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ONE HUNDRED-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, April 23, 1999
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Finkbeiner, Haugen, Rossi, Sellar, West and Wojahn. On motion of Senator Deccio, Senators Finkbeiner, Rossi and Sellar were excused. On motion of Senator Franklin, Senators Bauer and Wojahn were excused. On motion of Senator Eide, Senator Haugen was excused.
The Sergeant at Arms Color Guard consisting of Pages Charles Dwyer and Dan Gibbon, presented the Colors. Jim Erlandson of the Reorganized Church of Latter-Day Saints 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.
MESSAGE FROM THE GOVERNOR
April 22, 1999
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I have the honor to advise you that on April 22, 1999, Governor Locke approved the following Senate Bills entitled:
Substitute Senate Bill No. 5010
Relating to sexual misconduct by employees of custodial agencies.
Senate Bill No. 5012
Relating to the pollution liability insurance program trust account.
Substitute Senate Bill No. 5030
Relating to the Washington state patrol surviving spouse retirement allowance.
Senate Bill No. 5037
Relating to the court of appeals.
Engrossed Senate Bill No. 5141
Relating to newborn screening fees.
Senate Bill No. 5156
Relating to voluntary expansion of local housing authority boards of commissioners to comply with federal law.
Senate Bill No. 5178
Relating to correcting references to the third grade standardized achievement test.
Substitute Senate Bill No. 5191
Relating to motor carriers operating without a permit.
Senate Bill No. 5194
Relating to information technology management in state government.
Engrossed Substitute Senate Bill No. 5195
Relating to protecting employee benefits.
Substitute Senate Bill No. 5215
Relating to veterans’ exemptions from higher education tuition and fees.
Senate Bill No. 5262
Relating to an exemption to allow unregulated persons to perform sleep monitoring tasks.
Senate Bill No. 5278
Relating to foreign degree-granting institutions.
Senate Bill No. 5301
Relating to the processing of traffic offenses by district and municipal courts.
Substitute Senate Bill No. 5313
Relating to the scope of mental health record audits.
Senate Bill No. 5365
Relating to the preparation and sale of dietary supplements containing alcohol.
Senate Bill No. 5401
Relating to hydraulic projects.
Senate Bill No. 5402
Relating to the forest practices appeals board.
Senate Bill No. 5432
Relating to authorizing deductions from retirement allowance for charitable purposes.
Substitute Senate Bill No. 5457
Relating to conditions involving diversion agreements for juveniles under diversion programs authorized by state law prior to January 1, 1999.
Substitute Senate Bill No. 5495
Relating to regular property tax levies.
Engrossed Senate Bill No. 5564
Relating to taxation of park trailers and travel trailers.
Senate Bill No. 5614
Relating to restricting Washington industrial safety and health act citations as a result of employee misconduct.
Substitute Senate Bill No. 5615
Relating to obsolete transportation accounts and funds.
Senate Bill No. 5648
Relating to providing consistency in definitions regarding businesses furnishing lodging.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGES FROM THE HOUSE
April 22, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SENATE BILL NO. 5005,
SENATE BILL NO. 5020,
ENGROSSED SENATE BILL NO. 5036,
SENATE BILL NO. 5040,
SUBSTITUTE SENATE BILL NO. 5064,
SENATE BILL NO. 5095,
SECOND SUBSTITUTE SENATE BILL NO. 5108,
SENATE BILL NO. 5125,
SENATE BILL NO. 5127,
SUBSTITUTE SENATE BILL NO. 5147,
SUBSTITUTE SENATE BILL NO. 5153,
SUBSTITUTE SENATE BILL NO. 5154,
SUBSTITUTE SENATE BILL NO. 5179,
SUBSTITUTE SENATE BILL NO. 5213,
SUBSTITUTE SENATE BILL NO. 5214,
SUBSTITUTE SENATE BILL NO. 5219,
SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5279,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5290,
SENATE BILL NO. 5307,
SENATE BILL NO. 5358,
SENATE BILL NO. 5384,
SENATE BILL NO. 5385,
SENATE BILL NO. 5499,
SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5671, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 22, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
HOUSE BILL NO. 1023,
SUBSTITUTE HOUSE BILL NO. 1068,
HOUSE BILL NO. 1080,
SECOND SUBSTITUTE HOUSE BILL NO. 1116,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131,
HOUSE BILL NO. 1154,
HOUSE BILL NO. 1299,
SUBSTITUTE HOUSE BILL NO. 1371,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1514,
HOUSE BILL NO. 1556,
SUBSTITUTE HOUSE BILL NO. 1558,
HOUSE BILL NO. 1599,
SUBSTITUTE HOUSE BILL NO. 1647,
SUBSTITUTE HOUSE BILL NO. 1677,
HOUSE BILL NO. 1699,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1798,
SUBSTITUTE HOUSE BILL NO. 1838,
SUBSTITUTE HOUSE BILL NO. 1848,
HOUSE BILL NO. 1849,
SUBSTITUTE HOUSE BILL NO. 1880,
SUBSTITUTE HOUSE BILL NO. 1951,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1991,
SUBSTITUTE HOUSE BILL NO. 2053,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2090,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2107,
HOUSE BILL NO. 2207,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2239,
HOUSE JOINT MEMORIAL NO. 4012, 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:
ENGROSSED SENATE BILL NO. 5109,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5175,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5208,
SUBSTITUTE SENATE BILL NO. 5312,
SENATE BILL NO. 5382,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5421,
SUBSTITUTE SENATE BILL NO. 5744,
SECOND SUBSTITUTE SENATE BILL NO. 5821,
SENATE BILL NO. 5837,
SUBSTITUTE SENATE BILL NO. 5864,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5866,
SENATE BILL NO. 5915,
SUBSTITUTE SENATE BILL NO. 6001,
SENATE BILL NO. 6065,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8406.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1023,
SUBSTITUTE HOUSE BILL NO. 1068,
HOUSE BILL NO. 1080,
SECOND SUBSTITUTE HOUSE BILL NO. 1116,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131,
HOUSE BILL NO. 1154,
HOUSE BILL NO. 1299,
SUBSTITUTE HOUSE BILL NO. 1371,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1514,
HOUSE BILL NO. 1556,
SUBSTITUTE HOUSE BILL NO. 1558,
HOUSE BILL NO. 1599,
SUBSTITUTE HOUSE BILL NO. 1647,
SUBSTITUTE HOUSE BILL NO. 1677,
HOUSE BILL NO. 1699,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1798,
SUBSTITUTE HOUSE BILL NO. 1838,
SUBSTITUTE HOUSE BILL NO. 1848,
HOUSE BILL NO. 1849,
SUBSTITUTE HOUSE BILL NO. 1880,
SUBSTITUTE HOUSE BILL NO. 1951,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1991,
SUBSTITUTE HOUSE BILL NO. 2053,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2090,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2107,
HOUSE BILL NO. 2207,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2239,
HOUSE JOINT MEMORIAL NO. 4012.
INTRODUCTION AND FIRST READING
SB 6105 by Senators Brown and Hochstatter
AN ACT Relating to the provision of telecommunication facilities and services by public utility districts; adding a new section to chapter 54.16 RCW; and creating a new section.
Referred to Committee on Energy, Technology and Telecommunications.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9202, Lisa M. Pelly, as a member of the Fish and Wildlife Commission, was confirmed.
Senators Jacobsen and Oke spoke to the confirmation of Lisa M. Pelly, as a member of the Fish and Wildlife Commission.
APPOINTMENT OF LISA M. PELLY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 42.
Absent: Senator West - 1.
Excused: Senators Bauer, Finkbeiner, Haugen, Rossi, Sellar and Wojahn - 6.
MOTION
On motion of Senator Honeyford, Senators Deccio, Swecker and West were excused.
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9210, Fred A. Shiosaki, as a member of the Fish and Wildlife Commission, was confirmed.
Senators Jacobsen and Oke spoke to the confirmation of Fred A. Shiosaki as a member of the Fish and Wildlife Commission.
APPOINTMENT OF FRED A. SHIOSAKI
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 40.
Excused: Senators Bauer, Deccio, Finkbeiner, Haugen, Rossi, Sellar, Swecker, West and Wojahn - 9.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9026, Lonna K. Malone, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.
APPOINTMENT OF LONNA K. MALONE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 40.
Absent: Senator Hargrove - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Rossi, Sellar, Swecker, West and Wojahn - 8.
MOTION
On motion of Senator Brown, Gubernatorial Appointment No. 9031, Mark Mays, as a member of the Board of Trustees for Eastern Washington University, was confirmed.
APPOINTMENT OF MARK MAYS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Absent: Senators Hargrove, Patterson and Snyder - 3.
Excused: Senators Bauer, Deccio, Finkbeiner, Rossi and Wojahn - 5.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9033, Larry Nickell, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.
APPOINTMENT OF LARRY NICKELL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Absent: Senator Snyder - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Hargrove, Rossi and Wojahn - 6.
MOTION
On motion of Senator Goings, Senator Snyder was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9046, Elmer J. Ward, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was confirmed.
APPOINTMENT OF ELMER J. WARD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Excused: Senators Bauer, Deccio, Finkbeiner, Rossi, Snyder and Wojahn - 6.
MOTION
On motion of Senator Jacobsen, the following resolution was adopted:
SENATE RESOLUTION 1999-8679
By Senator Jacobsen
WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals who reflect the standards of excellence that advance the well-being and quality of lives of all citizens of the state of Washington; and
WHEREAS, The paintings by Alfredo Arreguin graphically reflect the graceful beauty of our state's untamed natural resources, the vivid color and diverse textures of our bountiful landscapes, and the endless rainbow of hope, pride, and achievement of all our citizens; and
WHEREAS, Alfredo Arreguin was selected by our state's centennial commission to paint the Washington State centennial poster; and
WHEREAS, Alfredo Arreguin is recognized as a pioneer in his field of art for his stylistic introduction of intricately detailed repetitive patterning of abstract motifs combined with vivid portraiture and lush landscapes; and
WHEREAS, The signature patterned paintings of master artist Alfredo Arreguin have brought national and international recognition to the artistic tradition of our state; and
WHEREAS, Works by Alfredo Arreguin have been exhibited in shows across North America, Mexico, Europe, Poland, Russia, South America, and Asia, and have been used in over one hundred books; and
WHEREAS, The Smithsonian Institution's National Museum of American Art, our nation's most prestigious art museum, has selected a recent painting by Alfredo Arreguin for its permanent collection; and
WHEREAS, Alfredo Arreguin has donated countless hours of his time and talent to assist the Hispanic Community, and has served as the artistic ambassador for many young and aspiring artists nation-wide;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor Alfredo Arreguin for his artistic genius, creativity, and contributions to the arts and culture in Washington State; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Washington State Arts Commission, Seattle Arts Museum, Tacoma Art Museum, and the Consul General of Mexico.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Alfredo Arreguin and his wife Susan Lytle, as well as Jorge Gilbert, Consul of Chile, who were seated in the gallery.
MOTION
On motion of Senator Goings, the Senate returned to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9047, Heyward Watson, as a member of the Higher Education Facilities Authority, was confirmed.
APPOINTMENT OF HEYWARD WATSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Absent: Senator McAuliffe - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Rossi, Snyder and Wojahn - 6.
MOTION
On motion of Senator Franklin, Senator McAuliffe was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9062, Michael E. Donohue, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF MICHAEL E. DONOHUE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Absent: Senator Rasmussen - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, McAuliffe, Rossi, Snyder and Wojahn - 7.
MOTION
On motion of Senator Franklin, Senators Loveland and Thibaudeau were excused.
MOTION
On motion of Senator Goings, Senator Rasmussen was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9063, Dr. Darrell Hamilton, as a member of the Western State Hospital Advisory Board, was confirmed.
APPOINTMENT OF DR. DARRELL HAMILTON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 40.
Excused: Senators Bauer, Deccio, Finkbeiner, Loveland, McAuliffe, Rossi, Snyder, Thibaudeau and Wojahn - 9.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9065, Chris Jensen, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF CHRIS JENSEN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 40.
Absent: Senator Sheldon and B. - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Loveland, Rossi, Snyder, Thibaudeau and Wojahn - 8.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9071, Patrick McElligott, as a member of the State Investment Board, was confirmed.
Senators Goings, Franklin and Winsley spoke to the confirmation of Patrick McElligott as a member of the State Investment Board.
APPOINTMENT OF PATRICK McELLIGOTT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41. Excused: Senators Bauer, Deccio, Finkbeiner, Loveland, Rossi, Snyder, Thibaudeau and Wojahn - 8.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Snyder, the following resolution was adopted:
SENATE RESOLUTION 1999-8682
By Senators Snyder, Benton, Roach, Long, Oke, Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, B. Sheldon, T. Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli
WHEREAS, Nearly 6,000 Washington residents died during World War II, the seminal event of the Twentieth Century; and
WHEREAS, Thousands of other state residents served in our nation’s armed forces during that time; and
WHEREAS, Many others served on the “home front” to provide the necessary equipment and support for our men and women in uniform; and
WHEREAS, World War II was a total effort by the citizens of the United States and united our country like no other time in our nation’s history; and
WHEREAS, Creation of a World War II Memorial on the State Capitol Campus is a fitting and long overdue tribute to acknowledge the sacrifices of these veterans, home front civilians and family members; and
WHEREAS, The memorial will focus on educating our young people about what took place during the war, where it took place, and why it took place, so future generations may avoid such conflicts, and may understand the pivotal role of that war in the history of our state and country;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the tremendous sacrifices of the World War II generation for preserving our cherished freedoms and way of life; and
BE IT FURTHER RESOLVED, By the Senate that the citizens of the state of Washington are encouraged to attend the dedication and unveiling ceremony for the Washington State World War II Memorial on Friday, May 28, 1999, at 1:00 p.m. on the State Capitol Campus; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Governor Locke.
Senators Snyder, Benton, Heavey, Long, Hargrove, Franklin, Roach, Shin, Oke and Swecker spoke to Senate Resolution 1999-8682.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the veterans, as well as the members of the organizing committee for the World War II Memorial, who were seated in the gallery.
The President also introduced the parents of Senator Heavey, Thelma and Jack Coleman, who were seated on the rostrum. Mr. Coleman is the recipient of three purple hearts.
MOTION
On motion of Senator Goings, the Senate returned to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9072, Helen C. Malone, as a member of the Board of Trustees for Spokane and Spokane Falls Community Colleges District No. 17, was confirmed.
APPOINTMENT OF HELEN C. MALONE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.
Absent: Senators Kohl-Welles, McAuliffe and Morton - 3.
Excused: Senators Bauer, Deccio, Finkbeiner, Thibaudeau and Wojahn - 5.
MOTION
On motion of Senator Goings, Senator Kohl-Welles was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9073, Gerald Morgan, as a member of the State Investment Board, was confirmed.
APPOINTMENT OF GERALD MORGAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 44.
Excused: Senators Deccio, Finkbeiner, Kohl-Welles, Thibaudeau and Wojahn - 5.
MOTIONS
On motion of Senator Hale, Senators Rossi and West were excused.
On motion of Senator Franklin, Senators Bauer, Loveland and Snyder were excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9090, Dorothy Blake, as a member of the Western State Hospital Advisory Board, was confirmed.
APPOINTMENT OF DOROTHY BLAKE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 38.
Absent: Senator Sellar - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Kohl-Welles, Loveland, Rossi, Snyder, Thibaudeau, West and Wojahn - 10.
MOTION
On motion of Senator Honeyford, Senators Benton, Long, and Zarelli were excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9092, Dr. Dean K. Brooks, as Chair of the Western State Hospital Advisory Board, was confirmed.
APPOINTMENT OF DR. DEAN K. BROOKS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker and Winsley - 37.
Excused: Senators Bauer, Benton, Deccio, Finkbeiner, Kohl-Welles, Long, Loveland, Rossi, Thibaudeau, West, Wojahn and Zarelli - 12.
PERSONAL PRIVILEGE
Senator Jacobsen: “A point of personal privilege, Mr. President. I would just like to say that at noon, in the Secretary of State’s Office, there will be a reception for Alfredo Arreguin. Also, the painting that is in here will be down there and you can inspect it in detail and better light.”
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9097, Dianne Campbell, as a member of the Board of Trustees for Cascadia Community College District No. 30, was confirmed.
APPOINTMENT OF DIANNE CAMPBELL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9. Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Winsley and Zarelli - 39.
Absent: Senator Spanel - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Long, Loveland, Rossi, Thibaudeau, West and Wojahn - 9.
MOTION
On motion of Senator Goings, Senator Spanel was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9099, Dr. Ronald D. Cantu, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF DR. RONALD D. CANTU
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, Winsley and Zarelli - 38.
Absent: Senator McCaslin - 1.
Excused: Senators Bauer, Deccio, Finkbeiner, Long, Loveland, Rossi, Spanel, Thibaudeau, West and Wojahn - 10.
MOTION
At 11:57 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by President Owen.
MOTIONS
On motion of Senator Honeyford, Senators McDonald and Roach was excused.
On motion of Senator Franklin, Senator Snyder was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9107, James W. Cunningham, as a member of the Board of Trustees for Bellingham Technical College District No. 25, was confirmed.
APPOINTMENT OF JAMES W. CUNNINGHAM
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 6; Excused, 9.
Voting yea: Senators Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Winsley and Zarelli - 34.
Absent: Senators Brown, Haugen, Heavey, McCaslin, Sellar and Swecker - 6.
Excused: Senators Bauer, Finkbeiner, McDonald, Roach, Rossi, Snyder, Thibaudeau, West and Wojahn - 9.
MOTION
On motion of Senator Goings, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Hargrove, the following resolution was adopted:
SENATE RESOLUTION 1999-8678
By Senators Hargrove, T. Sheldon, Snyder, Long and Bauer
WHEREAS, Law enforcement is an honorable career that requires dedication and selflessness, and law enforcement personnel lead a life of service to the community, inherently subject to danger; and
WHEREAS, Community corrections officers are vital to the well being of any community, filling an indispensable role monitoring offenders who have been released; and
WHEREAS, Tom Perrine has served the Grays Harbor Area as a community corrections officer since 1993, dedicating himself to helping others and improving the region in which he lives; and
WHEREAS, Mr. Perrine has demonstrated his commitment to the safety of his community by working to bring programs such as the "Smart Partnership" to Grays Harbor; and
WHEREAS, Tom Perrine has been recognized by his peers as an exemplary corrections officer by being named Community Corrections Officer of the Year for the Department of Corrections Southwest Region in 1998; and
WHEREAS, Tom Perrine knowingly and willfully placed himself in a dangerous position for the benefit of people; and
WHEREAS, He was the victim of a targeted, vicious act of violence at his home on January 26, 1999; and
WHEREAS, Tom Perrine is recovering from severe eye, leg, and hand injuries, and making splendid progress;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate, on this day, recognize and thank Tom Perrine for his selfless dedication to the state of Washington and his community through his work and his life; and
BE IT FURTHER RESOLVED, That the Washington State Senate wish Tom Perrine a complete and speedy recovery; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to Tom Perrine.
Senators Hargrove, Tim Sheldon and Snyder spoke to Senate Resolution 1999-8678.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Tom Perrine and his family, who were seated in the gallery.
MOTION
On motion of Senator Honeyford, Senator McCaslin was excused.
MOTION
On motion of Senator Franklin, the following resolution was adopted:
SENATE RESOLUTION 1999-8680
By Senators Franklin, Kohl-Welles, Prentice, Kline, Jacobsen, Thibaudeau and Fraser
WHEREAS, 1999 marks the Fiftieth Anniversary of the founding of the Mary Mahoney Professional Nurses Organization, which helps support young African American women and men who seek careers in nursing; and
WHEREAS, Mary Eliza Mahoney was the first black woman to earn a nursing degree in the United States, graduating from the nursing school of the New England Hospital for Women and Children; and
WHEREAS, The Mary Mahoney Professional Nurses Organization was begun by the first thirteen African American nurses to work in Seattle; and
WHEREAS, Over the past fifty years, the organization has helped close to seventy women and men who wanted to become nurses to reach their goal; and
WHEREAS, The Mary Mahoney Professional Nurses Organization was founded by a group of nurses who endured racism in their efforts to get into nursing programs, while they were students, and even during their time as professionals working at Seattle hospitals; and
WHEREAS, Those women remained committed to their chosen profession in spite of the rejection they too often encountered from both co-workers and patients alike; and
WHEREAS, By founding their organization, the nurses exemplified the ideal of helping others seeking a nursing education to climb the ladder of success instead of pulling that ladder up after themselves; and
WHEREAS, The Mary Mahoney Professional Nurses Organization continues to exemplify that ideal today, raising funds through its annual dinner;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the goals and achievements of the Mary Mahoney Professional Nurses Organization, as well as its founders and current members, in this, its Fiftieth Anniversary Year; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit a copy of this resolution to the Mary Mahoney Professional Nurses Organization.
MOTION
On motion of Senator Costa, the following resolution was adopted:
SENATE RESOLUTION 1999-8671
By Senators Costa, Winsley, McCaslin, Thibaudeau, West, Heavey, Benton, Long, Fairley, Rasmussen, McAuliffe, Kohl-Welles, Brown, Gardner, Haugen, Eide, Kline, Shin, Bauer, B. Sheldon, Snyder, Spanel, Rossi, Roach, Sellar, Deccio, Oke, Hale, Fraser, Horn, Swecker, McDonald, Johnson, Prentice, Stevens, Honeyford, Hochstatter, Morton, Jacobsen, Wojahn, Finkbeiner, Goings and Sheahan
WHEREAS, April 25-May 1 is National Crime Victims’ Rights Week; and
WHEREAS, This event began twenty-three years ago in Philadelphia to remember crime victims; and
WHEREAS, It has since spread throughout the country in an effort to increase the public’s awareness and support of crime victims’ rights and services; and
WHEREAS, This need is apparent as a violent crime is committed in America every nineteen seconds and seventy percent of homicides involve firearms; and
WHEREAS, In 1997, more than 18,000 people were murdered in the United States, including two hundred forty-four murders in Washington committed with weapons; and
WHEREAS, The highest percentage of murder victims in Washington are young adults, ages eighteen through twenty-four; and
WHEREAS, It is estimated that one woman is battered every nine seconds in the United States and 1.3 adult women are raped every minute; and
WHEREAS, While the number of reported rapes in Washington has decreased since 1992, nearly 3,000 rapes occurred in 1997; and
WHEREAS, Law-abiding citizens are no less deserving of justice, rights, resources, restoration, and rehabilitation than the violent offenders who harm them; and
WHEREAS, The week’s theme, “Victims’ Voices -- Silent No More, reflects the power generated when crime victims and their advocates speak out against crime victimization; and
WHEREAS, Crime does not concentrate in one specific area; it encompasses rape, murder, robbery, burglary, theft, violence, stalking, domestic violence, child abuse, and vehicular assault; and
WHEREAS, As a nation devoted to liberty and justice for all, America must increase its efforts to protect and expand crime victims’ rights and services;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize the pain and suffering caused by crime and express its unequivocal support for crime victims nationwide, their family, and their friends.
Senators Costa and Heavey spoke to Senate Resolution 1999-8671.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the Advocates of Crime Victims, who were seated in the gallery.
MOTION
On motion of Senator Goings, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 21, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2005 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Gardner, the Senate receded from it amendment(s) to Substitute House Bill No. 2005.
MOTIONS
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 2005 was returned to second reading and read the second time.
On motion of Senator Gardner, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.40.020 and 1995 c 403 s 509 are each amended to read as follows:
As used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Auditor" means the office of the state auditor.
(2) "Employee" means any individual employed or holding office in any department or agency of state government.
(3) "Good faith" means a reasonable basis in fact for the communication. "Good faith" is lacking when the employee knows or reasonably ought to know that the report is malicious, false, or frivolous.
(4) "Gross waste of funds" means to spend or use funds or to allow funds to be used without valuable result in a manner grossly deviating from the standard of care or competence that a reasonable person would observe in the same situation.
(5)(a) "Improper governmental action" means any action by an employee((:
(i) Which is)) undertaken in the performance of the employee's official duties((, whether or not the action is within the scope of the employee's employment; and)):
(((ii))) (i) Which is ((in violation of any state law or rule, is an abuse of authority,)) gross waste of public funds or resources as defined in this section;
(ii) Which is in violation of federal or state law or rule, if the violation is not merely technical or of a minimum nature; or
(iii) Which is of substantial and specific danger to the public health or safety((, or is a gross waste of public funds)).
(b) "Improper governmental action" does not include personnel actions, for which other remedies exist, including but not limited to employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state civil service law, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any action which may be taken under chapter 41.06 RCW, or other disciplinary action except as provided in RCW 42.40.030.
(((4))) (6) "Substantial and specific danger" means a risk of serious injury, illness, peril, or loss, to which the exposure of the public is a gross deviation from the standard of care or competence which a reasonable person would observe in the same situation.
(7) "Use of official authority or influence" includes taking, directing others to take, recommending, processing, or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation, or any adverse action under chapter 41.06 RCW, or other disciplinary action.
(((5))) (8) "Whistleblower" means an employee who in good faith reports alleged improper governmental action to the auditor, initiating an investigation under RCW 42.40.040. For purposes of the provisions of this chapter and chapter 49.60 RCW relating to reprisals and retaliatory action, the term "whistleblower" also means: (a) An employee who in good faith provides information to the auditor in connection with an investigation under RCW 42.40.040 and an employee who is believed to have reported ((alleged)) asserted improper governmental action to the auditor or to have provided information to the auditor in connection with an investigation under RCW 42.40.040 but who, in fact, has not reported such action or provided such information; or (b) an employee who in good faith identifies rules warranting review or provides information to the rules review committee, and an employee who is believed to have identified rules warranting review or provided information to the rules review committee but who, in fact, has not done so.
NEW SECTION. Sec. 2. An employee must make a reasonable attempt to ascertain the correctness of the information furnished and may be subject to disciplinary actions, including, but not limited to, suspension or termination, for knowingly furnishing false information as determined by the employee's appointing authority.
Sec. 3. RCW 42.40.040 and 1992 c 118 s 2 are each amended to read as follows:
(1)(a) In order to be investigated, an assertion of improper governmental action must be provided to the auditor within one year after the occurrence of the asserted improper governmental action.
(b) The auditor has the authority to determine whether to investigate any assertions received. In determining whether to conduct either a preliminary or further investigation, the auditor shall consider factors including, but not limited to: The nature and quality of evidence and the existence of relevant laws and rules; whether the action was isolated or systematic; the history of previous assertions regarding the same subject or subjects or subject matter; whether other avenues are available for addressing the matter; whether the matter has already been investigated or is in litigation; the seriousness or significance of the asserted improper governmental action; and the cost and benefit of the investigation. The auditor has the sole discretion to determine the priority and weight given to these and other relevant factors and to decide whether a matter is to be investigated. The auditor shall document the factors considered and the analysis applied.
(c) The auditor also has the authority to investigate assertions of improper governmental actions as part of an audit conducted under chapter 43.09 RCW. The auditor shall document the reasons for handling the matter as part of such an audit.
(2) Subject to subsection (5)(c) of this section, the identity of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation.
(3) Upon receiving specific information that an employee has engaged in improper governmental action, the auditor shall, within five working days of receipt of the information, mail written acknowledgement to the whistleblower at the address provided stating whether a preliminary investigation will be conducted. For a period not to exceed thirty working days from receipt of the assertion, the auditor shall conduct such preliminary investigation of the matter as the auditor deems appropriate. ((In conducting the investigation, the identity of the whistleblower shall be kept confidential.
(2))) (4) In addition to the authority under subsection (((1))) (3) of this section, the auditor may, on its own initiative, investigate incidents of improper state governmental action.
(((3))) (5)(a) If it appears to the auditor, upon completion of the preliminary investigation, that the matter is so unsubstantiated that no further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower.
(b) The written notification shall ((be by memorandum containing)) contain a summary of the information received((, a summary)) and of the results of the preliminary investigation with regard to each ((allegation)) assertion of improper governmental action((, and any determination made by the auditor under (c) of this subsection)).
(c) In any case to which this section applies, the identity of the whistleblower shall be kept confidential unless the auditor determines that the information has been provided other than in good faith.
(d) ((If it appears to the auditor that the matter does not meet the definition of an "improper governmental action" under RCW 42.40.020(3), or is other than a gross waste of public funds, the auditor may forward a summary of the allegations to the appropriate agency for investigation and require a response by memorandum no later than thirty days after the allegations are received from the auditor. The response shall contain a summary of the investigation with regard to each allegation and any determination of corrective action taken. The auditor will keep the identity of the whistleblower confidential. Upon receipt of the results of the investigation from the appropriate agency, the auditor will notify the whistleblower as prescribed under (a), (b), and (c) of this subsection)) With the agency's consent, the auditor may forward the assertions to an appropriate agency to investigate and report back to the auditor no later than sixty working days after the assertions are received from the auditor. The auditor is entitled to all investigative records resulting from such a referral. All procedural and confidentiality provisions of this chapter apply to investigations conducted under this subsection. The auditor shall document the reasons the assertions were referred.
(((4))) (6) During the preliminary investigation, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts and laws known at the time and the procedure for the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation. This notification does not limit the auditor from considering additional facts or laws which become known during further investigation.
(7)(a) If it appears to the auditor after completion of the preliminary investigation that further investigation, prosecution, or administrative action is warranted, the auditor shall so notify the whistleblower, the subject or subjects of the investigation, and the agency head and either conduct a further investigation((s)) or issue a report under subsection (((6))) (10) of this section.
(b) If the preliminary investigation resulted from an anonymous assertion, a decision to conduct further investigation shall be subject to review by a three-person panel convened as necessary by the auditor prior to the commencement of any additional investigation. The panel shall include a state auditor representative knowledgeable of the subject agency operations, a citizen volunteer, and a representative of the attorney general's office. This group shall be briefed on the preliminary investigation and shall recommend whether the auditor should proceed with further investigation.
(c) If further investigation is to occur, the auditor shall provide written notification of the nature of the assertions to the subject or subjects of the investigation and the agency head. The notification shall include the relevant facts known at the time and the procedure to be used by the subject or subjects of the investigation and the agency head to respond to the assertions and information obtained during the investigation.
(8) Within sixty working days after the ((thirty-day)) preliminary investigation period in subsection (((1))) (3) of this section, the auditor shall complete the investigation and report its findings to the whistleblower unless written justification for the delay is furnished to the whistleblower, agency head, and subject or subjects of the investigation. In all such cases, the report of the auditor's investigation and findings shall be sent to the whistleblower within one year after the information was filed under subsection (((1))) (3) of this section.
(((5))) (9)(a) At any stage of an investigation under this section the auditor may require by subpoena the attendance and testimony of witnesses and the production of documentary or other evidence relating to the investigation at any designated place in the state. The auditor may issue subpoenas, administer oaths, examine witnesses, and receive evidence. In the case of contumacy or failure to obey a subpoena, the superior court for the county in which the person to whom the subpoena is addressed resides or is served may issue an order requiring the person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
(b) The auditor may order the taking of depositions at any stage of a proceeding or investigation under this chapter. Depositions shall be taken before an individual designated by the auditor and having the power to administer oaths. Testimony shall be reduced to writing by or under the direction of the individual taking the deposition and shall be subscribed by the deponent.
(((6))) (c) Agencies shall cooperate fully in the investigation and shall take appropriate action to preclude the destruction of any evidence during the course of the investigation.
(d) During the investigation the auditor shall interview each subject of the investigation. If it is determined there is reasonable cause to believe improper governmental action has occurred, the subject or subjects and the agency head shall be given fifteen working days to respond to the assertions prior to the issuance of the final report.
(10)(a) If the auditor determines ((that)) there is reasonable cause to believe ((that)) an employee has engaged in ((any)) improper ((activity)) governmental action, the auditor shall report the nature and details of the activity to:
(i) The ((employee)) subject or subjects of the investigation and the head of the employing agency; and
(ii) If appropriate, the attorney general or such other authority as the auditor determines appropriate.
(b) The auditor has no enforcement power except that in any case in which the auditor submits ((a)) an investigative report ((of alleged improper activity)) containing reasonable cause determinations to the ((head of an)) agency, the ((attorney general, or any other individual to which a report has been made under this section, the individual shall report to the auditor with respect to any action taken by the individual regarding the activity, the first report being transmitted no later than thirty days after the date of the auditor's report and monthly thereafter until final action is taken)) agency shall send its plan for resolution to the auditor within fifteen working days of having received the report. The agency is encouraged to consult with the subject or subjects of the investigation in establishing the resolution plan. The auditor may require periodic reports of agency action until all resolution has occurred. If the auditor determines that appropriate action ((is)) has not ((being)) been taken ((within a reasonable time)), the auditor shall report the determination to the governor and to the legislature and may include this determination in the agency audit under chapter 43.09 RCW.
(((7))) (11) Once the auditor concludes that appropriate action has been taken to resolve the matter, the auditor shall so notify the whistleblower, the agency head, and the subject or subjects of the investigation. If the resolution takes more than one year, the auditor shall provide annual notification of its status to the whistleblower, agency head, and subject or subjects of the investigation.
(12) This section does not limit any authority conferred upon the attorney general or any other agency of government to investigate any matter.
NEW SECTION. Sec. 4. The auditor has the authority to contract for any assistance necessary to carry out the provisions of this chapter.
NEW SECTION. Sec. 5. The cost of administering this chapter is funded through the auditing services revolving account created in RCW 43.09.410.
NEW SECTION. Sec. 6. A whistleblower wishing to provide information under this chapter regarding asserted improper governmental action against the state auditor or an employee of that office shall provide the information to the attorney general who shall act in place of the auditor in investigating and reporting the matter.
NEW SECTION. Sec. 7. Chapter . . ., Laws of 1999 (this act) does not affect the jurisdiction of the legislative ethics board, the executive ethics board, or the commission on judicial conduct, as set forth in chapter 42.52 RCW. The senate, the house of representatives, and the supreme court shall adopt policies regarding the applicability of chapter 42.40 RCW to the senate, house of representatives, and judicial branch.
NEW SECTION. Sec. 8. The office of financial management shall contract for a performance audit of the state employee whistleblower program on a cycle to be determined by the office of financial management. The audit shall be done in accordance with generally accepted government auditing standards beginning with the fiscal year ending June 30, 2001. The audit shall determine at a minimum: Whether the program is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; the causes of inefficiencies or uneconomical practices; and whether the program has complied with laws and rules on matters of economy and efficiency. The audit shall also at a minimum determine the extent to which the desired results or benefits established by the legislature are being achieved, the effectiveness of the program, and whether the auditor has complied with significant laws and rules applicable to the program.
The cost of the audit is a cost of operating the program and shall be funded by the auditing services revolving account created by RCW 43.09.410.
Sec. 9. RCW 43.09.410 and 1995 c 301 s 25 are each amended to read as follows:
An auditing services revolving account is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the audits provided to state agencies by the state auditor and audits of the state employee whistleblower program under section 8 of this act.
NEW SECTION. Sec. 10. Sections 2 and 4 through 8 of this act are each added to chapter 42.40 RCW."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On page 1, line 1 of the title, after "whistleblowers;" strike the remainder of the title and insert "amending RCW 42.40.020, 42.40.040, and 43.09.410; and adding new sections to chapter 42.40 RCW."
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 2005, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2005, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2005, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Wojahn and Zarelli - 45.
Absent: Senator Winsley - 1.
Excused: Senators McCaslin, Thibaudeau and West - 3.
SUBSTITUTE HOUSE BILL NO. 2005, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Sellar, Senator Morton was excused.
MESSAGE FROM THE HOUSE
April 17, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1833 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Bauer, the Senate receded from it amendment(s) to House Bill No. 1833.
MOTIONS
On motion of Senator Bauer, the rules were suspended, House Bill No. 1833 was returned to second reading and read the second time.
Senator Bauer moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.335.170 and 1990 c 33 s 360 are each amended to read as follows:
The board of directors of any school district may enter into contracts for their respective districts ((for periods not exceeding five years in duration)) with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space((,)) and portable buildings((, security systems, computers and other equipment)) for periods not exceeding ten years in duration;
(2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems, computers, and other equipment for periods not exceeding five years in duration; and
(3) To provide pupil transportation services for periods not exceeding five years in duration.
No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the cost of contracting will not exceed the projected cost of operating its own pupil transportation.
The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.505.140 and 28A.310.330.
The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.525 RCW to read as follows:
The board of directors of any school district may use the proceeds of voter-approved bonds, voter-approved levies, state allocations for financial assistance, or other funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds of voter-approved bonds or tax levies may be used for such payments to the full extent allowed by Article VII, section 2 of the state Constitution.
Sec. 3. RCW 28A.530.010 and 1991 c 114 s 3 are each amended to read as follows:
The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:
(1) Funding outstanding indebtedness or bonds theretofore issued; or
(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or
(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or
(4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or
(5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or
(6) For payment of (a) an installment purchase contract for school plant facilities or (b) a financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration, but only to the extent such payment constitutes a capital expenditure; or
(7) For any or all of these and other capital purposes.
Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.
Except for bonds issued under RCW 28A.530.080, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.
The bonds shall be issued and sold in accordance with chapter 39.46 RCW."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Bauer to House Bill No. 1833, under suspension of the rules.
The motion by Senator Bauer carried and the striking amendment was adopted under suspension of the rules.
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 28A.335.170 and 28A.530.010; and adding a new section to chapter 28A.525 RCW."
On motion of Senator Bauer, the rules were suspended, House Bill No. 1833, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1833, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1833, as amended by the Senate under suspension of the rules, 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, 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.
Excused: Senators McCaslin and Morton - 2.
HOUSE BILL NO. 1833, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGES FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1015,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1024,
SUBSTITUTE HOUSE BILL NO. 1053,
SECOND SUBSTITUTE HOUSE BILL NO. 1132,
SUBSTITUTE HOUSE BILL NO. 1163,
HOUSE BILL NO. 1388,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407,
HOUSE BILL NO. 1442,
HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1569,
SUBSTITUTE HOUSE BILL NO. 1619,
HOUSE BILL NO. 1642,
SECOND SUBSTITUTE HOUSE BILL NO. 1716,
HOUSE BILL NO. 1761,
SUBSTITUTE HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1811,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1969,
SUBSTITUTE HOUSE BILL NO. 1971,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085, and the same are herewith transmitted.
DEAN R. FOSTER, Chief Clerk
TIMOTHY A. MARTIN, Chief Clerk
April 23, 1999
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE SENATE BILL NO. 5134,
SECOND SUBSTITUTE SENATE BILL NO. 5452,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5508,
SUBSTITUTE SENATE BILL NO. 5513,
SUBSTITUTE SENATE BILL NO. 5619,
SENATE BILL NO. 5628,
SUBSTITUTE SENATE BILL NO. 5638,
SENATE BILL NO. 5643,
ENGROSSED SENATE BILL NO. 5649,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5661,
SUBSTITUTE SENATE BILL NO. 5706,
ENGROSSED SENATE BILL NO. 5720,
SUBSTITUTE SENATE BILL NO. 5728,
SENATE BILL NO. 5731,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5803, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
DEAN R. FOSTER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1015,
SUBSTITUTE HOUSE BILL NO. 1016,
SUBSTITUTE HOUSE BILL NO. 1024,
SUBSTITUTE HOUSE BILL NO. 1053,
SECOND SUBSTITUTE HOUSE BILL NO. 1132,
SUBSTITUTE HOUSE BILL NO. 1163,
HOUSE BILL NO. 1388,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1407,
HOUSE BILL NO. 1442,
HOUSE BILL NO. 1549,
SUBSTITUTE HOUSE BILL NO. 1569,
SUBSTITUTE HOUSE BILL NO. 1619,
HOUSE BILL NO. 1642,
SECOND SUBSTITUTE HOUSE BILL NO. 1716,
HOUSE BILL NO. 1761,
SUBSTITUTE HOUSE BILL NO. 1770,
SUBSTITUTE HOUSE BILL NO. 1811,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1969,
SUBSTITUTE HOUSE BILL NO. 1971,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2085.
MESSAGE FROM THE HOUSE
April 17, 1999
MR. PRESIDENT:
The House insists on its position and asks the Senate to recede from its amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1893, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Fraser, the Senate receded from it amendment(s) to Engrossed Second Substitute House Bill No. 1893.
MOTIONS
On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute House Bill No. 1893 was returned to second reading and read the second time.
Senator Fraser moved that the following striking amendment by Senators Fraser, Swecker, Betti Sheldon and Spanel be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that facilitating the environmental permit process will increase citizen satisfaction and compliance with state and local permit requirements. Lack of coordination in the processing of permit applications causes costly delays and frustration to the applicant. The public deserves a clear, predictable system for land-use decisions. The legislature also finds that permit issuance can be expedited by requiring state agencies and local jurisdictions to coordinate their permit processes.
Sec. 2. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:
(1) A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing ((by adopting an ordinance providing for such administrative review)). The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. ((The administrative review process shall include the))
(2) If the county, city, or town has not adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it shall conduct administrative review of preliminary plats consistent with the following minimum conditions:
(((1))) (a) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application. Additionally, at least ten days after the filing of the application notice both shall be: (((a))) (i) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (((b))) (ii) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site. The applicant shall provide the county, city, or town with a list of such property owners and their addresses. The notice shall include notification that no public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments.
(((2))) (b) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto.
(((3))) (c) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice. If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.
(((4))) (d) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision.
(((5))) (e) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100.
(3) If the county, city, or town has adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it may conduct administrative review of preliminary plats consistent with its procedures and time frames. At a minimum, local permitting procedures and time frames related to administrative review of preliminary plats shall provide for:
(a) Notice of application by publication, posting, and mailing. All forms of notice shall include a prominent statement that no public hearing will be held on the application, except as provided by this section. All forms of notice shall clearly state procedures and time frames for persons to make comments on the proposal and request a public hearing.
(b) Written comments on the application by any person. Comments received shall be provided to the applicant, and the applicant shall be provided seven days from receipt of the comments to respond thereto.
(c) A public hearing on the application if any person files a request for a hearing within the time frame specified. If a hearing is requested, notice requirements for the public hearing and the time frame for approval or disapproval of the application shall be consistent with other local permitting procedures. Any hearing conducted under this subsection shall be conducted by the planning commission or hearing officer as required by local ordinance.
(d) A public hearing on the application if the legislative or executive branch of the county, city, or town so requests within the time frame specified.
(e) Expedited agency review and transmittal of its recommendation on the application to the legislative body of the county, city, or town, if there is no request for public hearing.
Sec. 3. RCW 90.60.010 and 1995 c 347 s 601 are each amended to read as follows:
The legislature hereby finds and declares:
(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.
(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.
(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.
(4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.
(5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.
(6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.
(7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.
(8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.
(9) It is also the intent of this chapter ((to provide)) that by providing an optional coordinated permit process, measures are taken by the parties that promote the public's trust and confidence in the underlying permit process, including providing consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.
Sec. 4. RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Center" means the permit assistance center established in the ((commission [department])) department by RCW 90.60.030.
(2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.
(3) "Department" means the department of ecology.
(4) "Local government" means counties, cities, and towns.
(5) "Participating permit agency" means a permit agency, or a state agency or local government other than the coordinating permit agency, that is responsible for the issuance of a permit or use authorization for a project.
(((5))) (6) "Parties" collectively means the coordinating permit agency, permit agency, and participating permit agency.
(7) "Permit" means any license, certificate, registration, permit, or other form of use authorization required by a permit agency to engage in a particular activity.
(((6))) (8) "Permit agency" means:
(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and
(b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.
(((7))) (9) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.
(10) "Use authorization" means a lease, material purchase, easement, permit, or other document authorizing use of state-owned aquatic lands and/or materials.
NEW SECTION. Sec. 5. A new section is added to chapter 90.60 RCW to read as follows:
The center shall establish regional center offices at four department regional or field offices to provide better access to the center's services in all areas of the state.
Sec. 6. RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:
(1) The permit assistance center is established within the department. The center shall:
(((1))) (a) Publish and keep current one or more handbooks containing lists and explanations of all permit laws. To the extent possible, the handbook shall include relevant local, state, federal, and tribal laws. A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center. The center shall seek the cooperation of relevant federal agencies and tribal governments;
(((2))) (b) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;
(((3))) (c) Work closely and cooperatively with the business license center in providing efficient and nonduplicative service to the public;
(((4))) (d) Seek the assignment of employees from the permit agencies ((listed under RCW 90.60.020(6)(a))) as defined in this chapter to serve on a rotating basis in staffing the center;
(((5))) (e) Collect and disseminate information to public and private entities on federal, state, local, and tribal government programs that rely on private professional expertise to assist governmental agencies in project permit review; and
(((6))) (f) In consultation with permit applicants, state agencies, local governments, and interested publics, provide ((an annual)) a biennial report to the legislature ((on potential conflicts and perceived inconsistencies among existing statutes. The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.)) that:
(i) Includes statutory and other recommendations for streamlining and coordinating environmental permitting in Washington;
(ii) Summarizes the results of the center's efforts to measure performance and outcomes over time;
(iii) Summarizes, evaluates, and makes statutory and other recommendations for improving the center's and permitting agencies' efforts to provide public notice efficiently and for promoting effective public participation in permitting processes;
(iv) Details efforts on the part of the center, the department, and the parties to promote the public's trust and confidence in the permitting process. Examples of such efforts include, but are not limited to, the development of statutory and other policies and procedures, guidance, roles, and responsibilities; and
(v) Shows revenues generated by the center's services, and the center's budget and expenditures.
(2) The department shall prioritize the expenditure of general fund moneys allotted to the center to provide a set of services to the applicants of small projects.
Sec. 7. RCW 90.60.100 and 1995 c 347 s 610 are each amended to read as follows:
(1) The ((coordinating permit agency)) parties may enter into a written cost-reimbursement agreement with the applicant to recover from the applicant the reasonable costs incurred by the ((coordinating permit agency)) parties in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
(2) The ((coordinating permit agency may recover only the costs of performing those coordinated permit services and)) written cost-reimbursement agreement shall be negotiated with the permit applicant ((in)) following the meeting required pursuant to RCW 90.60.070. Permit agencies may assign work to current staff, temporary staff, or technical consultants in order to carry out the work covered by the written cost-reimbursement agreement or the work remaining for the permit agency as a result of the coordinated permit process. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
NEW SECTION. Sec. 8. A new section is added to chapter 90.60 RCW to read as follows:
(1) It is the intent of this chapter to provide an interagency forum for the discussion of significant issues related to the permitting processes and use authorizations for projects that are proposed on state-owned aquatic lands where there are multiple permits, programs, and legal authorities involved.
(2) It is a goal of this chapter to encourage all agencies and local governments involved in issuing permits or granting use authorizations for a single project on state-owned aquatic lands to communicate with each other on a timely basis and early in the project review process in order to maximize coordination, facilitate problem resolution, promote the effectiveness of permit decisions, and enhance citizen understanding and involvement in the permit process. It is also a goal of this chapter that all permitting or authorizing federal and state agencies, local governments, and tribal governments be involved in coordinating their respective roles related to permits or use authorizations from the outset of any review process.
(3) For the purposes of this section, "aquatic lands" means as it is defined in RCW 79.90.010.
NEW SECTION. Sec. 9. A new section is added to chapter 90.60 RCW to read as follows:
(1) The applicant may submit a joint aquatic resource permit application to the permit assistance center if a project proposed for the use of state-owned aquatic lands requires:
(a) A hydraulic project approval under chapter 75.20 RCW;
(b) A wastewater discharge permit under chapter 90.48 RCW, or a federal clean water act section 401 certification; and
(c) A substantial development permit under chapter 90.58 RCW.
(2) If requested by the applicant, the permit assistance center shall facilitate a project scoping meeting including the project applicant, the department of natural resources, the department of ecology, the department of fish and wildlife, and the local governments in whose jurisdiction the project is proposed. Federal agencies and tribal governments that either issue or may require a permit, or that may require a use authorization for the project or have fishery resources that might be affected by the project, shall each be invited to name a representative to participate in the coordinated permit review process for proposed projects on state-owned aquatic lands. All participating agencies are encouraged to remain in communication for purposes of coordination throughout the permit review processes until final permit decisions are made.
(3) The purpose of the scoping meeting is to share perspectives and identify the issues and information needs of concern to each participant with regard to the proposed project, and jointly develop a strategy for coordinating permitting and issuance of use authorization issues. This project scoping process shall be concluded within sixty days of the date of receipt of the joint aquatic resource permit application by the permit assistance center.
(a) During this review, the participating agencies shall identify:
(i) The specific information needs and issues of concern and their significance to each participant with regard to the permitting processes involved;
(ii) Any statutory or regulatory conflicts that might arise relating to differing legal authorities and roles of the agencies issuing the permit or use authorization of the project;
(iii) Any state or local jurisdiction or private sector liability that might result from permitting or issuing a use authorization for the project; and
(iv) Any natural resources, including federal or state listed species, that might be adversely affected by the permitting or authorizing decision.
(b) Following this project scoping review, the outcome shall be documented in written form and furnished to the applicant, and be available to the public.
(c) Upon completion of this review, the permitting and authorizing agencies and governments shall proceed according to their respective statutes. Nothing in this section may prevent the parties from reconvening later in the course of the permitting or use authorization process.
NEW SECTION. Sec. 10. A new section is added to chapter 47.01 RCW to read as follows:
The legislature recognizes that the department is working with state and federal agencies to address transportation construction and maintenance program impacts so that these programs meet the requirements of the federal clean water act and the consultation requirements of the federal endangered species act. The legislature supports the department's efforts in this regard and encourages the department to work collaboratively with local governments and other interested parties during these consultations, and to provide local governments and other interested parties with opportunity to participate in this process to the extent practicable.
The department shall report by December 1st of each year to the legislature the status of any programmatic consultation developed under this section.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 43.131.387 (Permit assistance center--Termination) and 1995 c 347 s 617; and
(2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c 347 s 618.
NEW SECTION. Sec. 12. A new section is added to chapter 43.21A RCW to read as follows:
The legislature recognizes that the department is working with state and federal agencies to coordinate the permitting requirements of the federal clean water act and the consultation requirements of the federal endangered species act. The legislature supports the department's efforts in this regard and encourages the department to work collaboratively with local governments and other interested parties during these consultations, and to provide local governments and other interested parties with opportunity to participate in this process to the extent practicable.
The department shall report by December 1st of each year to the legislature the status of any programmatic consultation developed under this section.
NEW SECTION. Sec. 13. The permit assistance center shall terminate June 30, 2003.
NEW SECTION. Sec. 14. (1) Sections 3 through 6 and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 29, 1999.
(2) Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTION
Senator Tim Sheldon moved that the following amendments by Senators Tim Sheldon, Rasmussen, Benton and Morton to the striking amendment by Senators Fraser, Swecker, Betti Sheldon and Spanel be considered simultaneously and be adopted:
On page 9, after line 28 of the amendment, insert the following:
"Sec. 10. RCW 75.20.100 and 1998 c 190 s 87 are each amended to read as follows:
(1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld.
(2)(a) Except as provided in RCW 75.20.1001, the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section.
(b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.
(c) The forty-five day requirement shall be suspended if:
(i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection; or
(iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.
(d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not met.
(3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.
(b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
(c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
(d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.
(4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life based on sound science and applicable documentation. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.
(5)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.
(b) For purposes of this section and RCW 75.20.103, "emergency" means an immediate threat to life, the public, property, or of environmental degradation.
(c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.
(6) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
(7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.
A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
(8) For the purposes of this section and RCW 75.20.103, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
(9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.
This section does not apply to small scale prospecting and mining activities, which are governed by section 11 of this act.
NEW SECTION. Sec. 11. A new section is added to chapter 75.20 RCW to read as follows:
(1) Small scale prospecting and mining is exempt from the provisions of this chapter, provided that fish eggs or fry are not affected at any time.
(2) For the purposes of this chapter, "small scale prospecting and mining" means the use of methods such as pans, nonmotorized sluice boxes no larger than five feet long in the greatest dimension, nonmotorized concentrators no longer than five feet long in the greatest dimension, and nonmotorized minirocker boxes no longer than five feet long in the greatest dimension for the discovery and recovery of minerals at or below the ordinary high water mark."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 10, beginning on line 32 of the amendment, after "(2)" strike all material through "immediately" on line 35 and insert "Sections 7, 10, and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions and take effect immediately"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Tim Sheldon, Rasmussen, Benton and Morton on page 9, after line 28, and page 10, beginning on line 32, to the striking amendment by Senators Fraser, Swecker, Betti Sheldon and Spanel to Engrossed Second Substitute House Bill No. 1893.
The motion by Senator Tim Sheldon carried and the amendments to the striking amendment were adopted on a rising vote.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Swecker, Betti Sheldon and Spanel, as amended, to Engrossed Second Substitute House Bill No. 1893.
The motion by Senator Fraser carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "issuance;" strike the remainder of the title and insert "amending RCW 58.17.095, 90.60.010, 90.60.020, 90.60.030, and 90.60.100; adding new sections to chapter 90.60 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.21A RCW; creating new sections; repealing RCW 43.131.387 and 43.131.388; providing effective dates; and declaring an emergency."
On page 11, line 6 of the title amendment, after "90.60.030," strike "and" and after "90.60.100" insert ", and 75.20.100" and on line 7 of the title amendment, after "90.60 RCW;" insert "adding a new section to chapter 75.20 RCW;"
On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute House Bill No. 1893, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1893, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1893, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 46. Voting nay: Senator Thibaudeau - 1. Absent: Senator McDonald - 1. Excused: Senator McCaslin - 1. ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1893, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 8, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5364 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.08.180 and 1997 c 451 s 3 and 1997 c 321 s 57 are each reenacted and amended to read as follows:
Except as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, That the board shall reserve from distribution such amount not exceeding five hundred thousand dollars as may be necessary for the proper administration of this title.
(1) All license fees, penalties and forfeitures derived under this act from ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses or ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licensees shall every three months be disbursed by the board as follows:
(a) Three hundred thousand dollars per biennium, to the University of Washington for the forensic investigations council to conduct the state toxicological laboratory pursuant to RCW 68.50.107; and
(b) Of the remaining funds:
(i) 6.06 percent to the University of Washington and 4.04 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research; and
(ii) 89.9 percent to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050;
(2) The first fifty-five dollars per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;
(3) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360, shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050; and
(4) One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068. The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for.
Sec. 2. RCW 66.08.220 and 1949 c 5 s 11 are each amended to read as follows:
The board shall set aside in a separate account in the liquor revolving fund an amount equal to ten percent of its gross sales of liquor to ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licensees, less the fifteen percent discount provided for in RCW 66.24.440; and the moneys in said separate account shall be distributed in accordance with the provisions of RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, HOWEVER, That no election unit in which the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses is unlawful shall be entitled to share in the distribution of moneys from such separate account.
Sec. 3. RCW 66.12.110 and 1975-'76 2nd ex.s. c 20 s 1 are each amended to read as follows:
A person twenty-one years of age or over may bring into the state from without the United States, free of tax and markup, for his personal or household use such alcoholic beverages as have been declared and permitted to enter the United States duty free under federal law.
Such entry of alcoholic beverages in excess of that herein provided may be authorized by the board upon payment of an equivalent markup and tax as would be applicable to the purchase of the same or similar liquor at retail from a Washington state liquor store. The board shall adopt appropriate regulations pursuant to chapter 34.05 RCW for the purpose of carrying out the provisions of this section. The board may issue a ((class H)) spirits, beer, and wine private club license to a charitable or nonprofit corporation of the state of Washington, the majority of the officers and directors of which are United States citizens and the minority of the officers and directors of which are citizens of the Dominion of Canada, and where the location of the premises for such ((class H)) spirits, beer, and wine private club license is not more than ten miles south of the border between the United States and the province of British Columbia.
Sec. 4. RCW 66.24.185 and 1997 c 321 s 4 are each amended to read as follows:
(1) There shall be a license for bonded wine warehouses which shall authorize the storage of bottled wine only. Under this license a licensee may maintain a warehouse for the storage of wine off the premises of a winery.
(2) The board shall adopt similar qualifications for a bonded wine warehouse license as required for obtaining a domestic winery license as specified in RCW 66.24.010 and 66.24.170. A licensee must be a sole proprietor, a partnership, a limited liability company, or a corporation. One or more domestic wineries may operate as a partnership, corporation, business co-op, or agricultural co-op for the purposes of obtaining a bonded wine warehouse license.
(3) All bottled wine shipped to a bonded wine warehouse from a winery or another bonded wine warehouse shall remain under bond and no tax imposed under RCW 66.24.210 shall be due, unless the wine is removed from bond and shipped to a licensed Washington wine distributor. Wine may be removed from a bonded wine warehouse only for the purpose of being (a) exported from the state, (b) shipped to a licensed Washington wine distributor, or (c) returned to a winery or bonded wine warehouse.
(4) Warehousing of wine by any person other than (a) a licensed domestic winery or a bonded wine warehouse licensed under the provisions of this section, (b) a licensed Washington wine distributor, (c) a licensed Washington wine importer, (d) a wine certificate of approval holder (W7), or (e) the liquor control board, is prohibited.
(5) A license applicant shall hold a federal permit for a bonded wine cellar and may be required to post a continuing wine tax bond ((in the amount of five thousand dollars in a form prescribed)) of such an amount and in such a form as may be required by the board prior to the issuance of a bonded wine warehouse license. The fee for this license shall be one hundred dollars per annum.
(6) The board shall adopt rules requiring a bonded wine warehouse to be physically secure, zoned for the intended use and physically separated from any other use.
(7) Every licensee shall submit to the board a monthly report of movement of bottled wines to and from a bonded wine warehouse in a form prescribed by the board. The board may adopt other necessary procedures by which bonded wine warehouses are licensed and regulated.
Sec. 5. RCW 66.24.450 and 1998 c 126 s 9 and 1998 c 114 s 1 are each reenacted and amended to read as follows:
(1) No club shall be entitled to a spirits, beer, and wine private club license:
(a) Unless such private club has been in continuous operation for at least one year immediately prior to the date of its application for such license;
(b) Unless the private club premises be constructed and equipped, conducted, managed, and operated to the satisfaction of the board and in accordance with this title and the regulations made thereunder;
(c) Unless the board shall have determined pursuant to any regulations made by it with respect to private clubs, that such private club is a bona fide private club; it being the intent of this section that license shall not be granted to a club which is, or has been, primarily formed or activated to obtain a license to sell liquor, but solely to a bona fide private club, where the sale of liquor is incidental to the main purposes of the spirits, beer, and wine private club, as defined in RCW 66.04.010(7).
(2) The annual fee for a spirits, beer, and wine private club license, whether inside or outside of an incorporated city or town, is seven hundred twenty dollars per year.
(3) The board may issue an endorsement to the ((full service)) spirits, beer, and wine private club license that allows up to forty nonclub, member-sponsored events using club liquor. Visitors and guests may attend these events only by invitation of the sponsoring member or members. These events may not be open to the general public. The fee for the endorsement shall be an annual fee of nine hundred dollars. Upon the board's request, the holder of the endorsement must provide the board or the board's designee with the following information at least seventy-two hours prior to the event: The date, time, and location of the event; the name of the sponsor of the event; and a brief description of the purpose of the event.
Sec. 6. RCW 66.24.580 and 1996 c 224 s 2 are each amended to read as follows:
(1) A public house license allows the licensee:
(a) To annually manufacture no less than two hundred fifty gallons and no more than two thousand four hundred barrels of beer on the licensed premises;
(b) To sell product, that is produced on the licensed premises, at retail on the licensed premises for consumption on the licensed premises;
(c) To sell beer or wine not of its own manufacture for consumption on the licensed premises if the beer or wine has been purchased from a licensed beer or wine wholesaler;
(d) To hold other classes of retail licenses at other locations without being considered in violation of RCW 66.28.010;
(e) To apply for and, if qualified and upon the payment of the appropriate fee, be licensed as a ((class H)) spirits, beer, and wine restaurant to do business at the same location. This fee is in addition to the fee charged for the basic public house license.
(2) While the holder of a public house license is not to be considered in violation of the prohibitions of ownership or interest in a retail license in RCW 66.28.010, the remainder of RCW 66.28.010 applies to such licensees.
(3) A public house licensee must pay all applicable taxes on production as are required by law, and all appropriate taxes must be paid for any product sold at retail on the licensed premises.
(4) The employees of the licensee must comply with the provisions of mandatory server training in RCW 66.20.300 through 66.20.350.
(5) The holder of a public house license may not hold a wholesaler's or importer's license, act as the agent of another manufacturer, wholesaler, or importer, or hold a brewery or winery license.
(6) The annual license fee for a public house is one thousand dollars.
(7) The holder of a public house license may hold other licenses at other locations if the locations are approved by the board.
(8) Existing holders of annual retail liquor licenses may apply for and, if qualified, be granted a public house license at one or more of their existing liquor licensed locations without discontinuing business during the application or construction stages.
Sec. 7. RCW 66.28.220 and 1993 c 21 s 3 are each amended to read as follows:
The board shall adopt rules requiring retail licensees to affix appropriate identification on all containers of four gallons or more of malt liquor for the purpose of tracing the purchasers of such containers. The rules may provide for identification to be done on a state-wide basis or on the basis of smaller geographical areas.
The board shall develop and make available forms for the declaration and receipt required by RCW 66.28.200. The board may charge ((class E)) grocery store licensees for the costs of providing the forms and that money collected for the forms shall be deposited into the liquor revolving fund for use by the board, without further appropriation, to continue to administer the cost of the keg registration program.
It is unlawful for any person to sell or offer for sale kegs or other containers containing four gallons or more of malt liquor to consumers who are not licensed under chapter 66.24 RCW if the kegs or containers are not identified in compliance with rules adopted by the board.
Sec. 8. RCW 66.40.030 and 1994 c 55 s 1 are each amended to read as follows:
Within any unit referred to in RCW 66.40.010, there may be held a separate election upon the question of whether the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses, shall be permitted within such unit. The conditions and procedure for holding such election shall be those prescribed by RCW 66.40.020, 66.40.040, 66.40.100, 66.40.110 and 66.40.120. Whenever a majority of qualified voters voting upon said question in any such unit shall have voted "against the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses", the county auditor shall file with the liquor control board a certificate showing the result of the canvass at such election; and after ninety days from and after the date of the canvass, it shall not be lawful for licensees to maintain and operate premises within the election unit licensed under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses. The addition after an election under this section of new territory to a city, town, or county, by annexation, disincorporation, or otherwise, shall not extend the prohibition against the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses to the new territory. Elections held under RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and 66.40.140, shall be limited to the question of whether the sale of liquor by means other than under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses shall be permitted within such election unit.
Sec. 9. RCW 66.40.130 and 1949 c 5 s 13 are each amended to read as follows:
Ninety days after December 2, 1948, ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses may be issued in any election unit in which the sale of liquor is then lawful. No ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility license shall be issued in any election unit in which the sale of liquor is forbidden as the result of an election held under RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and 66.40.140, unless a majority of the qualified electors in such election unit voting upon this initiative at the general election in November, 1948, vote in favor of this initiative, or unless at a subsequent general election in which the question of whether the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses shall be permitted within such unit is submitted to the electorate, as provided in RCW 66.40.030, a majority of the qualified electors voting upon such question vote "for the sale of liquor under ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licenses."
Sec. 10. RCW 66.44.190 and 1997 c 321 s 62 are each amended to read as follows:
Except at the faculty center as so designated by the university board of regents to the Washington state liquor control board who may issue a ((class H)) spirits, beer, and wine private club license therefor, it shall be unlawful to sell any intoxicating liquors, with or without a license on the grounds of the University of Washington, otherwise known and described as follows: Fractional section 16, township 25 north, range 4 east of Willamette Meridian except to the extent allowed under banquet permits issued pursuant to RCW 66.24.481.
Sec. 11. RCW 66.44.340 and 1986 c 5 s 1 are each amended to read as follows:
Employers holding ((class E and/or F)) grocery store or beer and/or wine specialty shop licenses exclusively are permitted to allow their employees, between the ages of eighteen and twenty-one years, to sell, stock, and handle beer or wine in, on or about any establishment holding a ((class E and/or class F)) grocery store or beer and/or wine specialty shop license exclusively: PROVIDED, That there is an adult twenty-one years of age or older on duty supervising the sale of liquor at the licensed premises: PROVIDED, That minor employees may make deliveries of beer and/or wine purchased from licensees holding ((class E and/or class F)) grocery store or beer and/or wine specialty shop licenses exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the minor employee is accompanied by the purchaser.
Sec. 12. RCW 66.44.350 and 1988 c 160 s 1 are each amended to read as follows:
Notwithstanding provisions of RCW 66.44.310, employees, eighteen years of age or over, of ((class A, C, D and/or H)) beer and/or wine restaurant; beer and/or wine private club; snack bar; spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility licensees ((eighteen years of age and over)) may take orders for, serve and sell liquor in any part of the licensed premises except cocktail lounges, bars, or other areas classified by the Washington state liquor control board as off-limits to persons under twenty-one years of age: PROVIDED, That such employees may enter such restricted areas to perform work assignments including picking up liquor for service in other parts of the licensed premises, performing clean up work, setting up and arranging tables, delivering supplies, delivering messages, serving food, and seating patrons: PROVIDED FURTHER, That such employees shall remain in the areas off-limits to minors no longer than is necessary to carry out their aforementioned duties: PROVIDED FURTHER, That such employees shall not be permitted to perform activities or functions of a bartender.
Sec. 13. RCW 68.50.107 and 1995 c 398 s 10 are each amended to read as follows:
There shall be established in conjunction with the University of Washington Medical School and under the authority of the state forensic investigations council a state toxicological laboratory under the direction of the state toxicologist whose duty it will be to perform all necessary toxicologic procedures requested by all coroners, medical examiners, and prosecuting attorneys. The state forensic investigations council shall appoint a toxicologist as state toxicologist. The laboratory shall be funded by disbursement from the ((class H)) spirits, beer, and wine restaurant; spirits, beer, and wine private club; and sports entertainment facility license fees as provided in RCW 66.08.180 and by appropriation from the death investigations account as provided in RCW 43.79.445.
Sec. 14. RCW 66.24.290 and 1997 c 451 s 1 and 1997 c 321 s 16 are each reenacted and amended to read as follows:
(1) Any microbrewer or domestic brewery or beer distributor licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewery or beer distributor shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of one dollar and thirty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of one dollar and thirty cents per barrel of thirty-one gallons. Any brewery or beer distributor whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection shall be distributed as follows: (a) Three-tenths of a percent shall be distributed to border areas under RCW 66.08.195; and (b) of the remaining moneys: (i) Twenty percent shall be distributed to counties in the same manner as under RCW 66.08.200; and (ii) eighty percent shall be distributed to incorporated cities and towns in the same manner as under RCW 66.08.210.
(2) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth day of the following month.
(3)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax imposed under this subsection (3) shall be deposited in the health services account under RCW 43.72.900.
(4) An additional tax is imposed on all beer that is subject to tax under subsection (1) of this section that is in the first sixty thousand barrels of beer by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one dollar and forty-eight and two-tenths cents per barrel of thirty-one gallons. By the twenty-fifth day of the following month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW 66.08.195 and the remaining moneys shall be transferred to the state general fund.
(5) The board may make refunds for all taxes paid on beer exported from the state for use outside the state.
(6) The board may require filing with the board of a bond to be approved by it, in such amount as the board may fix, securing the payment of the tax. If any licensee fails to pay the tax when due, the board may forthwith suspend or cancel his or her license until all taxes are paid.
(7) The tax imposed under this section shall not apply to "strong beer" as defined in this title.
Sec. 15. RCW 66.24.425 and 1998 c 126 s 7 are each amended to read as follows:
(1) The board may, in its discretion, issue a spirits, beer, and wine restaurant license to a business which qualifies as a "restaurant" as that term is defined in RCW 66.24.410 in all respects except that the business does not serve the general public but, through membership qualification, selectively restricts admission to the business. For purposes of RCW 66.24.400 and 66.24.420, all licenses issued under this section shall be considered spirits, beer, and wine restaurant licenses and shall be subject to all requirements, fees, and qualifications in this title, or in rules adopted by the board, as are applicable to spirits, beer, and wine restaurant licenses generally except that no service to the general public may be required.
(2) No license shall be issued under this section to a business:
(a) Which shall not have been in continuous operation for at least one year immediately prior to the date of its application; or
(b) Which denies membership or admission to any person because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical handicap.
(3) The board may issue an endorsement to the spirits, beer, and wine restaurant license issued under this section that allows up to forty nonclub, member-sponsored events using club liquor. Visitors and guests may attend these events only by invitation of the sponsoring member or members. These events may not be open to the general public. The fee for the endorsement shall be an annual fee of nine hundred dollars. Upon the board's request, the holder of the endorsement must provide the board or the board's designee with the following information at least seventy-two hours prior to the event: The date, time, and location of the event; the name of the sponsor of the event; and a brief description of the purpose of the event.
NEW SECTION. Sec. 16. RCW 66.24.300 (Refunds for taxes paid on exported beer--Bond securing tax payment) and 1995 c 232 s 5, 1951 c 93 s 1, & 1937 c 217 s 2 are each repealed."
Correct the title., and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5364 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 9, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5418 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"PART 1
OVERSIGHT OF THE ACCOUNTABILITY SYSTEM
NEW SECTION. Sec. 101. COMMISSION FORMED AND MEMBERS APPOINTED. (1) The Washington commission on educational accountability is established.
(2) The commission shall consist of seven members selected as follows:
(a) One member shall be appointed by but shall not be the superintendent of public instruction;
(b) Two members shall be appointed by the governor;
(c) Two members shall be appointed by but shall not be members of the house of representatives. The two members, one nominated by each major caucus, shall be appointed by the speaker of the house of representatives; and
(d) Two members shall be appointed by but shall not be members of the senate. The two members, one nominated by each major caucus, shall be appointed by the president of the senate.
(3) The commission shall appoint a chair from among the commission members.
(4) Appointees shall be individuals who are supportive of educational improvement, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
(5) Each appointing authority shall appoint its initial commission members by July 1, 1999. The first meeting of the commission shall be convened by the superintendent of public instruction no later than July 30, 1999.
(6) Members shall serve for terms of four years, with the terms expiring on June 30th of the fourth year of the term. However, in the case of the initial members, one of the members appointed by the governor shall serve for a three-year term and both members appointed by the house of representatives shall serve for two-year terms, with each of the terms expiring on June 30th of the applicable year.
(7) Each appointing authority shall fill any vacancies in appointments that may occur.
NEW SECTION. Sec. 102. COMMISSION'S POWERS AND DUTIES. The powers and duties of the Washington commission on educational accountability shall include, but are not limited to the following:
(1) The adoption and revision of performance improvement goals by subject and grade level, as assessed by the Washington assessment of student learning. The goals shall be in addition to and may revise any goals adopted in RCW 28A.630.887 (as recodified by this act). However, before each goal is implemented, the commission shall present the goal to the education and fiscal committees of the house of representatives and the senate for the committees' review and comment;
(2) The adoption of objective, systematic criteria to identify successful and failed schools and school districts;
(3) The recommendation to the superintendent of public instruction of schools and school districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement;
(4) The identification of schools and school districts in which state intervention measures will be needed and the identification of a range of appropriate intervention strategies as authorized by law. At the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions as authorized by law;
(5) The identification of appropriate choice options within and outside the school district for students attending failed schools. The options shall include, but need not be limited to vocational education opportunities;
(6) The identification of performance incentive systems that have improved student achievement;
(7) The adoption of performance standards to determine whether a student has met the standard on the Washington assessment of student learning, and the determination of any performance levels above and below the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
(8) The annual review of the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system;
(9) The recommendation to the superintendent of public instruction of criteria for use in the determination of schools which might receive any funds appropriated for short-term, intensive, tailored assistance under section 402 of this act;
(10) The adoption of necessary rules;
(11) The establishment of advisory committees, which may include persons who are not members of the commission;
(12) The hiring of necessary staff and the determination of the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter;
(13) The receipt of per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060; and
(14) The holding of meetings and public hearings, including hearings on possible state interventions.
NEW SECTION. Sec. 103. COMMISSION'S REPORT ON ACCOUNTABILITY POLICIES. By September 5, 2000, the Washington commission on educational accountability shall recommend accountability policies to the governor, the superintendent of public instruction, and the education and fiscal committees of the house of representatives and senate. The policies shall include, but need not be limited to:
(1) A graduated series of increasingly intensive school district and state intervention strategies for schools in which low-performance persists over an identified period of time, including options for budgeting and personnel.
(a) The strategies shall be formulated in accordance with the assumption that school districts have primary responsibility for intervening in schools with relatively large numbers of students who are not achieving the essential academic learning requirements. However, if after a period of time, school district intervention is not successful, state intervention may be necessary.
(b) The strategies shall also be formulated in accordance with the assumption that the longer low performance persists, the less control and decision-making authority a school shall retain.
(c) In its deliberations, the commission may consider intervention strategies underway in Washington and other states, such as the type of graduated intervention system adopted by the Seattle school district;
(2) Additional assistance measures for students and schools;
(3) Rewards for successful schools and school districts; and
(4) Any statutory changes necessary to give the superintendent of public instruction the authority to implement, in a school or school district, the state intervention strategies identified in subsection (1) of this section.
PART 2
ACCOUNTABILITY GOALS, INCLUDING GOALS IN READING AND MATHEMATICS
NEW SECTION. Sec. 201. MID-TERM GOAL FOR ACCOUNTABILITY SYSTEM. The mid-term goal of the state's accountability system is that eighty percent or more of all public school students state-wide meet the state standards on the Washington assessment of student learning within a decade after the administration of each assessment is required state-wide.
Sec. 202. RCW 28A.630.887 and 1998 c 319 s 101 are each amended to read as follows:
(1) ((By December 15, 1998,)) Each school district board of directors shall:
(a) Select the reading standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline reading standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;
(b) By December 15, 2000, select the mathematics standard results on either the 1998 or 1999 fourth grade Washington assessment of student learning as the school district's fourth grade baseline mathematics standard;
(c) Establish ((a)) three-year, district-wide goals to increase, by the end of the 2000-01 school year, the percentage of students who meet or exceed the reading standard, and by the 2002-03 school year, the percentage of students who meet or exceed the mathematics standard on the fourth grade Washington assessment of student learning. The three-year percentage increase goal in each subject may not be less than the district's total percentage of students who did not meet the baseline ((reading)) standard in each subject multiplied by twenty-five percent;
(((c))) (d) Specify the annual district-wide percentage improvement increments to meet the ((three-year)) goals; and
(((d))) (e) Direct each elementary school to establish ((a)) three-year goals for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.
(2) Each school district board of directors shall:
(a) ((Report biannually to parents in writing and to the community in a public meeting the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the reading goal in kindergarten through fourth grade, including grade-level expectations, curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading standard;
(b) Report annually to the superintendent of public instruction and in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the reported information in each school's annual school performance report under RCW 28A.320.205.
(3) By December 1, 2000, the superintendent of public instruction shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the three-year reading goal, and provide recommendations to the legislature on setting reading goals for the next three years.
(4) This section expires July 1, 2006.)) By December 15, 2000, select the reading standard results on either the 1998, 1999, or 2000 seventh grade Washington assessment of student learning as the school district's seventh grade baseline reading standard;
(b) By December 15, 2001, select the mathematics standard results on either the 2000 or 2001 seventh grade Washington assessment of student learning as the school district's seventh grade baseline mathematics standard;
(c) Establish three-year district-wide goals to increase, by the end of the 2002-03 school year, the percentage of students who meet or exceed the reading standard, and by the end of the 2003-04 school year, the percentage of students who meet or exceed the mathematics standard, on the seventh grade Washington assessment of student learning. The percentage increase goal in each subject may not be less than the district's total percentage of students who did not meet the baseline standard in each subject multiplied by twenty-five percent;
(d) Specify the annual district-wide percentage improvement increments necessary to meet the goals; and
(e) Direct each middle or junior high school, as appropriate, to establish reading and mathematics goals for its seventh grade students, subject to approval by the board. The aggregate of the middle or junior high school goals must meet or exceed the district-wide goals established by the board in each subject.
(3) Schools and school districts in which ten or fewer students are eligible to be assessed in a grade level are not required to establish numerical improvement goals and performance relative to the goals.
PART 3
REPORTING RESULTS
Sec. 301. RCW 28A.630.889 and 1998 c 319 s 301 are each amended to read as follows:
(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall:
(a) Report to schools, school districts, and the legislature on the results of the ((fourth grade)) Washington assessment of student learning; and
(b) Post individual school results of the ((fourth grade)) Washington assessment of student learning on the superintendent of public instruction's internet world-wide web site.
(2) The reports shall include the assessment results by school and school district, and include changes over time. Results shall be reported as follows:
(a) The percentage of students meeting the standards;
(b) The percentage of students performing at each level of the assessment; and
(c) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.
(3) Data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility shall also be reported so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
(4) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of state-wide data files until the superintendent determines that the data are complete and accurate.
(5) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.
(6) By December 1, 2000, and by December 31st annually thereafter, the superintendent of public instruction shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading and mathematics goals under RCW 28A.630.887 (as recodified by this act) and any additional goals adopted by the commission on educational accountability.
(((2) This section expires July 1, 2006.))
NEW SECTION. Sec. 302. SCHOOL DISTRICT REPORTS ON PROGRESS TOWARD PERFORMANCE GOALS. Each school district board of directors shall:
(1)(a) Annually report to parents and to the community in a public meeting and annually report in writing the following information:
(i) District-wide and school-level three-year goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the goals, including curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the state standards;
(b) Report annually in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
(c) Include the school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.320.205.
(2) School districts in which ten or fewer students in the district or in a school in the district are eligible to be assessed in a grade level are not required to report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve student achievement.
Sec. 303. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:
(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 (as recodified by this act) becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall ((project goals in performance categories)) include school level goals under RCW 28A.630.887 (as recodified by this act), student performance relative to the goals and the percentage of students performing at each level of the assessment, a comparison of student performance at each level of the assessment to the previous year's performance, and information regarding school-level plans to achieve the goals.
(2) The annual performance report shall include, but not be limited to: (a) A brief statement of the mission of the school and the school district; (b) enrollment statistics including student demographics; (c) expenditures per pupil for the school year; (d) a summary of student scores on all mandated tests, and a comparison of those scores with comparable Washington schools of similar demographic characteristics; (e) a concise annual budget report; (f) student attendance, graduation, and dropout rates; (g) information regarding the use and condition of the school building or buildings; (h) a brief description of the ((restructuring)) learning improvement plans for the school; (i) school safety indicators, including but not limited to, the number of suspensions and of violent incidents a year at the school and at school-sponsored events; (j) information on the credentials of teachers in the school, including, but not limited to, the number of teachers with advanced degrees, the number teaching out of their endorsement areas, the average number of years teachers in the school have been teaching, and the number of teachers who have passed Washington's teacher assessments; (k) the types of choice options available to students at the school, including vocational education opportunities; and (l) an invitation to all parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall develop by June 30, 1994, and update periodically, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section. In order to make school performance reports broadly accessible to the public, the superintendent of public instruction, to the extent feasible, shall make information on each school's report available on or through the superintendent's internet web site.
PART 4
ASSISTANCE FOR SCHOOLS AND DISTRICTS
NEW SECTION. Sec. 401. ACCOUNTABILITY IMPLEMENTATION FUNDS. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to improve student learning for all students, including students with diverse needs. Activities funded by the allocations must be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals.
(2) To be eligible for allocations in the 1999-2000 school year, school district superintendents and principals must certify that activities funded by accountability implementation funds will be in accordance with the requirements of this act. To be eligible for funds in the 2000-01 school year and thereafter, school district superintendents and school principals must certify that they have analyzed the use of state, federal, and local funds used for professional development and planning and that these funds will be used in an effective manner to improve student learning.
(3) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request.
(4) The amount of allocations shall be determined in the omnibus appropriations act.
(5) The state schools for the deaf and blind are eligible to receive allocations under this section.
(6) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds.
NEW SECTION. Sec. 402. HELPING CORPS AND TARGETED ASSISTANCE FUNDS. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, may employ school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The improvement specialists shall serve on a rotating basis and shall not be permanent employees.
(2) The types of assistance provided by the improvement coordinators and specialists may include, but need not be limited to:
(a) Assistance to schools to use student performance data and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments;
(c) Consultation concerning curricula that aligns with the essential academic learning requirements and the Washington assessment of student learning and that meets the needs of diverse learners;
(d) Assistance in the identification and implementation of research-based instructional practices;
(e) Staff training that emphasizes effective instructional strategies and classroom-based assessment;
(f) Assistance in developing and implementing family and community involvement programs; and
(g) Other assistance to schools and school districts intended to improve student learning.
(3) To the extent funds are appropriated, the superintendent of public instruction shall grant funds to schools for short-term, intensive, tailored assistance to develop and implement comprehensive improvement plans that are based on reliable research and effective practices. Recommendations regarding the criteria for granting funds shall be made by the Washington commission on educational accountability to the superintendent of public instruction. Priority for funds shall be given to schools that need to improve student achievement substantially. The funds under this section are intended to stimulate comprehensive, school-wide change, rather than a piecemeal, fragmented approach to school improvement. Grant funds may not be awarded unless the following conditions are met:
(a) School districts must seek comprehensive recommendations from a helping corps technical assistance team formed by the superintendent of public instruction;
(b) Comprehensive improvement plans must be consistent with the recommendations of a helping corps technical assistance team formed by the superintendent of public instruction; and
(c) The coordinator or director of the helping corps technical assistance team must certify that the comprehensive improvement plan is consistent with the technical assistance team recommendations.
(4) To be considered comprehensive, plans must integrate, in a coherent manner, the following components:
(a) Effective, research-based methods and strategies;
(b) Comprehensive design with aligned components;
(c) High quality and continuous teacher and staff professional development and training;
(d) Measurable goals and benchmarks;
(e) Support within the school;
(f) Family and community involvement;
(g) External technical support and assistance;
(h) Measures to improve school security and supportive learning environments;
(i) Evaluation strategies; and
(j) Coordination of available federal, state, local, and private resources.
(5) When determining grant recipients, the following criteria shall be considered:
(a) Results of the Washington assessment of student learning;
(b) Student achievement evidence from district or other state assessments;
(c) The level of improvement in student achievement over time;
(d) Whether the criteria in subsection (4) of this section have been met; and
(e) The likelihood that the proposed application will lead to a plan and actions that will result in improved student achievement.
(6) Subject to available funding, individual grants shall be awarded for a period of two years.
(7) Grant applications shall be approved by the school district board of directors before submission of the application to the superintendent of public instruction.
PART 5
TRANSFER OF DUTIES AND MATERIALS
NEW SECTION. Sec. 501. SUPERINTENDENT OF PUBLIC INSTRUCTION'S DUTIES FOR STANDARDS AND ASSESSMENTS. (1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210 to develop student assessments and implement the accountability recommendations and requests of the commission on academic achievement.
(2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
(3) In consultation with the commission on educational accountability, the superintendent of public instruction shall maintain and continue to develop and revise a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures.
(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
(5) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
(6) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
(7) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
(8) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
(9) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
NEW SECTION. Sec. 502. COMMISSION ON STUDENT LEARNING--TRANSFER OF POWERS. (1) Beginning on July 1, 1999, the powers, duties, and functions of the commission on student learning are hereby transferred to the superintendent of public instruction. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the superintendent of public instruction when addressing the duties, activities, or functions regarding the essential academic learning requirements, the standards, or the assessments addressed under this act.
(2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission on student learning shall be delivered to the custody of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission on student learning shall be made available to the commission on educational accountability or the superintendent of public instruction, as appropriate.
(3) The transfer of the powers, duties, functions, and personnel of the commission on student learning shall not affect the validity of any act performed before the effective date of this section.
PART 6
MISCELLANEOUS
NEW SECTION. Sec. 601. ANALYSIS OF FOURTH GRADE MATHEMATICS ASSESSMENT. By August 1, 2000, the superintendent of public instruction shall complete an objective analysis of the fourth grade mathematics assessment. The analysis shall include, but need not be limited to, the student developmental level required to achieve the fourth grade standard successfully and the extent to which the assessment measures a student's computational skills, problem-solving skills, math communications skills, and a breakdown of other skills assessed. The analysis shall include the percentage of items that: Require students to use computational skills without the use of technology; require the use of technology to complete an item; measure mathematics communication skills; measure problem-solving skills; and measure other skills included in the mathematics assessment. The superintendent of public instruction shall consult recognized experts with differing views on the instruction of mathematics, and report the results of the analysis to the governor and the education committees of the house of representatives and the senate by August 15, 2000.
NEW SECTION. Sec. 602. SLIG'S REPEALED. RCW 28A.300.138 (Student learning improvement grants) and 1994 c 245 s 1 & 1993 c 336 s 301 are each repealed.
NEW SECTION. Sec. 603. REPEALERS. The following acts or parts of acts are each repealed:
(1) 1998 c 225 s 3 (uncodified);
(2) 1995 c 209 s 3 (uncodified); and
(3) 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified).
NEW SECTION. Sec. 604. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.
NEW SECTION. Sec. 605. NEW ACCOUNTABILITY CHAPTER CREATED. Sections 101 through 103, 201, 302, 401, 402, and 501 of this act constitute a new chapter in Title 28A RCW.
NEW SECTION. Sec. 606. RECODIFICATIONS. The following sections are each recodified as new sections in the chapter created in section 605 of this act:
RCW 28A.320.205
RCW 28A.630.887
RCW 28A.630.889
RCW 28A.630.883
RCW 28A.630.885
RCW 28A.630.945
RCW 28A.630.950
RCW 28A.630.951
RCW 28A.630.952
RCW 28A.630.953
RCW 28A.630.954
NEW SECTION. Sec. 607. EMERGENCY CLAUSE. (1) Section 101 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.
(2) Sections 502 and 603 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 608. NULL AND VOID CLAUSES. (1) If specific funding for the purposes of section 101 of this act, referencing section 101 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 101 of this act is null and void.
(2) If specific funding for the purposes of section 102 of this act, referencing section 102 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 102 of this act is null and void.
(3) If specific funding for the purposes of section 103 of this act, referencing section 103 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 103 of this act is null and void.
(4) If specific funding for the purposes of section 401 of this act, referencing section 401 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 401 of this act is null and void.
(5) If specific funding for the purposes of section 402 of this act, referencing section 402 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 402 of this act is null and void.
NEW SECTION. Sec. 609. SEVERABILITY CLAUSE. 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."
Correct the title., and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Goings, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5418 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 13, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5640 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A task force to study and make recommendations regarding the date for primary elections as provided in this act is established.
NEW SECTION. Sec. 2. The legislature finds that:
(1) The current statute relating to the timing of the primary election may not allow adequate time for absentee voters, especially military personnel living overseas, to review the candidates and issues appearing on the general election ballot before casting their votes;
(2) The proliferation of permanent absentee voters presents increasing difficulties for county auditors to canvass ballots in a timely way, which in turn may adversely affect the general election campaign of a candidate involved in a close primary race; and
(3) A delay in counting votes and processing ballots negatively impacts the public's right to timely election results and thus harms our electoral process.
Therefore, the mission of the task force includes, but is not limited to, a review of issues relating to the timing of the primary election, the canvassing of ballots, and the certification of election results. The task force shall consider alternates to the current statutes that relate to these issues, and shall provide recommendations accordingly.
NEW SECTION. Sec. 3. The task force membership consists of the following thirteen members:
(1) Three citizen members from across the state, appointed jointly by the secretary of state, the president of the senate, and the co-speakers of the house of representatives;
(2) Two members of the senate, one from each of the largest two caucuses, appointed by the president of the senate, and two members of the house of representatives, one from each of the largest two caucuses, appointed by the co-speakers of the house of representatives;
(3) The secretary of state or the secretary's designee;
(4) Three county elections officials designated by the Association of County Officials; and
(5) A representative of each major political party in the state, appointed by the chair of the state central committee for the party.
NEW SECTION. Sec. 4. The task force shall report its recommendations to the governor, the secretary of state, and the appropriate standing committees of the senate and house of representatives no later than December 1, 1999. The task force terminates on December 31, 1999.
Sec. 5. RCW 29.62.020 and 1995 c 139 s 2 are each amended to read as follows:
(1) ((No later than the tenth day after a special election or primary and no later than the fifteenth day after a general election, the county auditor shall convene the county canvassing board to process the absentee ballots and canvass the votes cast at that primary or election.)) At least every third day after a special election, primary, or general election and before certification of the election results, excepting Sundays and legal holidays, the county auditor shall convene the county canvassing board to process absentee ballots and canvass the votes cast at that special election, primary, or general election. Each time the canvassing board is convened before its final canvass of ballots, the canvassing board shall process all but fifty absentee ballots in the possession of the county auditor that have not been processed and were either received by the auditor on or before the day before the close of the polls on the day of the election or primary for which they were issued or that bear a date of mailing on or before the election or primary for which they are issued. The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass.
(2) On the tenth day after a special election or a primary and on the fifteenth day after a general election, the canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a date of mailing on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, shall be included in the canvass report.
(((2))) (3) At the request of any caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house.
PART I
ABSENTEE VOTING
Sec. 6. RCW 29.36.010 and 1991 c 81 s 29 are each amended to read as follows:
ABSENTEE BALLOT VOTING. Any registered voter of the state or any out-of-state voter, overseas voter, or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.
(((1) Except as provided in subsections (2) and (3) of this section, in RCW 29.36.013, and in RCW 29.36.170, a registered voter or elector desiring to cast an absentee ballot must request the absentee ballot from his or her county auditor no earlier than forty-five days nor later than the day before any election or primary. Except as provided in subsection (3) of this section and in RCW 29.36.170, the request may be made orally in person, by telephone, or in writing. An application or request for an absentee ballot made under the authority of any federal statute or regulation shall be considered and given the same effect as a request for an absentee ballot under this chapter.
(2) For any registered voter, a request for an absentee ballot for a primary shall be honored as a request for an absentee ballot for the following general election if the voter so indicates in his or her request. For any out-of-state voter, overseas voter, or service voter, a request for an absentee ballot for a primary election shall also be honored as a request for an absentee ballot for the following general election.
(3) A voter admitted to a hospital no earlier than five days before a primary or election and confined to the hospital on election day may apply by messenger for an absentee ballot on the day of the primary or election if a signed statement from the hospital administrator, or designee, verifying the voter's date of admission and status as a patient in the hospital on the day of the primary or election is attached to the voter's written application for an absentee ballot.
(4) In a voter's request for an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter shall state the address of that elector's last residence for voting purposes in the state of Washington and either a written application or the oath on the return envelope shall include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter shall state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify such information from the voter registration records of the county.
(5) A request for an absentee ballot from a registered voter who is within this state shall be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain any return address other than that of the appropriate county auditor.
(6) A person may request an absentee ballot for use by the person as a registered voter and may request an absentee ballot on behalf of any member of that person's immediate family who is a registered voter for use by the family member. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor: May require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested; and may deny a request which is not accompanied by this information.))
NEW SECTION. Sec. 7. A new section is added to chapter 29.36 RCW to read as follows:
REQUEST FOR SINGLE ABSENTEE BALLOT. (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day of the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence for voting purposes in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.
(4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor. No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.
NEW SECTION. Sec. 8. A new section is added to chapter 29.36 RCW to read as follows:
REQUESTING ABSENTEE BALLOT FOR FAMILY MEMBER. A registered voter may request an absentee ballot on behalf of and for use by a member of his or her immediate family who is also a registered voter. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor may require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested and under what circumstances the auditor may deny a request that is not accompanied by this information.
Sec. 9. RCW 29.36.013 and 1993 c 418 s 1 are each amended to read as follows:
REQUEST FOR ONGOING ABSENTEE VOTER STATUS. Any registered voter may apply, in writing, for status as an ongoing absentee voter. Each qualified applicant shall automatically receive an absentee ballot for each ensuing election or primary for which ((he or she)) the voter is entitled to vote and need not submit a separate request for each election. Ballots received from ongoing absentee voters shall be validated, processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter's registration record; ((or))
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) A voter being placed on inactive status.
Sec. 10. RCW 29.36.170 and 1991 c 81 s 35 are each amended to read as follows:
SPECIAL ABSENTEE BALLOT. (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot ((shall)) only ((be provided)) to a registered voter who completes an application stating that((:
(a) The voter believes that she or he will be residing or stationed or working outside the continental United States; and
(b) The voter believes that)) she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot ((shall)) will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots ((shall)) must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under chapters 29.36 and 29.62 RCW.
(4) A voter who requests a special absentee ballot under this section may also request an absentee ballot under ((RCW 29.36.010)) section 7(4) of this act. If the regular absentee ballot is properly voted and returned, the special absentee ballot ((shall be deemed)) is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.
Sec. 11. RCW 29.36.030 and 1991 c 81 s 31 are each amended to read as follows:
ISSUANCE OF ABSENTEE BALLOT. (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law((, the county auditor shall issue an absentee ballot for the primary or election for which the absentee ballot was requested)). Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct at a general election held in an even-numbered year, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot.
((At each general election in an even-numbered year, each absentee voter shall also be given a separate ballot containing the names of the candidates that have filed for the office of precinct committee officer unless fewer than two candidates have filed for the same political party in the absentee voter's precinct. The ballot shall provide space for writing in the name of additional candidates.
When mailing an absentee ballot to a registered voter temporarily outside the state or to an out-of-state voter, overseas voter, or service voter, the county auditor shall send a)) (2) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each replacement ballot provided under this subsection.
(3) A copy of the state voters' and candidates' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.
Sec. 12. RCW 29.36.035 and 1984 c 27 s 2 are each amended to read as follows:
DELIVERY OF ABSENTEE BALLOT. The delivery of an absentee ballot for any primary or election shall be subject to the following qualifications:
(1) Only the registered voter((, himself)) personally, or a member of ((his)) the registered voter's immediate family may pick up an absentee ballot for the voter at the office of the issuing officer unless the voter is ((hospitalized)) a resident of a health care facility, as defined by RCW 70.37.020(3), on election day and applies by messenger ((in accordance with RCW 29.36.010)) for an absentee ballot ((on the day of the primary or election)). In this latter case, the messenger may pick up the ((hospitalized)) voter's absentee ballot.
(2) Except as noted in subsection (1) ((above)) of this section, the issuing officer shall mail or deliver the absentee ballot directly to each applicant.
(((3) No absentee ballot shall be issued on the day of the primary or election concerned, except as provided by RCW 29.36.010, for a voter confined to a hospital on the day of a primary or election.))
Sec. 13. RCW 29.36.045 and 1987 c 346 s 12 are each amended to read as follows:
ENVELOPES AND INSTRUCTIONS. The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The larger return envelope ((shall)) must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope ((shall)) must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter ((shall)) must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope ((shall)) must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter ((shall)) must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
NEW SECTION. Sec. 14. A new section is added to chapter 29.36 RCW to read as follows:
DEFINITIONS. For purposes of canvassing and counting absentee ballots:
(1) "Initial processing" means all steps taken to prepare absentee ballots for tabulation, except for the reading of ballots by an electronic vote tallying system. Initial processing includes, but is not limited to, verification of signatures on return envelopes; removal of security envelopes from the return envelopes; removal of ballots from the security envelopes; manual inspection for damage, for write-in votes, and for incorrect or incomplete marks; duplication of damaged and write-in ballots; and other preparation of ballots for final processing.
(2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.
(3) "Tabulation" means the production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.
NEW SECTION. Sec. 15. A new section is added to chapter 29.36 RCW to read as follows:
OBSERVERS. (1) Before initial processing of absentee ballots, the county auditor shall notify the county chair of each major political party of the time and date on which absentee processing will begin, and shall request that each major political party appoint official observers to observe the processing and tabulation of absentee ballots. If a major political party has appointed observers, the observers may be present for initial processing, final processing, or tabulation, if they so choose, but failure to appoint or attend does not preclude the processing or tabulation of absentee ballots.
(2) The auditor shall adopt administrative procedures for the initial and final processing of absentee ballots. Copies of these administrative procedures must be made available to the political party observers, and to the public upon request.
Sec. 16. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:
PROCESSING ABSENTEE BALLOTS. ((The opening and subsequent processing of return envelopes for any primary or election may begin on or after the tenth day prior to such primary or election. The opening of the security envelopes and tabulation of absentee ballots shall not commence until after 8:00 o'clock p.m. on the day of the primary or election.
After opening the return envelopes, the county canvassing board shall place all of the ballot envelopes in containers that can be secured with numbered seals. These sealed containers shall be stored in a secure location until after 8:00 o'clock p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.))
(1) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on ((each)) the return envelope ((containing)) that contains the security envelope and absentee ballot. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files ((for that voter)) of the county. For ((absentee)) registered voters ((other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible)) casting absentee ballots, the date on the return envelope to which the voter ((attests shall)) has attested determines the validity, as to the time of voting((, of)) for that absentee ballot ((under this chapter)) if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For any absentee ((voter)) ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
(2) Absentee ballot return envelopes for a primary or election may be opened for initial processing on or after the tenth day before that primary or election.
(3) After opening the return envelopes, the county canvassing board shall either:
(a) Place all of the security envelopes containing the absentee ballots in containers, and secure the containers with numbered seals; or
(b) In the case of absentee ballots that will be tabulated on an electronic vote tallying system, open the security envelopes, perform the initial processing, place the absentee ballots in containers, and keep the containers in secure storage until the ballots are ready for final processing.
(4) The canvassing board, or its designated representatives, shall establish audit procedures that insure that the absentee ballots are kept in secure storage during the initial processing period.
(5) The absentee ballots must not be removed from secure storage until final processing begins. Final processing may not begin before 7:00 a.m. on the day of the primary or election. In counties using electronic vote tallying systems, the absentee ballots must be tabulated under continuous observation of representatives of the major political parties, and all other security provisions required by the secretary of state under RCW 29.04.210 and 29.36.150. No results from tabulation of absentee ballots may be produced or distributed until after 8:00 p.m. on the day of the primary or election.
Sec. 17. RCW 29.36.070 and 1990 c 262 s 2 are each amended to read as follows:
COUNTING ABSENTEE BALLOTS. The absentee ballots ((shall be grouped and counted by)) must be reported at a minimum on a congressional and legislative district ((without regard to)) basis. Absentee ballots may be counted by congressional or legislative basis or by individual precinct, except as required under RCW 29.62.090(2).
These returns ((shall)) must be added to the total of the votes cast at the polling places.
Sec. 18. RCW 29.36.075 and 1988 c 181 s 3 are each amended to read as follows:
PROCESSING DETAILS. ((In counties that do not tabulate absentee ballots on electronic vote tallying systems, canvassing boards may not tabulate or record votes cast by absentee ballots on any uncontested office except write-in votes for candidates for the office of precinct committeeperson who have filed valid declarations of candidacy under RCW 29.04.180. "Uncontested office" means an office where only one candidate has filed a valid declaration of candidacy either during the regular filing period or as a write-in candidate under RCW 29.04.180.))
Each registered voter casting an absentee ballot ((shall)) will be credited with voting on his or her voter registration record. Absentee ballots ((shall)) must be retained for the same length of time and in the same manner as ballots cast at the precinct polling places.
Sec. 19. RCW 29.36.097 and 1991 c 81 s 33 are each amended to read as follows:
ABSENTEE BALLOT RECORDS. Each county auditor shall maintain in his or her office, open for public inspection and copying, a record of the requests he or she has received for absentee ballots ((under this chapter)), a listing of all ongoing absentee voters, and a daily cumulative listing of the names of voters whose absentee ballots have been returned before each primary and election.
The information from the requests ((shall)) must be recorded and lists of this information ((shall)) must be available no later than ((twenty-four hours)) the next business day after their receipt. Lists of ongoing absentee voters must be available at all times.
This information about absentee voters ((shall)) requesting ballots will be available according to the date of the requests and by legislative district. It ((shall)) must include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable, and the names of the voters whose absentee ballots have been returned.
The auditor shall make copies of these records available to the public in either paper or electronic format for the actual cost of production or copying.
Sec. 20. RCW 29.36.100 and 1987 c 346 s 18 are each amended to read as follows:
CHALLENGED ABSENTEE BALLOTS. The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29.10 RCW.
Sec. 21. RCW 29.36.150 and 1993 c 417 s 7 are each amended to read as follows:
The secretary of state shall adopt rules implementing this chapter, including rules to:
(1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots ((and mail ballots));
(2) Establish standards and procedures to guarantee the secrecy of absentee ballots ((and mail ballots));
(3) Provide uniformity among the counties of the state in the conduct of absentee voting ((and mail ballot elections)); ((and))
(4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters;
(5) Provide flexible requirements for persons confined in health care facilities to apply for and receive absentee ballots; and
(6) Provide standards for electronic requests for absentee ballots.
The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.
Sec. 22. RCW 29.36.160 and 1994 c 269 s 2 are each amended to read as follows:
A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot((,)) or unlawfully casts a vote by absentee ballot((, or willfully violates any provision regarding the conduct of mail ballot primaries or elections under RCW 29.36.120 through 29.36.139)) is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.
NEW SECTION. Sec. 23. A new section is added to chapter 29.54 RCW to read as follows:
The secretary of state shall adopt rules providing for posters summarizing election crimes and maximum penalties to be displayed prominently in all locations where absentee ballots and ballots picked up from precincts are processed and tabulated.
PART II
MAIL BALLOTS
Sec. 24. RCW 29.36.120 and 1994 c 269 s 1 and 1994 c 57 s 48 are each reenacted and amended to read as follows:
MAIL BALLOT PRECINCTS. (((1) At any primary or election, general or special,)) The county auditor may((, in)) designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160((, conduct the voting in that precinct by)) as a mail ballot precinct. ((For any precinct having fewer than two hundred active registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election. For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote.)) The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 (as recodified by this act) shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.
((At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
In no instance shall any special election be conducted by mail ballot in any precinct with two hundred or more active registered voters if candidates for partisan office are to be voted upon.
For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each active registered voter a mail ballot and an envelope, preaddressed to the issuing officer.)) As soon as ballots are available, the county auditor shall mail or deliver a ballot and an envelope, preaddressed to the issuing officer, to each active registered voter. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active. If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.
(((2) For a two-year period beginning on June 9, 1994, and ending two years after June 9, 1994, the county auditor may conduct the voting in any precinct by mail for any primary or election, partisan or nonpartisan, using the procedures set forth in RCW 29.36.120 through 29.36.139.))
If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.
Sec. 25. RCW 29.36.121 and 1994 c 57 s 49 are each amended to read as follows:
MAIL BALLOT SPECIAL ELECTIONS. (((1))) At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the special election be conducted by mail ballot. The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in this regard is final.
(((2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:
(a) For any office or ballot measure of a special purpose district which is entirely within the county;
(b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
(3))) For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days before the date of such election, mail or deliver to each registered voter a mail ballot ((and an envelope, preaddressed to the issuing officer. The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot)). The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts.
(((4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.))
For a special election conducted by mail ballot, the county auditor shall include with the ballot a clear explanation of the qualifications necessary to vote in that election and shall also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, provided on an enclosed insert, or printed directly on the ballot itself. If this information is included, vote by mail special election ballots may be forwarded to voters in the same manner as absentee ballots. If the information is not included in the instructions, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.
NEW SECTION. Sec. 26. ODD-YEAR PRIMARIES BY MAIL. In an odd-numbered year, the county auditor may conduct a primary or a special election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose district that is entirely within the county;
(2) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and
(3) For a ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.
The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.
A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.
To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.
Sec. 27. RCW 29.36.124 and 1983 1st ex.s. c 71 s 3 are each amended to read as follows:
DEPOSITING BALLOTS FOR MAIL BALLOT ELECTIONS. (((1))) If a county auditor conducts an election by mail, the county auditor shall designate the county auditor's office ((or a central location in the district in which the election is conducted)) as the single place to obtain a replacement ballot. The county auditor also shall designate one or more places for the deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election for a period of at least thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m., and at any other times designated by the county auditor.
(((2) A registered voter may obtain a replacement ballot as provided in this subsection if the ballot is destroyed, spoiled, lost, or not received by the voter. A registered voter seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and shall present the statement to the county auditor no later than the day of the election. Each spoiled ballot must be returned to the county auditor before a new one is issued. The county auditor shall keep a record of each replacement ballot provided under this subsection.))
Sec. 28. RCW 29.36.126 and 1993 c 417 s 4 are each amended to read as follows:
RETURN OF VOTED BALLOT BY VOTER. ((Upon receipt of the mail ballot, the voter shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The voter may return the marked ballot to the county auditor. The ballot must be returned)) The voter shall return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be postmarked not later than the date of the primary or election. Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.
Sec. 29. RCW 29.36.130 and 1993 c 417 s 5 are each amended to read as follows:
BALLOT CONTENTS--COUNTING. All mail ballots authorized by RCW 29.36.120 or 29.36.121 ((shall)) (as recodified by this act) or section 26 of this act must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided ((in this chapter)) by law, mail ballots ((shall)) must be ((issued and canvassed)) treated in the same manner as absentee ballots issued ((pursuant to)) at the request of the voter. ((The county canvassing board, at the request of the county auditor, may direct that mail ballots be counted on the day of the election. If such count is made, it must be done in secrecy in the presence of the canvassing board or their authorized representatives and the results not revealed to any unauthorized person until 8:00 p.m. or later if the auditor so directs.)) If electronic vote tallying devices are used, political party observers ((shall be afforded)) must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 ((prior to the count of)) before tabulating ballots. Political party observers may select at random ballots to be counted manually as provided by RCW 29.54.025. Any violation of the secrecy of ((such)) the count ((shall be)) is subject to the same penalties as provided for in RCW 29.85.225.
NEW SECTION. Sec. 30. RULES. The secretary of state shall adopt rules to:
(1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of mail ballots;
(2) Establish standards and procedures to guarantee the secrecy of mail ballots;
(3) Provide uniformity among the counties of the state in the conduct of mail ballot elections; and
(4) Provide for requests for a replacement ballot at a mail ballot election to be made electronically.
The secretary of state shall produce and furnish envelopes and instructions for mail ballot elections for all out-of-state, overseas voters, and service voters.
NEW SECTION. Sec. 31. PENALTY. A person who willfully violates any provision of this chapter regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.
PART III
POLLING PLACE REGULATIONS
Sec. 32. RCW 29.36.050 and 1987 c 346 s 13 are each amended to read as follows:
A registered voter shall not be allowed to vote a regular ballot in the precinct in which he or she is registered at any election or primary for which that voter has ((cast)) requested an absentee ballot or if the voter is an ongoing absentee voter. A registered voter who has requested an absentee ballot for a primary or special or general election or who is an ongoing absentee voter but chooses to vote at the voter's precinct polling place in that primary or election ((shall cast a ballot in the manner prescribed by RCW 29.10.127 for challenged ballots)) must be issued and allowed to cast a special ballot. The canvassing board shall not count the ballot if it finds that the voter has also voted by absentee ballot in that primary or election.
Sec. 33. RCW 29.54.085 and 1990 c 59 s 33 are each amended to read as follows:
(1) The ballots picked up from the precincts during the polling hours may be ((counted)) initially and finally processed, but not tabulated, before the polls have closed. ((Election returns from the count of these ballots)) Results of paper ballots that were tabulated at precinct polling sites before the close of polls under RCW 29.54.018 must be held in secrecy until the polls have been closed ((as provided by RCW 29.54.018)).
(2) Upon breaking the seals and opening the ballot containers from the precincts or opening the inner security envelopes for absentee ballots, all voted ballots shall be manually inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged or has incorrect or incomplete marks so that it cannot properly be counted by the vote tallying system, a true duplicate copy shall be made of the ((damaged)) original ballot in the presence of witnesses and substituted for the ((damaged)) original ballot. All ((damaged)) original ballots for which a true duplicate copy has been made shall be kept by the county auditor until sixty days after the primary or election. Ballots may not be enhanced, except that where a voter makes a write-in vote but fails to otherwise mark a ballot indicating that a write-in vote has been made, the ballot may be enhanced by making the mark indicating that a write-in vote has been made.
Notice of the making of true duplicate copies of original ballots or enhancing ballots, as authorized in this subsection, shall be made in the same manner as notice of a special meeting is made under RCW 42.30.080 and shall also be made to the chair of the county central committee of each major political party in the county.
(3) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, write-in votes, and absentee votes, constitute the official returns of the primary or election in that county.
PART IV
TECHNICAL
NEW SECTION. Sec. 34. The following acts or parts of acts are each repealed:
(1) RCW 29.36.122 (Special election by mail--Sending ballots to voters) and 1994 c 57 s 50, 1993 c 417 s 3, & 1983 1st ex.s. c 71 s 2; and
(2) RCW 29.36.139 (Mail ballots--Counting requirements--Challenge) and 1993 c 417 s 6 & 1983 1st ex.s. c 71 s 6.
NEW SECTION. Sec. 35. (1) RCW 29.36.010, 29.36.013, 29.36.170, 29.36.030, 29.36.035, 29.36.045, 29.36.060, 29.36.070, 29.36.075, 29.36.097, 29.36.100, 29.36.150, and 29.36.160 are each recodified within chapter 29.36 RCW, in the order shown in this act, along with sections 7, 8, 14, and 15 of this act.
(2) RCW 29.36.120, 29.36.121, 29.36.124, 29.36.126, and 29.36.130 are each recodified, and, along with sections 26, 30, and 31 of this act, constitute a new chapter in Title 29 RCW.
(3) RCW 29.36.050 is recodified as a new section in chapter 29.51 RCW.
NEW SECTION. Sec. 36. Section captions and part headings used in this act are not part of the law."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Patterson, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5640 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 14, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5672 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.40.050 and 1992 c 118 s 3 are each amended to read as follows:
(1) Any person who is a whistleblower, as defined in RCW 42.40.020, and who ((as a result of being a whistleblower)) has been subjected to workplace reprisal or retaliatory action ((has)) is presumed to have established a cause of action for the remedies provided under chapter 49.60 RCW. For the purpose of this section "reprisal or retaliatory action" means but is not limited to any of the following:
(((1))) (a) Denial of adequate staff to perform duties;
(((2))) (b) Frequent staff changes;
(((3))) (c) Frequent and undesirable office changes;
(((4))) (d) Refusal to assign meaningful work;
(((5))) (e) Unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations;
(((6))) (f) Demotion;
(((7))) (g) Reduction in pay;
(((8))) (h) Denial of promotion;
(((9))) (i) Suspension;
(((10))) (j) Dismissal;
(((11))) (k) Denial of employment; ((and))
(((12))) (l) A supervisor or superior encouraging coworkers to behave in a hostile manner toward the whistleblower; and
(m) A change in the physical location of the employee's workplace or a change in the basic nature of the employee's job, if either are in opposition to the employee's expressed wish.
(2) The agency presumed to have taken retaliatory action under subsection (1) of this section may rebut that presumption by proving by a preponderance of the evidence that the agency action or actions were justified by reasons unrelated to the employee's status as a whistleblower.
(3) Nothing in this section prohibits an agency from making any decision exercising its authority to terminate, suspend, or discipline an employee who engages in workplace reprisal or retaliatory action against a whistleblower. However, the agency also shall implement any order under chapter 49.60 RCW (other than an order of suspension if the agency has terminated the retaliator)."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Kline, the Senate concurred in the House amendment to Substitute Senate Bill No. 5672.
.
MOTIONS
On motion of Senator Franklin, Senators Bauer, Loveland and Snyder were excused.
On motion of Senator Honeyford, Senators McDonald, Rossi and West were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5672, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5672, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 41.
Voting nay: Senator Finkbeiner - 1.
Excused: Senators Bauer, Loveland, McCaslin, McDonald, Rossi, Snyder and West - 7.
SUBSTITUTE SENATE BILL NO. 5672, as amended by the House, 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 Thibaudeau was excused.
MESSAGE FROM THE HOUSE
April 12, 1999
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5781 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.4453 and 1996 c 128 s 1 are each amended to read as follows:
(1)(a) Employers in this state who are taxable under this chapter and provide financial incentives to their employees for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, ((2000)) 2006, shall be allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year.
(b) Property managers who are taxable under this chapter and provide financial incentives to persons employed at a worksite managed by the property manager in this state for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, 2006, shall be allowed a credit for amounts paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per person per year. A person may not take a credit under this section for amounts claimed for credit by other persons.
(c) For ride sharing in vehicles carrying two persons, the credit shall be equal to the amount paid to or on behalf of each employee multiplied by thirty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.
(2) Application for tax credit under this chapter may only be made in the form and manner prescribed in rules adopted by the department.
(3) The credit shall be taken not more than once quarterly and not less than once annually against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the calendar year in which the payment is made.
(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.
(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit to the general fund a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account ((to the general fund)), the transportation account, and the public transportation systems account. The first draw on reimbursements to the general fund must be from the air pollution control account, and reimbursements must not exceed one and one-half million dollars in any calendar year for the tax credits claimed under RCW 82.04.4453 and 82.16.048. Reimbursements to the general fund in excess of that amount drawn from the air pollution control account must be drawn, subject to appropriation, in equal amounts from the transportation account and the public transportation systems account; but in no case may those amounts exceed three hundred seventy-five thousand dollars from each account in any calendar year.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report ((no later than December 1, 1997,)) to the legislative transportation committee and to the fiscal committees of the house of representatives and the senate. The report shall include information on the amount of tax credits claimed to date and recommendations on future funding for the tax credit program. The report shall be incorporated into the recommendations required in RCW 70.94.537(5).
(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.
(8) A person may not receive credit for amounts paid to or on behalf of the same employee under both this section and RCW 82.16.048.
Sec. 2. RCW 82.16.048 and 1996 c 128 s 3 are each amended to read as follows:
(1)(a) Employers in this state who are taxable under this chapter and provide financial incentives to their employees for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, ((2000)) 2006, shall be allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per employee per year. The credit shall be equal to the amount paid to or on behalf of each employee multiplied by fifty percent, but may not exceed sixty dollars per employee per year.
(b) Property managers who are taxable under this chapter and provide financial incentives to persons employed at a worksite managed by the property manager in this state for ride sharing, for using public transportation, or for using nonmotorized commuting before June 30, 2006, shall be allowed a credit for amounts paid to or on behalf of these persons for ride sharing in vehicles carrying two or more persons, for using public transportation, or for using nonmotorized commuting, not to exceed sixty dollars per person per year. A person may not take a credit under this section for amounts claimed for credit by other persons.
(c) For ride sharing in vehicles carrying two persons, the credit shall be equal to the amount paid to or on behalf of each employee multiplied by thirty percent, but may not exceed sixty dollars per employee per year. The credit may not exceed the amount of tax that would otherwise be due under this chapter.
(2) Application for tax credit under this chapter may only be made in the form and manner prescribed in rules adopted by the department.
(3) The credit shall be taken not more than once quarterly and not less than once annually against taxes due for the same calendar year in which the amounts for which credit is claimed were paid to or on behalf of employees for ride sharing, for using public transportation, or for using nonmotorized commuting and must be claimed by the due date of the last tax return for the calendar year in which the payment is made.
(4) The director shall on the 25th of February, May, August, and November of each year advise the state treasurer of the amount of credit taken during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.
(5) On the first of April, July, October, and January of each year, the state treasurer based upon information provided by the department shall deposit to the general fund a sum equal to the dollar amount of the credit provided under subsection (1) of this section from the air pollution control account ((to the general fund)), the transportation account, and the public transportation systems account. The first draw on reimbursements to the general fund must be from the air pollution control account, and reimbursements must not exceed one and one-half million dollars in any calendar year for the tax credits claimed under RCW 82.04.4453 and 82.16.048. Reimbursements to the general fund in excess of that amount drawn from the air pollution control account must be drawn, subject to appropriation, in equal amounts from the transportation account and the public transportation systems account; but in no case may those amounts exceed three hundred seventy-five thousand dollars from each account in any calendar year.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its ongoing evaluation of the commute trip reduction law and report ((no later than December 1, 1997,)) to the legislative transportation committee and to the fiscal committees of the house of representatives and the senate. The report shall include information on the amount of tax credits claimed to date and recommendations on future funding for the tax credit program. The report shall be incorporated into the recommendations required in RCW 70.94.537(5).
(7) Any person who knowingly makes a false statement of a material fact in the application for a credit under subsection (1) of this section is guilty of a gross misdemeanor.
(8) A person may not receive credit for amounts paid to or on behalf of the same employee under both this section and RCW 82.04.4453.
Sec. 3. RCW 82.04.4454 and 1996 c 128 s 2 are each amended to read as follows:
(1) The department shall keep a running total of all credits granted under RCW 82.04.4453 and 82.16.048 during each calendar year, and shall disallow any credits that would cause the tabulation for any calendar year to exceed ((one)) two million ((five)) two hundred twenty-five thousand dollars, or the amount provided from the air pollution control account and the appropriations from the transportation account and the public transportation systems account, whichever is less.
(2) No ((employer shall be)) person is eligible for tax credits under RCW 82.04.4453 and 82.16.048 in excess of one hundred thousand dollars in any calendar year.
(3) No ((employer shall be)) person is eligible for tax credits under RCW 82.04.4453 in excess of the amount of tax that would otherwise be due under this chapter.
(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.
Sec. 4. RCW 82.16.049 and 1996 c 128 s 4 are each amended to read as follows:
(1) The department shall keep a running total of all credits granted under RCW 82.04.4453 and 82.16.048 during each calendar year, and shall disallow any credits that would cause the tabulation for any calendar year to exceed ((one)) two million ((five)) two hundred twenty-five thousand dollars, or the amount provided from the air pollution control account and the appropriations from the transportation account and the public transportation systems account, whichever is less.
(2) No ((employer shall be)) person is eligible for tax credits under RCW 82.04.4453 and 82.16.048 in excess of one hundred thousand dollars in any calendar year.
(3) No ((employer shall be)) person is eligible for tax credits under RCW 82.16.048 in excess of the amount of tax that would otherwise be due under this chapter.
(4) No portion of an application for credit disallowed under this section may be carried back or carried forward.
Sec. 5. RCW 82.44.180 and 1998 c 321 s 41 (Referendum Bill No. 49) are each amended to read as follows:
(1) The transportation fund is created in the state treasury. Revenues under RCW 82.44.110 and 82.50.510 shall be deposited into the fund as provided in those sections.
Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for transportation purposes and activities and operations of the Washington state patrol not directly related to the policing of public highways and that are not authorized under Article II, section 40 of the state Constitution.
(2) ((There is hereby created the central Puget Sound public transportation account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(b) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects within the region from which the funds are derived, solely for:
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020; and
(e) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources.
(3))) There is hereby created the public transportation systems account within the transportation fund. Moneys deposited into the account under RCW 82.44.150(2)(b) and (c) shall be appropriated to the transportation improvement board and allocated by the transportation improvement board to public transportation projects submitted by the public transportation systems ((from which the funds are derived)) as defined by chapters 36.56, 36.57, and 36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state ferry system, solely for:
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;
(e) Other public transportation system-related roadway projects on state highways, county roads, or city streets; ((and))
(f) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board from other fund sources; and
(g) Reimbursement to the general fund of tax credits authorized under RCW 82.04.4453 and 82.16.048, subject to appropriation.
Sec. 6. 1996 c 128 s 7 (uncodified) is amended to read as follows:
(1) This act takes effect July 1, 1996.
(2) This act expires December 31, ((2000)) 2006.
Sec. 7. 1996 c 128 s 6 (uncodified) is amended to read as follows:
This act shall expire December 31, ((2000)) 2006.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions and takes effect July 1, 1999."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Eide, the Senate concurred in the House amendment to Substitute Senate Bill No. 5781.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5781, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5781, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 4; Absent, 1; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Winsley and Wojahn - 37. Voting nay: Senators Honeyford, Roach, Stevens and Zarelli - 4. Absent: Senator Sellar - 1. Excused: Senators Loveland, McCaslin, McDonald, Rossi, Snyder, Thibaudeau and West - 7. SUBSTITUTE SENATE BILL NO. 5781, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Goings, the Senate advanced to the sixth order of business.
MOTIONS
On motion of Senator Franklin, Senators Loveland and Snyder were excused.
On motion of Senator Honeyford, Senators McDonald and Rossi were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9109, Dennis A. Duncan, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.
APPOINTMENT OF DENNIS A. DUNCAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senators Haugen and Sellar - 2.
Excused: Senators Loveland, McCaslin, McDonald, Rossi and Snyder - 5.
MOTIONS
On motion of Senator Honeyford, Senators Benton and Deccio were excused.
On motion of Senator Goings, Senator Haugen was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9114, Brian Gain, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF BRIAN GAIN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 3; Excused, 8.
Voting yea: Senators Bauer, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 38.
Absent: Senators Fairley, Sellar and Thibaudeau - 3.
Excused: Senators Benton, Deccio, Haugen, Loveland, McCaslin, McDonald, Rossi and Snyder - 8.
MOTION
On motion of Senator Honeyford, Senator Sellar was excused.
MOTION
On motion of Senator Franklin, Senators Thibaudeau and Spanel were excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9116, Wendell George, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.
APPOINTMENT OF WENDELL GEORGE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 1; Excused, 10.
Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 38.
Absent: Senator Bauer - 1.
Excused: Senators Benton, Deccio, Haugen, Loveland, McCaslin, McDonald, Sellar, Snyder, Spanel and Thibaudeau - 10.
MOTION
On motion of Senator Eide, Senators Franklin, and Heavey were excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9121, Sharon Hart, as a member of the Board of Trustees for Lower Columbia Community College District No. 13, was confirmed.
APPOINTMENT OF SHARON HART
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 1; Excused, 11.
Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 37.
Absent: Senator Bauer - 1.
Excused: Senators Benton, Deccio, Franklin, Haugen, Heavey, Loveland, McCaslin, McDonald, Snyder, Spanel and Thibaudeau - 11.
MOTION
On motion of Senator Eide, Senator Hargrove was excused.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9122, Shirley Havenga, as a member of the Western State Hospital Advisory Board, was confirmed.
APPOINTMENT OF SHIRLEY HAVENGA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 0; Absent, 1; Excused, 12.
Voting yea: Senators Bauer, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Hale, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 36.
Absent: Senator Brown - 1.
Excused: Senators Benton, Deccio, Franklin, Hargrove, Haugen, Heavey, Loveland, McCaslin, McDonald, Snyder, Thibaudeau and Wojahn - 12.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9123, Joe Hawe, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF JOE HAWE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 1; Absent, 0; Excused, 11.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Fraser, Gardner, Goings, Hale, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 37. Voting nay: Senator Finkbeiner - 1. Excused: Senators Benton, Deccio, Franklin, Hargrove, Haugen, Heavey, Loveland, McCaslin, McDonald, Thibaudeau and Wojahn - 11.
MOTION
On motion of Senator Oke, Senator Winsley was excused.
MOTION TO ADJOURN
At 3:05 p.m., Senator Finkbeiner moved that the Senate adjourn until 10:00 a.m. the next working day.
Senator Goings demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Finkbeiner that the Senate adjourn until 10:00 a.m. the next working day.
ROLL CALL
The Secretary called the roll and the motion to adjourn failed by the following vote: Yeas, 19; Nays, 24; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 19. Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel and Wojahn - 24. Excused: Senators Deccio, Hargrove, Loveland, McCaslin, Thibaudeau and Winsley - 6.
MOTION
At 3:11 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:00 p.m. by President Owen.
MOTION
On motion of Senator Honeyford, Senators Hale and Swecker were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9129, J. C. Dell Jackson, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.
APPOINTMENT OF J. C. DELL JACKSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 41.
Absent: Senators Long, Sellar and West - 3.
Excused: Senators Deccio, Hale, Hargrove, McCaslin and Swecker - 5.
MOTION
On motion of Senator Goings, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2260 and asks the Senate to recede therefrom, and the same are herewith transmitted.
DEAN R. FOSTER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
MOTION
On motion of Senator Tim Sheldon, the Senate receded from it amendment(s) to Engrossed Substitute House Bill No. 2260.
MOTIONS
On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 2260 was returned to second reading and read the second time.
Senator Tim Sheldon moved that the following striking amendment by Senators Tim Sheldon, Rasmussen, Swecker and Morton be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that while Washington's economy is currently prospering, economic growth continues to be uneven, particularly as between metropolitan and rural areas. This has created in effect two Washingtons: One afflicted by inadequate infrastructure to support and attract investment, another suffering from congestion and soaring housing prices. In order to address these problems, the legislature intends to use resources strategically to build on our state's strengths while addressing threats to our prosperity.
PART I
LOCAL OPTION SALES AND USE TAX
Sec. 101. RCW 82.14.370 and 1998 c 55 s 6 are each amended to read as follows:
(1) The legislative authority of a ((distressed)) rural county may impose a sales and use tax in accordance with the terms of this chapter. The tax is in addition to other taxes authorized by law and shall be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax shall not exceed ((0.04)) 0.08 percent of the selling price in the case of a sales tax or value of the article used in the case of a use tax, except that for rural counties with population densities between sixty and one hundred persons per square mile, the rate shall not exceed 0.04 percent before January 1, 2000.
(2) The tax imposed under subsection (1) of this section shall be deducted from the amount of tax otherwise required to be collected or paid over to the department of revenue under chapter 82.08 or 82.12 RCW. The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county.
(3) Moneys collected under this section shall only be used for the purpose of financing public facilities in rural counties. The public facility must be listed as an item in the officially adopted county overall economic development plan, or the economic development section of the county's comprehensive plan, or the comprehensive plan of a city or town located within the county for those counties planning under RCW 36.70A.040. For those counties that do not have an adopted overall economic development plan and do not plan under the growth management act, the public facility must be listed in the county's capital facilities plan or the capital facilities plan of a city or town located within the county. In implementing this section, the county shall consult with cities, towns, and port districts located within the county. For the purposes of this section, "public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington.
(4) No tax may be collected under this section before July 1, 1998. No tax may be collected under this section by a county more than twenty-five years after the date that a tax is first imposed under this section.
(5) For purposes of this section, "((distressed)) rural county" means a county ((in which the average level of unemployment for the three years before the year in which a tax is first imposed under this section exceeds the average state unemployment for those years by twenty percent)) with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.
PART II
DISTRESSED COUNTY ASSISTANCE ACCOUNT
Sec. 201. RCW 82.14.380 and 1998 c 321 s 10 (Referendum Bill No. 49) are each amended to read as follows:
(1) The distressed county assistance account is created in the state treasury. Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.110. At such times as distributions are made under RCW 82.44.150, the state treasurer shall distribute the funds in the distressed county assistance account to each county imposing the sales and use tax authorized under RCW 82.14.370 as of January 1, 1999, in the same proportions as distributions of the tax imposed under RCW 82.14.370 for these counties for the previous quarter.
(2) Funds distributed from the distressed county assistance account shall be expended by the counties for criminal justice and other purposes.
PART III
TECHNOLOGY-BASED BUSINESSES
Software
NEW SECTION. Sec. 301. It is the intent of the legislature to attract and retain technology-based businesses in rural counties. Section 302 of this act provides a tax incentive to those businesses that develop or manufacture software and hardware in rural counties. Section 303 of this act provides a tax incentive to those businesses that are engaged in the business of providing technical support services from rural counties. Encouragement of these types of business will stimulate the information technology industry and be of benefit to the state economy in general. To further the impact and benefit of this program, this incentive is limited to those counties of the state that are characterized by unemployment or low income. The legislature finds that providing this targeted incentive will both increase its effectiveness and create a high technology work force in rural counties.
NEW SECTION. Sec. 302. A new section is added to chapter 82.04 RCW to read as follows:
(1) Subject to the limits and provisions of this section, a credit is authorized against the tax otherwise due under this chapter for persons engaged in a rural county in the business of manufacturing software or programming, as those terms are defined in this section.
(2) A person who partially or totally relocates a business from one rural county to another rural county is eligible for any qualifying new jobs created as a result of the relocation but is not eligible to receive credit for the jobs moved from one county to the other.
(3)(a) To qualify for the credit, the qualifying activity of the person must be conducted in a rural county and the qualified employment position must be located in the rural county.
(b) If an activity is conducted both from a rural county and outside of a rural county, the credit is available if at least ninety percent of the qualifying activity takes place within a rural county. If the qualifying activity is a service taxable activity, the place where the work is performed is the place at which the activity is conducted.
(4)(a) The credit under this section shall equal one thousand dollars for each qualified employment position created after July 1, 1999, in an eligible area. A credit is earned for the calendar year the person is hired to fill the position. Additionally a credit is earned for each year the position is maintained over the subsequent consecutive years, up to four years. The county must meet the definition of a rural county at the time the position is filled. If the county does not have a rural county status the following year or years, the position is still eligible for the remaining years if all other conditions are met.
(b) Credit may not be taken for hiring of persons into positions that exist before July 1, 1999. Credit is authorized for new employees hired for new positions created on or after July 1, 1999. New positions filled by existing employees are eligible for the credit under this section only if the position vacated by the existing employee is filled by a new hire. A business that is a sole proprietorship without any employees is equivalent to one employee position and this type of business is eligible to receive credit for one position.
(c) If a position is filled before July 1st, this position is eligible for the full yearly credit. If it is filled after June 30th, this position is eligible for half of the credit.
(d) A person that has engaged in qualifying activities in the rural county before the effective date of this section qualifies for the credit under this section for positions created and filled after the effective date of this section.
(5) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section. This information includes information relating to description of qualifying activity engaged in the rural county and outside the rural county by the person as well as detailed records on positions and employees. The department shall, in consultation with a representative group of affected taxpayers, develop a method of segregating activity and related income so that those persons who engage in multiple activities can determine eligibility for credit under this section.
(6) If at any time the department finds that a person is not eligible for tax credit under this section, the amount of taxes for which a credit has been claimed shall be immediately due. The department shall assess interest, but not penalties, on the taxes for which the person is not eligible. The interest shall be assessed at the rate provided for delinquent excise taxes under chapter 82.32 RCW, shall be assessed retroactively to the date the tax credit was taken, and shall accrue until the taxes for which a credit has been used are repaid.
(7) The credit under this section may be used against any tax due under this chapter, but in no case may a credit earned during one calendar year be carried over to be credited against taxes incurred in a subsequent calendar year. A person is not eligible to receive a credit under this section if the person is receiving credit for the same position under chapter 82.62 RCW or RCW 82.04.44525 or is taking the credit under section 303 of this act. No refunds may be granted for credits under this section.
(8) A person taking tax credits under this section shall make an annual report to the department. The report shall be in a letter form and shall include the following information: Number of positions for which credit is being claimed, type of position for which credit is being claimed, type of activity in which the person is engaged in the county, and how long the person has been located in the county. The report must be filed by January 30th of each year for which credit was claimed during the previous year.
(9) Transfer of ownership does not affect credit eligibility; however, the credit is available to the successor for remaining periods in the five years only if the eligibility conditions of this section are met.
(10) As used in this section:
(a) "Manufacturing" means the same as "to manufacture" under RCW 82.04.120. Manufacturing includes the activities of both manufacturers and processors for hire.
(b) "Programming" means the activities that involve the creation or modification of software, as that term is defined in this chapter, and that are taxable as a service under RCW 82.04.290(2) or as a retail sale under RCW 82.04.050.
(c) "Qualifying activity" means manufacturing of software or programming.
(d) "Qualified employment position" means a permanent full-time position doing programming of software or manufacturing of software. This excludes administrative, professional, service, executive, and other similar positions. If an employee is either voluntarily or involuntarily separated from employment, the employment position is considered filled on a full-time basis if the employer is either training or actively recruiting a replacement employee. Full-time means a position for at least thirty-five hours a week.
(e) "Rural county" means a county with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.
(f) "Software" has the same meaning as defined in RCW 82.04.215.
(11) No credit may be taken or accrued under this section on or after January 1, 2004.
(12) This section expires December 31, 2003.
Help Desk Services
NEW SECTION. Sec. 303. A new section is added to chapter 82.04 RCW to read as follows:
(1) Subject to the limits and provisions of this section, a credit is authorized against the tax otherwise due under this chapter for persons engaged in a rural county in the business of providing information technology help desk services to third parties.
(2) To qualify for the credit, the help desk services must be conducted from a rural county.
(3) The amount of the tax credit for persons engaged in the activity of providing information technology help desk services in rural counties shall be equal to one hundred percent of the amount of tax due under this chapter that is attributable to providing the services from the rural county. In order to qualify for the credit under this subsection, the county must meet the definition of rural county at the time the person begins to conduct qualifying business in the county.
(4) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section. These records include information relating to description of activity engaged in a rural county by the person.
(5) If at any time the department finds that a person is not eligible for tax credit under this section, the amount of taxes for which a credit has been used is immediately due. The department shall assess interest, but not penalties, on the credited taxes for which the person is not eligible. The interest shall be assessed at the rate provided for delinquent excise taxes under chapter 82.32 RCW, shall be assessed retroactively to the date the tax credit was taken, and shall accrue until the taxes for which a credit has been used are repaid.
(6) The credit under this section may be used against any tax due under this chapter, but in no case may a credit earned during one calendar year be carried over to be credited against taxes incurred in a subsequent calendar year. No refunds may be granted for credits under this section.
(7) A person taking tax credits under this section shall make an annual report to the department. The report shall be in a letter form and shall include the following information: Type of activity in which the person is engaged in the county, number of employees in the rural county, and how long the person has been located in the county. The report must be filed by January 30th of each year for which credit was claimed during the previous year.
(8) Transfer of ownership does not affect credit eligibility; however, the credit is available to the successor only if the eligibility conditions of this section are met.
(9) As used in this section:
(a) "Information technology help desk services" means the following services performed using electronic and telephonic communication:
(i) Software and hardware maintenance;
(ii) Software and hardware diagnostics and troubleshooting;
(iii) Software and hardware installation;
(iv) Software and hardware repair;
(v) Software and hardware information and training; and
(vi) Software and hardware upgrade.
(b) "Rural county" means a county with a population density of less than one hundred persons per square mile, as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.
(10) This section expires December 31, 2003.
NEW SECTION. Sec. 304. A new section is added to chapter 82.62 RCW to read as follows:
(1) A person is not eligible to receive a credit under this chapter if the person is receiving credit for the same position under section 303 of this act or RCW 82.04.44525.
(2) This section expires December 31, 2003.
NEW SECTION. Sec. 305. The following acts or parts of acts are each repealed:
(1) RCW 82.60.045 (Eligible projects--Additional requirements) and 1995 1st sp.s. c 3 s 7 & 1994 sp.s. c 1 s 4; and
(2) RCW 82.60.047 (Governor designation of county as eligible area--Natural disaster, business closure, military base closure, mass layoff) and 1994 sp.s. c 1 s 9.
PART IV
ELECTRIC UTILITIES
NEW SECTION. Sec. 401. The legislature finds that it is necessary to employ multiple approaches to revitalize the economy of Washington state's rural areas. The legislature also finds that where possible, Washington state should develop programs which can complement other private, state, and federal programs. It is the intent of section 402 of this act to complement such rural economic development efforts by creating a public utility tax offset program to help establish locally based electric utility revolving fund programs to be used for economic development and job creation.
NEW SECTION. Sec. 402. A new section is added to chapter 82.16 RCW to read as follows:
(1) The following definitions apply to this section:
(a) "Qualifying project" means a project designed to achieve job creation or business retention, to add or upgrade nonelectrical infrastructure, to add or upgrade health and safety facilities, to accomplish energy and water use efficiency improvements, including renewable energy development, or to add or upgrade emergency services in any designated qualifying rural area.
(b) "Qualifying rural area" means:
(i) A rural county, which is a county with a population density of less than one hundred persons per square mile as determined by the office of financial management and published each year by the department for the period July 1st to June 30th; or
(ii) Any geographic area in the state that receives electricity from a light and power business with twelve thousand or fewer customers and with fewer than twenty-six meters per mile of distribution line as determined and published by the department of revenue effective July 1st of each year. The department shall use current data provided by the electricity industry.
(c) "Electric utility rural economic development revolving fund" means a fund devoted exclusively to funding qualifying projects in qualifying rural areas.
(d) "Local board" is a board of directors with at least, but not limited to, three members representing local businesses and community groups who have been appointed by the sponsoring electric utility to oversee and direct the activities of the electric utility rural economic development revolving fund.
(2) A light and power business with fewer than twenty-six active meters per mile of distribution line in any geographic area in the state shall be allowed a credit against taxes due under this chapter in an amount equal to fifty percent of contributions made in any calendar year directly to an electric utility rural economic development revolving fund. The credit shall be taken in a form and manner as required by the department. The credit under this section shall not exceed twenty-five thousand dollars per calendar year per light and power business. The credit may not exceed the tax that would otherwise be due under this chapter. Refunds shall not be granted in the place of credits. Expenditures not used to earn a credit in one calendar year may not be used to earn a credit in subsequent years.
(3) The right to earn tax credits under this section expires December 31, 2005.
(4) To qualify for the credit in subsection (2) of this section, the light and power business shall establish an electric utility rural economic development revolving fund which is governed by a local board whose members shall reside in the qualifying rural area served by the light and power business. The local board shall have authority to determine all criteria and conditions for the expenditure of funds from the electric utility rural economic development fund, and for the terms and conditions of repayment.
(5) Any funds repaid to the electric utility rural economic development fund by recipients shall be made available for additional qualifying projects.
(6) If at any time the electric utility rural economic development fund is dissolved, any moneys claimed as a tax credit under this section shall either be granted to a qualifying project or refunded to the state within two years of termination.
(7) The total amount of credits that may be used in any fiscal year shall not exceed three hundred fifty thousand dollars in any fiscal year. The department shall allow the use of earned credits on a first-come, first-served basis. Unused earned credits may be carried over to subsequent years.
PART V
DISASTER VICTIMS' RELIEF
NEW SECTION. Sec. 501. A new section is added to chapter 82.08 RCW to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of labor and services rendered in respect to:
(a) The moving of houses out of any landslide area that has been declared as a federal disaster area;
(b) The demolition of houses located in a landslide area that has been declared as a federal disaster area; or
(c) The removal of debris from a landslide area that has been declared as a federal disaster area.
(2) This section expires July 1, 2000.
PART VI
MISCELLANEOUS
NEW SECTION. Sec. 601. Part headings and subheadings used in this act are not any part of the law.
NEW SECTION. Sec. 602. Section 501 of this act applies retroactively to March 1, 1998.
NEW SECTION. Sec. 603. Section 501 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
NEW SECTION. Sec. 604. Sections 1, 101, 201, 301 through 305, 401, 402, 601, and 605 of this act take effect August 1, 1999.
NEW SECTION. Sec. 605. Section 305 of this act does not affect any existing right acquired or liability or obligation under the sections repealed in section 305 of this act or any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 606. 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."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Tim Sheldon, Rasmussen, Swecker and Morton to Engrossed Substitute House Bill No. 2260.
The motion by Senator Tim Sheldon carried and the striking amendment was adopted under suspension of the rules.
MOTIONS
On motion of Senator Tim Sheldon, the following title amendment was adopted:
On page 1, line 1 of the title, after "counties;" strike the remainder of the title and insert "amending RCW 82.14.370 and 82.14.380; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.62 RCW; adding a new section to chapter 82.16 RCW; adding a new section to chapter 82.08 RCW; creating new sections; repealing RCW 82.60.045 and 82.60.047; providing an effective date; providing expiration dates; and declaring an emergency.
On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 2260, as amended by the Senate under suspension of the rules, 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. 2260, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2260, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 45.
Absent: Senator West - 1.
Excused: Senators Hargrove, McCaslin and Swecker - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2260, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 20, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2259 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Haugen, the Senate receded from it amendment(s) to House Bill No. 2259.
MOTIONS
On motion of Senator Haugen, the rules were suspended, House Bill No. 2259 was returned to second reading and read the second time.
Senator Haugen moved that the following striking amendment by Senators Haugen, Gardner and Sellar be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.20.120 and 1999 c 6 s 19 are each amended to read as follows:
An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
(b) The actual demonstration of the ability to operate a motor vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's previous home state; and
(ii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an examination fee of seven dollars.
(a) The examination fee is in addition to the fee charged for issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii) Whose last previous Washington license has been expired for more than ((four)) five years.
Sec. 2. RCW 46.20.161 and 1999 c 6 s 22 are each amended to read as follows:
The department, upon receipt of a fee of ((fourteen)) twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.
Sec. 3. RCW 46.20.181 and 1999 c 6 s 23 are each amended to read as follows:
(1) Except as provided in subsection (4) of this section, every driver's license expires on the ((fourth)) fifth anniversary of the licensee's birthdate following the issuance of the license.
(2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((fourteen)) twenty-five dollars. This fee includes the fee for the required photograph.
(3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:
(a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.
(4) During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than five years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.
Sec. 4. RCW 46.20.470 and 1989 c 178 s 21 are each amended to read as follows:
There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall not exceed ((twelve)) twenty dollars for the original commercial driver's license or subsequent renewals, unless the commercial driver's license is renewed or extended for a period other than five years, in which case the fee for each class shall not exceed four dollars for each year that the commercial driver's license is renewed or extended. The fee shall be deposited in the highway safety fund.
Sec. 5. RCW 46.20.505 and 1993 c 115 s 1 are each amended to read as follows:
Every person applying for a special endorsement or a new category of endorsement of a driver's license authorizing such person to drive a motorcycle or a motor-driven cycle shall pay an examination fee of two dollars which is not refundable. In addition, the endorsement fee for the initial or new category motorcycle endorsement shall ((be six)) not exceed ten dollars, and the subsequent renewal endorsement fee shall ((be fourteen)) not exceed twenty-five dollars, unless the endorsement is renewed or extended for a period other than five years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. The initial or new category and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act take effect July 1, 2000."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Gardner and Sellar to House Bill No. 2259.
The motion by Senator Haugen carried and the striking amendment was adopted, under suspension of the rules.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.120, 46.20.161, 46.20.181, 46.20.470, and 46.20.505; and providing an effective date."
On motion of Senator Haugen, the rules were suspended, House Bill No. 2259, as amended by the Senate under suspension of the rules, 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. 2259, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2259, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 12; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 34.
Voting nay: Senators Finkbeiner, Goings, Hale, Hochstatter, Johnson, Long, McDonald, Roach, Sheahan, Stevens, West and Zarelli - 12.
Excused: Senators Hargrove, McCaslin and Swecker - 3.
HOUSE BILL NO. 2259, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate.
SECOND SUBSTITUTE HOUSE BILL NO. 1140,
SUBSTITUTE HOUSE BILL NO. 1222,
HOUSE BILL NO. 1233,
SUBSTITUTE HOUSE BILL NO. 1240,
HOUSE BILL NO. 1544.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The Co-Speakers ruled the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1037 beyond the scope and object of the bill. The House refuses to concur in said amendment(s) and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Brown, the Senate receded from it amendment(s) to Second Substitute House Bill No. 1037.
MOTIONS
On motion of Senator Brown, the rules were suspended, Second Substitute House Bill No. 1037 was returned to second reading and read the second time.
On motion of Senator Brown, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.190.010 and 1998 c 149 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assist the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any practice that violates the consumer protection act.
(2) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting real property, goods, or services for sale or lease. It does not mean an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account, when the sender has agreed to such an arrangement.
(((2))) (3) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(((3))) (4) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to the action by any intervening interactive computer service that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an electronic mail message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(((4))) (5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(((5))) (6) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
(7) "Person" means a person, corporation, partnership, or association.
Sec. 2. RCW 19.190.020 and 1998 c 149 s 3 are each amended to read as follows:
(1) No person((, corporation, partnership, or association)) may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person((, corporation, partnership, or association)) knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.
Sec. 3. RCW 19.190.030 and 1998 c 149 s 4 are each amended to read as follows:
(1) It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
(3) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 4. RCW 19.190.005 (Findings) and 1998 c 149 s 1 are each repealed."
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 19.190.010, 19.190.020, and 19.190.030; and repealing RCW 19.190.005."
On motion of Senator Brown, the rules were suspended, Second Substitute House Bill No. 1037, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Long: “Senator Brown, I am looking at page 1, line 15--and it is in more than one place--and it speaks of ‘consciously avoids knowing.’ What does that mean?”
Senator Brown: “I’m sorry, Senator Long, I can’t respond adequately to your question. This language was worked out by a bipartisan task force and they felt this was the best way to close the loop hole in the bill we passed last year. In addition to the person who actually sends the SPAM physically, we get the people who planned and abet the sending of the SPAM as well. It is the best I can do.”
Senator Long: “Thank you. I asked our august attorney over here and he said he didn’t think it was a legal term. I have never heard of it, so that is why I asked the question.”
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1037, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1037, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators Long and Morton - 2.
Excused: Senators Hargrove, McCaslin and Swecker - 3.
SECOND SUBSTITUTE HOUSE BILL NO. 1037, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Honeyford, Senator Deccio was excused.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1747 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTIONS
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1747 was returned to second reading and read the second time.
On motion of Senator Rasmussen, the Senate will reconsider the vote by which the Committee on Agriculture and Rural Economic Development striking amendment was adopted April 14, 1999.
MOTION
Senator Rasmussen moved that the following amendment by Senators Rasmussen and Morton to the Committee on Agriculture and Rural Economic Development striking amendment, on reconsideration, be adopted:
On page 5, after line 33 of the amendment, insert the following:
"Sec. 8. RCW 89.08.220 and 1973 1st ex.s. c 184 s 23 are each amended to read as follows:
A conservation district organized under the provisions of this 1973 amendatory act shall constitute a governmental subdivision of this state, and a public body corporate and politic exercising public powers, but shall not levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this 1973 amendatory act:
(1) To conduct surveys, investigations, and research relating to the conservation of renewable natural resources and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventive and control measures and works of improvement: PROVIDED, That in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this state or any of its agencies, or with the United States or any of its agencies;
(2) To conduct educational and demonstrational projects on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required in order to demonstrate by example the means, methods, measures, and works of improvement by which the conservation of renewable natural resources may be carried out;
(3) To carry out preventative and control measures and works of improvement for the conservation of renewable natural resources, within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of lands, and the measures listed in RCW 89.08.010, on any lands within the district upon obtaining the consent of the occupier of such lands and such necessary rights or interests in such lands as may be required;
(4) To cooperate or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any occupier of lands within the district in the carrying on of preventive and control measures and works of improvement for the conservation of renewable natural resources within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this 1973 amendatory act. For purposes of this subsection only, land occupiers who are also district supervisors are not subject to the provisions of RCW 42.23.030;
(5) To obtain options upon and to acquire in any manner, except by condemnation, by purchase, exchange, lease, gift, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this 1973 amendatory act; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this act;
(6) To make available, on such terms, as it shall prescribe, to land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, seedlings, and such other equipment and material as will assist them to carry on operations upon their lands for the conservation of renewable natural resources;
(7) To prepare and keep current a comprehensive long-range program recommending the conservation of all the renewable natural resources of the district. Such programs shall be directed toward the best use of renewable natural resources and in a manner that will best meet the needs of the district and the state, taking into consideration, where appropriate, such uses as farming, grazing, timber supply, forest, parks, outdoor recreation, potable water supplies for urban and rural areas, water for agriculture, minimal flow, and industrial uses, watershed stabilization, control of soil erosion, retardation of water run-off, flood prevention and control, reservoirs and other water storage, restriction of developments of flood plains, protection of open space and scenery, preservation of natural beauty, protection of fish and wildlife, preservation of wilderness areas and wild rivers, the prevention or reduction of sedimentation and other pollution in rivers and other waters, and such location of highways, schools, housing developments, industries, airports and other facilities and structures as will fit the needs of the state and be consistent with the best uses of the renewable natural resources of the state. The program shall include an inventory of all renewable natural resources in the district, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected timetables, descriptions of available alternatives, and provisions for coordination with other resource programs.
The district shall also prepare an annual work plan, which shall describe the action programs, services, facilities, materials, working arrangements and estimated funds needed to carry out the parts of the long-range programs that are of the highest priorities.
The districts shall hold public hearings at appropriate times in connection with the preparation of programs and plans, shall give careful consideration to the views expressed and problems revealed in hearings, and shall keep the public informed concerning their programs, plans, and activities. Occupiers of land shall be invited to submit proposals for consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other suitable means to determine the wishes of interested parties and the general public in regard to current and proposed plans and programs of a district. They shall confer with public and private agencies, individually and in groups, to give and obtain information and understanding of the impact of district operations upon agriculture, forestry, water supply and quality, flood control, particular industries, commercial concerns and other public and private interests, both rural and urban.
Each district shall submit to the commission its proposed long-range program and annual work plans for review and comment.
The long-range renewable natural resource program, together with the supplemental annual work plans, developed by each district under the foregoing procedures shall have official status as the authorized program of the district, and it shall be published by the districts as its "renewable resources program". Copies shall be made available by the districts to the appropriate counties, municipalities, special purpose districts and state agencies, and shall be made available in convenient places for examination by public land occupier or private interest concerned. Summaries of the program and selected material therefrom shall be distributed as widely as feasible for public information;
(8) To administer any project or program concerned with the conservation of renewable natural resources located within its boundaries undertaken by any federal, state, or other public agency by entering into a contract or other appropriate administrative arrangement with any agency administering such project or program;
(9) Cooperate with other districts organized under this 1973 amendatory act in the exercise of any of its powers;
(10) To accept donations, gifts, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state or any of its agencies, or from any other source, and to use or expend such moneys, services, materials, or any contributions in carrying out the purposes of this act;
(11) To sue and be sued in the name of the district; to have a seal which shall be judicially noticed; have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to borrow money and to pledge, mortgage and assign the income of the district and its real or personal property therefor; and to make, amend rules and regulations not inconsistent with this 1973 amendatory act and to carry into effect its purposes;
(12) Any two or more districts may engage in joint activities by agreement between or among them in planning, financing, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned may make available for purposes of the agreement any funds, property, personnel, equipment, or services available to them under this 1973 amendatory act;
Any district may enter into such agreements with a district or districts in adjoining states to carry out such purposes if the law in such other states permits the districts in such states to enter into such agreements.
The commission shall have authority to propose, guide, and facilitate the establishment and carrying out of any such agreement;
(13) Every district shall, through public hearings, annual meetings, publications, or other means, keep the general public, agencies and occupiers of land within the district, informed of the works and activities planned and administered by the district, of the purposes these will serve, of the income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds are expended, and of the results achieved annually by the district; and
(14) The supervisors of conservation districts may designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the duties imposed by this chapter, and to make gifts in the form of dues, quotas, or otherwise to such associations for costs of services rendered, and may support and attend such meetings as may be required to promote and perfect the organization and to effect its purposes."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to the adoption of the amendment by Senators Rasmussen and Morton on page 5, after line 33, to the Committee on Agriculture and Rural Economic Development amendment, on reconsideration, to Substitute House Bill No. 1747.
The motion by Senator Rasmussen carried and the amendment to the striking committee amendment, on reconsideration, was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Agriculture and Rural Economic Development striking amendment, as amended on reconsideration, to Substitute House Bill No. 1747.
The committee amendment, as amended on reconsideration, was adopted.
MOTIONS
On motion of Senator Rasmussen, the following title amendment was adopted:
On page 7, line 9 of the title amendment, after "89.08.180," insert "89.08.220,"
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1747, as amended by the Senate under suspension of the rules, 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. 1747, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1747, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 43.
Absent: Senators Sellar and West - 2.
Excused: Senators Deccio, Hargrove, McCaslin and Swecker - 4.
SUBSTITUTE HOUSE BILL NO. 1747, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
April 23, 1999
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1250 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
MOTION
On motion of Senator Prentice, the Senate receded from its amendment(s) to Substitute House Bill No. 1250.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1250, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1250, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley, Wojahn and Zarelli - 44.
Absent: Senator West - 1.
Excused: Senators Deccio, Hargrove, McCaslin and Swecker - 4.
SUBSTITUTE HOUSE BILL NO. 1250, without the Senate amendment(s), 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 4:49 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Saturday, April, 24, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate