pay a fee according to RCW 43.70.340. The license shall be conspicuously displayed on site.

(2) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person providing temporary worker housing to comply with ((the provisions of RCW 70.54.110, or of any)) rules adopted under this section or chapter 70.114A RCW by the department. All such proceedings shall be governed by the provisions of chapter 34.05 RCW.

(3) The department may assess a civil fine in accordance with RCW 43.70.095 for failure or refusal to obtain a license prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the operator obtains a valid operating license.

(4) Civil fines under this section shall not exceed twice the cost of the license plus the cost of the initial on-site inspection for the first violation of this section, and shall not exceed ten times the cost of the license plus the cost of the initial on-site inspection for second and subsequent violations within any five-year period. The department may adopt rules as necessary to assure compliance with this section.

NEW SECTION. Sec. 11. A new section is added to chapter 70.114A RCW to read as follows:

The department shall prepare a report to the legislature on utilization of the temporary worker building code authorized by RCW 70.114A.081. The report shall include the number of housing units, number of families or individuals housed, number of growers obtaining permits, the geographic distribution of the permits, and recommendations of changes in the temporary worker building code necessary to avoid health and safety problems for the occupants. The report shall be transmitted to the senate committee on commerce, trade, housing and financial institutions and the house of representatives committee on economic development, housing and trade by December 15, 2000, and an update shall be transmitted every two years thereafter.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 43.70.330 and 1998 c 245 s 74, 1995 c 399 s 75, & 1990 c 253 s 2; and

(2) RCW 70.54.110 and 1995 c 220 s 11, 1990 c 253 s 4, & 1969 ex.s. c 231 s 1.

NEW SECTION. Sec. 13. Rules adopted under RCW 70.54.110 prior to the effective date of this act shall remain in effect until modified."

MOTIONS

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

On page 1, line 2 of the title, after "duties;" strike the remainder of the title and insert "amending RCW 70.114A.020, 70.114A.060, 70.114A.081, and 43.70.335; adding new sections to chapter 70.114A RCW; adding new sections to chapter 49.17 RCW; adding a new section to chapter 43.70 RCW; creating a new section; and repealing RCW 43.70.330 and 70.54.110."

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5599 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. 5599.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5599 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5599, 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, Senator Sellar was excused.

SECOND READING

SENATE BILL NO. 5590, by Senators Thibaudeau, Deccio, Wojahn and Winsley (by request of Superintendent of Public Instruction Bergeson)

Expanding the health professionals who may request administration of oral medication at school.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5590 was substituted for Senate Bill No. 5590 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. 5590 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. 5590.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5590 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, 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, West, Winsley, Wojahn and Zarelli - 47. Absent: Senator Fairley - 1. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5590, 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. 6065, by Senators Wojahn and Winsley

Providing an excise tax exemption for property owned, operated, or controlled by a public corporation.

The bill was read the second time.

MOTION

On motion of Senator Wojahn, the rules were suspended, Senate Bill No. 6065 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6065.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6065 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6065, 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. 6058, by Senators Loveland, Honeyford, Sellar, Oke, Stevens and Rasmussen (by request of Department of Revenue)

Providing that growing or packing agricultural products is not a manufacturing activity for tax purposes.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 6058 was substituted for Senate Bill No. 6058 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6058 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. 6058.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6058 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, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Kohl-Welles - 1.

SUBSTITUTE SENATE BILL NO. 6058, 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. 5800, by Senator Rasmussen (by request of Department of Agriculture)

Regulating commercial fertilizer.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5800 was substituted for Senate Bill No. 5800 and the substitute bill was placed on second reading and read the second time.

Senator Rasmussen moved that the following amendments by Senators Rasmussen and Stevens be considered simultaneously and be adopted:

On page 4, line 10, after "they" strike "can" and insert "may"

On page 4, line 11, after "which are" strike "injurious" and insert "harmful"

On page 5, line 8, after "custodian" insert ". Such costs shall not be the responsibility of a distributor, owner, or custodian who is either the final user of the commercial fertilizer or whose role is limited to that of a transporter of the commercial fertilizer, but instead shall be the responsibility of other distributors, owners, or custodians

On page 5, line 34, after "fertilizer" insert ". Disposal costs shall not be the responsibility of a distributor, owner, or custodian who is either the final user of the commercial fertilizer or whose role is limited to that of a transporter of the commercial fertilizer, but instead shall be the responsibility of other distributors, owners, or custodians"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Rasmussen and Stevens on page 4, lines 10 and 11, and page 5, lines 8 and 34, to Substitute Senate Bill No. 5800.

The motion by Senator Rasmussen carried and the amendments were adopted.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute Senate Bill No. 5800 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. 5800.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5800 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 3; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.

Voting nay: Senators Kohl-Welles, McAuliffe, Thibaudeau and Wojahn - 4.

Absent: Senators Finkbeiner, Hargrove and McDonald - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5800, 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. 5208, by Senators Rasmussen, Stevens, T. Sheldon and Morton

Labeling of specialty fertilizers.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5208 was substituted for Senate Bill No. 5208 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 15.54.340 and 1998 c 36 s 6 are each amended to read as follows:

(1) Any commercial fertilizer distributed in this state shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:

(a) The net weight;

(b) The product name, brand, and grade. The grade is not required if no primary nutrients are claimed;

(d) The name and address of the registrant or licensee. The name and address of the manufacturer, if different from the registrant or licensee, may also be stated;

(e) Any information required under WAC 296-62-054;

(f) (i) For products labeled by July 1, 1999, at a minimum, the following labeling statement: (("This product has been registered with the Washington State Department of Agriculture. When applied as directed, this fertilizer meets the Washington standards for arsenic, cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc. You have the right to receive specific information about Washington standards from the distributor of this product.";

(g) After July 1, 1999, the label must also state:)) "Information received by the Washington State Department of Agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/((.))";

(ii) For products not labeled by July 1, 1999, and for all products after July 1, 2000, at a minimum, the following statement: "Information regarding the levels of metals in this product is available on the internet at http://www.wa.gov/agr/"; and

(((h))) (g) Other information as required by the department by rule.

(2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

(3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request: PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information: The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.

(((4) Any person who distributes a commercial fertilizer in this state shall make available to the purchaser on request, a copy of standards for metals established in RCW 15.54.800.))

NEW SECTION. Sec. 2. By January 1, 2000, the department of agriculture shall establish guidelines recommending the size of the type for the label requirement in RCW 15.54.340(1)(f).

NEW SECTION. Sec. 3. A new section is added to chapter 15.54 RCW to read as follows:

Specialty fertilizers are exempt from the labeling requirements in RCW 15.54.340(1)(f) if there is a label setting forth in clearly legible and conspicuous form the registrant's or licensee's website placed on or affixed to the package. In order to qualify for this exemption, the website must also have a hypertext link to http://www.wa.gov/agr and contain a statement that information on the metal content of the product is available on that website.

NEW SECTION. Sec. 4. 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 July 1, 1999."

MOTIONS

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

On page 1, line 1 of the title, after "to" strike the remainder of the title and insert "fertilizer labeling language; amending RCW 15.54.340; adding a new section to chapter 15.54 RCW; creating a new section; providing an effective date; and declaring an emergency."

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5208 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. 5208.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5208 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, Deccio, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley and Zarelli - 38.

Voting nay: Senators Brown, Costa, Eide, Fairley, Kline, Kohl-Welles, McAuliffe, Thibaudeau, West and Wojahn - 10.

Absent: Senator Finkbeiner - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5208, 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. 5380, by Senators Goings, Benton, Haugen and Costa (by request of Department of Transportation and Washington State Patrol)

Requiring stops at intersections with nonfunctioning signal lights.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, Senate Bill No. 5380 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Deccio, Senator Finkbeiner was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5380.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5380 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senators Goings, Kohl-Welles, McCaslin and McDonald - 4.

Excused: Senator Finkbeiner - 1.

SENATE BILL NO. 5380, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Franklin, Senator Bauer was excused.

MOTION

On motion of Senator Honeyford, Senator Rossi was excused.

SECOND READING

SENATE BILL NO. 5615, by Senators Horn, Goings, Benton, Gardner, Sellar and Finkbeiner (by request of Legislative Transportation Committee)

Deleting reference to obsolete transportation accounts.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 5615 was substituted for Senate Bill No. 5615 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5615 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. 5615.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5615 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 4; Excused, 3.

Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

Absent: Senators Hale, Hargrove, McCaslin and McDonald - 4.

Excused: Senators Bauer, Finkbeiner and Rossi - 3.

SUBSTITUTE SENATE BILL NO. 5615, 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. 5658, by Senators Spanel, Hargrove and Snyder

Changing shellfish provisions.

MOTIONS

On motion of Senator Jacobsen, Second Substitute Senate Bill No. 5658 was substituted for Senate Bill No. 5658 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Spanel, the following amendments by Senators Spanel, Oke and Jacobsen were considered simultaneously and were adopted:

On page 3, beginning on line 36, strike all material through "persons." on page 4, line 8

On page 6, beginning on line 24, strike all material through "persons." on line 35

MOTION

On motion of Senator Jacobsen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5658 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. 5658.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5658 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, 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, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Bauer, Finkbeiner and Rossi - 3.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5658, 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. 5522, by Senators Fairley and Kohl-Welles

Changing work activity provisions for recipients of temporary assistance for needy families.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 5522 was substituted for Senate Bill No. 5522 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5522 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. 5522.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Roach, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 18.

Excused: Senators Bauer and Rossi - 2.

SUBSTITUTE SENATE BILL NO. 5522, 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. 5933, by Senators Brown and Fraser

Providing for disclosure to consumers regarding the characteristics associated with their electric energy product.

MOTIONS

On motion of Senator Brown, Substitute Senate Bill No. 5933 was substituted for Senate Bill No. 5933 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 5933 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. 5933.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5933 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 28.

Voting nay: Senators Benton, Deccio, Hale, Hargrove, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Sellar, Sheahan, Sheldon, T., Stevens, West and Zarelli - 19.

Excused: Senators Bauer and Rossi - 2.

SUBSTITUTE SENATE BILL NO. 5933, 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. 5681, by Senator Brown

Levying a use tax for the privilege of consuming electricity in the state of Washington.

MOTIONS

On motion of Senator Brown, Second Substitute Senate Bill No. 5681 was substituted for Senate Bill No. 5681 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Brown, the rules were suspended, Second Substitute Senate Bill No. 5681 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5681.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5681 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

Voting nay: Senators Benton, Gardner, Honeyford, McCaslin and Morton - 5.

Excused: Senators Bauer and Rossi - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5681, 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. 6035, by Senator Swecker

Creating the year 2000 citizens' protection act.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 6035 was substituted for Senate Bill No. 6035 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Society is heavily reliant upon computers, technology, and the rapid electronic transfer and exchange of accurate information and data.

(b) Society relies heavily upon computer technology for most aspects of daily living and business, including, but not limited to, financial transactions.

(c) The rapid growth of technology has often outpaced the capabilities of the electronic equipment, software, and hardware that our society utilizes for the exchange and transfer of data and other information.

(d) Recently developed computer technology is the operational basis for much of our current hardware and software, and this technology may not recognize the year 2000 date change.

(e) If computer technology fails to recognize the year 2000 date change, many computer-based systems may fail or cause incorrect data or other information to be processed. This potentially world-wide deficiency in computers is often referred to as the "Y2K bug" and may cause significant problems in the transfer and exchange of data and information in the year 2000 and beyond.

(2) The legislature determines that in order to protect the citizens of the state of Washington, it is appropriate to limit their liability against adverse financial ramifications resulting from year 2000 failures associated with electronic computing devices.

NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

The definitions in this section apply throughout sections 3 through 7 of this act unless the context clearly requires otherwise.

(1) "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment, or other information system that:

(a) Is used to capture, store, manipulate, or process data; or

(b) Controls, monitors, or assists in the operation of physical apparatus that is not primarily used as a computer but that relies on automation or digital technology to function, including, but not limited to, vehicles, vessels, buildings, structures, facilities, elevators, medical equipment, traffic signals, and factory machinery.

(2) "Person" means a natural person.

(3) "Year 2000 failure" means:

(a) With respect to an electronic computing device, a failure, including an electrical or telecommunications failure, that prevents such electronic computing device from accurately interpreting, producing, computing, generating, accounting for, processing, calculating, comparing, or sequencing date or time data from, into, or between the years 1999 and 2000, or with regard to leap year calculations; or

(b) An inability of a business to perform an intended or requested function because of the system failure of another party, including, but not limited to, the failure of a governmental body to provide data, transportation delays, energy failures, or communication failures.

(4) This section expires December 31, 2006.

NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW to read as follows:

(1) A person has an affirmative defense to any claim or action, based on a contract, brought against the person if he or she establishes that:

(a) The default, failure to pay, breach, omission, or other violation that is the basis of the claim against him or her was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device;

(b) The year 2000 failure being asserted was not proximately caused by a failure of the person to update an electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and

(c) If it were not for the year 2000 failure, the person would have been able to satisfy the contractual obligation that was the basis of the claim.

(2) If an affirmative defense as set forth in subsection (1) of this section is established, then the person or entity making the claim may not reassert the claim against which the affirmative defense was asserted for a period of thirty days from the date on which the court dismissed the case as a result of the affirmative defense. Any statute of limitations applicable to the claim shall be tolled for forty-five days upon the dismissal of the case under this section.

(3) The dismissal of an action as the result of the affirmative defense under this section does not impair, extinguish, discharge, satisfy, or otherwise affect the underlying obligation that is the basis of the claim against which the affirmative defense was asserted. However, the inability of a party to bring the claim based upon the obligation is delayed as set forth in subsection (2) of this section.

(4) A person who has established an affirmative defense as set forth in subsection (1) of this section may dispute directly with a credit reporting agency operating in this state any item of information in the person's consumer file relating to the subject of the affirmative defense. The dispute shall be filed in accordance with RCW 19.182.090(6). If requested by the person under this subsection (4), the credit reporting agency shall furnish a statement, made in accordance with RCW 19.182.090(7), to the person and include the statement in the person's consumer file. The credit reporting agency may not charge the person a fee for the inclusion of this statement in the person's consumer file.

(5) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to the year 2000 date change.

(6) This section does not apply to or affect any contract that specifically provides for the year 2000 failure.

(7) This section does not apply to causes of action that arise on or after December 31, 2003.

(8) This section expires December 31, 2006.

NEW SECTION. Sec. 4. A new section is added to chapter 48.18 RCW to read as follows:

(1) Any person who has an insurance policy with an insurer doing business in this state and subject to regulation by the commissioner and who has his or her insurance policy canceled, not renewed, or coverage modified in any way for failure to pay a premium on such policy shall have the policy reinstated with full coverage back to the date the policy was canceled, with no penalties or interest, if the person establishes that:

(a) The failure to pay was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device;

(c) If it were not for the year 2000 failure, the person would have been able to satisfy the payment of premiums in a timely manner.

Payment of such premiums shall be made within thirty days after the year 2000 failure has been corrected.

(2) The definitions in section 2 of this act apply to this section unless the context clearly requires otherwise.

(3) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to the year 2000 date change.

(4) This section does not apply to causes of action that arise on or after December 31, 2003.

(5) This section expires December 31, 2006.

NEW SECTION. Sec. 5. A new section is added to chapter 51.04 RCW to read as follows:

(1) No interest or penalties shall be imposed on any employer because of the failure to pay any premium required by this title to be made to the state treasury for the accident fund, the medical aid fund, the supplemental pension fund, or any other fund created under this title if the employer establishes that:

(a) The failure to pay was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device;

(c) If it were not for the year 2000 failure, the employer would have been able to satisfy the payment of premiums in a timely manner.

Payment of such premiums shall be made within thirty days after the year 2000 failure has been corrected.

(2) The definitions in section 2 of this act apply to this section unless the context clearly requires otherwise.

(3) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to the year 2000 date change.

(4) This section does not apply to causes of action that arise on or after December 31, 2003.

(5) This section expires December 31, 2006.

NEW SECTION. Sec. 6. A new section is added to chapter 82.32 RCW to read as follows:

(1) Notwithstanding any other provision in this chapter, no interest or penalties may be imposed on any person because of the failure to pay excise taxes on or before the date due for payment if the person establishes that:

(a) The failure to pay was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device;

(c) If it were not for the year 2000 failure, the person would have been able to satisfy the payment of taxes in a timely manner.

Payment of such taxes shall be made within thirty days after the year 2000 failure has been corrected.

(2) The definitions in section 2 of this act apply to this section unless the context clearly requires otherwise.

(3) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to the year 2000 date change.

(4) This section does not apply to causes of action that arise on or after December 31, 2003.

(5) This section expires December 31, 2006.

NEW SECTION. Sec. 7. A new section is added to chapter 84.56 RCW to read as follows:

(1) Notwithstanding any other provision in this chapter, no interest or penalties may be imposed on any person because of the failure to pay real or personal property taxes on or before the date due for payment if the person establishes that:

(a) The failure to pay was caused, in whole or in part, by a year 2000 failure associated with an electronic computing device;

(c) If it were not for the year 2000 failure, the person would have been able to satisfy the payment of taxes in a timely manner.

Payment of such taxes shall be made within thirty days after the year 2000 failure has been corrected.

(2) The definitions in section 2 of this act apply to this section unless the context clearly requires otherwise.

(3) This section does not affect those transactions upon which a default has occurred before any disruption of financial or data transfer operations attributable to the year 2000 date change.

(4) This section does not apply to causes of action that arise on or after December 31, 2003.

(5) This section expires December 31, 2006.

NEW SECTION. Sec. 8. This act shall be known and cited as the year 2000 citizens' protection act.

NEW SECTION. Sec. 9. 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 Swecker, the following title amendment was adopted:

On page 1, line 1 of the title, after "act;" strike the remainder of the title and insert "adding new sections to chapter 4.24 RCW; adding a new section to chapter 48.18 RCW; adding a new section to chapter 51.04 RCW; adding a new section to chapter 82.32 RCW; adding a new section to chapter 84.56 RCW; creating new sections; providing expiration dates; and declaring an emergency."

On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 6035 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. 6035.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6035 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Bauer and Rossi - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6035, 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. 5652, by Senators Bauer and Sellar

Increasing statutory limits on appraiser fees in eminent domain proceedings.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5652 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. 5652.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5652 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Excused: Senators Bauer and Rossi - 2.

SENATE BILL NO. 5652, 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. 5492, by Senators Haugen, Long, Shin, Goings and Winsley

Extending protection of transit employees and customers.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5492 was substituted for Senate Bill No. 5492 and the substitute bill was placed on second reading and read the second time.

Senator Bauer moved that the following amendment be adopted:

On page 2, line 1, after "district" insert "or a school employee"

POINT OF ORDER

Senator Finkbeiner: “I reluctantly rise to challenge the scope and object of the amendment. While I think the amendment probably is a good one, it looks like it is a bit outside of the original scope and object of the bill, which relates specifically to assault on transit employees. This amendment would expand that quite someway to make it a third degree assault on any school employee. Since the underlying bill does not deal with school employees, I think that probably goes a little too far.”

MOTION

On motion of Senator Goings, further consideration of Substitute Senate Bill No. 5492 was deferred.

SECOND READING

SENATE BILL NO. 5121, by Senator Hargrove

Establishing a carbon storage program.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 5121 was substituted for Senate Bill No. 5121 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5121 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 Tim Sheldon: “Senator Hargrove, I know carbon is quite heavy, but could you explain that process of how it sinks?”

Senator Hargrove: “I'll talk to you later about that.”

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. 5121.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5121 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, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Rossi - 1.

SUBSTITUTE SENATE BILL NO. 5121, 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 Deccio was excused.

SECOND READING

SENATE BILL NO. 5102, by Senators Haugen, Snyder, Winsley, Goings, Gardner, T. Sheldon, Bauer, Rasmussen, Hale, McCaslin, Sellar, Swecker, Patterson, Morton, Prentice, Oke, Kohl-Welles and Costa

Increasing the level of training for fire fighters.

MOTIONS

On motion of Senator Haugen, Second Substitute Senate Bill No. 5102 was substituted for Senate Bill No. 5102 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 5102 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Morton: “Senator Haugen, is it voluntary for the volunteers? Does the voluntary fire department have to participate in this program or is it by choice?”

Senator Haugen: “It is by choice. If they want to receive any funding, they have to take part in the program. The program will be offered in many different ways, because our areas in the state are so diverse. Some of them will be getting it through community colleges, some from

regional training centers and some by other volunteers going in and helping in training them. It is voluntary at this point.”

Senator Morton: “Thank you.”

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5102.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5102 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Hargrove - 1.

Excused: Senators Deccio and Rossi - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5102, 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. 5312, by Senators Costa, Deccio, Winsley, Wojahn, Thibaudeau and Kohl-Welles

Providing for the prevention of workplace violence in health care settings.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5312 was substituted for Senate Bill No. 5312 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. 5312 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 Brown were excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5312.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5312 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators 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, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Bauer, Deccio and Rossi - 3.

SUBSTITUTE SENATE BILL NO. 5312, 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. 5492 and the pending amendment by Senator Bauer on page 2, line 1, deferred earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Finkbeiner to the scope and object of the amendment by Senator Bauer on page 2, line 1, the President finds that Substitute Senate Bill No. 5492 is a measure which makes it a Class C felony to assault certain transit company employees and school district employees involved in transit services. The bill is limited to transit workers.

“The amendment by Senator Bauer would make it a Class C felony to assault any school employee.

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

The amendment by Senator Bauer on page 2, line 1, to Substitute Senate Bill No. 5492 was ruled out of order.

MOTION

On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5492 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. 5492.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5492 and the bill failed to passed the Senate by the following vote: Yeas, 24; Nays, 21; Absent, 1; Excused, 3.

Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Snyder, Spanel, Thibaudeau and Wojahn - 24.

Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 21.

Absent: Senator McCaslin - 1.

Excused: Senators Bauer, Deccio and Rossi - 3.

SUBSTITUTE SENATE BILL NO. 5492, having failed to receive the constitutional majority, was declared lost.

MOTION

On motion of Senator Honeyford, Senator McCaslin was excused.

SECOND READING

SENATE BILL NO. 5679, by Senators Morton, T. Sheldon, McCaslin and Hochstatter

Changing grant and loan eligibility requirements for counties, cities, and towns planning under the growth management act.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5679 was substituted for Senate Bill No. 5679 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. 5679 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. 5679.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5679 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators 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, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Bauer, Deccio, McCaslin and Rossi - 4.

SUBSTITUTE SENATE BILL NO. 5679, 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 Winsley served notice that she would move to reconsider the vote by which Substitute Senate Bill No. 5492 failed to pass the Senate.

SECOND READING

SENATE BILL NO. 5108, by Senators Patterson, Johnson, Eide, Rossi, Prentice, T. Sheldon, Winsley, McAuliffe, Oke, Kohl-Welles and Costa (by request of Lieutenant Governor Owen)

Creating a task force on missing and exploited children.

MOTIONS

On motion of Senator Costa, Second Substitute Senate Bill No. 5108 was substituted for Senate Bill No. 5108 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Second Substitute Senate Bill No. 5108 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5108.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5108 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators 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, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Excused: Senators Bauer, Deccio, McCaslin and Rossi - 4.

SECOND SUBSTITUTE SENATE BILL NO. 5108, 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. 5514, by Senators Shin, Kohl-Welles, Patterson, Eide, Kline, Bauer, Franklin, B. Sheldon, Snyder, Spanel, Prentice, Hale, T. Sheldon, Goings, Jacobsen, Winsley, Rasmussen and Oke

Changing Washington award for vocational excellence provisions.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5514 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. 5514.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5514 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senator Hochstatter - 1.

Excused: Senators Bauer, Deccio, McCaslin and Rossi - 4.

SENATE BILL NO. 5514, 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 Hochstatter was excused.

SECOND READING

SENATE BILL NO. 6037, by Senators Shin and Prentice

Rescinding a retirement allowance agreement.

The bill was read the second time.

MOTION

On motion of Senator Shin, the rules were suspended, Senate Bill No. 6037 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6037.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6037 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Bauer, Deccio, Hochstatter, McCaslin and Rossi - 5.

SENATE BILL NO. 6037, 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.

WITHDRAWAL OF NOTICE FOR RECONSIDERATION

Having served prior notice for reconsideration of the vote by which Engrossed Substitute Senate Bill No. 5812 passed the Senate on March 11, 1999, Senator Snyder withdrew the notice for reconsideration.

MOTION

At 8:57 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Saturday, March 13, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate