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THIRTY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, February 14, 2000

The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Deccio, Finkbeiner, Haugen, Heavey, Kline, Long, McDonald, Oke, Patterson, Rasmussen, Roach, Sellar, Sheahan, Wojahn and Zarelli. On motion of Senator Honeyford, Senators Finkbeiner, Long, McDonald, Oke and Sellar were excused. On motion of Senator Franklin, Senators Haugen, Heavey, Kline and Rasmussen were excused.

The Sergeant at Arms Color Guard, consisting of Pages Karli Kuzmanich and Tyler Moosman, presented the Colors. Reverend Anne Gojio, from the Thurston County Ministries in Higher Education of Olympia, offered the prayer.

MOTION

On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Eide, Gubernatorial Appointment No. 9279, Patrick F. Patrick, as Chair of the Academic Achievement and Accountability Commission, was confirmed.

APPOINTMENT OF PATRICK F. PATRICK

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 0; Absent, 7; Excused, 9.

Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Loveland, McAuliffe, McCaslin, Morton, Prentice, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 33.

Absent: Senators Bauer, Deccio, Patterson, Roach, Sheahan, Wojahn and Zarelli - 7.

Excused: Senators Finkbeiner, Haugen, Heavey, Kline, Long, McDonald, Oke, Rasmussen and Sellar - 9.

MOTION

On motion of Senator McCaslin, Senator Roach was excused.

MOTION

On motion of Senator Eide, Senators Gardner, Goings and Patterson were excused.

SECOND READING

SENATE BILL NO. 6557, by Senators Prentice, Winsley, Shin, Benton, Roach, Kohl-Welles and T. Sheldon

Allowing credit unions to conduct raffles.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6557 was substituted for Senate Bill No. 6557 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6557 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6557.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6557 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 6; Absent, 0; Excused, 11.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Hale, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Loveland, McAuliffe, Prentice, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 32.

Voting nay: Senators Hargrove, Haugen, Hochstatter, Long, McCaslin and Morton - 6.

Excused: Senators Finkbeiner, Gardner, Goings, Heavey, Kline, McDonald, Oke, Patterson, Rasmussen, Roach and Sellar - 11.

SUBSTITUTE SENATE BILL NO. 6557, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6664, by Senators Costa and Kohl-Welles

Expanding eligibility for victims' compensation to victims interviewed about past offenses.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 6664 was substituted for Senate Bill No. 6664 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6664 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6664.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6664 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

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

Absent: Senator Wojahn - 1.

Excused: Senators Finkbeiner, Gardner, Heavey, Kline, McDonald, Patterson and Sellar - 7.

SUBSTITUTE SENATE BILL NO. 6664, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6351, by Senators Kline, McCaslin, Heavey, Long, Shin, Thibaudeau, Sheahan and Costa

Providing additional authority for superior court commissioners.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 6351 was substituted for Senate Bill No. 6351 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6351 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6351.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6351 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 4; Absent, 1; Excused, 7.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 37.

Voting nay: Senators Benton, Roach, Stevens and Zarelli - 4.

Absent: Senator Deccio - 1.

Excused: Senators Finkbeiner, Gardner, Heavey, Kline, McDonald, Patterson and Sellar - 7.

SUBSTITUTE SENATE BILL NO. 6351, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator Johnson was excused.

SECOND READING

SENATE BILL NO. 6687, by Senators Prentice, Winsley, McDonald and T. Sheldon

Allowing port districts to acquire insurance coverage.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6687 was substituted for Senate Bill No. 6687 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6687 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6687.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6687 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.

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

Voting nay: Senator Roach - 1.

Excused: Senators Finkbeiner, Gardner, Heavey, Johnson, Kline, McDonald, Patterson and Sellar - 8.

SUBSTITUTE SENATE BILL NO. 6687, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6293, by Senators Jacobsen and Oke

Creating a ballast water monitoring program.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 6293 was substituted for Senate Bill No. 6293 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6293 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6293.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6293 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.

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

Absent: Senator Deccio - 1.

Excused: Senators Finkbeiner, Gardner, Heavey, Johnson, Kline, McDonald, Patterson and Sellar - 8.

SUBSTITUTE SENATE BILL NO. 6293, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6396, by Senators Patterson, Prentice, Hale, Winsley, Deccio, Roach, Sheahan, T. Sheldon, Bauer, Rasmussen, Gardner, Thibaudeau and Oke (by request of Governor Locke)

Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 6396 was substituted for Senate Bill No. 6396 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the following amendment by Senators Tim Sheldon and Hargrove was adopted:

On page 23, line 28, after "so." insert "Any interagency agreement entered into under this subsection, shall expire on June 30, 2001. The department may not enter into an interagency agreement under this subsection after June 30, 2001."

MOTION

On motion of Senator Goings, the rules were suspended, Engrossed Substitute Senate Bill No. 6396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6396.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6396 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 12; Absent, 0; Excused, 5.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 32.

Voting nay: Senators Benton, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Oke, Rossi, Stevens, West and Zarelli - 12.

Excused: Senators Finkbeiner, Gardner, Heavey, Patterson and Sellar - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6396, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6696, by Senator Patterson (by request of Department of Community, Trade, and Economic Development)

Correcting obsolete references to the department of community, trade, and economic development.

The bill was read the second time.

MOTION

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

On page 63, after line 23, insert the following:

"PART 5

OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION

Sec. 501. RCW 27.53.020 and 1986 c 266 s 16 are each amended to read as follows:

The discovery, identification, excavation, and study of the state's archaeological resources, the providing of information on archaeological sites for their nomination to the state and national registers of historic places, the maintaining of a complete inventory of archaeological sites and collections, and the providing of information to state, federal, and private construction agencies regarding the possible impact of construction activities on the state's archaeological resources, are proper public functions; and the ((Washington archaeological research center)) office of archaeology and historic preservation, created ((under the authority of)) in chapter ((39.34)) 27.34 RCW ((as now existing or hereafter amended)), is hereby designated as an appropriate agency to carry out these functions. The director, in consultation with the ((Washington archaeological research center)) office of archaeology and historic preservation, shall provide guidelines for the selection of depositories designated by the state for archaeological resources. The legislature directs that there shall be full cooperation amongst the department, the ((Washington archaeological research center)) office of archaeology and historic preservation, and other agencies of the state.

Sec. 502. RCW 27.53.070 and 1975-'76 2nd ex.s. c 82 s 3 are each amended to read as follows:

It is the declared intention of the legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such information to the ((Washington archaeological research center)) office of archaeology and historic preservation. Such information shall not constitute a public record which requires disclosure pursuant to the exception authorized in RCW 42.17.310, as now or hereafter amended, to avoid site depredation.

Sec. 503. RCW 27.53.080 and 1986 c 266 s 19 are each amended to read as follows:

Qualified or professional archaeologists, in performance of their duties, are hereby authorized to enter upon public lands of the state of Washington and its political subdivisions, at such times and in such manner as not to interfere with the normal management thereof, for the purposes of doing archaeological resource location and evaluation studies, including site sampling activities. Scientific excavations are to be carried out only after appropriate agreement has been made between a professional archaeologist or an institution of higher education and the agency or political subdivision responsible for such lands. Notice of such agreement shall be filed with the ((Washington archaeological research center)) office of archaeology and historic preservation and by them to the department. Amateur societies may engage in such activities by submitting and having approved by the responsible agency or political subdivision a written proposal detailing the scope and duration of the activity. Before approval, a proposal from an amateur society shall be submitted to the ((Washington archaeological research center)) office of archaeology and historic preservation for review and recommendation."

Renumber the remaining parts and sections consecutively and correct any internal references accordingly.

MOTIONS

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

On page 1, beginning on line 14 of the title, after "90.56.100," strike "and 90.56.280" and insert "90.56.280, 27.53.020, 27.53.070, and 27.53.080"

On motion of Senator Jacobsen, the rules were suspended, Engrossed Senate Bill No. 6696 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6696.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6696 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 37.

Voting nay: Senators Benton, Horn, Johnson, McCaslin, McDonald, Morton, Oke and Rossi - 8.

Excused: Senators Gardner, Heavey, Patterson and Sellar - 4.

ENGROSSED SENATE BILL NO. 6696, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator Deccio was excused.

SECOND READING

SENATE BILL NO. 6559, by Senators Kohl-Welles, Swecker, McAuliffe, Finkbeiner, Eide, Hochstatter, Bauer, Zarelli, Goings, Rasmussen, Oke, Winsley and Roach

Notifying parents of school courses leading to college credit.

MOTIONS

On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6559 was substituted for Senate Bill No. 6559 and the substitute bill was placed on second reading and read the second time.

Senator Swecker moved that the following striking amendment by Senators Swecker and Kohl-Welles be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

(1) Beginning with the 2000-01 school year, the superintendent of public instruction shall notify high schools of the names and contact information of public and private entities offering programs leading to college credit, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal.

(2) Beginning with the 2000-01 school year, each high school shall publish annually and deliver to each parent with children enrolled in the school, information concerning the entrance requirements and the availability in the school of programs leading to college credit, such as advanced placement and international baccalaureate programs. In addition, each high school shall enclose information of the names and contact information of other public or private entities offering such programs, including on-line advanced placement programs, to high school students in the district if the high school has knowledge of such entities and if the cost of reporting these entities is minimal."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Swecker and Kohl-Welles to Substitute Senate Bill No. 6559.

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

MOTIONS

On motion of Senator Kohl-Welles, the following title amendment was adopted:

On page 1, line 1 of the title, after "to" strike the remainder of the title and insert "notification of the availability of programs leading to college credit; and adding a new section to chapter 28A.320 RCW."

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 6559 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6559.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6559 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

Excused: Senators Deccio, Heavey and Sellar - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6559, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6524, by Senators Hale, Patterson and Honeyford

Authorizing the department of ecology to waive the requirement for a reserve account for local governments maintaining landfills.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6524 was substituted for Senate Bill No. 6524 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the following amendments by Senators Fraser, Hale and Morton were considered simultaneously and were adopted:On page 1, line 9, after "account" strike "or other approved form of financial assurance"

On page 1, line 12, after "revenue" strike "or an alternative funding mechanism"

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6524 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6524.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6524 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Deccio, Heavey and Sellar - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6524, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6333, by Senators Haugen, Spanel, Rossi, Costa, Shin, Long, McDonald, Kohl-Welles, Horn, Fairley, Jacobsen, Gardner, Stevens, Hale, Winsley and Rasmussen

Modifying the sales and use tax exemption for manufacturing machinery and equipment.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 6333 was substituted for Senate Bill No. 6333 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6333 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6333.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6333 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6333, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6714, by Senator Thibaudeau

Establishing continuing education requirements for respiratory care practitioners.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 6714 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6714.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6714 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6714, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5953, by Senators Kohl-Welles, Sheahan, Shin, Winsley and Thibaudeau

Creating the public interest attorney loan repayment and scholarship program.

MOTIONS

On motion of Senator Kohl-Welles, Second Substitute Senate Bill No. 5953 was substituted for Senate Bill No. 5953 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute Senate Bill No. 5953 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Roach: “Senator Kline, would it not be possible for lawyers with all the learning that they have had to put together their own endowment without the assistance of the State Legislature?”

Senator Kline: “Yes, Senator Roach, and that is exactly what this law is designed to do--private donors--among them lawyers.”

Senator Roach: “You can’t do this without this legislation, Senator?”

Senator Kline: “Apparently, and I will defer to the good Senator who is the prime sponsor of this bill, from the thirty-sixth district. There is some need to rearrange the funds in which these contributions would go.”

Senator Roach: “Thank you, Senator.”

Further debate ensued.

DEMAND FOR THE PREVIOUS QUESTION

Senators Snyder, Prentice and Betti Sheldon demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried..

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5953.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5953 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

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

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

Excused: Senator Sellar - 1.

SECOND SUBSTITUTE SENATE BILL NO. 5953, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6441, by Senators Spanel, Gardner, Oke, Franklin, Costa, Kline, Bauer, B. Sheldon, Shin, Eide, Patterson, Haugen, Swecker, Kohl-Welles, Goings, Rasmussen, Fairley, McAuliffe, Prentice, Fraser and Thibaudeau

Providing for oil and gas pipeline safety.

The bill was read the second time.

MOTION

On motion of Senator Spanel, Senate Bill No. 6441 was not substituted

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The intent of this act is to protect the health and safety of the citizens of the state of Washington and the quality of the state's environment by developing and implementing environmental and public safety measures applicable to persons transporting hazardous liquids and gas by pipeline within the state of Washington. The legislature finds that public safety and the environment may best be protected by adopting standards that are equal to, or more stringent than, those adopted by the federal government, so long as they do not impermissibly interfere with interstate commerce.

The legislature recognizes that additional federal authority is needed to implement a comprehensive pipeline safety program and by this act and other measures directs the state to seek that authority.

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

(1) "Dangerous release" means a release of hazardous liquid or gas that: (a) Poses a clear and immediate danger to life or health; (b) threatens a significant loss of property; or (c) threatens significant environmental damages.

(2) "Department" means the department of ecology.

(3) "Failsafe system" means a nonelectronic or mechanically based system that prevents a pipeline from exceeding its maximum operating pressure in the event of a failure of the primary or electronic system designed for this purpose.

(4) "Gas" has the meaning given to it in 49 C.F.R. Part 192.

(5) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide. The department by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

(6) "Local government" means a subdivision of the state or a city or town.

(7) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

(8) "Pipeline" or "pipeline system" means all parts of a pipeline facility through which a hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.

(9) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas.

(10) "Process safety management systems" means management systems that include coordinated and interdisciplinary evaluations of the effect of significant changes to a pipeline system before such changes are implemented.

(11) "Release" means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any other uncontrolled escape of a hazardous liquid or gas from a pipeline.

NEW SECTION. Sec. 3. (1) The department shall have charge for the state of the administration and enforcement of all laws related to hazardous liquid pipeline safety. To the extent not expressly prohibited by federal law, the department shall develop and implement a comprehensive program of pipeline safety.

(2) The department shall adopt rules for pipeline safety standards for hazardous liquid pipeline transportation that:

(a) Require pipeline companies to design, construct, and maintain their pipeline facilities so they are safe and efficient;

(b) Require pipeline companies to rapidly locate and isolate all releases from hazardous liquid pipelines, including:

(i) Installation of remote control shut-off valves at a distance of no less than four to ten miles in urban areas and twenty to sixty miles in rural areas, depending on the type and density of development, the presence of environmentally sensitive areas, and the application of appropriate engineering standards. The installation of remote valves shall include design features and safety procedures to minimize risks associated with valve malfunctions;

(ii) Installation of remotely monitored pressure gauges and meters at each pump station and remote valve location; and

(iii) Emergency response procedures, combined with training, for shutting down pumps, locating leaks and spills, and shutting appropriate valves as rapidly as possible;

(c) Require the training and certification of personnel who operate hazardous liquid pipelines and the associated systems; and

(d) Require hazardous liquid pipeline companies to submit operations safety plans once every five years and provide no less than annual plan updates that identify plan implementation progress, as well as any amendments to the plan made necessary by changes to the pipeline system or its operation.

(3) The department shall approve operations safety plans if they have been deemed fit for service. A plan shall be deemed fit for service when it provides for pipelines that are designed, developed, constructed, operated, and periodically modified to provide the highest practicable level of public safety. Pipeline operations safety plans shall include:

(a) A schedule of inspection and testing within the pipeline distribution system of:

(i) All mechanical components;

(ii) All electronic components; and

(iii) The structural integrity of all pipelines as determined through pressure testing and internal inspection tool surveys;

(b) Failsafe systems;

(d) Emergency management training for pipeline operators.

(4) The department shall coordinate information related to pipeline safety by providing technical assistance to local planning and siting authorities and to the energy facility site evaluation council established in chapter 80.50 RCW.

(5) The department shall evaluate, and consider adopting, proposals developed by the federal office of pipeline safety, the national transportation safety board, and other agencies and organizations related to methods and technologies for testing the integrity of pipeline structure, leak detection, and other elements of pipeline operation.

NEW SECTION. Sec. 4. The pipeline companies shall develop a curricula aimed at the prevention of third-party excavation damage to hazardous liquid and gas pipelines. The curricula must be reviewed and approved by the department and the utilities and transportation commission. The curricula shall be made available to municipal workers and construction workers who are involved in construction work within the right-of-way or easement of a hazardous liquid and gas pipeline. The curricula shall include training on:

(1) Prevention of damage to pipelines;

(2) The danger involved if a pipeline is damaged;

(3) The significance of pipeline damage that does not cause immediate failure; and

(4) The importance of immediately reporting damage to a pipeline and the importance of immediately repairing a damaged pipeline.

NEW SECTION. Sec. 5. (1) The department and utilities and transportation commission shall require hazardous liquid and gas pipeline companies to provide accurate maps of their pipeline distribution networks to specifications developed by the department including depth information.

(2) The department and the utilities and transportation commission shall evaluate the accuracy of the maps and consolidate the maps into a state-wide geographic information system, and fill any gaps for which companies or local governments may have no information. The mapping system shall be used in conjunction with the one-number locator service as provided in chapter 19.122 RCW. The mapping system shall be compatible with the United States department of transportation national pipeline mapping program.

NEW SECTION. Sec. 6. A new section is added to chapter 43.110 RCW to read as follows:

The municipal research council shall, by June 30, 2001, develop and periodically update, for the consideration by local governments:

(1) A model ordinance that establishes setback and depth requirements for new hazardous liquid and gas pipeline construction;

(2) A model franchise agreement for jurisdictions through which a hazardous liquid or gas pipeline is located; and

(3) Protective standards applicable to existing and proposed hazardous liquid and gas pipelines in densely populated areas and environmentally sensitive areas.

NEW SECTION. Sec. 7. (1) The department shall seek and accept federal designation of the department's inspectors as federal agents for the purposes of enforcement of the federal hazardous liquid pipeline safety act (49 U.S.C. Sec. 60101 et seq.), and federal rules adopted to implement that act, as they exist as of the effective date of this act. The department shall establish and submit to the United States secretary of transportation an inspection program that complies with requirements for delegated interstate agent inspection authority. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the department, at a minimum, shall do the following to carry out the delegated federal authority:

(a) Inspect hazardous liquid pipelines periodically as specified in the inspection program;

(b) Collect fees;

(d) File reports with the United States secretary of transportation as required to maintain the delegated authority.

(2) The department shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate hazardous liquid pipelines.

(3) Upon designation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the department shall adopt rules for interstate pipelines that are no less stringent than the state's laws and rules for intrastate hazardous liquid pipelines.

NEW SECTION. Sec. 8. The department shall inspect, as necessary, any record, map, or written procedure required by federal law to be kept by a hazardous liquid pipeline company concerning the reporting of dangerous releases, and the design, construction, testing, or operation and maintenance of hazardous liquid pipelines.

NEW SECTION. Sec. 9. A new section is added to chapter 81.88 RCW to read as follows:

The commission shall inspect, as necessary, any record, map, or written procedure required by federal law to be kept by a gas pipeline company concerning the reporting of dangerous releases, and the design, construction, testing, or operation and maintenance of gas pipelines.

NEW SECTION. Sec. 10. (1) All powers, duties, and functions of the utilities and transportation commission pertaining to hazardous liquid pipeline safety, except economic regulatory authority under chapters 80.28, 80.24, and 81.24 RCW, are transferred to the department of ecology. The timing of the transfer shall be facilitated by a memorandum of agreement between the two agencies, with any disputes resolved by the office of financial management. The transfer shall be completed by June 30, 2001. All references to the commission or the utilities and transportation commission in the Revised Code of Washington shall be construed to mean the director or the department of ecology when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the utilities and transportation commission in carrying out the powers, functions, and duties transferred shall be made available to the department of ecology. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of ecology.

(b) Any appropriations made to the utilities and transportation commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of ecology.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees of the utilities and transportation commission engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the utilities and transportation commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.

(5) The transfer of the powers, duties, functions, and personnel of the utilities and transportation commission shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 11. (1) A hazardous liquid and gas pipeline safety advisory committee is established to advise the department, the utilities and transportation commission, energy facility site evaluation council, and other appropriate federal, state, and local government agencies and officials on matters relating to pipeline safety, routing, construction, operation, and maintenance. Members of the advisory committee shall be appointed by the governor to staggered three-year terms and, at a minimum, shall consist of representatives of local government, including elected officials and the general public. The committee shall review and comment on proposed rules and the operation of the state pipeline safety programs.

(2) The advisory committee established in subsection (1) of this section constitutes a class one group under RCW 43.03.220. Expenses for this group, as well as staff support provided by the department, shall be funded through a legislative appropriation to the department.

NEW SECTION. Sec. 12. A new section is added to chapter 19.122 RCW to read as follows:

The utilities and transportation commission shall establish by December 31, 2000, a single state-wide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service. The utilities and transportation commission, in consultation with the Washington utilities coordinating council, shall establish minimum standards and best management practices for the one-number locator service consistent with the recommendations of the governor's fuel accident prevention and response team issued in December 1999.

Sec. 13. RCW 19.122.030 and 1988 c 99 s 1 are each amended to read as follows:

(1) Before commencing any excavation, the excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities through a one-number locator service.

(2) Whenever excavation work is to occur within twenty-five feet of a hazardous liquid or gas pipeline, the state-wide one-number locator service established under section 12 of this act shall be notified. In addition, if the excavation work is to occur within five feet of a hazardous liquid or gas pipeline, the pipeline company that owns or operates the pipeline shall be notified, and its representative shall be on-site, prior to the start of excavation.

(3) All owners of underground facilities within a one-number locator service area shall subscribe to the service. One number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of underground facilities not less than two business days or more than ten business days before the scheduled date for commencement of excavation, unless otherwise agreed by the parties. The notice shall also comply with the requirements of section 16 of this act.

(4) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the excavator with reasonably accurate information as to its locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities shall provide the excavator with the best available information as to their locations. The owner of the underground facility providing the information shall respond no later than two business days after the receipt of the notice or before the excavation time, at the option of the owner, unless otherwise agreed by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this section.

(5) The owner of the underground facility shall have the right to receive compensation for costs incurred in responding to excavation notices given less than two business days prior to the excavation from the excavator.

(6) An owner of underground facilities is not required to indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as buildings, manholes, or meter and junction boxes on or adjacent to the construction site.

(7) Emergency excavations are exempt from the time requirements for notification provided in this section.

(8) If the excavator, while performing the contract, discovers underground facilities which are not identified, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number locator service.

Sec. 14. RCW 19.122.050 and 1984 c 144 s 5 are each amended to read as follows:

(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall immediately notify the utility owning or operating such facility and the state-wide one-number locator service. If the damage causes an emergency condition, the excavator causing the damage shall also immediately alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.

(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

NEW SECTION. Sec. 15. A new section is added to chapter 48.48 RCW to read as follows:

(1) In consultation with the emergency management program within the state military department, the department of ecology, the utilities and transportation commission, and local emergency services organizations, the chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall:

(a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and

(b) Conduct an assessment of the equipment needed by local first responders to meet emergency management demands related to pipelines.

(2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with hazardous liquid and gas pipeline accidents. The curricula shall distinguish the differences and dangers between hazardous liquid and gas pipelines. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. The need for a training program for regional incident management teams shall also be evaluated.

(3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.

(4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.

NEW SECTION. Sec. 16. (1) A pipeline company that has been notified by an excavator pursuant to RCW 19.122.050 that excavation work will occur within five feet of a hazardous liquid or gas pipeline shall ensure that the pipeline company's representative is on-site during the excavation within the five foot zone. The pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied. If safety concerns exist, the pipeline company may elect, at the excavator's expense, to conduct the uncovering of the pipeline.

(2) Immediately upon receiving information of third-party damage to a pipeline owned or operated by a pipeline company, that company shall visually inspect the pipeline. After visual inspection, a pipeline company shall determine whether the pipeline section that has sustained third-party damage should be replaced or repaired, or whether it is safe to resume pipeline operation. A record of the company's inspection report and test results shall be provided to the department within fourteen calendar days of the inspection.

(3) Pipeline companies shall immediately notify local first responders and the department of any dangerous release from a hazardous liquid pipeline, or the utilities and transportation commission of any dangerous release from a gas pipeline.

Sec. 17. RCW 19.122.070 and 1984 c 144 s 7 are each amended to read as follows:

(1) Any person who willfully or maliciously damages or removes a marking used to identify a hazardous liquid or gas pipeline, as defined in section 2 of this act, is subject to a civil penalty of not more than one thousand dollars for each act.

(2) Any person who fails to notify the one-number locator service of excavation work that is planned to occur within twenty-five feet of a hazardous liquid or gas pipeline is subject to a civil penalty of not more than five thousand dollars for each violation.

(3) Any person who fails to notify a pipeline company of excavation work that is planned to occur within five feet of a hazardous liquid or gas pipeline, or excavates within five feet of the pipeline without the pipeline company's representative on-site, is subject to a civil penalty of not more than ten thousand dollars for each violation.

(4) Any person who violates any provision of this chapter, and which violation results in damage to underground facilities, is subject to a civil penalty of not more than ((one)) ten thousand dollars for each violation.

(5) All civil penalties recovered ((in such actions)) under subsections (1) through (4) of this section shall be deposited in the general fund and expended for the purpose of enforcement of hazardous liquid and gas pipeline safety laws.

(((2))) (6) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known underground facility owners or the one-number locator service, any damage to the underground facility shall be deemed willful and malicious and shall be subject to treble damages for costs incurred in repairing or relocating the facility.

(((3))) (7) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.

Sec. 18. RCW 47.44.150 and 1989 c 196 s 1 are each amended to read as follows:

In any action for damages against the state of Washington, its agents, contractors, or employees by reason of damages to a utility or other facility located on a state highway, the damages are limited to the cost of repair of the utility or facility and are recoverable only in those instances where the utility or facility is authorized to be located on the state highway. However, the state is subject to the penalties provided in RCW 19.122.070 (((1))) (4) and (((2))) (6) only if the state has failed to give a notice meeting the requirements of RCW 19.122.030 to utilities or facilities that are authorized to be located on the state highway.

NEW SECTION. Sec. 19. A pipeline company that fails to comply with any provision of this chapter shall be subject to civil penalties of not less than five thousand dollars. This penalty shall be imposed pursuant to RCW 43.21B.300.

NEW SECTION. Sec. 20. A pipeline company that fails to report a dangerous release shall be guilty of a class B felony punishable under RCW 9A.20.021 if:

(1) The company knows or has reason to know that a dangerous release exists;

(2) The company does not immediately report the release to the local first responder; and

(3) The dangerous release causes the death of, or bodily injury to, an individual.

NEW SECTION. Sec. 21. A pipeline containing petroleum or petroleum products that is wholly located on the owner's property, that is not adjoining marine waters, is exempt from the provisions of this chapter.

NEW SECTION. Sec. 22. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

Sec. 23. RCW 43.21B.300 and 1993 c 387 s 23 are each amended to read as follows:

(1) Any civil penalty provided in RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, section 19 of this act, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330 shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty from the department, the administrator of the ((office of marine safety)) integrated oil spill prevention and response program, or the local air authority, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department, the administrator, or the authority for the remission or mitigation of the penalty. Upon receipt of the application, the department, the administrator, or authority may remit or mitigate the penalty upon whatever terms the department, the administrator, or the authority in its discretion deems proper. The department or the authority may ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper and shall remit or mitigate the penalty only upon a demonstration of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(2) Any penalty imposed under this section may be appealed to the pollution control hearings board in accordance with this chapter if the appeal is filed with the hearings board and served on the department, the administrator, or authority thirty days after receipt by the person penalized of the notice imposing the penalty or thirty days after receipt of the notice of disposition of the application for relief from penalty.

(3) A penalty shall become due and payable on the later of:

(a) Thirty days after receipt of the notice imposing the penalty;

(b) Thirty days after receipt of the notice of disposition on application for relief from penalty, if such an application is made; or

(4) If the amount of any penalty is not paid to the department or the administrator within thirty days after it becomes due and payable, the attorney general, upon request of the department or the administrator, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which the violator does business, to recover the penalty. If the amount of the penalty is not paid to the authority within thirty days after it becomes due and payable, the authority may bring an action to recover the penalty in the superior court of the county of the authority's main office or of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(5) All penalties recovered shall be paid into the state treasury and credited to the general fund except those penalties imposed pursuant to RCW 18.104.155, which shall be credited to the reclamation account as provided in RCW 18.104.155(7), RCW 70.94.431, the disposition of which shall be governed by that provision, RCW 70.105.080, which shall be credited to the hazardous waste control and elimination account, created by RCW 70.105.180, and RCW 90.56.330, which shall be credited to the coastal protection fund created by RCW 90.48.390.

NEW SECTION. Sec. 24. This act may be known and cited as the Washington state pipeline safety act.

NEW SECTION. Sec. 25. Sections 1 through 5, 7, 8, 10, 11, 16, 19 through 22, and 24 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 26. RCW 81.88.040 (Intrastate pipeline safety standards--Definitions--Rules--Violations) and 1998 c 123 s 1 are each repealed."

MOTIONS

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

On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 19.122.030, 19.122.050, 19.122.070, 47.44.150, and 43.21B.300; adding a new section to chapter 43.110 RCW; adding a new section to chapter 81.88 RCW; adding a new section to chapter 19.122 RCW; adding a new section to chapter 48.48 RCW; adding a new chapter to Title 70 RCW; repealing RCW 81.88.040; and prescribing penalties."

On motion of Senator Spanel, the rules were suspended, Engrossed Senate Bill No. 6441 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6441.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6441 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6441, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8026, by Senators Shin, Bauer, Heavey, Benton, Franklin, Eide, Patterson, Kline, Johnson, Gardner, Thibaudeau, Rossi, Goings, Hargrove, B. Sheldon, Horn, Haugen, Hochstatter, T. Sheldon, Swecker, Jacobsen, Fairley, Rasmussen, Prentice, Snyder, Stevens, Loveland, Roach, Hale, Honeyford, Brown, Spanel, Fraser, Costa, McAuliffe, Kohl-Welles and Oke

Commemorating the 50th anniversary of the Korean War.

MOTIONS

On motion of Senator Shin, Substitute Senate Joint Memorial No. 8026 was substituted for Senate Joint Memorial No. 8026 and the substitute joint memorial was placed on second reading and read the second time.

On motion of Senator Shin, the rules were suspended, Substitute Senate Joint Memorial No. 8026 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8026.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8026 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026, having received the constitutional majority, was declared passed.

PERSONAL PRIVILEGE

Senator Jacobsen: “A point of personal privilege, Mr. President. I would like to inform the body that Senator Shin has written a book of his life in Korean and I understand it is a best seller in Korea now. The title is Education Thief and it also tells about his war experiences. The other thing that I might point out and it makes me feel a little bit better. There is a photo of Senator Shin in here and he is a pretty slim young man at that time. He is eventually going to get it translated into English, so it will be available for everybody. He is a best selling author in Korea at this time.”

SECOND READING

SENATE JOINT MEMORIAL NO. 8027, by Senators Shin, Bauer, Heavey, Benton, Franklin, Eide, Patterson, Kline, Johnson, Gardner, Thibaudeau, Rossi, Goings, Hargrove, B. Sheldon, Horn, Haugen, Hochstatter, T. Sheldon, Swecker, Jacobsen, Fairley, Rasmussen, Prentice, Snyder, Hale, Stevens, Roach, Honeyford, Spanel, Loveland, Fraser, Brown, Costa, McAuliffe, Kohl-Welles and Oke

Commemorating the 50th anniversary of the Korean War.

The joint memorial was read the second time.

MOTION

On motion of Senator Shin, the rules were suspended, Senate Joint Memorial No. 8027 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8027.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8027 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SENATE JOINT MEMORIAL NO. 8027, having received the constitutional majority, was declared passed.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Consul Byung Seang Oh , Korean Consulate General for Political and Economic Affairs, as well as representatives from the Veterans Legislative Coalition, American Ex-POWs, American Legion, Veterans of Foreign Wars, Paralyzed Veterans of America, Widows of Veterans and the Chosin Few, who were all seated in the gallery.

PERSONAL PRIVILEGE

Senator Betti Sheldon: “Thank you, Mr. President. I would like a point of personal privilege. On behalf of the my fellow Senators, I would like to thank the Lieutenant Governor and his gracious wife for our lovely Valentine treats. I know that Mrs. Owen has put a lot of time into putting these together.”

REPLY BY THE PRESIDENT

President Owen: “She is very astute--my wife. We don’t get TVW in Shelton, but I would hope someone might relay this to her. My wife is very gracious, very beautiful and a wonderful person and always thinks of you when these occasions arise. I would like to take full credit myself, but I have to give credit where credit is due--to Linda. Thank you very much.”

Senator Betti Sheldon: “Well, thank her on our behalf. I would also like to take this moment to thank our colleague, Senator Michael Heavey, for the beautiful carnations that many of us received. Thank you.”

PERSONAL PRIVILEGE

Senator Heavey: “A point of personal privilege, Mr. President. You are welcome, ladies--and Bob you are welcome, also. I did want to say that I saw a gentleman sitting next to Mr. Goderty, whom I can’t recognize, but he was a member of the First Cavalry Division, which was my unit in Vietnam and I just wanted to say ‘Gary Owen,’ Mother. Thank you.”

PERSONAL PRIVILEGE

Senator McCaslin: “A point of personal privilege, Mr. President. I just want to point out to the body that we are not allowed to eat on

the floor, but I do want to thank Linda Owen for allowing us to do so.”

REPLY BY THE PRESIDENT

President Owen: “The President may not be able to see everybody eating on the floor today. There is so much love in my heart that I am allowing a little discretion.”

MOTION

At 11:16 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 1:00 p.m. by President Owen.

MOTION

On motion of Senator Honeyford, Senator Stevens was excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Snyder, Gubernatorial Appointment No. 9304, Marty Brown, as Director of the Office of Financial Management, was confirmed.

Senators Snyder, Hochstatter, Hale and Morton spoke to the confirmation of Marty Brown as Director of the Office of Financial Management.

APPOINTMENT OF MARTY BROWN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 8; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Gardner, Goings, Hale, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 39.

Absent: Senators Deccio, Fraser, Hargrove, Haugen, Prentice, Rossi, Thibaudeau and Wojahn - 8.

Excused: Senators Sellar and Stevens - 2.

MOTION

On motion of Senator Honeyford, Senators Hochstatter and McCaslin were excused.

MOTION

On motion of Senator Franklin, Senators Eide and Hargrove were excused.

SECOND READING

SENATE BILL NO. 5924, by Senators Jacobsen, Honeyford and Gardner

Establishing the real estate appraiser commission of the state of Washington.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 5924 was substituted for Senate Bill No. 5924 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5924 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5924.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5924 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 8; Absent, 0; Excused, 6.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 35.

Voting nay: Senators Benton, Finkbeiner, Heavey, Johnson, Morton, Roach, Sheldon, T. and Zarelli - 8.

Excused: Senators Eide, Hargrove, Hochstatter, McCaslin, Sellar and Stevens - 6.

SUBSTITUTE SENATE BILL NO. 5924, 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 Rossi was excused.

SECOND READING

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

Certifying resident managers of mobile home parks.

MOTIONS

On motion of Senator Winsley, Second Substitute Senate Bill No. 6004 was substituted for Engrossed Senate Bill No. 6004 and the second substitute bill was placed on second reading and read the second time.

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

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

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6004 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 18; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Patterson, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 26.

Voting nay: Senators Benton, Deccio, Gardner, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Morton, Oke, Roach, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 18.

Absent: Senator Prentice - 1.

Excused: Senators Eide, McCaslin, Rossi and Sellar - 4.

SECOND SUBSTITUTE SENATE BILL NO. 6004, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator McDonald was excused.

SECOND READING

SENATE BILL NO. 6284, by Senators Hargrove and Kline

Protecting DNA information.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6284 was substituted for Senate Bill No. 6284 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6284 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6284.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6284 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators McDonald and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 6284, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6241, by Senators Fairley, Kohl-Welles, Brown, Shin, Kline, Fraser, Prentice, McAuliffe, Patterson, Eide, Rasmussen and Costa

Establishing WorkFirst performance measures.

MOTIONS

On motion of Senator Fairley, Second Substitute Senate Bill No. 6241 was substituted for Senate Bill No. 6241 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the rules were suspended, Second Substitute Senate Bill No. 6241 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6241.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6241 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.

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

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

Excused: Senators McDonald and Sellar - 2.

SECOND SUBSTITUTE SENATE BILL NO. 6241, 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 Kline was excused.

SECOND READING

SENATE BILL NO. 6252, by Senators Rasmussen, Morton, T. Sheldon, Swecker and Stevens (by request of Department of Agriculture)

Regulating structural pest inspections.

The bill was read the second time.

MOTIONS

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

On page 6, line 25, after "on" strike all material through "transaction." and insert "the wood destroying organism inspection report. All wood destroying organism inspection reports completed by the same inspector, relating to a single transfer, exchange, or refinance, shall bear the same unique inspection control number. The responsibility to record the unique inspection control number on the report under this section lies solely with the person issuing the wood destroying organism inspection report."

On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 6252 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Horn: “Senator Rasmussen, I wonder if you could explain to me when we are getting a house constructed, the general contractor has to have a six thousand dollar bond, but now when we are getting this structure inspected for a termite inspection, you are requiring that they have a twenty-five thousand dollar bond and a fifty thousand insurance policy for errors and omission. Does that seem inconsistent with the six thousand versus the twenty-five versus fifty?”

Senator Rasmussen: “It would all depend on how much value you put on the structure and if they have a lot of pests in it, I would certainly want it to have a bond that would at least cover. It probably doesn’t seem consistent, however this is what they agreed upon and this is part of their licensing that they agreed to.”

Senator Horn: “Thank you very much.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6252.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6252 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

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

Voting nay: Senators Horn, Johnson, Morton and West - 4.

Excused: Senators Kline, McDonald and Sellar - 3.

ENGROSSED SENATE BILL NO. 6252, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6760, by Senator Prentice (by request of Insurance Commissioner Senn)

Safeguarding securities.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6760 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6760.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6760 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, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Absent: Senator Snyder - 1.

Excused: Senators Kline, McDonald and Sellar - 3.

SENATE BILL NO. 6760, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6487, by Senators Long, Hargrove, Sheahan and Winsley (by request of Department of Social and Health Services and Department of Corrections)

Providing for the release of mental health information under certain circumstances.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 6487 was substituted for Senate Bill No. 6487 and the substitute bill was placed on second reading and read the second time.

Senator Long moved that the following striking amendment by Senators Long, Costa and Hargrove be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW by authorizing access to, and release or disclosure of, necessary information related to mental health services. This includes accessing and releasing or disclosing information of persons who received mental health services as a minor. The legislature does not intend this act to readdress access to information and records regarding continuity of care.

The legislature recognizes that persons with mental illness have a right to the confidentiality of information related to mental health services, including the fact of their receiving such services, unless there is a state interest that supersedes this right. It is the intent of the legislature to balance that right of the individual with the state interest to enhance public safety.

NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.05 or 10.77 RCW, or somatic health care information.

(b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.34.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.34.020, community mental health service delivery systems, or community mental health programs, as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

(2) Information related to mental health services delivered to a person subject to chapter 9.94A RCW shall be released, upon request, by a mental health service provider to department of corrections personnel for whom the information is necessary to carry out the responsibilities of their office. The information must be provided only for the purpose of completing presentence investigations, supervision of an incarcerated person, planning for and provision of supervision of a person, or assessment of a person's risk to the community. The request shall be in writing and shall not require the consent of the subject of the records.

(3) The information to be released to the department of corrections shall include all relevant records and reports, as defined by rule, necessary for the department of corrections to carry out its duties, including those records and reports identified in subsection (2) of this section.

(4) The department and the department of corrections, in consultation with regional support networks, mental health service providers as defined in subsection (1) of this section, mental health consumers, and advocates for persons with mental illness, shall adopt rules to implement the provisions of this section related to the type and scope of information to be released. These rules shall:

(a) Enhance and facilitate the ability of the department of corrections to carry out its responsibility of planning and ensuring community protection with respect to persons subject to sentencing under chapter 9.94A RCW, including accessing and releasing or disclosing information of persons who received mental health services as a minor; and

(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

(5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in RCW 71.34.200, except as provided in section 4 of this act.

(6) No mental health service provider or individual employed by a mental health service provider shall be held responsible for information released to or used by the department of corrections under the provisions of this section or rules adopted under this section.

(7) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the release of the information may be restricted as necessary to comply with federal law and regulations.

(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 71.05 RCW to read as follows:

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information.

(b) "Mental health service provider" means a public or private agency that provides services to persons with mental disorders as defined under RCW 71.05.020 and receives funding from public sources. This includes evaluation and treatment facilities as defined in RCW 71.05.020, community mental health service delivery systems, or community mental health programs as defined in RCW 71.24.025, and facilities conducting competency evaluations and restoration under chapter 10.77 RCW.

(b) Establish requirements for the notification of persons under the supervision of the department of corrections regarding the provisions of this section.

(5) The information received by the department of corrections under this section shall remain confidential and subject to the limitations on disclosure outlined in chapter 71.05 RCW, except as provided in section 4 of this act.

(8) This section does not modify the terms and conditions of disclosure of information related to sexually transmitted diseases under chapter 70.24 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 72.09 RCW to read as follows:

(1) The information received by the department under section 2 or 3 of this act may be released to the indeterminate sentence review board as relevant to carry out its responsibility of planning and ensuring community protection with respect to persons under its jurisdiction. Further disclosure by the indeterminate sentence review board is subject to the limitations set forth in subsections (3) and (4) of this section and must be consistent with the written policy of the indeterminate sentence review board. The decision to disclose or not shall not result in civil liability for the indeterminate sentence review board or its employees provided that the decision was reached in good faith and without gross negligence.

(2) The information received by the department under section 2 or 3 of this act may be used to meet the statutory duties of the department to provide evidence or report to the court. Disclosure to the public of information provided to the court by the department related to mental health services may be limited in accordance with RCW 9.94A.110 or this section.

(3) The information received by the department under section 2 or 3 of this act may be disclosed by the department to other state and local agencies as relevant to plan for and provide offenders transition, treatment, and supervision services, or as relevant and necessary to protect the public and counteract the danger created by a particular offender, and in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. The information received by a state or local agency from the department shall remain confidential and subject to the limitations on disclosure set forth in chapters 70.02, 71.05, and 71.34 RCW and, subject to these limitations, may be released only as relevant and necessary to counteract the danger created by a particular offender.

(4) The information received by the department under section 2 or 3 of this act may be disclosed by the department to individuals only with respect to offenders who have been determined by the department to have a high risk of reoffending by a risk assessment, as defined in RCW 9.94A.030, only as relevant and necessary for those individuals to take reasonable steps for the purpose of self-protection, or as provided in RCW 72.09.370(2). The information may not be disclosed for the purpose of engaging the public in a system of supervision, monitoring, and reporting offender behavior to the department. The department must limit the disclosure of information related to mental health services to the public to descriptions of an offender's behavior, risk he or she may present to the community, and need for mental health treatment, including medications, and shall not disclose or release to the public copies of treatment documents or records, except as otherwise provided by law. All disclosure of information to the public must be done in a manner consistent with the written policy established by the secretary. The decision to disclose or not shall not result in civil liability for the department or its employees so long as the decision was reached in good faith and without gross negligence. Nothing in this subsection prevents any person from reporting to law enforcement or the department behavior that he or she believes creates a public safety risk.

Sec. 5. RCW 71.05.630 and 1989 c 205 s 13 are each amended to read as follows:

(1) Except as otherwise provided by law, all treatment records shall remain confidential. Treatment records may be released only to the persons designated in this section, or to other persons designated in an informed written consent of the patient.

(2) Treatment records of an individual may be released without informed written consent in the following circumstances:

(a) To an individual, organization, or agency as necessary for management or financial audits, or program monitoring and evaluation. Information obtained under this subsection shall remain confidential and may not be used in a manner that discloses the name or other identifying information about the individual whose records are being released.

(b) To the department, the director of regional support networks, or a qualified staff member designated by the director only when necessary to be used for billing or collection purposes. The information shall remain confidential.

(d) Pursuant to lawful order of a court.

(e) To qualified staff members of the department, to the director of regional support networks, to resource management services responsible for serving a patient, or to service providers designated by resource management services as necessary to determine the progress and adequacy of treatment and to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility. The information shall remain confidential.

(f) Within the treatment facility where the patient is receiving treatment, confidential information may be disclosed to individuals employed, serving in bona fide training programs, or participating in supervised volunteer programs, at the facility when it is necessary to perform their duties.

(g) Within the department as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals who are under the supervision of the department.

(h) To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Disclosure shall be limited to the portions of the records necessary to meet the medical emergency.

(i) To a facility that is to receive an individual who is involuntarily committed under chapter 71.05 RCW, or upon transfer of the individual from one treatment facility to another. The release of records under this subsection shall be limited to the treatment records required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but may not include the patient's complete treatment record.

(j) Notwithstanding the provisions of RCW 71.05.390(7), to a correctional facility or a corrections officer who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment. ((Every person who is under the supervision of the department of corrections who receives evaluation or treatment under chapter 9.94A RCW shall be notified of the provisions of this section by the individual's corrections officer.)) Except as provided in sections 2 and 3 of this act, release of records under this section is limited to:

(i) An evaluation report provided pursuant to a written supervision plan.

(ii) The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment provided as part of the supervision plan.

(iii) When an individual is returned from a treatment facility to a correctional facility, the information provided under (j)(iv) of this subsection.

(iv) Any information necessary to establish or implement changes in the individual's treatment plan or the level or kind of supervision as determined by resource management services. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. ((In cases involving a person under supervision of the department of corrections, disclosure shall be made to the supervising corrections officer only.))

(k) To the individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patient's rights under chapter 71.05 RCW.

(l) ((To a corrections officer of the department who has custody of or is responsible for the supervision of an individual who is transferred or discharged from a treatment facility.

(m))) To staff members of the protection and advocacy agency or to staff members of a private, nonprofit corporation for the purpose of protecting and advocating the rights of persons with mental illness or developmental disabilities. Resource management services may limit the release of information to the name, birthdate, and county of residence of the patient, information regarding whether the patient was voluntarily admitted, or involuntarily committed, the date and place of admission, placement, or commitment, the name and address of a guardian of the patient, and the date and place of the guardian's appointment. Any staff member who wishes to obtain additional information shall notify the patient's resource management services in writing of the request and of the resource management services' right to object. The staff member shall send the notice by mail to the guardian's address. If the guardian does not object in writing within fifteen days after the notice is mailed, the staff member may obtain the additional information. If the guardian objects in writing within fifteen days after the notice is mailed, the staff member may not obtain the additional information.

(3) Whenever federal law or federal regulations restrict the release of information contained in the treatment records of any patient who receives treatment for alcoholism or drug dependency, the department may restrict the release of the information as necessary to comply with federal law and regulations.

Sec. 6. RCW 71.05.390 and 1999 c 12 s 1 are each amended to read as follows:

Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

Information and records may be disclosed only:

(1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

(2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.

(3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

(5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

"As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

/s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."

(6) To the courts as necessary to the administration of this chapter.

(7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:

(a) Only the fact, place, and date of involuntary admission, the fact and date of discharge, and the last known address shall be disclosed upon request; and

(b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and

(c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent, and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.

(8) To the attorney of the detained person.

(9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.

(10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

(11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

(12) To the persons designated in RCW 71.05.425 for the purposes described in that section.

(((12))) (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

(((13))) (14) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.

(((14))) (15) To the department of health ((of)) for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.

The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.

Sec. 7. RCW 71.34.200 and 1985 c 354 s 18 are each amended to read as follows:

The fact of admission and all information obtained through treatment under this chapter is confidential. Confidential information may be disclosed only:

(1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;

(2) In the course of guardianship or dependency proceedings;

(3) To persons with medical responsibility for the minor's care;

(4) To the minor, the minor's parent, and the minor's attorney, subject to RCW 13.50.100;

(5) When the minor or the minor's parent ((designate[s])) designates in writing the persons to whom information or records may be released;

(6) To the extent necessary to make a claim for financial aid, insurance, or medical assistance to which the minor may be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;

(7) To the courts as necessary to the administration of this chapter;

(8) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office. However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address shall be disclosed upon request;

(9) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. The officers are obligated to keep the information confidential in accordance with this chapter;

(10) To the secretary for assistance in data collection and program evaluation or research, provided that the secretary adopts rules for the conduct of such evaluation and research. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:

"As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable.

I recognize that unauthorized release of confidential information may subject me to civil liability under state law.

/s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."

(12) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence;

(((12))) (13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement;

(((13))) (14) Upon the death of a minor, to the minor's next of kin;

(((14))) (15) To a facility in which the minor resides or will reside.

This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary. The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any legal proceeding outside this chapter, except guardianship or dependency, without the written consent of the minor or the minor's parent.

Sec. 8. RCW 9.94A.110 and 1999 c 197 s 3 and 1999 c 196 s 4 are each reenacted and amended to read as follows:

(1) Before imposing a sentence upon a defendant, the court shall conduct a sentencing hearing. The sentencing hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause shown, or on its own motion, the court may extend the time period for conducting the sentencing hearing.

Except in cases where the defendant shall be sentenced to a term of total confinement for life without the possibility of release or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, the court may order the department to complete a risk assessment report. If available before sentencing, the report shall be provided to the court.

Unless specifically waived by the court, the court shall order the department to complete a chemical dependency screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform controlled substances act under chapter 69.50 RCW or a criminal solicitation to commit such a violation under chapter 9A.28 RCW where the court finds that the offender has a chemical dependency that has contributed to his or her offense. In addition, the court shall, at the time of plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant who has been convicted of a felony sexual offense. The department of corrections shall give priority to presentence investigations for sexual offenders. If the court determines that the defendant may be a mentally ill person as defined in RCW 71.24.025, although the defendant has not established that at the time of the crime he or she lacked the capacity to commit the crime, was incompetent to commit the crime, or was insane at the time of the crime, the court shall order the department to complete a presentence report before imposing a sentence.

The court shall consider the risk assessment report and presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the prosecutor, the defense counsel, the offender, the victim, the survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the sentence to be imposed.

If the court is satisfied by a preponderance of the evidence that the defendant has a criminal history, the court shall specify the convictions it has found to exist. All of this information shall be part of the record. Copies of all risk assessment reports and presentence reports presented to the sentencing court and all written findings of facts and conclusions of law as to sentencing entered by the court shall be sent to the department by the clerk of the court at the conclusion of the sentencing and shall accompany the offender if the offender is committed to the custody of the department. Court clerks shall provide, without charge, certified copies of documents relating to criminal convictions requested by prosecuting attorneys.

(2) To prevent wrongful disclosure of information related to mental health services, as defined in sections 2 and 3 of this act, a court may take only those steps necessary during a sentencing hearing or any hearing in which the department presents information related to mental health services to the court. The steps may be taken on motion of the defendant, the prosecuting attorney, or on the court's own motion. The court may seal the portion of the record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information relating to mental health services, or grant other relief to achieve the result intended by this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information related to mental health services as authorized by sections 2 through 4 of this act. Any person who otherwise is permitted to attend any hearing pursuant to chapter 7.69 or 7.69A RCW shall not be excluded from the hearing solely because the department intends to disclose or discloses information related to mental health services."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Long, Costa and Hargrove to Substitute Senate Bill No. 6487.

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

MOTIONS

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

On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 71.05.630, 71.05.390, and 71.34.200; reenacting and amending RCW 9.94A.110; adding a new section to chapter 71.34 RCW; adding a new section to chapter 71.05 RCW; adding a new section to chapter 72.09 RCW; and creating a new section."

On motion of Senator Long, the rules were suspended, Engrossed Substitute Senate Bill No. 6487 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6487.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6487 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 2; Excused, 1.

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

Voting nay: Senators Fairley and Thibaudeau - 2.

Absent: Senators Deccio and McAuliffe - 2.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6487, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6715, by Senators Eide, Swecker, Fraser, Costa, Rasmussen, Morton, Patterson, Kline, Jacobsen and Kohl-Welles

Encouraging recycling and waste reduction.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6715 was substituted for Senate Bill No. 6715 and the substitute bill was placed on second reading and read the second time.

Senator Eide moved that the following striking amendment by Senators Eide, Hargrove, Swecker Honeyford, Morton and Fraser be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The department of general administration shall work with construction industry organizations to develop guidelines for on-site construction waste management planning. The topics addressed in the planning guidelines shall include, but shall not be limited to:

(a) Standards for identifying the type of wastes generated during construction;

(b) Methods for analyzing the availability and cost-effectiveness of recycling services for each type of waste;

(c) Methods for evaluating construction waste management alternatives given limited recycling services in rural areas of the state;

(d) Strategies to maximize reuse and recycling of wastes and minimize landfill disposal; and

(e) Standardized formats for on-site construction waste management reporting.

(2) By December 15, 2000, the department of general administration shall provide a report to the legislature on the development of the guidelines required by subsection (1) of this section. The report shall include recommendations for incorporating job-site waste management planning and recycling into standard construction industry practice.

Sec. 2. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:

(1) The ((USEPA)) federal product standards, ((as now or hereafter amended)) adopted under 42 U.S.C. Sec. 6962(e) as it exists on the effective date of this act, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (((a) and (b) of)) this subsection ((by the dates indicated,)) unless the director finds that a different standard would significantly increase recycled product availability or competition.

(a) ((By July 1, 1997:

(i))) Paper and paper products;

(((ii))) (b) Organic recovered materials; ((and

(iii))) (c) Latex paint products;

(((b) By July 1, 1997:

(i))) (d) Products for lower value uses containing recycled plastics;

(((ii))) (e) Retread and remanufactured tires;

(((iii))) (f) Lubricating oils;

(((iv))) (g) Automotive batteries;

(((v))) (h) Building ((insulation)) products and materials;

(((vi))) (i) Panelboard; and

(((vii))) (j) Compost products.

(2) The standards required by this section shall be applied to recycled product purchasing by the department ((and)), other state agencies, and state postsecondary education institutions. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.

NEW SECTION. Sec. 3. The legislature encourages city, county, and state governments, the private sector, and consumers to collaborate in sharing information and becoming informed about opportunities for increasing voluntary product stewardship to support the state's recycling goals. For purposes of this section, "product stewardship" means a principle that directs all actors in the life cycle of a product to minimize impacts of that product on the environment.

NEW SECTION. Sec. 4. A new section is added to chapter 39.04 RCW to read as follows:

If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020, shall apply on the recycled content products used in the project.

NEW SECTION. Sec. 5. A new section is added to chapter 81.77 RCW to read as follows:

(1) The commission shall allow a solid waste collection company collecting recyclable materials from residential customers to retain up to thirty percent of the revenue paid to the company for the material if the company submits a plan to the commission that is certified by the appropriate local government authority as being consistent with the local government solid waste plan and that demonstrates how the revenues will be used to increase recycling. The remaining seventy percent of the revenue shall be passed to residential customers served by the company.

(2) By December 2, 2003, the commission shall provide a report to the legislature that evaluates:

(a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and

(b) The effect of revenue sharing on costs to customers.

Sec. 6. RCW 70.95.010 and 1989 c 431 s 1 are each amended to read as follows:

The legislature finds:

(1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.

(2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.

(3) Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.

(4) Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.

(5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.

(6)(a) It is the responsibility of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.

(b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed waste, and recycling programs.

(c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.

(d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources to accomplish this responsibility.

(7) Environmental and economic considerations in solving the state's solid waste management problems requires strong consideration by local governments of regional solutions and intergovernmental cooperation.

(8) The following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable:

(a) Waste reduction;

(b) Recycling, with source separation of recyclable materials as the preferred method;

(d) Energy recovery, incineration, or landfilling of mixed wastes.

(9) It is the state's goal to achieve a fifty percent recycling rate by ((1995)) 2005.

(10) It is the state's goal that no residential or commercial yard debris be disposed of in landfills by 2010.

(11) Steps should be taken to make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal.

(((11))) (12) It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.

(((12))) (13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should be discontinued.

(((13))) (14) Excessive and nonrecyclable packaging of products should be avoided.

(((14))) (15) Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.

(((15))) (16) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.

(((16))) (17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

(((17))) (18) It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.

(((18))) (19) The development of stable and expanding markets for recyclable materials is critical to the long-term success of the state's recycling goals. Market development must be encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.

(((19))) (20) There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded tires and other problem wastes with the subsequent conservation of resources and energy.

Sec. 7. RCW 70.95.030 and 1998 c 36 s 17 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

(4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

(5) "Department" means the department of ecology.

(6) "Director" means the director of the department of ecology.

(7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

(9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(11) "Jurisdictional health department" means city, county, city-county, or district public health department.

(12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(13) "Local government" means a city, town, or county.

(14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

(15) "Multiple family residence" means any structure housing two or more dwelling units.

(16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

(18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

(19) "Residence" means the regular dwelling place of an individual or individuals.

(20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

(21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

(22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

(23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

(24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

(25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

(27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

(28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

Sec. 8. RCW 70.95.090 and 1991 c 298 s 3 are each amended to read as follows:

Each county and city comprehensive solid waste management plan shall include the following:

(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

(b) Take into account the comprehensive land use plan of each jurisdiction;

(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

(4) A program for surveillance and control.

(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;

(b) Any city solid waste operation within the county and the boundaries of such operation;

(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.

(7) The waste reduction and recycling element shall include the following:

(a) Waste reduction strategies;

(b) Source separation strategies, including:

(i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;

(ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;

(iii) Programs to ((collect)) manage yard ((waste, if the county or city submitting the plan finds that there are)) debris, including strategies to:

(A) Develop collection programs or alternative means for managing yard debris;

(B) Eliminate disposal of yard debris in landfills; and

(C) Encourage adequate markets or capacity for composted yard ((waste)) debris within or near the service area to consume ((the majority of)) the material collected; and

(iv) Programs to educate and promote the concepts of waste reduction and recycling;

(c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services; and

(d) Other information the county or city submitting the plan determines is necessary.

(8) County and city comprehensive solid waste management plans may provide for the establishment of residential collection rate structures that provide economic incentives for customers to reduce their level of solid waste collection service and encourage participation in waste reduction, recycling, and yard debris collection programs. All jurisdictions that are signatories to comprehensive solid waste management plans that adopt residential incentive rates shall adopt ordinances to implement rate structures that are consistent with the guidelines in the comprehensive plans. The utilities and transportation commission is authorized to issue rules to implement this section for solid waste collection companies regulated under Title 81 RCW.

(9) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

(((9))) (10) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

Sec. 9. RCW 70.95.280 and 1989 c 431 s 13 are each amended to read as follows:

The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and where it is delivered. The department shall adopt guidelines for reporting and for ((keeping proprietary information confidential)) maintaining the confidentiality of proprietary information included in the report. By March 1st of each year, entities that collect recycled material shall report their activity from the previous calendar year on a form provided by the department. The department may impose a penalty of one hundred dollars on any entity that fails to submit the required report to the department. The department may impose an additional penalty of one hundred dollars for each day after March 1st that a firm fails to submit the required report. The total penalties for failure to report shall not exceed one thousand dollars. By May 1st of each year, the department may arrange for the publication in recycling and solid waste industry trade publications the names of those entities failing to file the required report. The department shall structure penalties and other sanctions so as to encourage compliance with the annual reporting requirement.

Sec. 10. RCW 70.95.290 and 1988 c 184 s 3 are each amended to read as follows:

(1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements:

(a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and

(b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;

(c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.

(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:

(a) By January 1, 1989, yard ((waste)) debris and other biodegradable materials, paper products, disposable diapers, and batteries; ((and))

(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires; and

(c) By January 1, 2004, construction, demolition, and land-clearing debris, biosolids, manure, and major food-processing wastes.

(3) The department is prohibited from adopting rules that mandate best management practices for the categories of solid waste indentified in subsection (2) of this section.

Sec. 11. RCW 70.95.810 and 1998 c 245 s 132 are each amended to read as follows:

(1) In order to establish the feasibility of composting food and yard ((wastes)) debris, the department shall provide funds, as available, to local governments submitting a proposal to compost such wastes.

(2) The department, in cooperation with the department of community, trade, and economic development, may approve an application if the project can demonstrate the essential parameters for successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and potential markets."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Eide, Hargrove, Swecker Honeyford, Morton and Fraser to Substitute Senate Bill No. 6715.

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

MOTIONS

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

On page 1, line 1 of the title, after "reduction;" strike the remainder of the title and insert "amending RCW 43.19A.020, 70.95.010, 70.95.030, 70.95.090, 70.95.280, 70.95.290, and 70.95.810; adding a new section to chapter 39.04 RCW; adding a new section to chapter 81.77 RCW; creating new sections; and prescribing penalties."

On motion of Senator Eide, the rules were suspended, Engrossed Substitute Senate Bill No. 6715 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6715.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6715 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

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

Voting nay: Senators Deccio, McCaslin, Roach and Sheldon, T. - 4.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6715, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5469, by Senators Patterson, Haugen, Kline, Jacobsen, Gardner and Winsley

Revising certain competitive bid dollar amounts to account for inflation.

The bill was read the second time.

MOTION

Senator Patterson moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.22.620 and 1998 c 278 s 2 are each amended to read as follows:

(1) As used in this section, the term "public works" means as defined in RCW 39.04.010.

(2) A first class city may have public works performed by contract pursuant to public notice and call for competitive bids. As limited by subsection (3) of this section, a first class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period. The amount of public works that a first class city has a county perform for it under RCW 35.77.020 shall be included within this ten percent limitation.

If a first class city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been so reduced.

Whenever a first class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public notice and call for competitive bids.

The state auditor shall report to the state treasurer any first class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years.

(3) In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population in excess of one hundred fifty thousand shall not have public employees perform a public works project in excess of fifty thousand dollars if more than a single craft or trade is involved with the public works project, or a public works project in excess of twenty-five thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. In addition to the percentage limitation provided in subsection (2) of this section, a first class city with a population of one hundred fifty thousand or less shall not have public employees perform a public works project in excess of thirty-five thousand dollars if more than one craft or trade is involved with the public works project, or a public works project in excess of twenty thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

(4) In addition to the accounting and record-keeping requirements contained in RCW 39.04.070, every first class city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below ten percent of the total construction budget. However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget.

After September 1, 1987, each first class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget.

(6) The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to RCW 39.04.280 if an exemption contained within that section applies to the work or contract.

(7) In lieu of the procedures of subsections (2) and (6) of this section, a first class city may use the small works roster process in RCW 39.04.155 to award contracts for public works projects with an estimated value of one hundred thousand dollars or less.

Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.

(8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement.

(9) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(10) Nothing in this section shall prohibit any first class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

(11) Beginning on July 1, 2001, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in subsection (3) of this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars.

Sec. 2. RCW 35.23.352 and 1998 c 278 s 3 are each amended to read as follows:

(1) Any second class city with a population of more than five thousand may construct public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids whenever the estimated cost of the work or improvement, including cost of materials, supplies, and equipment will not exceed the sum of thirty thousand dollars if more than one craft or trade is involved with the public works, or twenty thousand dollars if a single craft or trade is involved with the public works, or the public works project is street signalization or street lighting. Any second class city with a population of five thousand or less, or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not exceed the sum of ((thirty)) sixty thousand dollars if more than one craft or trade is involved with the public works, or ((twenty)) fifty thousand dollars if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project.

Whenever the cost of the public work or improvement, including materials, supplies and equipment, will exceed these figures, the same shall be done by contract. All such contracts shall be let at public bidding upon publication of notice calling for sealed bids upon the work. The notice shall be published in the official newspaper, or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done that plans and specifications therefor shall then be on file in the city or town hall for public inspections, and require that bids be sealed and filed with the council or commission within the time specified therein. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the council or commission for a sum of not less than five percent of the amount of the bid, and no bid shall be considered unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids in the same manner as the original call.

When the contract is let then all bid proposal deposits shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished, with surety satisfactory to the council or commission, in accordance with RCW 39.08.030. If the bidder fails to enter into the contract in accordance with his or her bid and furnish a bond within ten days from the date at which he or she is notified that he or she is the successful bidder, the check or postal money order and the amount thereof shall be forfeited to the council or commission or the council or commission shall recover the amount of the surety bond. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.

If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter into a contract without any further call or may purchase the supplies, material or equipment and perform the work or improvement by day labor.

(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a collective bargaining agreement.

(3) In lieu of the procedures of subsection (1) of this section, a second class city or a town may use the small works roster process provided in RCW 39.04.155 to award public works contracts with an estimated value of one hundred thousand dollars or less.

Whenever possible, the city or town shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.

(4) The form required by RCW 43.09.205 shall be to account and record costs of public works in excess of five thousand dollars that are not let by contract.

(5) The cost of a separate public works project shall be the costs of the materials, equipment, supplies, and labor on that construction project.

(6) Any purchase of supplies, material, or equipment, except for public work or improvement, where the cost thereof exceeds seven thousand five hundred dollars shall be made upon call for bids.

(7) Bids shall be called annually and at a time and in the manner prescribed by ordinance for the publication in a newspaper of general circulation in the city or town of all notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.

(8) For advertisement and formal sealed bidding to be dispensed with as to purchases with an estimated value of fifteen thousand dollars or less, the council or commission must authorize by resolution, use of the uniform procedure provided in RCW 39.04.190.

(9) The city or town legislative authority may waive the competitive bidding requirements of this section pursuant to RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.

(10) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(3), that are negotiated under chapter 39.35A RCW.

(11) Nothing in this section shall prohibit any second class city or any town from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused.

(12) Beginning on July 1, 2001, and on July 1st of each succeeding odd-numbered year, the dollar limits specified in subsection (1) of this section shall be adjusted as follows: The office of financial management shall calculate such limits by adjusting the previous biennium's limits by the appropriate federal inflationary index reflecting the rate of inflation for the previous biennium. Such amounts shall be rounded to the nearest one hundred dollars."

MOTION

Senator West moved that the following amendments to the striking amendment by Senator Patterson be considered simultaneously with an oral amendment to strike 'under this section' in both amendments.

On page 3, after line 34, insert the following:

"(12) Public works performed by public employees under this section shall be subject to chapter 39.12 RCW."

On page 6, after line 23, insert the following:

"(13) Public works performed by public employees under this section shall be subject to chapter 39.12 RCW."

Renumber the sections consecutively and correct any internal references accordingly.

PARLIAMENTARY INQUIRY

Senator Patterson: “Mr. President, I have a point of parliamentary inquiry. I would like to know, under what circumstances, an oral amendment is appropriate and if this is one of those circumstances?”

REPLY BY THE PRESIDENT

President Owen: “The President, just for future reference--I think I know what is going to happen here--but for future reference, when we have had a member offer an oral amendment, we have allowed that if there were no objections from the body. If there are objections, then we have the amendment drafted. So, at this point, Senator West has offered to strike ‘under this section’ from these two amendments. If there are no objections from the body--the oral amendments will be adopted.”

Debate ensued

The President declared the question before the Senate to be the adoption of the amendments by Senator West on page 3, after line 34, and page 6, after line 23, to the striking amendment by Senator Patterson to Senate Bill No. 5469.

Debate ensued.

POINT OF ORDER

Senator Patterson: “Mr. President, I rise to a point of order. The underlying amendment is about bid limits and the amendments to the amendment is about prevailing wage and for that reason, I would like to suggest that the amendments proposed by Senator West to the striking amendment change the scope and object of the striking amendment. I would like to demand a ruling.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5469 was deferred.

SECOND READING

SENATE BILL NO. 6568, by Senators Swecker, Hale, Rasmussen, Oke and Morton

Requiring the treatment of biomedical waste cultures prior to disposal.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 6568 was substituted for Senate Bill No. 6568 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 6568 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6568.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6568 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6330, by Senators Jacobsen, Swecker and Oke

Allowing nonconsumptive wildlife activities on public lands.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 6330 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6330.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6330 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6330, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President reverted the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

February 14, 2000

MR. PRESIDENT:

The Co-Speakers have signed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2337, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2337.

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

SECOND READING

SENATE BILL NO. 6147, by Senators Jacobsen, Swecker, Thibaudeau, McAuliffe, Oke and Kohl-Welles

Creating the Washington state parks gift foundation.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 6147 was substituted for Senate Bill No. 6147 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6147 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6147.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6147 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6147, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6613, by Senators Costa, Long, Haugen, Oke, Winsley, Thibaudeau and Kohl-Welles

Changing child passenger restraint provisions.

MOTION

On motion of Senator Costa, Senate Bill No. 6613 was not substituted.

POINT OF ORDER

Senator West: “A point of order, Mr. President. By the action of the body, we now have the original bill before us and we don’t have the original bill on our desks, so we can’t make reference to it. I have a point of order that I would like to raise, but I don’t have a copy of the original bill.”

RELY BY THE PRESIDENT

President Owen: “Your point of order is--?”

Senator West: “That we should have the written original bill on our desks.”

President Owen: “Thank you. Your point is well taken.”

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6613 was deferred.

SECOND READING

SENATE BILL NO. 6256, by Senators Rasmussen, Loveland, Morton, Prentice and Stevens

Allowing voluntary food labeling.

The bill was read the second time.

MOTION

Senator Stevens moved that the following amendment by Senators Swecker, Oke, Stevens, Honeyford, Roach, McCaslin, Morton and Hochstatter be adopted:On page 2, after line 25, insert the following:

"NEW SECTION. Sec. 8. A new section is added to chapter 15.66 RCW to read as follows:

(1) Any fish or other animal listed by the federal government as threatened or endangered that is offered for sale must be labeled in accordance with subsection (2) of this section.

(2) A prominent label must be attached to all fish or other animals outlined in subsection (1) of this section. Such label shall read: "CAUTION: Purchase or consumption of this threatened or endangered species may place you at risk of federal prosecution under the federal endangered species act."

Renumber the remaining sections consecutively and correct any internal references.

Debate ensued.

POINT OF INQUIRY

Senator Rasmussen: “Senator Swecker, would farm salmon--raised salmon--be subject to labeling underneath your amendment?”

Senator Swecker: “I thank the fine Senator from the Second District for that question. In fact, it would not be; it is not an endangered species.”

Senator Rasmussen: “I thought that we passed a bill that said that that would have to be labeled as farm salmon--farm raised salmon.” Senator Swecker: “I think that would be a very excellent provision and if the good Senator from the Second would like to offer that, I would support it. Thank you.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Swecker, Oke, Stevens, Honeyford, Roach, McCaslin, Morton Hochstatter and Hale on page 2, after line 25, to Senate Bill No. 6256.

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

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 6256 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6256.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6256 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

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

Voting nay: Senators Hochstatter, Honeyford and Horn - 3.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6256, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6158, by Senators Fairley, Prentice, Goings, Costa, McAuliffe, Gardner, Franklin, Kline and Kohl-Welles

Creating a presumption of occupational disease for fire fighters.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 6158 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6158.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6158 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 41.

Voting nay: Senators Finkbeiner, Hochstatter, Honeyford, Long, Morton and Rossi - 6.

Absent: Senator Deccio - 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6158, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 6613, deferred earlier today after adopting the motion by Senator Costa to not substitute the bill.

The bill was read the second time.

POINT OF ORDER

Senator West: “A point of order, Mr. President. After reading Senate Bill No. 6613, I submit that Senate Bill No. 6613 is in violation of Senate Rule 25, which states as follows: ‘No bill shall embrace more than one subject and that subject shall be expressed in the title.’ I submit that Senate Bill No. 6613 contains two subjects and that the subjects are not expressed in the title of the bill.

“Senate Bill No. 6613 is titled ‘An act relating to child passenger restraint systems.’ Section 1 of this act would make certain changes to the law relating to child passenger restraint systems. Current law requires a child restraint system in an automobile for children under three and does not make distinct requirements based on weight. Section 1 would, for example, require that a child of less than one year of age must be properly restrained in a rear-facing seat and other requirements.

“However, the bill then takes a wild turn. In Section 2, Mr. President, the bill would amend RCW 46.61.668. That statute currently states generally, first, that all persons, including persons over the age of sixteen must wear safety belts; and second, that enforcement of the seatbelt requirement may be accomplished only as a secondary action. Section 2 of this bill would delete the requirement that seatbelt violations relating to any person, including adults, may be enforced only as secondary offenses. These violations would now be enforceable as primary actions.

“Mr. President, in a 1998 ruling you held that because Senate Rule 25 is identical to Article 2, Section 19 of the State Constitution, you would look to cases interpreting Article 2, Section 19, when ruling on these points of order under Rule 25 (1998 Senate Journal, page 776). As you noted in your 1998 ruling, although there is a heavy burden on the challenger of a statute, the cases dictate that there must be some ‘rational unity’ between the general subject and the incidental subjects in a measure.

“Mr. President, I submit that there is no unity here whatsoever, let alone a rational unity, between the general subject that makes distinctions in the kinds of safety seats children must occupy, and an incidental subject that allows for the first time the adult seatbelt law to be enforced as a primary action. Clearly, this action, the way the bill is drafted, Mr. President, is what we would call ‘logrolling,’ where you attach an unpopular concept to a very popular concept and force the body to have to vote against something they want to do when they are trying to prevent something that they don’t want to happen.

“So, I would ask you to rule, sir, that this bill violates Rule 25 and also Article 2, Section 19, of the State Constitution.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6613 was deferred.

SECOND READING

SENATE BILL NO. 6749, by Senators Long, Hargrove, Haugen, Stevens, Winsley, McAuliffe and Patterson

Changing provisions relating to persons incapacitated by a chemical dependency.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 6749 was substituted for Senate Bill No. 6479 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6749.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6749 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6749, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6643, by Senators Hargrove, Snyder, Rasmussen and Oke

Modifying growth management planning population requirements.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 6643 was substituted for Senate Bill No. 6643 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 6643 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6643.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6643 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6643, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6805, by Senators Goings, Winsley, Eide, Rasmussen and Franklin

Apportioning a sales and use tax for zoos, aquariums, wildlife preserves, and parks.

The bill was read the second time.

MOTION

Senator Wojahn moved that the following striking amendment by Senators Wojahn, Winsley and Goings be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 82.14.400 and 1999 c 104 s 1 are each amended to read as follows:

(1) Upon the joint request of a metropolitan park district and a city with a population of more than one hundred fifty thousand, a county legislative authority in a county with a population of more than five hundred thousand and less than one million ((may)) five hundred thousand shall submit an authorizing proposition to the county voters, fixing and imposing a sales and use tax in accordance with this chapter for the purposes designated in subsection (((3))) (4) of this section and identified in the joint request. Such proposition must be placed on a ballot for a special or general election to be held no later than one year after the date of the joint request.

(2) The proposition is approved if it receives the votes of a majority of those voting on the proposition.

(3) The tax authorized in this section is in addition to any 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 equal no more than one-tenth of one 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.

(4) Moneys received from any tax imposed under this section shall be used solely for the purpose of providing funds for:

(a) Costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping, or improvement of zoo, aquarium, and wildlife preservation and display facilities that are currently accredited by the American zoo and aquarium association; or

(b) Those costs associated with (a) of this subsection and costs related to parks located within a county described in subsection (1) of this section.

(5) The department of revenue shall perform the collection of such taxes on behalf of the county at no cost to the county. In lieu of the charge for the administration and collection of local sales and use taxes under RCW 82.14.050 from which the county is exempt under this subsection (5), a percentage of the tax revenues authorized by this section equal to one-half of the maximum percentage provided in RCW 82.14.050 shall be transferred annually to the department of community, trade, and economic development, or its successor agency, from the funds allocated under subsection (6)(b) of this section for a period of t

welve years from the first date of distribution of funds under subsection (6)(b) of this section. The department of community, trade, and economic development, or its successor agency, shall use funds transferred to it pursuant to this subsection (5) to provide, operate, and maintain community-based housing under chapter 43.185 RCW for persons who are mentally ill, have developmental disabilities, or youth who are otherwise blind, deaf, or otherwise disabled.

(6) If the joint request and the authorizing proposition include provisions for funding those costs included within subsection (4)(b) of this section, the tax revenues authorized by this section shall be allocated annually as follows:

(a) Fifty percent to the zoo and aquarium advisory authority; and

(b) Fifty percent to be distributed on a per capita basis as set out in the most recent population figures for unincorporated and incorporated areas only within that county, as determined by the office of financial management, solely for parks, as follows: To any metropolitan park district, to cities and towns not contained within a metropolitan park district, and the remainder to the county. Moneys received under this subsection (6)(b) may not be used to replace or supplant existing per capita funding.

(7) Funds shall be distributed annually by the county treasurer to the county, and cities and towns located within the county, in the manner set out in subsection (6)(b) of this section.

(8) Prior to expenditure of any funds received by the county under subsection (6)(b) of this section, the county shall establish a process which considers needs throughout the unincorporated areas of the county in consultation with community advisory councils established by ordinance.

(9) By December 31, 2005, and thereafter, the county or any city with a population greater than eighty thousand must provide at least one dollar match for every two dollars received under this section.

(10) Properties subject to a memorandum of agreement between the federal bureau of land management, the advisory council on historic preservation, and the Washington state historic preservation officer have priority for funding from money received under subsection (6)(b) of this section for implementation of the stipulations in the memorandum of agreement.

(a) At least one-hundred thousand dollars of the first four years of allocations under subsection (6)(b) of this section, to be matched by the county or city with one dollar for every two dollars received, shall be used to implement the stipulations of the memorandum of agreement and for other historical, archaeological, architectural, and cultural preservation and improvements related to the properties.

(b) The amount in (a) of this subsection shall come equally from the allocations to the county and to the city in which the properties are located, unless otherwise agreed to by the county and the city.

(c) The amount in (a) of this subsection shall not be construed to displace or be offered in lieu of any lease payment from a county or city to the state for the properties in question."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Wojahn, Winsley and Goings to Senate Bill No. 6805.

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

MOTIONS

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

On page 1, line 2 of the title, after "preserves, and" strike the remainder of the title and insert "parks; and amending RCW 82.14.400."

On motion of Senator Goings, the rules were suspended, Engrossed Senate Bill No. 6805 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6805.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6805 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6805, 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 Stevens was excused.

SECOND READING

SENATE BILL NO. 6368, by Senators Brown, Franklin, Wojahn, Prentice, Costa, Kohl-Welles, McAuliffe, Fairley, Thibaudeau, B. Sheldon, Bauer, Gardner, Rasmussen, Jacobsen, Patterson, Goings and Spanel

Allowing unemployment benefits during lockouts.

The bill was read the second time.

MOTION

On motion of Senator Fairley, the rules were suspended, Senate Bill No. 6368 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Oke: “Senator Brown, does this bill apply only to Kaiser or does this set up a precedent in the future that would apply to all other lockouts?”

Senator Brown: “Thank you, Senator. That is a good question. In fact, this bill would apply to other situations, but those situations are extremely rare. The last time there occurred a situation like this in Washington State, where this bill would apply, was in 1989. It affected fifty-seven people and it lasted one month. It is true that this is a very unprecedented and agreed situation and that is why is required--this type of bill for the resolution of it.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6368.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6368 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 19; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 27.

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

Absent: Senator Finkbeiner - 1.

Excused: Senators Sellar and Stevens - 2.

SENATE BILL NO. 6368, 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 3:46 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 5:01 p.m. by President Owen.

SECOND READING

SENATE BILL NO. 6250, by Senators Rasmussen, Loveland, Morton, Brown, T. Sheldon, Swecker, Stevens, Eide and Gardner (by request of Department of Agriculture)

Providing tax exemptions and credits to encourage a reduction in agricultural burning of cereal grains and field and turf grass grown for seed.

The bill was read the second time.

MOTION

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

On page 2, line 10, strike "exclusively" and insert "more than half of the time"

On page 2, line 32, after "used" strike "exclusively" and insert "more than half of the time"

Debate ensued.

The President declared the question before Senate to be the adoption of the amendments by Senators Sheahan and Stevens on page 2, lines 10 and 32, to Senate Bill No. 6250.

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

MOTION

On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 6250 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6250.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6250 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

Absent: Senator Deccio - 1.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6250, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Eide, Senator Goings was excused.

SECOND READING

SENATE BILL NO. 6825, by Senators Wojahn, Jacobsen, Thibaudeau, Snyder, B. Sheldon, Goings, Franklin, Horn, Shin, Bauer, Hargrove, Haugen, McAuliffe, Prentice and Costa

Placing property adjacent to Western state hospital in trust.

The bill was read the second time.

MOTIONS

On motion of Senator Wojahn, the following amendment by Senators Wojahn, Thibaudeau, Rasmussen, Heavey, Deccio, Hargrove, Oke, Goings and Snyder was adopted:

On page 1, line 11, after "account." insert "Any income from the property transferred pursuant to this section must be used for the benefit of the mentally ill as specified in the original federal grant."

On motion of Senator Wojahn, the rules were suspended, Engrossed Senate Bill No. 6825 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6825.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6825 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

Voting nay: Senators West and Winsley - 2.

Excused: Senators Goings and Sellar - 2.

ENGROSSED SENATE BILL NO. 6825, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6454, by Senators Loveland, Brown and Jacobsen

Eliminating references to obsolete natural resources accounts.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 6454 was substituted for Senate Bill No. 6454 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 6454 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6454.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6454 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6454, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6462, by Senators McAuliffe, Kohl-Welles, Eide, Brown, Rasmussen, Bauer, Goings, Patterson, Winsley and Jacobsen (by request of Governor Locke)

Providing a salary bonus for teachers receiving national board for professional teaching standards certification.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 6462 was substituted for Senate Bill No. 6462 and the substitute bill was placed on second reading and read the second time.

Senator Zarelli moved that the following amendment by Senators Zarelli and McAuliffe be adopted:

On page 2, at the beginning of line 6, strike "In" and insert "To the extent funds are appropriated, in"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and McAuliffe on 2, at the beginning of line 6, to Substitute Senate Bill No. 6462.

The motion by Senator Zarelli carried and the amendment was adopted.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 6462 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6462.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6462 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6462, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6811, by Senators Kohl-Welles, Jacobsen, Shin, B. Sheldon, Winsley, McAuliffe, Roach, Thibaudeau, Spanel, Bauer and Goings

Providing for sick leave and leave sharing for part-time academic employees at community and technical colleges.

MOTIONS

On motion of Senator Kohl-Welles, Second Substitute Senate Bill No. 6811 was substituted for Senate Bill No. 6811 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute Senate Bill No. 6811 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6811.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6811 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, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Voting nay: Senator Honeyford - 1.

Absent: Senator Johnson - 1.

Excused: Senator Sellar - 1.

SECOND SUBSTITUTE SENATE BILL NO. 6811, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6558, by Senator Kohl-Welles

Including higher education programs in the work activity definition.

MOTIONS

On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6558 was substituted for Senate Bill No. 6558 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 6558 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

DEMAND FOR THE PREVIOUS QUESTION

Senators Snyder, Betti Sheldon and Spanel demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6558.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6558 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 31.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Stevens, Swecker, West and Zarelli - 17.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6558, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6167, by Senators Fairley and Thibaudeau

Changing public assistance provisions.

MOTIONS

On motion of Senator Fairley, Second Substitute Senate Bill No. 6167 was substituted for Senate Bill No. 6167 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Fairley, the rules were suspended, Second Substitute Senate Bill No. 6167 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6167.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6167 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SECOND SUBSTITUTE SENATE BILL NO. 6167, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

MOTION

On motion of Senator Honeyford, Senator Hale was excused.

THIRD READING

SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8205, by Senate Committee on Ways and Means (originally sponsored by Senator Hargrove)

Requiring a geographic distribution of initiative petition signatures.

The joint resolution was read the third time

Senator Hargrove spoke to Second Substitute Senate Joint Resolution No. 8205.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Joint Resolution No. 8205.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Joint Resolution No. 8205 and the joint resolution passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 35.

Voting nay: Senators Fairley, Finkbeiner, Franklin, Fraser, Horn, Johnson, Kohl-Welles, Prentice, Roach, Rossi, Spanel and Thibaudeau - 12.

Excused: Senators Hale and Sellar - 2.

SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8205, having received the constitutional two-thirds majority was declared passed.

MOTION

At 5:59 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 7:05 p.m. by President Owen.

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

SECOND READING

SENATE BILL NO. 6525, by Senators Fraser, Swecker, Jacobsen, Eide, McAuliffe and Gardner

Prioritizing the processing of applications for water rights changes and transfers.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 6525 was substituted for Senate Bill No. 6525 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 6525 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Goings, further consideration of Substitute Senate Bill No. 6525 was deferred.

PERSONAL PRIVILEGE

Senator Finkbeiner: “Mr. President, I rise to a point of personal privilege. While we are getting things in order here, I thought I would take just a quick moment and hopefully this won’t lead to a problem. Since we are in here late tonight, my wife and son are watching us on TVW and it is Valentine’s Day. I wanted to wish my wife a happy Valentine’s Day and say goodnight to Conner. Thank you for allowing that point of personal privilege.”

REPLY BY THE PRESIDENT

President Owen: “I’m going to check the rule book. I am not sure that is a point of personal privilege, but it is certainly allowed on St. Valentine’s Day.”

SECOND READING

SENATE BILL NO. 6561, by Senators Rossi, Patterson, Horn, Loveland, Heavey, Deccio, Rasmussen, Winsley, T. Sheldon and Haugen

Designating the Washington national guard as a law enforcement agency for the purposes of federal drug asset forfeiture laws.

The bill was read the second time.

MOTIONS

On motion of Senator Rossi, the following amendment by Senators Rossi, Kohl-Welles, Brown and Heavey was adopted:

On page 2, line 1, after "agency." insert "The Washington national guard shall keep a record of property or money received under this subsection. The record must include, consistent with 21 U.S.C. Sec. 881, the following: Whether the national guard retained or disposed of the property; the amount of money received directly; a description of property received and the amount of money realized from disposition of the property; a description and record of the national guard's use of the money or property; and any additional information the national guard deems appropriate. The Washington national guard shall file an annual report with the legislature and governor setting forth the information required to be recorded under this subsection."

On motion of Senator Patterson, the rules were suspended, Engrossed Senate Bill No. 6561 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6561.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6561 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, 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, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.

Voting nay: Senators Finkbeiner and Zarelli - 2.

Absent: Senator Hargrove - 1.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6561, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6548, by Senator McCaslin

Selling a vehicle by consignment at wholesale motor vehicle auctions.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 6548 was substituted for Senate Bill No. 6548 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 6548 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6548.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6548 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6548, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6600, by Senator Haugen

Compensating highway and ferry workers for motorist assault.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6600.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6600 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

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

Voting nay: Senators Finkbeiner, Hochstatter, Honeyford, Horn and Morton - 5.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6439, by Senators Long, Hargrove and Sheahan (by request of Department of Social and Health Services)

Changing terminology in the release from commitment of persons in mental treatment facilities.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 6439 was substituted for Senate Bill No. 6439 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6439 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6439.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6439 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Absent: Senator Wojahn - 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6439, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 6613, deferred on second reading earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling on the point of order by Senator West concerning whether Senate Bill No. 6613 violates Senate Rules 25, the President notes that he has entertained this point of order on two occasions in the past, both times when the measure in question was on third reading. The President believes that the proper time to make this point of order is on third reading. Until that time, the body may perfect the measure.

“You’re asking for an advisory opinion. The President does not give advisory opinions. The President makes rulings on points of order. If the President ruled on a point of order on second reading that a measure fails to comply with Senate Rule 25, this would have the effect of preventing further consideration of that measure, and of preventing the body from perfecting the measure so that it does comply with Senate Rule 25.

“The President believes that the proper time to make a point of order under Senate Rule 25 is on third reading. Until that time, the body may perfect the measure and, if necessary, consult with advisers concerning the measure’s compliance with Senate Rule 25.”

MOTION

Senator Costa moved that the following striking amendment by Senators Costa, Oke and Heavey be adopted:Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.61.687 and 1994 c 100 s 1 are each amended to read as follows:

(1) Whenever a child who is less than ((ten)) sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system as follows:

(a) If the child is less than one year of age, the child shall be properly restrained in a rear-facing infant seat;

(b) If the child is more than one but less than ((three)) four years of age and/or weighs less than forty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system ((that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system));

(((b))) (c) If the child is less than ((ten)) eight years of age and/or eighty pounds but at least ((three)) four years of age, the child shall be properly restrained ((either as specified in (a) of this subsection or with a safety belt properly adjusted and fastened around the child's body.)) in a child booster seat;

(d) If the child is eight years of age or older or weighs more than eighty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body; and

(e) The driver of a vehicle transporting a child under the age of eight years old and/or eighty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

(2) A person violating subsection (1)(a) through (c) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, ((and)) (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

(5) The requirements of subsection (1)(a) through (c) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

Sec. 2. RCW 46.61.688 and 1990 c 250 s 58 are each amended to read as follows:

(1) For the purposes of this section, the term "motor vehicle" includes:

(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;

(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

(c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and

(d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.

(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device under RCW 46.61.687.

(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.

(7)(a) Enforcement of subsection (4) of this section by law enforcement officers must be accomplished as a primary action.

(b) Enforcement of subsections (1) through (3) and (5) through (9) of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.

(8) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.

(9) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.

NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

The traffic safety commission shall conduct an educational campaign using all available methods to raise public awareness of the importance of properly restraining child passengers and the value of seatbelts to adult motorists. The traffic safety commission shall report to the transportation committees of the legislature on the campaign and results observed on the highways. The first report is due December 1, 2000, and annually thereafter.

NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:

This act may be known and cited as the Anton Skeen act."

MOTION

Senator Deccio moved that the following amendment to the striking amendment by Senators Costa, Oke and Heavey be adopted:

On page 3, line 19, after "(6)" strike all material through "action." on line 21, and insert "((Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.))"

Renumber the sections consecutively and correct any internal references accordingly.

POINT OF ORDER

Senator Kline: “I rise on a point of order, Mr. President. The point of order is a question to the President as to whether the amendment exceeds the scope and object of the striking amendment to which it depends. In support of that, if I may, there are two purposes remaining in the striker. One is to raise to the age of sixteen, the age of which a child passenger must have a seat belt. The second is a study by the Traffic Safety Commission. Those two purposes of the underlying striker are quite different from this, which has to do with legal liability and with what is admissible evidence in a lawsuit and totally apart from the good Senator’s characterization of that evidence. The fact is that this subject is beyond the scope and object of the underlying striking amendment.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6613 was deferred.

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

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6525, deferred on third reading earlier today.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6525.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6525 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

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

Voting nay: Senators Deccio, Finkbeiner, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 18.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6525, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6152, by Senators Stevens, Hochstatter, Swecker and Kohl-Welles

Changing provisions relating to the care, supervision, and treatment of children, developmentally disabled persons, and vulnerable adults.

MOTIONS

On motion of Senator Hargrove, Second Substitute Senate Bill No. 6152 was substituted for Senate Bill No. 6152 and the second substitute bill was placed on second reading and read the second time.

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

On page 4, line 35, after "not" strike "founded" and insert "unfounded"

On page 5, line 6, after "not" strike "founded" and insert "unfounded"

On page 5, line 33, after "not" strike "founded" and insert "unfounded"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Stevens on page 4, line 35, page 5, lines 6 and 33, to Second Substitute Senate Bill No. 6152.

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

MOTION

On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6152 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6152.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6152 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6152, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 5469, deferred on second reading earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Patterson to the scope and object of the amendments by Senator West on page 3, after line 34, and page 6, after line 23, to the striking amendment by Senator Patterson to Senate Bill No. 5469, the President would like to remind the members that Senate Rule 66 provides that no amendment shall be allowed which ‘changes the scope and object of the bill.’ The President will, therefore, measure an amendment to a striking amendment against the scope and object of the underlying bill, not to the striking amendment to the bill.

“Having stated that, the President finds that Senate Bill No. 5469, the underlying bill in this case, is a measure which does one thing only. It raises competitive bid limits to account for inflation. The amendments by Senator West to the striking amendment would subject public works performed by city or county employees to prevailing wage requirements.

“The President, therefore, finds that the amendments to the striking amendment do change the scope and object of the bill, and that the point is well taken.”

The amendments by Senator West on page 3, after line 34, and page 6, after line 23, to the striking amendment by Senator Patterson to Senate Bill No. 5469 were ruled out of order.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5469 was deferred.

SECOND READING

SENATE BILL NO. 6391, by Senators Thibaudeau, Deccio and Kohl-Welles

Authorizing the disproportionate share study.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 6391 was substituted for Senate Bill No. 6391 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the following amendment by Senators Thibaudeau, Hargrove and Deccio was adopted:

On page 2, line 20, after "act." insert "Interested and affected organizations and agencies include, but are not limited to, representatives of the medical society, representatives of hospitals employing primary care physicians, representatives of hospitals providing medical residency programs, representatives of health maintenance organizations employing primary care physicians, and representatives of the Washington rural health association. When consulting with interested and affected organizations and agencies, the medical assistance administration and the health care authority shall seek the input of these organizations and agencies concerning how best to construct the methodology or methodologies that are needed to successfully complete the primary health care provider study, including, but not limited to, how to calculate provider cost relative to a regional consumer price index, patient mix, and organizational variables. As the study develops, the medical assistance administration and the health care authority shall continue to consult with the affected organizations and agencies in order to produce final study methodologies that accurately reflect the impact of the issues on the affected organizations and agencies."

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 6391 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6391.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6391 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

Absent: Senator Heavey - 1.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6391, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6331, by Senators Costa, Winsley, Thibaudeau, Fairley, Kohl-Welles and Gardner

Regulating disclosure of health care information.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 6331 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6331.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6331 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6331, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6382, by Senators Thibaudeau, McCaslin, Long, Costa, Winsley, Rasmussen, Kohl-Welles and McAuliffe (by request of Attorney General Gregoire)

Protecting dependent persons.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 6382 was substituted for Senate Bill No. 6382 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6382 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6382.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6382 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6382, 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.

PERSONAL PRIVILEGE

Senator Thibaudeau: “A point of personal privilege, Mr. President. I would just like to express my appreciation to the staff who did yeomen service. This bill was about to die and people would have been without the kinds of protection that this bill provides. The staff rescued it and gave us great help in redrafting it and I just want to express my appreciation to them. Thank you.”

SECOND READING

SENATE BILL NO. 6668, by Senators McAuliffe, Finkbeiner, Eide, Rasmussen, Goings, Kohl-Welles, B. Sheldon and Patterson (by request of Governor Locke)

Promoting standards for educator quality.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 6668 was substituted for Senate Bill No. 6668 and the substitute bill was placed on second reading and read the second time.

Senator Zarelli moved that the following amendment by Senators Zarelli, Finkbeiner and McAuliffe be adopted:

On page 2, line 20, after "be" strike "a voting member" and insert "an ex officio, nonvoting member"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli, Finkbeiner and McAuliffe on page 2, line 20, to Substitute Senate Bill No. 6668.

The motion by Senator Zarelli carried and the amendment was adopted.

MOTION

Senator Zarelli moved that the following amendment by Senators Zarelli and Finkbeiner be adopted:

On page 3, after line 21, insert the following:

"(12) All final decisions of the Washington professional educator standards board shall be subject to unanimous consensus of all members of the board."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli and Finkbeiner on page 3, after line 21, to Substitute Senate Bill No. 6668.

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

MOTION

Senator Finkbeiner moved that the following amendment by Senators Finkbeiner and McAuliffe be adopted:

On page 4, line 12, after "capacity." insert "The Washington professional educator standards board shall submit a separate report by December 1, 2000, to the governor and the legislature, providing recommendations for at least two high quality alternate routes to teacher certification."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner and McAuliffe on page 4, line 12, to Substitute Senate Bill No. 6668.

The motion by Senator Finkbeiner carried and the amendment was adopted.

MOTION

Senator Finkbeiner moved that the following amendment be adopted:

On page 5, beginning on line 10, after "certificate" strike all material through "certificate." on line 12, and insert ". Beginning May 1, 2003, individuals with a residency or professional certificate who pass this assessment shall receive an endorsement in the appropriate subject area without fulfilling further requirements."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 5, beginning on line 10, to Substitute Senate Bill No. 6668.

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

MOTION

Senator Finkbeiner moved that the following amendment be adopted:

On page 7, after line 21, insert the following:

"PART 3

CONDITIONAL CERTIFICATION

NEW SECTION. Sec. 301. A new section is added to chapter 28A.410 RCW to read as follows:

(1) The purpose of a conditional certificate is to assist local school districts, approved private schools, and educational service districts in meeting the state's educational goals by giving them flexibility in hiring decisions based on shortages or the opportunity to secure the services of talented individuals.

(2) A conditional certificate shall be issued upon application by the local school district, approved private school, or educational service district superintendent to persons who meet the age, good moral character, and personal fitness requirements established by the state board of education for all certificated staff, if one of the following conditions is verified:

(a) The applicant is highly qualified and experienced in the subject matter to be taught and has unusual distinction or exceptional talent; or

(b) No person with regular teacher certification in the endorsement area is available as verified by the district or educational service district superintendent or approved private school administrator, or circumstances warrant consideration of issuance of a conditional certificate.

(3) When requesting a conditional certificate for persons who provide classroom instruction, the educational service district superintendent or local district superintendent or approved private school administrator shall verify that the following criteria will be met:

(a) The individual passes the basic skills assessment under section 201(1) of this act when it becomes required;

(b) The individual passes the subject knowledge assessment under section 201(2) of this act when it becomes required;

(c) The individual will be delegated primary responsibility for planning, conducting, and evaluating instructional activities;

(d) The individual will be oriented and prepared for the specific assignment by the employing district or approved private school; and

(e) Within the first sixty working days, the individual will complete sixty clock hours of coursework in pedagogy and child/adolescent development appropriate to the assigned grade levels as approved by the employing school district or approved private school.

(4) The certificate is valid for two years or less, as evidenced by the expiration date that is printed on the certificate, and only for the activity specified. The certificate may be reissued for two years and for two-year intervals thereafter upon application by the employing local school district, approved private school, or educational service district, and upon completion of sixty clock hours since the issuance of the most recent certificate."

Renumber the remaining part and sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 7, after line 21, to Substitute Senate Bill No. 6668.

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

MOTION

On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 6668 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Deccio, Senator McCaslin was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6668.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6668 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 41.

Voting nay: Senators Honeyford, Johnson, Morton, Stevens, Swecker and Zarelli - 6.

Excused: Senators McCaslin and Sellar - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6668, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6220, by Senators Prentice, Winsley, Deccio and Rasmussen

Prohibiting unfair competition by motor vehicle dealers and manufacturers.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 6220 was substituted for Senate Bill No. 6220 and the substitute bill was placed on second reading and read the second time.

Senator Winsley moved that the following striking amendment by Senators Winsley and Prentice be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.96 RCW to read as follows:

(1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person controlled by or under common control with a manufacturer, distributor, factory branch, or factory representative, shall not:

(a) Discriminate between new motor vehicle dealers by selling or offering to sell a like vehicle to one dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped;

(b) Discriminate between new motor vehicle dealers by selling or offering to sell parts or accessories to one dealer at a lower actual price than the actual price offered to another dealer;

(c) Discriminate between new motor vehicle dealers by using a promotion plan, marketing plan, or other similar device that results in a lower actual price on vehicles, parts, or accessories being charged to one dealer over another dealer;

(d) Discriminate between new motor vehicle dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer, distributor, factory branch, or factory representative shall disclose in writing to the dealer the method by which new motor vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles;

(e) Give preferential treatment to some new motor vehicle dealers over others by refusing or failing to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicles sold or distributed by the manufacturer, distributor, factory branch, or factory representative, a new vehicle, parts, or accessories, if the vehicle, parts, or accessories are being delivered to other dealers, or require a dealer to purchase unreasonable advertising displays or other materials, or reasonably require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles;

(f) Compete with a new motor vehicle dealer by acting in the capacity of a new motor vehicle dealer, or by owning, operating, or controlling, whether directly or indirectly, a motor vehicle dealership in this state. It is not, however, a violation of this subsection for:

(i) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership for a temporary period, not to exceed two years, during the transition from one owner of the dealership to another where the dealership was previously owned by a franchised dealer and is currently for sale to any qualified independent person at a fair and reasonable price. The temporary operation may be extended for up to one twelve-month period on petition of the temporary operator to the department. The matter will be handled as an adjudicative proceeding under chapter 34.05 RCW. Any dealer who is a franchisee of the petitioning manufacturer or distributor shall have the right to intervene and participate in any proceeding under chapter 34.05 RCW. The temporary operator has the burden of proof to show justification for the extension and a good faith effort to sell the dealership to an independent person at a fair and reasonable price;

(ii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship program for the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, and where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person under the program was made within a reasonable period of time and under reasonable terms and conditions;

(iii) A manufacturer, distributor, factory branch, or factory representative to own or operate a dealership in conjunction with an independent person in a bona fide business relationship where the independent person: (A) Has made a significant, bona fide capital investment in the dealership that is subject to loss; (B) has an ownership interest in the dealership; and (C) operates the dealership under a bona fide written agreement with the manufacturer, distributor, factory branch, or factory representative under which he or she will acquire all of the ownership interest in the dealership within a reasonable period of time and under reasonable terms and conditions. The manufacturer, distributor, factory branch, or factory representative has the burden of proof of establishing that the acquisition of the dealership by the independent person was made within a reasonable period of time and under reasonable terms and conditions. The number of dealerships operated under this subsection (1)(f)(iii) may not exceed two percent of the total of new motor vehicle dealer franchises per manufacturer in this state;

(iv) A truck manufacturer to own, operate, or control a new motor vehicle dealership that sells only trucks of that manufacturer's line make with a gross vehicle weight rating of 12,500 pounds or more, and the truck manufacturer has been continuously engaged in the retail sale of the trucks at least since January 1, 1993; or

(v) A manufacturer to own, operate, or control a new motor vehicle dealership trading exclusively in a single line make of the manufacturer if (A) the manufacturer's ownership interest is no more than forty-five percent of the total ownership, (B) at the time the manufacturer first acquires an ownership interest or assumes operation, the distance between any dealership thus owned or operated and the nearest unaffiliated motor vehicle dealership trading in the same line make is not less than fifteen miles, (C) during the period of ownership, the manufacturer of the line make has no more than five motor vehicle franchise agreements governing the line make in effect in this state, and (D) the manufacturer has been continuously engaged, at least since January 1, 1993, in the retail sale of motor vehicles of its own line make through the dealership;

(g) Compete with a new motor vehicle dealer by owning, operating, or controlling, whether directly or indirectly, a service facility in this state for the repair or maintenance of motor vehicles. Nothing in this subsection (1)(g), however, prohibits a manufacturer, distributor, factory branch, or factory representative from owning or operating a service facility for the purpose of providing or performing maintenance, repair, or service work on motor vehicles that are owned by the manufacturer, distributor, factory branch, or factory representative;

(h) Disclose, misappropriate, or unfairly use confidential or proprietary information obtained from an entity or person having a franchise agreement or franchise relationship with the manufacturer, distributor, factory branch, or factory representative. Confidential or proprietary information obtained from a franchisee is a valuable trade secret and may not be used by the manufacturer or distributor in a manner that is detrimental or disadvantageous to the franchisee, including but not limited to competing with the franchisee. For purposes of this section, the term "confidential or proprietary information" means trade secrets as defined in RCW 19.108.010, business plans, marketing plans or strategies, customer lists, contracts, sales data, revenues or other financial information, forecasts, or any other information that is designated as confidential, or, if disclosed orally, is identified as confidential or proprietary at the time of disclosure.

(2) Subsection (1)(a), (b), and (c) of this section do not apply to sales to a motor vehicle dealer: (a) For resale to a federal, state, or local government agency; (b) where the vehicles will be sold or donated for use in a program of driver's education; (c) where the sale is made under a manufacturer's bona fide promotional program offering sales incentives or rebates; (d) where the sale of parts or accessories is under a manufacturer's bona fide quantity discount program; or (e) where the sale is made under a manufacturer's bona fide fleet vehicle discount program. For purposes of this subsection, "fleet" means a group of fifteen or more new motor vehicles purchased or leased by a dealer at one time under a single purchase or lease agreement for use as part of a fleet, and where the dealer has been assigned a fleet identifier code by the department of licensing.

(3) The following definitions apply to this section:

(a) "Actual price" means the price to be paid by the dealer less any incentive paid by the manufacturer, distributor, factory branch, or factory representative, whether paid to the dealer or the ultimate purchaser of the vehicle.

(b) "Control" or "controlling" means (i) the possession of, title to, or control of ten percent or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary, or (ii) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise, except as expressly provided under the franchise agreement.

(c) "Motor vehicles" does not include trucks that are 14,001 pounds gross vehicle weight and above or recreational vehicles as defined in RCW 43.22.335.

(d) "Operate" means to manage a dealership, whether directly or indirectly.

(e) "Own" or "ownership" means to hold the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.

(4) A violation of this section is deemed to affect the public interest and constitutes an unlawful and unfair practice under chapter 19.86 RCW. A new motor vehicle dealer having a franchise with a manufacturer or distributor, who is alleged to have violated any provision of this section, may bring an action under chapter 7.04 RCW against that manufacturer or distributor to restrain and prevent the doing of any act prohibited in this section or declared to be unlawful and to recover any damages sustained by reason of the manufacturer's or distributor's violation, together with the costs of the suit, including reasonable attorneys' fees."

POINT OF INQUIRY

Senator Haugen: “Senator Winsley, well I am really sympathetic to the car dealers, but I can tell you that I am really more sympathetic to the people that I represent who have to buy cars. I need to know that, in any way, does this bill make it so that the people I represent and you all represent would make it more difficult for them to find a good car at a bargain price? You know, I am really proud of the dealer I deal with, but I think people ought to have the right to be able to go buy a car where they can get the best deal. I wouldn’t want to vote for anything that would make it more difficult for the people who don’t have a whole lot of money to be able to get the best buy they can find.”

Senator Winsley: “Senator, I believe that just the opposite is true. I think there is a lot of information--for instance I think one of the things we learned in committee is how often the manufacturers finance dealerships and loan them money and it is at a low interest rate, so they are helping. Most of your car dealers--not all--but a lot are owned by families and they have been passed on from one generation to another. I am not going to name names, but I think if some of these large dealerships were to sell, they may not find someone on the market right away that could take over and purchase that for that amount of money.

“In this bill, the manufacturer could do it on a temporary basis. I feel that we have put enough in this bill that will give the consumer the right to look for the best bargain. We took the Internet out, so they could still shop for a car on the Internet, if that is the best buy, or the best bang for the buck--let’s put it that way. I don’t know about Costco, but there is nothing in here, I guess, to avoid that. I will just have to put a little plug; we had a little bill last session--remember--we wanted to let everybody know about those 800 numbers they were calling when they were ordering flowers, so as the old saying goes--what is good for the goose is good for the gander. I urge your support.”

Further debate ensued.

POINT OF INQUIRY

Senator Benton: “Senator Gardner, can you tell me if this amendment that is being offered here on the floor today, is this in agreement by both parties at this time? Do you know?”

Senator Gardner: “I can’t speak for all parties; I can only speak for myself and my perusal of it. I don’t speak for anyone else. I am urging the other Senators to vote for it, because of my own personal opinion.”

Senator Benton: “Okay, thank you very much, Senator.”

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Winsley and Prentice to Substitute Senate Bill No. 6220.

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

MOTIONS

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

On line 2 of the title, after "manufacturers;" strike the remainder of the title and insert "and adding a new section to chapter 46.96 RCW."

On motion of Senator Winsley, the rules were suspended, Engrossed Substitute Senate Bill No. 6220 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6220.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6220 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6220, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6686, by Senators Patterson, Horn, Oke, Roach and Kline (by request of Governor Locke)

Protecting personal financial information.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 6686 was substituted for Senate Bill No. 6686 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 6686 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6686.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6686 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6686, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6455, by Senators Gardner, Winsley, Fraser, Shin, Kohl-Welles, Brown, Costa, Fairley and Jacobsen

Providing for the licensing of geologists.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 6455 was substituted for Senate Bill No. 6455 and the substitute bill was placed on second reading and read the second time.

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

On page 14, after line 23, insert the following:

"NEW SECTION. Sec. 17. The board shall immediately suspend the license or practice permit of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a child support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW

074.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422."

Renumber the sections consecutively and correct any internal references accordingly.

MOTION

On motion of Senator Gardner, the rules were suspended, Engrossed Substitute Senate Bill No. 6455 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6455.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6455 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 36.

Voting nay: Senators Benton, Finkbeiner, Hargrove, Hochstatter, Honeyford, Johnson, McCaslin, Roach, Rossi, Stevens, West and Zarelli - 12.

Excused: Senator Sellar - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6455, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6775, by Senators Patterson, Horn, Haugen, Shin, Prentice, Goings, Gardner and Costa

Simplifying public disclosure report filing and distributions.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6775 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6775.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6775 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

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

Voting nay: Senators Benton, Hargrove, Honeyford, Roach, Stevens and Zarelli - 6.

Excused: Senator Sellar - 1.

SENATE BILL NO. 6775, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5874, by Senators Deccio, Franklin, Hale, Prentice, Costa, Loveland, B. Sheldon, Fairley, Kline, Spanel, Hochstatter, Long, Shin and McAuliffe

Concerning optometrists' use of approved drugs.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5874 was substituted for Senate Bill No. 5874 and the substitute bill was placed on second reading and read the second time.

Senator Wojahn moved that the following amendments by Senators Wojahn, McDonald and Rasmussen be considered simultaneously and be adopted:

On page 3, beginning on line 15, after "prescribe" strike all material through "pain" on line 16, and insert "drugs administered orally for therapeutic purposes"

On page 3, after line 17, strike all material through "pain." on line 27

Beginning on page 6, line 24, strike all of section 4

Renumber the remaining section consecutively and correct any internal references accordingly.

Debate ensued.

DEMAND FOR THE PREVIOUS QUESTION

Senators Snyder, Spanel and Prentice demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried on a rising vote.

The President declared the question before the Senate to be adoption of the amendment by Senators Wojahn, McDonald and Rasmussen on page 3, beginning on line 15; page 3, after line 17; and beginning on page 6, line 24, to Substitute Senate Bill No. 5874.

The motion by Senator Wojahn failed and the amendments were not adopted on a rising vote.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5874 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5874.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5874 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

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

Voting nay: Senators Eide, McDonald, Rasmussen, Sheldon, T., West and Wojahn - 6.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 5874, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Senate Bill No. 6613, deferred on second reading earlier today.

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Kline to the scope and object of the amendment by Senator Deccio on page 3, line 32, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613, the President would again like to remind the members that under Senate Rule 66, the President measures an amendment to a striking amendment against the scope and object of the underlying bill, not to the striking amendment to the bill. Also, for purposes of Senate Rule 66, the President does not take into account the title of the bill, but rather looks to the bill’s substance.

“According to these standards, the President finds that Senate Bill No. 6613, the underlying bill in this case, is a measure which relates broadly to safety belts. The measure would make changes to requirements for child restraint systems and the measure would also make safety belt violations subject to enforcement as a primary actions. The amendment by Senator Deccio on page 3, line 32, to the striking amendment would also create an incentive to comply with safety belt requirements; namely, the amendment would provide that failure to comply with safety belt requirements may be admissible as evidence of negligence in a civil action.

“The President, therefore, finds that the amendment to the striking amendment does not change the scope and object of the underlying bill, and that the point is not well taken.”

The amendment by Senator Deccio on page 3, line 32, to the striking amendment by Senators Costa, Oke and Heavey was ruled in order.

The President declared the question before the Senate to be the adoption of the amendment by Senator Deccio on page 3, line 32, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

Debate ensued.

Senator Kline demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Deccio on page 3, line 32, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

ROLL CALL

The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 15; Nays, 33; Absent, 0; Excused, 1.

Voting yea: Senators Deccio, Hale, Hochstatter, Honeyford, McCaslin, McDonald, Morton, Oke, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Winsley - 15.

Voting nay: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Wojahn and Zarelli - 33.

Excused: Senator Sellar - 1.

MOTION

Senator Roach moved that the following amendment to the striking amendment by Senators Costa, Oke and Heavey be adopted:

On page 1, line 9 of the striking amendment, strike "sixteen" and insert "twelve"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 1, line 9, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

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

MOTION

Senator Roach moved that the following amendments to the striking amendment by Senators Costa, Oke and Heavey be considered simultaneously and be adopted:

On page 1, line 20 of the striking amendment, strike "shall" and insert "((shall)) may"

On page 1, line 21 of the striking amendment, after "forward facing" insert "or rear-facing"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Roach on page 1, lines 20 and 21, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

The motion by Senator Roach failed and the amendments to the striking amendment were not adopted.

MOTION

Senator Roach moved that the following amendment to the striking amendment by Senators Costa, Oke and Heavey be adopted:

On page 2, line 3 of the striking amendment, after "(2)" strike "A" and insert "In a vehicle registered in the state of Washington, a"

PERSONAL PRIVILEGE

Senator Roach: “I want to state as a matter of personal privilege before I enter into this discussion. We should be respectful of all members of the Senate. I think it is disrespectful to suggest, just because somebody is not on the Transportation Committee, that they don’t understand these issues. I have had five children, raised them all, and they have all been in automobiles and I think the maker of that comment can’t say that for even one. So, let’s start keeping our comments to what we should be talking about and that is the issue before us.”

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 2, line 3, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613. The motion by Senator Roach failed and the amendment to the striking amendment was not adopted.

MOTION

Senator Zarelli moved that the following amendment by Senators Benton, Zarelli and Johnson to the striking amendment by Senators Costa, Oke and Heavey be adopted:

On page 3, beginning on line 22 of the striking amendment, strike everything through "action." on line 23

Debate ensued.

PERSONAL PRIVILEGE

Senator Tim Sheldon: “A point of personal privilege, Mr. President. As the hour grows late and given the intensity of the debate, perhaps we should consider seat belts on legislative chairs.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Benton, Zarelli and Johnson on page 3, beginning on line 22, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

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

MOTION

Senator Benton moved that the following amendment to the striking amendment be adopted:

On page 3, line 23 of the striking amendment, after "officers" strike "must" and insert "may"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 3, line 23, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

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

MOTION

Senator Benton moved that the following amendment to the striking amendment be adopted:

On page 4, after line 7, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:

Seventy-five percent of all fines and penalties collected under RCW 46.61.688 shall be allocated to the traffic safety commission to be used solely to raise public awareness of the importance of properly restraining child passengers and the value of seatbelts to adult motorists."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 4, after 7, to the striking amendment by Senators Costa, Oke and Heavey to Senate Bill No. 6613.

The motion by Senator Benton failed and the amendment to the striking amendment was not adopted.The President declared the question before the Senate to be the adoption of the striking amendment by Senators Costa, Oke and Heavey, as amended, to Senate Bill No. 6613.

The motion by Senator Costa carried and the striking amendment, as amended, was adopted.

PARLIAMENTARY INQUIRY

Senator Benton: “I rise to a parliamentary inquiry. When you asked for a vote on Senator Costa’s amendment. Would that be the amendment, as amended?”

REPLY BY THE PRESIDENT

President Owen: “Yes, that is correct.”

Senator Benton: “Thank you.”

MOTIONS

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

On page 1, line 1 of the title, after "systems;" strike the remainder of the title and insert "amending RCW 46.61.687 and 46.61.688; and adding new sections to chapter 46.61 RCW."

On motion of Senator Costa, the rules were suspended, Engrossed Senate Bill No. 6613 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6613.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6613 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 37.

Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, McCaslin, Morton, Roach, Rossi, Sheldon, T., Stevens and Zarelli - 11.

Excused: Senator Sellar - 1.

ENGROSSED SENATE BILL NO. 6613, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:17 p.m.,0 on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Tuesday, February 15, 2000.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate