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EIGHTY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, April 7, 1999

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Finkbeiner, Fraser, Heavey, Patterson, Prentice, Rasmussen, Sellar and Wojahn. On motion of Senator Franklin, Senators Brown, Patterson, Prentice, Rasmussen and Wojahn were excused. On motion of Senator Honeyford, Senators Finkbeiner and Sellar were excused.

      The Sergeant at Arms Color Guard consisting of Pages Jamie Hemmer and Molly McNeil, presented the Colors. Reverend Joan Anthony, pastor of St. Benedict's Episcopal 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.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9117, Amy C. Gillispie, as a member of the Board of Trustees for Central Washington University, was confirmed.


APPOINTMENT OF AMY C. GILLISPIE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 1; Absent, 2; Excused, 7.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 39.

     Voting nay: Senator Benton - 1.

     Absent: Senators Fraser and Heavey - 2.

     Excused: Senators Brown, Finkbeiner, Patterson, Prentice, Rasmussen, Sellar and Wojahn - 7.

 

MOTION

 

      On motion of Senator Franklin, Senators Fraser and Heavey were excused.

 

MOTION

 

      On motion of Senator Sheahan, Gubernatorial Appointment No. 9120, Aaron C. Gutierrez, as a member of the Board of Trustees for Eastern Washington University, was confirmed.

 

APPOINTMENT OF AARON C. GUTIERREZ

 

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

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.

     Excused: Senators Brown, Finkbeiner, Fraser, Heavey, Patterson, Rasmussen, Sellar and Wojahn - 8.

 

MOTIONS


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

      On motion of Senator McCaslin, Senator West was excused.

 

MOTION


      On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9209, Mary C. Selecky, as Secretary of the Department of Health, was confirmed.

      Senators Thibaudeau, Deccio, Franklin, Tim Sheldon, Prentice, McCaslin, Morton and Wojahn spoke to the confirmation of Mary C. Selecky as Secretary of the Department of Health.


APPOINTMENT OF MARY C. SELECKY


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

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

     Excused: Senators Finkbeiner, Heavey, Patterson, Rasmussen, Roach, Rossi, Sellar, West and Zarelli - 9.

 

INTRODUCTION OF SPECIAL GUEST

 

      The President welcomed and introduced Mary C. Selecky, the new Secretary of the Department of Health, who was seated in the gallery.

 

MOTION

 

      On motion of Senator Franklin, Senator Eide was excused.

 

MOTION

 

      On motion of Senator Sheahan, Gubernatorial Appointment No. 9154, Janelle Milodragovich, as a member of the Board of Regents for Washington State University, was confirmed.

 

APPOINTMENT OF JANELLE MILODRAGOVICH

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 0; Excused, 10.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 39.

     Excused: Senators Eide, Finkbeiner, Heavey, Patterson, Rasmussen, Roach, Rossi, Sellar, West and Zarelli - 10.

 

MOTION


      On motion of Senator McAuliffe, Gubernatorial Appointment No. 9167, Cynthia Roney, as a member of the Board of Trustees for the State School for the Blind, was confirmed.


APPOINTMENT OF CYNTHIA RONEY


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 40.

     Absent: Senator Deccio - 1.

     Excused: Senators Eide, Finkbeiner, Heavey, Rasmussen, Rossi, Sellar, West and Zarelli - 8.

 

MOTION


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


MOTION


      On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9051, Cesar A. Alzola, as a member of the Board of Pharmacy, was confirmed.


APPOINTMENT OF CESAR A. ALZOLA


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 38.

     Absent: Senator Johnson - 1.

     Excused: Senators Eide, Finkbeiner, Goings, Heavey, Rasmussen, Rossi, Sellar, Sheldon, T., West and Zarelli - 10.

 

MOTION

 

      On motion of Senator McAuliffe, Gubernatorial Appointment No. 9166, Terry Robertson, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

 

APPOINTMENT OF TERRY ROBERTSON

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

     Excused: Senators Eide, Finkbeiner, Rasmussen, Rossi, Sellar and West - 6.

 

MOTION

 

      On motion of Senator Spanel, Gubernatorial Appointment No. 9178, Adrienne Thompson, as a member of the Board of Trustees for Western Washington University, was confirmed.

 

APPOINTMENT OF ADRIENNE THOMPSON

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, 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, Roach, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.

     Absent: Senator Sheldon, B. - 1.

     Excused: Senators Eide, Finkbeiner, Rasmussen, Rossi, Sellar and West - 6.

 

PERSONAL PRIVILEGE

 

      Senator Benton: “I rise to a point of personal privilege. I would like to point out to the members of the body that today and yesterday, we have been confirming some rather historical appointments. For the first time ever, in the history of the state of Washington, we have been confirming student trustees to university boards of trustees. We just completed the confirmation of Adrienne Thompson and a few minutes earlier this morning, Aaron Gutierrez, and yesterday, there were others. This is very historical. It was a bill that was worked on for a number of years and finally last year the House and Senate approved this process and the Governor signed the legislation.

      “Twenty years ago, in 1979, I had the great honor and privilege of serving as one of the first student trustees--on a community college board of trustees in Southern California. I can tell you it was a terrific learning experience and I believe these students will bring a new and different perspective to the boards of trustees--a much needed one. I believe--because, after all, the customers, the people that these universities serve, are indeed the students themselves.

      “I didn't want this to pass today without pointing out to the Senate that it is very historical and I want to wish these young people the very best of luck in their service to their universities in their new capacities. Thank you, Mr. President.”

      Debate ensued.

 

SECOND READING

 

      HOUSE BILL NO. 1011, by Representatives Scott, Morris, Hurst, Conway, McIntire, Kessler, Keiser, Mitchell, Ballasiotes, Dickerson, Cody, Haigh, Rockefeller, Lantz and Wood

 

Clarifying that electronic communications are included in the crimes of harassment and stalking.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, House Bill No. 1011 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1011.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1011 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, 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, Winsley, Wojahn and Zarelli - 45.

     Excused: Senators Eide, Finkbeiner, Rossi and West - 4.

      HOUSE BILL NO. 1011, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      ENGROSSED HOUSE BILL NO. 1232, by Representatives Sheahan, Constantine, McDonald and Scott

 

Changing provisions relating to judgments.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 1232 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 House Bill No. 1232.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1232 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; 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, 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, Winsley, Wojahn and Zarelli - 46.

     Absent: Senators Johnson and Kohl-Welles - 2.

     Excused: Senator West - 1.

      ENGROSSED HOUSE BILL NO. 1232, 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 Johnson was excused.

 

SECOND READING

 

      HOUSE JOINT MEMORIAL NO. 4014, by Representatives Romero, Hankins, Grant, Ruderman and D. Schmidt

 

Requesting an increase in federal funding for stroke research.

 

      The joint memorial was read the second time.

 

MOTION

 

      On motion of Senator Thibaudeau, the rules were suspended, House Joint Memorial No. 4014 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4014.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Joint Memorial No. 4014 and the joint memorial 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, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.           Excused: Senators Johnson and West - 2.             HOUSE JOINT MEMORIAL NO. 4014, having received the constitutional majority, was declared passed.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1963, by House Committee on Local Government (originally sponsored by Representatives Koster, Dunshee, O'Brien, Anderson, G. Chandler, Sump, Dunn, B. Chandler and Mulliken)

 

Allowing the rebuilding of a farmhouse in a floodway under certain circumstances.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Patterson, the rules were suspended, Engrossed Substitute House Bill No. 1963 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1963.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1963 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, 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 McAuliffe - 1.

     Excused: Senator Johnson - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1963, 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 Eide was excused.

 

SECOND READING

 

      HOUSE BILL NO. 2010, by Representatives Ogden, McMorris and Romero (by request of Department of Community, Trade, and Economic Development)

 

Changing provisions relating to historic cemeteries.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Patterson, the rules were suspended, House Bill No. 2010 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2010.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2010 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, 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 Eide - 1.

      HOUSE BILL NO. 2010, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1848, by House Committee on Local Government (originally sponsored by Representatives Grant, Mastin and Dunn)

 

Clarifying the authority of port districts.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Gardner, the following Committee on State and Local Government striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Article VIII, section 8 of the Washington state Constitution authorizes the use of public funds by port districts in such manner as the legislature may prescribe for industrial development or trade promotion. The legislature recognizes a growing need for a Washington port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, to participate with other public agencies of this state and an adjoining state to attract, encourage, and develop industry and promote trade on both sides of their borders, for the economic benefit to the state of Washington. RCW 53.08.240 authorizes agreements between two or more port districts for the exercise of powers both within and outside their districts, and further authorizes contracts by port districts with other governmental entities. The interlocal cooperation act, chapter 39.34 RCW, also authorizes joint agreements and contracts between port districts and other state and local public agencies including political subdivisions of other states. However, there is uncertainty as to whether or not a port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, may exercise industrial development or trade promotion powers outside the district or state boundaries except jointly with another Washington port district.

       The purpose of this act is to define and clarify the authority of a Washington port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, to exercise those powers jointly or in cooperation with other public agencies when found to be necessary and beneficial to the people of this state.

       Sec. 2. RCW 53.04.010 and 1963 c 147 s 1 are each amended to read as follows:

       (1) Port districts are hereby authorized to be established in the various counties of the state for the purposes of acquisition, construction, maintenance, operation, development and regulation within the district of harbor improvements, rail or motor vehicle transfer and terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any combination of such transfer and terminal facilities, and other commercial transportation, transfer, handling, storage and terminal facilities, and industrial improvements.

       (2) Powers of a port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, shall be exercised within the district, except as otherwise provided by statute or pursuant to an interlocal cooperation agreement with another public agency as defined in chapter 39.34 RCW. In addition to other requirements of chapter 39.34 RCW, such an interlocal cooperation agreement may involve the exercise of a port district's powers for a port district that is located in a county that has contiguous borders with another state, and a population between fifty and seventy thousand, outside the boundaries of the state of Washington in whole or in part only if found, by resolution of the port district commission exercising such authority, to be reasonably necessary for the effective exercise of the port district's statutory powers and for the benefit of the inhabitants of the district and the state of Washington. The resolution may be adopted only after a public hearing of which notice has been published in a newspaper of general circulation within the district at least ten days in advance.

       Sec. 3. RCW 53.08.240 and 1961 c 24 s 1 are each amended to read as follows:

       (1) Any two or more port districts shall have the power, by mutual agreement, to exercise jointly all powers granted to each individual district, and in the exercise of such powers shall have the right and power to acquire jointly all lands, property, property rights, leases, or easements necessary for their purposes, either entirely within or partly within or partly without or entirely without such districts: PROVIDED, That any two or more districts so acting jointly, by mutual agreement, shall not acquire any real property or real property rights in any other port district without the consent of such district.

       (2) A district may enter into any contract with the United States, or any state, county, or municipal corporation, or any department of those entities, for carrying out any of the powers that each of the contracting parties may by law exercise separately.

       (3)(a) A port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, may enter into any contract that each of the contracting parties may by law exercise separately with, including but not limited to, municipal corporations of adjoining states.

       (b) In addition to other powers granted by statute, a port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, may enter into agreements with the United States or any of its agencies, or with any state, or with any municipal corporation of this state or of an adjoining state, for exercising jointly or cooperatively within or outside the district, in whole or in part, any of the powers that each of the contracting parties may by law exercise separately, for the promotion or development of trade or industry. Such powers may be exercised outside the boundaries of this state only after a public hearing of which notice has been published in a newspaper of general circulation within the district at least ten days in advance, and pursuant to findings and a resolution by the port district's commission that: (i) The undertaking and the district's participation in it will substantially benefit the district and the state of Washington; and (ii) the districts' share of the cost will not exceed an amount calculated by dividing the total cost of the undertaking by the number of participants."

 

MOTIONS

 

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

       On page 1, line 2 of the title, after "limits;" strike the remainder of the title and insert "amending RCW 53.04.010 and 53.08.240; and creating a new section."

      On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1848, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1848, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1848, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators 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, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

     Voting nay: Senator Patterson - 1.

      SUBSTITUTE HOUSE BILL NO. 1848, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      At 10:33 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 11:45 a.m. by President Owen.

 

MOTION

 

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

 

SENATE RESOLUTION 1999-8654

 

By Senators Franklin, Spanel, B. Sheldon, Roach and Benton

 

      WHEREAS, In 1839, fifty-three Africans from modern-day Sierra Leone were kidnapped and illegally sold into the Spanish slave trade; and

      WHEREAS, After enduring an horrific voyage to Cuba, the Africans mutinied and took over the ship known as the Amistad; and

      WHEREAS, The Amistad set sail for Africa, but ended up off the coast of New England; and

      WHEREAS, A group of abolitionists took up the Africans’ cause and there ensued a lengthy court battle for the Africans’ freedom; and

      WHEREAS, The case was ultimately argued before the United States Supreme Court; and

      WHEREAS, The Supreme Court agreed with the plaintiffs, the Africans won their case in 1841, and were remanded their freedom; and

      WHEREAS, The Amistad affair unified the abolitionists and advanced their cause, and civil libertarians increasingly used the judicial system to press their case, laying the groundwork for the abolition of slavery and the subsequent modern Civil Rights Movement; and

      WHEREAS, A key legacy of the Amistad affair is the network of schools and colleges founded for the purpose of educating black Americans and giving them the means to pursue their rights, a practice which began during the Amistad trials and continues to this day; and

      WHEREAS, A nonprofit educational foundation, Amistad America, is dedicated to maintaining the legacy of the Amistad incident and teaching the lessons of history, leadership, and cooperation through the use of the reproduced schooner Amistad; and

      WHEREAS, Timber from the Pacific Northwest is essential for the completion of the Amistad’s masts; and

      WHEREAS, Employees of the Department of Natural Resources, through their Workforce Diversity Program, have raised over $1,000 in contributions toward the purchase of selected timber for the Amistad Schooner;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate commend and thank the employees of the Department of Natural Resources for their efforts to heighten awareness of diversity issues in our country and for raising donations to assist the Amistad America Project; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate do hereby immediately transmit copies of this resolution to the Department of Natural Resources and to Amistad America.

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced employees of the Department of Natural Resources, who were seated in the gallery. The guests joined others in raising donations to assist the Amistad America Project.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

April 6, 1999

MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 5015,

      SUBSTITUTE SENATE BILL NO. 5046,

      SUBSTITUTE SENATE BILL NO. 5047,

      SUBSTITUTE SENATE BILL NO. 5048,

      SUBSTITUTE SENATE BILL NO. 5058,

      SUBSTITUTE SENATE BILL NO. 5185,

      SENATE BILL NO. 5202,

      SECOND SUBSTITUTE SENATE BILL NO. 5210,

      SUBSTITUTE SENATE BILL NO. 5231,

      SUBSTITUTE SENATE BILL NO. 5274,

      SUBSTITUTE SENATE BILL NO. 5509,

      SENATE BILL NO. 5525,

      SENATE BILL NO. 5567,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5668,

      SUBSTITUTE SENATE BILL NO. 5669,

      SENATE BILL NO. 5741,

      SENATE BILL NO. 5806,

      SUBSTITUTE SENATE BILL NO. 5838, and the same are herewith transmitted.

DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

 

SIGNED BY THE PRESIDENT

 

      The President signed:

      SENATE BILL NO. 5015,

      SUBSTITUTE SENATE BILL NO. 5046,

      SUBSTITUTE SENATE BILL NO. 5047,

      SUBSTITUTE SENATE BILL NO. 5048,

      SUBSTITUTE SENATE BILL NO. 5058,

      SUBSTITUTE SENATE BILL NO. 5185,

      SENATE BILL NO. 5202,

      SECOND SUBSTITUTE SENATE BILL NO. 5210,

      SUBSTITUTE SENATE BILL NO. 5231,

      SUBSTITUTE SENATE BILL NO. 5274,

      SUBSTITUTE SENATE BILL NO. 5509,

      SENATE BILL NO. 5525,

      SENATE BILL NO. 5567,

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5668,

      SUBSTITUTE SENATE BILL NO. 5669,

      SENATE BILL NO. 5741,

      SENATE BILL NO. 5806,

      SUBSTITUTE SENATE BILL NO. 5838.

 

MOTION

 

      At 11:54 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 2:19 p.m. by President Owen.

 

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

 

MOTION

 

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

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      On motion of Senator Fairley, Gubernatorial Appointment No. 9013, Kevin Grossman, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.

 

APPOINTMENT OF KEVIN GROSSMAN

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, 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, Wojahn and Zarelli - 45.

     Voting nay: Senator Benton - 1.

     Excused: Senators McDonald, West and Winsley - 3.

 

MOTION

 

      On motion of Senator Brown, Gubernatorial Appointment No. 9003, Gordon Budke, as a member of the Board of Trustees for Eastern Washington University, was confirmed.

 

APPOINTMENT OF GORDON BUDKE

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 1; Absent, 2; Excused, 2.

     Voting yea: Senators Bauer, 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, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 44.

     Voting nay: Senator Benton - 1.

     Absent: Senators Loveland and Snyder - 2.

     Excused: Senators McDonald and West - 2.

 

MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9004, Gwen Chaplin, as a member of the Board of Trustees for Central Washington University, was confirmed.

      Senators Kohl-Welles and Thibaudeau spoke to the confirmation of Gwen Chaplin as a member of the Board of Trustees for Central Washington University.


APPOINTMENT OF GWEN CHAPLIN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.

     Voting nay: Senators Benton and Hochstatter - 2.

     Excused: Senators McDonald and West - 2.

 

MOTION


      On motion of Senator Franklin, Senators Gardner and Spanel were excused.


MOTION


      On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9019, Glenn E. Jennings, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.


APPOINTMENT OF GLENN E. JENNINGS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3. Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, 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, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.

     Voting nay: Senator Benton - 1.

     Excused: Senators Gardner, Spanel and West - 3.


MOTION


      On motion of Senator Eide, Senator Thibaudeau was excused.


MOTION


      On motion of Senator Prentice, Gubernatorial Appointment No. 9133, A. M. Jorgensen, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF A. M. JORGENSEN


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 1; Absent, 2; Excused, 4.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, 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, Stevens, Swecker, Winsley, Wojahn and Zarelli - 42.

     Voting nay: Senator Benton - 1.

     Absent: Senators Fraser and McDonald - 2.

     Excused: Senators Gardner, Spanel, Thibaudeau and West - 4.


MOTION


      On motion of Senator Franklin, Senator Fraser was excused.

 

SECOND READING


      HOUSE BILL NO. 1542, by Representatives Ericksen, D. Schmidt, Romero and McMorris

 

Recording surveys.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, House Bill No. 1542 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1542.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1542 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, 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, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senator Kline - 1.

     Excused: Senators Fraser, Gardner and Spanel - 3.

      HOUSE BILL NO. 1542, 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, Senators McDonald and West were excused.


MOTION


      On motion of Senator Franklin, Senator Prentice was excused.


SECOND READING


      HOUSE BILL NO. 1023, by Representatives H. Sommers, Lambert, Carlson, Ogden, Conway, D. Sommers, Alexander, Wolfe, Romero, Bush, Thomas, Keiser, Stensen, G. Chandler, DeBolt, Parlette, Talcott, K. Schmidt, D. Schmidt, Murray, Schoesler, Sump and Hurst (by request of Joint Committee on Pension Policy)

 

Sharing extraordinary investment gains in the teachers' retirement system plan 3.


      The bill was read the second time.




MOTION


      On motion of Senator Loveland, the following Committee on Ways and Means amendment was adopted:

       On page 2, after line 12, insert the following:

       "Sec. 2. RCW 41.50.145 and 1998 c 341 s 515 are each amended to read as follows:

       (1) If the department determines that due to employer error a member of plan III has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.

       (2) If the department determines that due to departmental error a member of plan III has suffered a loss of investment return, the department shall credit to the member's account from the ((school employees')) appropriate retirement system combined plan II and III fund the amount determined by the department as necessary to correct the error."

       Renumber the sections consecutively and correct any internal references accordingly.


MOTIONS


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

       On page 1, line 2 of the title, strike everything after "plan 3;" and insert "amending RCW 41.50.145; creating new sections; and declaring an emergency."

      On motion of Senator Loveland, the rules were suspended, House Bill No. 1023, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1023, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1023, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.

     Excused: Senators Fraser, Gardner, McDonald, Prentice, Spanel and West - 6.

      HOUSE BILL NO. 1023, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Morton was excused.


SECOND READING


      HOUSE BILL NO. 1556, by Representatives Hatfield, Bush, Romero, McDonald, Dickerson, Ballasiotes, Scott, Radcliff, Poulsen, Delvin, Constantine, Mastin and Murray (by request of Washington State Patrol)

 

Increasing timeliness of fire death reports.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 48.48.065 and 1995 c 369 s 29 are each amended to read as follows:

       (1) The chief of each organized fire department, or the sheriff or other designated county official having jurisdiction over areas not within the jurisdiction of any fire department, shall report statistical information and data to the chief of the Washington state patrol, through the director of fire protection, on each fire occurring within the official's jurisdiction and, within two business days, report any death resulting from fire. Reports shall be consistent with the national fire incident reporting system developed by the United States fire administration and rules established by the chief of the Washington state patrol, through the director of fire protection. The chief of the Washington state patrol, through the director of fire protection, and the department of natural resources shall jointly determine the statistical information to be reported on fires on land under the jurisdiction of the department of natural resources.

       (2) The chief of the Washington state patrol, through the director of fire protection, shall analyze the information and data reported, compile a report, and distribute a copy annually by ((May)) July 1st to each chief fire official in the state. Upon request, the chief of the Washington state patrol, through the director of fire protection, shall also furnish a copy of the report to any other interested person at cost.

       (3) In carrying out the duties relating to collecting, analyzing, and reporting statistical fire data, the fire protection policy board may purchase statistical fire data from a qualified individual or organization. The information shall meet the diverse needs of state and local fire reporting agencies and shall be (a) defined in understandable terms of common usage in the fire community; (b) adaptable to the varying levels of resources available; (c) maintained in a manner that will foster both technical support and resource sharing; and (d) designed to meet both short and long-term needs."


MOTIONS


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

       On line 1 of the title, after "fire;" strike the remainder of the title and insert "and amending RCW 48.48.065."

      On motion of Senator Patterson, the rules were suspended, House Bill No. 1556, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1556, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1556, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

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

     Absent: Senator Kline - 1.

     Excused: Senators Fraser, Gardner, McDonald, Morton, Spanel and West - 6.

      HOUSE BILL NO. 1556, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2054, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Quall, Benson, Hatfield and Cairnes)

 

Regulating sellers who finance the goods they sell.


      The bill was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, Substitute House Bill No. 2054 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2054.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2054 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 43.

     Excused: Senators Fraser, Gardner, McDonald, Morton, Spanel and West - 6.

      SUBSTITUTE HOUSE BILL NO. 2054, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1654, by Representatives Kessler and Hatfield

 

Revising definition of veteran.


      The bill was read the second time.


MOTION


      On motion of Senator Loveland, the rules were suspended, House Bill No. 1654 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 Honeyford, Senator Rossi was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1654.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1654 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

     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, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 43.

     Absent: Senators Brown, Sellar and Zarelli - 3.

     Excused: Senators McDonald, Rossi and West - 3.

      HOUSE BILL NO. 1654, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1149, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Sullivan, Kastama, Lantz, Gombosky, Rockefeller, Linville, Conway, Murray, H. Sommers and Wolfe)

 

Filing financial statements under the insurance code.


      The bill was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, Substitute House Bill No. 1149 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1149.


MOTION


      On motion of Senator Honeyford, Senator Sellar was excused.


MOTION


      On motion of Senator Franklin, Senator Kline was excused.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1149 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

     Absent: Senator Brown - 1.

     Excused: Senators Kline, McDonald, Sellar and West - 4.

      SUBSTITUTE HOUSE BILL NO. 1149, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1075, by House Committee on State Government (originally sponsored by Representatives D. Schmidt and Romero) (by request of Alternative Public Works Methods Oversight Committee)

 

Increasing the monetary limit for use of the small works roster by port districts.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1075 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 Prentice and Thibaudeau were excused.


MOTION


      On motion of Senator Eide, Senator Brown was excused.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1075.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1075 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 12; Absent, 0; Excused, 6.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley and Wojahn - 31.

     Voting nay: Senators Benton, Finkbeiner, Franklin, Hargrove, Heavey, Jacobsen, Johnson, McCaslin, Patterson, Roach, Rossi and Zarelli - 12.

     Excused: Senators Brown, Kline, McDonald, Prentice, Thibaudeau and West - 6.

      SUBSTITUTE HOUSE BILL NO. 1075, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Crouse, Wood, Poulsen, Kessler and Thomas)

 

Prohibiting deceptive telephone directory listings.


      The bill was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, Engrossed Substitute House Bill No. 1471 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1471.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1471 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 43.

     Voting nay: Senators Finkbeiner and Zarelli - 2.

     Excused: Senators Kline, McDonald, Prentice and West - 4.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1471, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1068, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, O'Brien, Lambert, Mitchell, Kessler, Esser and Lovick)

 

Ensuring that prosecuting attorneys and law enforcement agencies have a meaningful role in the clemency process.


      The bill was read the second time.


MOTION


`     On motion of Senator Costa, the following Committee on Human Services and Corrections striking amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The pardoning power is vested in the governor under such regulations and restrictions as may be prescribed by law. To assist the governor in gathering the facts necessary to the wise exercise of this power, the legislature created the clemency and pardons board.

       In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime, an intelligent recommendation on an application for clemency is dependent upon input from the victims and survivors of victims of crimes. It is the intent of the legislature to ensure that all victims and survivors of victims of crimes are afforded a meaningful role in the clemency process.

       The impact of the crime on the community must also be assessed when passing upon an application for clemency. The prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are uniquely situated to provide an accurate account of the offense and the impact felt by the community as a result of the offense. It is the intent of the legislature to ensure that the prosecuting attorney who obtained the conviction and the law enforcement agency that conducted the investigation are afforded a meaningful role in the clemency process.

       Sec. 2. RCW 7.69.030 and 1997 c 343 s 1 are each amended to read as follows:

       There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:

       (1) With respect to victims of violent or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights of crime victims as provided in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the county;

       (2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;

       (3) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;

       (4) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;

       (5) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;

       (6) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;

       (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;

       (8) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;

       (9) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;

       (10) With respect to victims of violent and sex crimes, to have a crime victim advocate from a crime victim/witness program present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence of the crime victim advocate does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;

       (11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;

       (12) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;

       (13) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;

       (14) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; ((and))

       (15) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment; and

       (16) With respect to victims and survivors of victims, to present a statement in person, via audio or videotape, in writing or by representation at any hearing conducted regarding an application for pardon or commutation of sentence.

       Sec. 3. RCW 9.94A.260 and 1989 c 214 s 2 are each amended to read as follows:

       (1) The clemency and pardons board shall receive petitions from individuals, organizations, and the department for review and commutation of sentences and pardoning of offenders in extraordinary cases, and shall make recommendations thereon to the governor.

       (2) The board shall receive petitions from individuals or organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses or out-of-state felonies. The board may issue certificates of restoration limited to the elective rights to vote and to engage in political office. Any certifications granted by the board must be filed with the secretary of state to be effective. In all other cases, the board shall make recommendations to the governor.

       (3) The board shall not recommend that the governor grant clemency under subsection (1) of this section until a public hearing has been held on the petition. The prosecuting attorney of the county where the conviction was obtained shall be notified at least thirty days prior to the scheduled hearing that a petition has been filed and the date and place at which the hearing on the petition will be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the petition shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the offender. The board shall consider written, oral, audio, or videotaped statements regarding the petition received, personally or by representation, from the individuals who receive notice pursuant to this section. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person.

       Sec. 4. RCW 9.95.260 and 1981 c 136 s 44 are each amended to read as follows:

       (1) It shall be the duty of the indeterminate sentence review board ((of prison terms and paroles)), when requested by the governor, to pass on the representations made in support of applications for pardons for convicted persons and to make recommendations thereon to the governor.

       (2) It will be the duty of the secretary of corrections to exercise supervision over such convicted persons as have been conditionally pardoned by the governor, to the end that such persons shall faithfully comply with the conditions of such pardons. The indeterminate sentence review board ((of prison terms and paroles)) shall also pass on any representations made in support of applications for restoration of civil rights of convicted persons, and make recommendations to the governor. The department of corrections shall prepare materials and make investigations requested by the indeterminate sentence review board ((of prison terms and paroles)) in order to assist the board in passing on the representations made in support of applications for pardon or for the restoration of civil rights.

       (3) The board shall make no recommendations to the governor in support of an application for pardon until a public hearing has been held under this section or RCW 9.94A.260(3) upon the application. The prosecuting attorney of the county where the conviction was obtained shall be notified at least thirty days prior to the scheduled hearing that an application for pardon has been filed and the date and place at which the hearing on the application for pardon will be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to permit timely action on the petition. A copy of the application for pardon shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation of the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be available to the offender. The board shall consider written, oral, audio, or videotaped statements regarding the application for pardon received, personally or by representation, from the individuals who receive notice pursuant to this section. This subsection is intended solely for the guidance of the board. Nothing in this section is intended or may be relied upon to create a right or benefit, substantive or procedural, enforceable at law by any person."


MOTIONS


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

       On page 1, line 1 of the title, after "pardons;" strike the remainder of the title and insert "amending RCW 7.69.030, 9.94A.260, and 9.95.260; and creating a new section."

      On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 1068, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator McCaslin, Senator Morton was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1068, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1068, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Kline, McDonald, Morton and West - 4.

      SUBSTITUTE HOUSE BILL NO. 1068, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1092, by Representative Hatfield (by request of Department of Financial Institutions)

 

Regulating escrow agents and escrow officers.


      The bill was read the second time.


MOTION


      On motion of Senator Shin, the rules were suspended, House Bill No. 1092 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1092.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1092 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 45.

     Absent: Senator Finkbeiner - 1.

     Excused: Senators McDonald, Morton and West - 3.

      HOUSE BILL NO. 1092, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1394, by Representatives Hurst, Constantine, Lambert, Sheahan, McDonald, Lovick, H. Sommers, Dickerson, Kenney and Esser

 

Making the defense of duress unavailable for the crime of homicide by abuse.


      The bill was read the second time.


MOTION


      Senator Deccio moved that the following amendment by Senators Deccio, McCaslin, Costa, Rossi, Fairley, Winsley and Betti Sheldon be adopted:

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

       "Sec. 1. RCW 9A.32.055 and 1987 c 187 s 1 are each amended to read as follows:

       (1) A person is guilty of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person withholds necessary medical treatment or by other means causes the death of a child or person under sixteen years of age, a developmentally disabled person, or a dependent adult, and the person has previously engaged in a pattern or practice of assault or torture of said child, person under sixteen years of age, developmentally disabled person, or dependent person.

       (2) As used in this section, "dependent adult" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life.

       (3) Homicide by abuse is a class A felony."


POINT OF INQUIRY


      Senator Franklin: “Senator Deccio, I just need some clarification in regards with what happens to life support? You know a lot of times the--if the child under sixteen--let's take an example. In an auto accident, if the child was severely injured, comatose and on life support and then in consultation with the family, the doctor, in turn, or even the family will ask that that child be removed from life support. You have in your amendment, 'or by other means,' which would mean life support. Would you clarify how this would work?”

      Senator Deccio: “The basic statute deals with abuse. I don't think a situation that you are describing would be the definition of abuse according to that statute. So, I think that really would not occur.”

      Further debate ensued.


MOTION TO WITHDRAW AMENDMENT


      On motion of Senator Deccio, and there being no objection, the amendment by Senators Deccio, McCaslin, Costa, Rossi, Fairley, Winsley and Betti Sheldon on page 2, after line 2, to House Bill No. 1394 was withdrawn.


MOTION


      On motion of Senator Heavey, the rules were suspended, House Bill No. 1394 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1394.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1394 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47.

     Excused: Senators Morton and West - 2.

      HOUSE BILL NO. 1394, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1996, by Representatives Parlette and Cooper (by request of Department of Labor and Industries)

 

Regulating charter boat safety.


      The bill was read the second time.


MOTION


      On motion of Senator Sellar, the rules were suspended, House Bill No. 1996 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Hargrove: “Senator Sellar, I was looking at just the bill report. I am sorry I didn't get to the bill. It talks about, 'replaced by state waters.' I believe that 'state waters' is larger than just those two areas you referred to, covering many of the fresh water rivers, and other places in our state. Is the definition in the bill definitely limited to those two lakes?”

      Senator Sellar: “Yes, the other state waters are navigable and fall under the coast guard regulations. These two lakes are not navigable; they are reservoirs behind dams.”

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1996.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1996 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, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, 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 Franklin - 1.

     Excused: Senator Morton - 1.

      HOUSE BILL NO. 1996, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SECOND SUBSTITUTE HOUSE BILL NO. 1686, by House Committee on Appropriations (originally sponsored by Representatives Kessler, DeBolt, Alexander, Mulliken, Morris, Linville, G. Chandler, Pennington, Wolfe, Hatfield, McMorris, Delvin, Romero, Sump, Clements, Ericksen, Schoesler, Campbell, D. Schmidt, Fortunato, Mielke, Radcliff, Cox, Mastin, Murray, Cooper, Lisk, Crouse, Hankins, Skinner, Thomas, B. Chandler, Koster, Parlette and Ruderman)

 

Requiring cooperation with local economic development cooperatives.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the rules were suspended, Second Substitute House Bill No. 1686 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 House Bill No. 1686.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1686 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, 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 Morton - 1.

      SECOND SUBSTITUTE HOUSE BILL NO. 1686, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1560, by House Committee on State Government (originally sponsored by Representatives McMorris, Scott, Ballasiotes, Mitchell, Romero, Dickerson, McDonald, Poulsen, Bush, Constantine, Fortunato and Murray) (by request of Forensic Investigation Council)

 

Enabling the bureau of forensic laboratory services.


      The bill was read the second time.


MOTION


      On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1560.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1560 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, 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 Morton - 1.

      SUBSTITUTE HOUSE BILL NO. 1560, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 2226, by Representative Tokuda

 

Eliminating eligibility standards retained from the aid to dependent children program under the temporary assistance for needy families program.


      The bill was read the second time.


MOTION


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

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.12.010 and 1997 c 59 s 16 are each amended to read as follows:

       For the purposes of the administration of temporary assistance for needy families, the term "dependent child" means any child in need under the age of eighteen years who ((has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of the parent, and who)) is living with a relative as specified under federal temporary assistance for needy families program requirements, in a place of residence maintained by one or more of such relatives as his or their homes. The term a "dependent child" shall, notwithstanding the foregoing, also include a child who would meet such requirements except for his removal from the home of a relative specified above as a result of a judicial determination that continuation therein would be contrary to the welfare of such child, for whose placement and care the state department of social and health services or the county office is responsible, and who has been placed in a licensed or approved child care institution or foster home as a result of such determination and who: (1) Was receiving an aid to families with dependent children grant for the month in which court proceedings leading to such determination were initiated; or (2) would have received aid to families with dependent children for such month if application had been made therefor; or (3) in the case of a child who had been living with a specified relative within six months prior to the month in which such proceedings were initiated, would have received aid to families with dependent children for such month if in such month he had been living with such a relative and application had been made therefor, as authorized by the Social Security Act((: PROVIDED, That to the extent authorized by the legislature in the biennial appropriations act and to the extent that matching funds are available from the federal government, temporary assistance for needy families assistance shall be available to any child in need who has been deprived of parental support or care by reason of the unemployment of a parent or stepparent liable under this chapter for support of the child)).

       "Temporary assistance for needy families" means money payments, services, and remedial care with respect to a dependent child or dependent children and the needy parent or relative with whom the child lives ((and may include another parent or stepparent of the dependent child if living with the parent and if the child is a dependent child by reason of the physical or mental incapacity or unemployment of a parent or stepparent liable under this chapter for the support of such child)).

       Sec. 2. RCW 74.12.035 and 1997 c 59 s 18 are each amended to read as follows:

       (1) ((A family or assistance unit is not eligible for aid for any month if for that month the total income of the family or assistance unit, without application of income disregards, exceeds one hundred eighty-five percent of the state standard of need for a family of the same composition: PROVIDED, That for the purposes of determining the total income of the family or assistance unit, the earned income of a dependent child who is a full-time student for whom temporary assistance for needy families is being provided shall be disregarded for six months per calendar year.

       (2) Participation in a strike does not constitute good cause to leave or to refuse to seek or accept employment. Assistance is not payable to a family for any month in which any caretaker relative with whom the child is living is, on the last day of the month, participating in a strike. An individual's need shall not be included in determining the amount of aid payable for any month to a family or assistance unit if, on the last day of the month, the individual is participating in a strike.

       (3))) Children over eighteen years of age and under nineteen years of age who are full-time students reasonably expected to complete a program of secondary school, or the equivalent level of vocational or technical training, before reaching nineteen years of age are eligible to receive temporary assistance for needy families: PROVIDED HOWEVER, That if such students do not successfully complete such program before reaching nineteen years of age, the assistance rendered under this subsection during such period shall not be a debt due the state.

       (2) Children with disabilities who are eighteen years of age and under twenty-one years of age and who are full-time students whose education is being provided in accordance with RCW 28A.155.020 are eligible to receive temporary assistance for needy families benefits.

       (3) The department is authorized to grant exceptions to the eligibility restrictions for children eighteen years of age and under twenty-one years of age under subsection (1) and (2) of this section only when it determines by reasonable, objective criteria that such exceptions are likely to enable the children to complete their high school education, general equivalency diploma or vocational education.

       NEW SECTION. Sec. 3. RCW 74.12.036 and 1997 c 59 s 19 & 1994 c 299 s 11 are each repealed.

       Sec. 4. RCW 74.08A.120 and 1997 c 57 s 3 are each amended to read as follows:

       (1) The department may establish a food assistance program for ((persons whose immigrant status meets the eligibility requirements of the federal food stamp program, but who are no longer eligible solely due to their immigrant status under P.L. 104-193)) legal immigrants who are ineligible for the federal food stamp program.

       (2) The rules for the state food assistance program shall follow exactly the rules of the federal food stamp program except for the provisions pertaining to immigrant status ((under P.L. 104-193)).

       (3) The benefit under the state food assistance program shall be established by the legislature in the biennial operating budget.

       (4) The department may enter into a contract with the United States department of agriculture to use the existing federal food stamp program coupon system for the purposes of administering the state food assistance program.

       (5) In the event the department is unable to enter into a contract with the United States department of agriculture, the department may issue vouchers to eligible households for the purchase of eligible foods at participating retailers."


MOTIONS


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

       On page 1, line 3 of the title, after "program;" strike the remainder of the title and insert "amending RCW 74.12.010, 74.12.035, and 74.08A.120; and repealing RCW 74.12.036."

      On motion of Senator Fairley, the rules were suspended, House Bill No. 2226, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2226, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2226, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

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

     Voting nay: Senators Deccio, Johnson, McDonald, Rossi, Sellar and Stevens - 6.

     Excused: Senator Morton - 1.

      SUBSTITUTE HOUSE BILL NO. 2226, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      HOUSE BILL NO. 1936, by Representatives Tokuda, Boldt, D. Sommers and Santos

 

Requiring employability screening for recipients of temporary assistance for needy families.


      The bill was read the second time.


MOTION


      Senator Fairley moved that the following Committee on Labor and Workforce Development striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 74.08A.010 and 1997 c 58 s 103 are each amended to read as follows:

       (1) A family that includes an adult who has received temporary assistance for needy families for sixty months after July 27, 1997, shall be ineligible for further temporary assistance for needy families assistance. The number of recipients exempted or deferred from the time limit in this subsection shall not exceed twenty percent of the temporary assistance for needy families caseload.

       (2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the family member was a minor child and not the head of the household or married to the head of the household or the recipient received a deferral under section 2 of this act.

       (3) The department shall refer recipients who require specialized assistance to appropriate department programs, crime victims' programs through the department of community, trade, and economic development, or the crime victims' compensation program of the department of labor and industries.

       (4) The department may exempt a recipient and the recipient's family from the application of subsection (1) of this section by reason of hardship or if the recipient meets the family violence options of section 402(A)(7) of Title IVA of the federal social security act as amended by P.L. 104-193. ((The number of recipients and their families exempted from subsection (1) of this section for a fiscal year shall not exceed twenty percent of the average monthly number of recipients and their families to which assistance is provided under the temporary assistance for needy families program.

       (5) The department shall not exempt a recipient and his or her family from the application of subsection (1) of this section until after the recipient has received fifty-two months of assistance under this chapter.))

       NEW SECTION. Sec. 2. A new section is added to chapter 74.08A RCW to read as follows:

       (1) Each recipient approved to receive temporary assistance for needy families shall be subject to an employability screen as a condition of eligibility. If the employability screen determines the recipient meets the criteria specified in RCW 74.08A.270 for a good cause exemption to work requirements the department shall defer the work requirement under RCW 74.08A.260, as long as the condition of the recipient that causes him or her to meet the exemption criteria exists. When the condition ceases to exist, the exemption terminates.

       (2) All recipients not deferred shall be placed in the job search component. Failure to participate in the job search component shall result in sanctions as provided in RCW 74.08A.260. If a recipient fails to find employment during the job search component, the department may refer the recipient to those work activities that are directly related to improving the recipient's employability.

       (3) The department shall adopt rules providing for the review of recipients granted deferrals under this section.

       Sec. 3. RCW 74.08A.260 and 1997 c 58 s 313 are each amended to read as follows:

       Recipients who have not obtained a deferral under section 2 of this act or paid, unsubsidized employment ((by the end of the job search component authorized in section 312 of this act)) shall be referred to a work activity.

       (1) Each recipient shall be assessed immediately upon completion of the job search component. Assessments shall be based upon factors that are critical to obtaining employment, including but not limited to education, employment strengths, and employment history. Assessments may be performed by the department or by a contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by all agencies and organizations serving the recipient. Based on the assessment, an individual responsibility plan shall be prepared that: (a) Sets forth an employment goal and a plan for moving the recipient immediately into employment; (b) contains the obligation of the recipient to become and remain employed; (c) moves the recipient into whatever employment the recipient is capable of handling as quickly as possible; and (d) describes the services available to the recipient to enable the recipient to obtain and keep employment.

       (2) Recipients who are not engaged in work and work activities, and do not qualify for a good cause exemption under RCW 74.08A.270, shall engage in self-directed service as provided in RCW 74.08A.330.

       (3) If a recipient refuses to engage in work and work activities required by the department, the family's grant shall be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated.

       (4) The department may waive the penalties required under subsection (3) of this section, subject to a finding that the recipient refused to engage in work for good cause provided in RCW 74.08A.270.

       (5) In implementing this section, the department shall assign the highest priority to the most employable clients, including adults in two-parent families and parents in single-parent families that include older preschool or school-age children to be engaged in work activities.

       (6) In consultation with the recipient, the department or contractor shall place the recipient into a work activity that is available in the local area where the recipient resides.

       (7) The department shall encourage and facilitate placement of recipients into apprenticeships or preapprenticeship training programs.

       Sec. 4. RCW 74.08A.270 and 1997 c 58 s 314 are each amended to read as follows:

       (1) Good cause reasons for failure to participate in WorkFirst program components include: (((1))) (a) Situations where the recipient is a parent or other relative personally providing care for a child under the age of six years, and formal or informal child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department fails to provide such care; or (((2) until June 30, 1999,)) (b) if the recipient is a parent with a child under the age of one year. A parent may only receive this exemption for a total of twelve months, which may be consecutive or nonconsecutive; or (((3) after June 30, 1999, if the recipient is a parent with a child under three months of age)) (c) if the recipient is a victim of domestic violence; or (d) if the recipient is incapacitated; or (e) if the recipient is caring for an incapacitated child; or (f) if the recipient is fifty-five years of age or older and is the grandparent or nonparent relative of the dependent child.

       (2) For purposes of this section, domestic violence victimization must be documented by either a protection order or a written confirmation of treatment by a health care professional licensed under chapter 18.57, 18.57A, 18.71, 18.71A, 18.79, or 18.83 RCW for the effects of domestic violence. Incapacity of a recipient or child must be documented by medical or psychiatric clinical evidence, confirmed in writing by a health care professional licensed under chapter 18.57, 18.57A, 18.71, 18.71A, 18.79, or 18.83 RCW.

       (3) When the domestic violence victimization or the incapacity of the recipient or child no longer exist, the good cause deferral under this section terminates. The department shall notify the recipient of the termination of the good cause exemption.

       NEW SECTION. Sec. 5. A new section is added to chapter 74.08A RCW to read as follows:

       Recipients who are not required to meet work requirements under RCW 74.08A.270 shall receive grants, child care, and related services that are not supported by the temporary assistance for needy families block grant.

       NEW SECTION. Sec. 6. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Labor and Workforce Development striking amendment to House Bill No. 1936.

      The motion by Senator Fairley carried and the committee striking amendment was adopted on a rising vote.


MOTIONS


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

       On page 1, line 2 of the title, after "families;" strike the remainder of the title and insert "amending RCW 74.08A.010, 74.08A.260, and 74.08A.270; adding new sections to chapter 74.08A RCW; and creating a new section."

      On motion of Senator Fairley, the rules were suspended, House Bill No. 1936, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF ORDER


      Senator Hochstatter: “A point of order, Mr. President. I ask that the speaker address the bill at hand. Thank you.”

      Further debate ensued


MOTION


      On motion of Senator Honeyford, Senator McCaslin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1936, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1936, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 1; Excused, 1.

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

     Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, West and Zarelli - 19.

     Absent: Senator Swecker - 1.

     Excused: Senator McCaslin - 1.

       HOUSE BILL NO. 1936, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Honeyford, Senator Swecker was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2053, by House Committee on Transportation (originally sponsored by Representatives Hatfield, Hankins, Scott, Skinner, Edwards, Cooper, K. Schmidt, Haigh, Mielke, Schindler, G. Chandler, McDonald, Hurst, Fortunato, Fisher, Ogden, Ruderman and Miloscia)

 

Allowing credit card payment of vehicle registration fees.


      The bill was read the second time.


MOTION


      On motion of Senator Gardner, the following amendment by Senators Gardner and Benton was adopted:

       On page 1, line 13, after "companies." insert "In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state."


MOTION


      On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 2053, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2053, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2053, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; 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, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Wojahn - 43.

     Voting nay: Senators Long, Loveland and Zarelli - 3.

     Absent: Senator Kohl-Welles - 1.

     Excused: Senators McCaslin and Swecker - 2.

      SUBSTITUTE HOUSE BILL NO. 2053, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1371, by House Committee on Health Care (originally sponsored by Representatives Ruderman, Alexander and O'Brien) (by request of Department of Health)

 

Modifying provisions that concern the control and prevention of tuberculosis.


      The bill was read the second time.


MOTION


`     On motion of Senator Thibaudeau, the following Committee on Health and Long Term Care striking amendment was adopted: Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that current statutes relating to the reporting, treatment, and payment for tuberculosis are outdated, and not in concert with current clinical practice and tuberculosis care management. Updating reporting requirements for local health departments will benefit providers, local health, and individuals requiring treatment for tuberculosis.

       Sec. 2. RCW 70.28.010 and 1996 c 209 s 1 are each amended to read as follows:

       All practicing ((physicians)) health care providers in the state are hereby required to report to the local ((boards of)) health ((in writing, the name, age, sex, occupation and residence)) department cases of every person having tuberculosis who has been attended by, or who has come under the observation of ((such physician)), the health care provider within one day thereof.

       Sec. 3. RCW 70.28.020 and 1967 c 54 s 2 are each amended to read as follows:

       All local ((boards of)) health departments in this state are hereby required to receive and keep a ((permanent)) record, for a period of ten years from the date of the report, of the reports required by RCW 70.28.010 to be made to them; such records shall not be open to public inspection, but shall be submitted to the proper inspection of other local health departments and ((state boards)) of the department of health alone, and such records shall not be published nor made public.

       Sec. 4. RCW 70.28.037 and 1967 c 54 s 7 are each amended to read as follows:

       Where it has been determined after an examination as prescribed ((above,)) in this chapter that an individual has active tuberculosis, ((and he resides in a county in which no tuberculosis facility is located,)) upon application to the superior court by the local health officer, the superior court ((may)) shall order the sheriff to transport ((said)) the individual to a designated ((tuberculosis)) facility for isolation, treatment, and care until such time as the ((medical director of the hospital)) local health officer or designee determines that ((his)) the patient's condition is such that it is safe for ((him)) the patient to be discharged from the facility.

       Sec. 5. RCW 70.30.061 and 1973 1st ex.s. c 213 s 1 are each amended to read as follows:

       Any person residing in the state and needing treatment for tuberculosis((,)) may apply in person to the local health officer or to any licensed physician, advanced registered nurse practitioner, or licensed physician assistant for examination and if ((such physician)) that health care provider has reasonable cause to believe that ((said)) the person is suffering from tuberculosis in any form he or she may apply to the local health officer or ((tuberculosis hospital director)) designee for admission of ((said)) the person to an appropriate facility for the care and treatment of tuberculosis.

       Sec. 6. RCW 70.32.010 and 1975 1st ex.s. c 291 s 3 are each amended to read as follows:

       Tuberculosis is a communicable disease and tuberculosis ((control, case finding,)) prevention, treatment, control, and follow up of known cases of tuberculosis ((represents)) are the basic steps in the ((conquest)) control of this major health problem. In order to carry on such work effectively in accordance with the standards set by the secretary ((pursuant to)) under RCW 70.33.020 (as recodified by this act), the legislative authority of each county shall budget a sum to be used for the control of tuberculosis, including case finding, prevention, treatment, and follow up of known cases of tuberculosis. Under no circumstances should this section be construed to mean that the legislative authority of each county shall budget sums to provide tuberculosis treatment when the patient has the ability to pay for the treatment. Each patient's ability to pay for the treatment shall be assessed by the local health department.

       Sec. 7. RCW 70.33.010 and 1991 c 3 s 330 are each amended to read as follows:

       The ((following words and phrases shall have the designated meanings in)) definitions in this section apply throughout this chapter ((and RCW 70.32.010, 70.32.050, and 70.32.060)) unless the context clearly ((indicated)) requires otherwise:

       (1) "Department" means the department of health;

       (2) "Secretary" means the secretary of the department of health or his or her designee;

       (3) (("Tuberculosis hospital" and "tuberculosis hospital facility" refer to hospitals for the care of persons suffering from tuberculosis;

       (4))) "Tuberculosis control" refers to the procedures administered in the counties for the control ((and)), prevention, and treatment of tuberculosis((, but does not include hospitalization)).

       Sec. 8. RCW 70.33.020 and 1983 c 3 s 172 are each amended to read as follows:

       ((From and after August 9, 1971,)) The secretary shall have responsibility for establishing standards for the control, prevention, and treatment of tuberculosis and ((shall have administrative responsibility and control for all tuberculosis)) hospitals ((facilities)) approved to treat tuberculosis in the state operated ((pursuant to)) under this chapter and chapter 70.30 RCW ((70.32.010, 70.32.050, and 70.32.060)) and for providing, either directly or through agreement, contract, or purchase, ((hospital, nursing home and other)) appropriate facilities and services ((including laboratory services)) for persons who are, or may be suffering from tuberculosis except as otherwise provided by RCW 70.30.061((, 70.33.020, 70.33.030, and 70.33.040)) or this section.

       ((Pursuant to)) Under that responsibility, the secretary shall have the following powers and duties:

       (1) To develop and enter into such agreements, contracts, or purchase arrangements with counties and public and private agencies or institutions to provide for hospitalization, nursing home, or other appropriate facilities and services, including laboratory services, for persons who are or may be suffering from tuberculosis((, or to provide for and maintain any tuberculosis hospital facility which the secretary determines is necessary to meet the needs of the state, to determine where such hospitals shall be located and to adequately staff such hospitals to meet patient care needs));

       (2) ((To appoint a medical director for each tuberculosis hospital facility operated pursuant to this chapter and RCW 70.32.010, 70.32.050, and 70.32.060;

       (3))) Adopt such rules ((and regulations)) as are necessary to assure effective patient care and treatment((, and to provide for the general administration)) of tuberculosis ((hospital facilities operated pursuant to this chapter and RCW 70.32.010, 70.32.050, and 70.32.060)).

       Sec. 9. RCW 70.33.040 and 1975 1st ex.s. c 291 s 4 are each amended to read as follows:

       In order to maintain adequate ((tuberculosis hospital facilities and to provide for adequate hospitalization, nursing home and other appropriate)) facilities and services for the residents of the state of Washington who are or may be suffering from tuberculosis and to assure their proper care, ((the standards set by the secretary pursuant to RCW 70.33.020 and 70.32.050 and 70.32.060,)) the legislative authority of each county shall budget annually a sum to provide such services in the county.

       ((If such counties desire to receive state services, they may elect to utilize funds pursuant to this section for the purpose of contracting with the state upon agreement by the state for the cost of providing tuberculosis hospitalization and/or outpatient treatment including laboratory services, or such)) The funds may be retained by the county for operating its own services for the prevention and treatment of tuberculosis ((or any other community health purposes authorized by law)). None of ((such)) the counties shall be required to make any payments to the state or any other agency from these funds except ((upon the express consent of the county legislative authority: PROVIDED, That)) as authorized by the local health department. However, if the counties do not comply with the ((promulgated)) adopted standards of the department, the secretary shall take action to provide ((such)) the required services and to charge the affected county directly for the provision of these services by the state.

       NEW SECTION. Sec. 10. A new section is added to chapter 70.30 RCW to read as follows:

       The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

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

       (2) "Secretary" means the secretary of the department of health or his or her designee.

       (3) "Tuberculosis control" refers to the procedures administered in the counties for the control, prevention, and treatment of tuberculosis.

       NEW SECTION. Sec. 11. (1) RCW 70.33.010 and 70.33.020 are each recodified as sections in chapter 70.28 RCW.

       (2) RCW 70.32.010 and 70.33.040 are each recodified as sections in chapter 70.30 RCW.

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

       (1) RCW 70.28.040 and 1899 c 71 s 4;

       (2) RCW 70.28.050 and 1967 c 54 s 3 & 1899 c 71 s 5;

       (3) RCW 70.30.072 and 1972 ex.s. c 143 s 3;

       (4) RCW 70.32.050 and 1971 ex.s. c 277 s 22, 1967 c 54 s 16, 1945 c 66 s 5, & 1943 c 162 s 5;

       (5) RCW 70.32.060 and 1971 ex.s. c 277 s 23, 1967 c 54 s 17, 1945 c 66 s 6, & 1943 c 162 s 6;

       (6) RCW 70.33.030 and 1983 c 3 s 173, 1973 1st ex.s. c 213 s 3, & 1971 ex.s. c 277 s 17; and

       (7) RCW 70.33.060 and 1971 ex.s. c 277 s 20.

       NEW SECTION. Sec. 13. 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."


MOTIONS


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

       On page 1, beginning on line 2 of the title, after "tuberculosis;" strike the remainder of the title and insert "amending RCW 70.28.010, 70.28.020, 70.28.037, 70.30.061, 70.32.010, 70.33.010, 70.33.020, and 70.33.040; adding new sections to chapter 70.30 RCW; adding new sections to chapter 70.28 RCW; creating a new section; recodifying RCW 70.33.010, 70.33.020, 70.32.010, and 70.33.040; and repealing RCW 70.28.040, 70.28.050, 70.30.072, 70.32.050, 70.32.060, 70.33.030, and 70.33.060."

      On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1371, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1371, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1371, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; 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, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senators Kohl-Welles and Loveland - 2.

     Excused: Senators McCaslin and Swecker - 2.

      SUBSTITUTE HOUSE BILL NO. 1371, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Eide, Senator Kohl-Welles was excused.


SECOND READING


      HOUSE JOINT MEMORIAL NO. 4008, by Representatives Regala, Sump, Linville, G. Chandler and Haigh

 

Requesting support for the full federal appropriation to fund state aquatic nuisance species management plans.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, House Joint Memorial No. 4008 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4008.


ROLL CALL


      The Secretary called the roll on the final passage of House Joint Memorial No. 4008 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Kohl-Welles, McCaslin and Swecker - 3.

      HOUSE JOINT MEMORIAL NO. 4008, having received the constitutional majority, was declared passed.


SECOND READING


      HOUSE BILL NO. 1261, by Representatives Romero, Conway, Veloria, Cooper, O'Brien and Kenney

 

Modifying motor vehicles of injured 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 3, line 1, after "(8)" strike "(a)"

       On page 3, beginning on line 3, after "injury." strike all material through "act." on line 5

      On motion of Senator Fairley, the rules were suspended, House Bill No. 1261, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1261, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1261, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Kohl-Welles, McCaslin and Swecker - 3.

      HOUSE BILL NO. 1261, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5932, by Senators Loveland, Bauer, Rossi, West, Hale and Rasmussen

 

Changing provisions relating to bond debt service payments from the community and technical college capital projects account.


MOTIONS


      On motion of Senator Loveland, Substitute Senate Bill No. 5932 was substituted for Senate Bill No. 5932 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. 5932 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. 5932.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5932 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senator Deccio - 1.

     Excused: Senators Kohl-Welles, McCaslin and Swecker - 3.

      SUBSTITUTE SENATE BILL NO. 5932, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 5:03 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Thursday, April 8, 1999.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate