The department of health, in consultation with appropriate medical professionals, shall develop screening criteria for use in identifying pregnant or lactating women addicted to drugs or alcohol who are at risk of producing a drug-affected ((baby)) infant. The department shall also develop training protocols for medical professionals related to the identification and screening of women at risk of producing a drug-affected ((baby)) infant."

MOTIONS

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

       On page 1, line 1 of the title, after "infants;" strike the remainder of the title and insert "amending RCW 70.83E.020; and adding a new section to chapter 70.83E RCW."

      On motion of Senator Costa, Engrossed Substitute Senate Bill No. 5416 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. 5416.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5416 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 42.

     Voting nay: Senators Fairley, Franklin, Kohl-Welles, McAuliffe, Roach, Thibaudeau and Zarelli - 7.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5416, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

SECOND READING

      SENATE BILL NO. 6698, by Senators Thibaudeau and Deccio

Exempting reflexologists from regulation as massage practitioners.

      The bill was read the second time.

MOTION

      On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 6698 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. 6698.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6698 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 1; Excused, 0.

     Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 40.

     Voting nay: Senators Benton, Hale, Haugen, Honeyford, McDonald, Morton, Rasmussen and West - 8.

     Absent: Senator Deccio - 1.

      SENATE BILL NO. 6698, 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. 6490, by Senators Roach, Kline, Rasmussen, Keiser, Regala, Benton, Honeyford, Oke, Hale, McDonald, Johnson, McCaslin, Kastama, Sheahan and Stevens

Increasing penalties for taking a motor vehicle without permission.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 6490 was substituted for Senate Bill No. 6490 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the following amendments by Senators Roach and Kline were considered simultaneously and were adopted: On page 10, beginning on line 7, strike the following: "Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))"

       On page 10, beginning on line 36, strike the following:"((Taking Motor Vehicle Without Permission (RCW 9A.56.070)))"

       and insert the following:

       "Taking Motor Vehicle Without Permission 2 (RCW 9A.56.070(2))"

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6490 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. 6490.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6490 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 40.

     Voting nay: Senators Fairley, Franklin, Fraser, Haugen, McAuliffe, Prentice, Snyder, Spanel and Thibaudeau - 9.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6490, 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. 6602, by Senators Costa, Long, Poulsen and Kastama

Revising the crime of extortion in the second degree.

MOTIONS

      On motion of Senator Costa, Substitute Senate Bill No. 6602 was substituted for Senate Bill No. 6602 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. 6602 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. 6602.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6602 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 6602, 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. 6675, by Senators Prentice, Fairley, Rasmussen, Fraser, Keiser, Costa, Franklin and Spanel

Prohibiting health care facilities from requiring employees to perform overtime work.

      The bill was read the second time.

MOTION

      On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions amendments were considered simultaneously and were adopted:

       On page 1, line 15, after "means" strike "an individual" and insert "a licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW"

       On page 1, line 17, after "wage" strike ", but does not include a physician"

MOTION

      On motion of Senator Prentice, the following striking amendment by Senators Prentice and Deccio was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. Washington state is experiencing a critical shortage of qualified, competent health care workers. To safeguard the health, efficiency, and general well-being of health care workers and promote patient safety and quality of care, the legislature finds, as a matter of public policy, that required overtime work should be limited with reasonable safeguards in order to ensure that the public will continue to receive safe, quality care.

       NEW SECTION. Sec. 2. The definitions in this section apply throughout this section and sections 3 and 4 of this act unless the context clearly requires otherwise.

       (1) "Employee" means a licensed practical nurse or a registered nurse licensed under chapter 18.79 RCW employed by a health care facility who is involved in direct patient care activities or clinical services and receives an hourly wage.

       (2) "Employer" means an individual, partnership, association, corporation, state institution, political subdivision of the state, or person or group of persons, acting directly or indirectly in the interest of a health care facility.

       (3) "Health care facility" means the following facilities, or any part of the facility, that operates on a twenty-four hours per day, seven days per week basis: Hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health care facilities as defined in RCW 70.175.020, and psychiatric hospitals licensed under chapter 71.12 RCW, and includes such facilities if owned and operated by a political subdivision or instrumentality of the state. If a nursing home regulated under chapter 18.51 RCW or a home health agency regulated under chapter 70.127 RCW is operating under the license of a health care facility, the nursing home or home health agency is considered part of the health care facility for the purposes of this subsection.

       (4) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift within a twenty-four hour period not to exceed twelve hours in a twenty-four hour period or eighty hours in a consecutive fourteen-day period.

       (5) "On-call time" means time spent by an employee who is not working on the premises of the place of employment but who is compensated for availability or who, as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.

       (6) "Reasonable efforts" means that the employer, to the extent reasonably possible, does all of the following but is unable to obtain staffing coverage:

       (a) Seeks individuals to volunteer to work extra time from all available qualified staff who are working;

       (b) Contacts qualified employees who have made themselves available to work extra time;

       (c) Seeks the use of per diem staff; and

       (d) Seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.

       (7) "Unforeseeable emergent circumstance" means (a) any unforeseen declared national, state, or municipal emergency; (b) when a health care facility disaster plan is activated; or (c) any unforeseen disaster or other catastrophic event which substantially affects or increases the need for health care services.

       NEW SECTION. Sec. 3. (1) No employee of a health care facility may be required to work overtime. Attempts to compel or force employees to work overtime are contrary to public policy, and any such requirement contained in a contract, agreement, or understanding is void.

       (2) The acceptance by any employee of overtime is strictly voluntary, and the refusal of an employee to accept such overtime work is not grounds for discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decision adverse to the employee.

       (3) This section does not apply to overtime work that occurs:

       (a) Because of any unforeseeable emergent circumstance;

       (b) Because of prescheduled on-call time;

       (c) When the employer documents that the employer has used reasonable efforts to obtain staffing. An employer has not used reasonable efforts if overtime work is used to fill vacancies resulting from chronic staff shortages; or

       (d) When an employee is required to work overtime to complete a patient care procedure already in progress where the absence of the employee could have an adverse effect on the patient.

       NEW SECTION. Sec. 4. The department of labor and industries shall investigate complaints of violations of section 3 of this act. A violation of section 3 of this act is a class 1 civil infraction in accordance with chapter 7.80 RCW, except that the maximum penalty is one thousand dollars for each infraction up to three infractions. If there are four or more violations of section 3 of this act for a health care facility, the employer is subject to a fine of two thousand five hundred dollars for the fourth violation, and five thousand dollars for each subsequent violation. The department of labor and industries is authorized to issue and enforce civil infractions according to chapter 7.80 RCW.

       NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 49.28 RCW."

MOTIONS

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

       On page 1, line 2 of the title, after "work;" strike the remainder of the title and insert "adding new sections to chapter 49.28 RCW; creating a new section; and prescribing penalties."

      On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6675 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. 6675.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6675 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 40.

     Voting nay: Senators Hewitt, Hochstatter, Honeyford, Horn, McCaslin, McDonald, Morton, Sheahan and Stevens - 9.

      ENGROSSED SENATE BILL NO. 6675, 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 11:27 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:00 p.m.

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

MOTIONS

      On motion of Senator Hewitt, Senators Horn and Winsley were excused.

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

SECOND READING

      SENATE BILL NO. 6481, by Senators Prentice and Winsley

Regulating insurance for rental vehicles.

MOTIONS

      On motion of Senator Prentice, Substitute Senate Bill No. 6481 was substituted for Senate Bill No. 6481 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. 6481 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. 6481.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6481 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Zarelli - 43.

     Absent: Senators Kline and Thibaudeau - 2.

     Excused: Senators Fairley, Gardner, Horn and Winsley - 4.

      SUBSTITUTE SENATE BILL NO. 6481, 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 Kastama, Senator Kline was excused.

SECOND READING

      SENATE BILL NO. 6640, by Senators Rasmussen, Swecker, Snyder, Jacobsen, Franklin, Kohl-Welles, Winsley and Roach

Classifying members of the Washington national guard as resident students.

MOTIONS

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6640 was substituted for Senate Bill No. 6640 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. 6640 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. 6640.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6640 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Absent: Senator Sheldon, T. - 1.

     Excused: Senators Fairley and Kline - 2.

      SUBSTITUTE SENATE BILL NO. 6640, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

      On motion of Senator Eide, Senator Kastama was excused.

      On motion of Senator Hewitt, Senator Hochstatter was excused.

SECOND READING

      SENATE JOINT MEMORIAL NO. 8029, by Senators Kohl-Welles, Rasmussen, Swecker, Hewitt, Sheahan, Prentice, Honeyford, Hargrove, Spanel, Hale, Brown, Snyder, Haugen, McAuliffe and Kline

      Petitioning to end restrictions on trade with Cuba.

MOTIONS

      On motion of Senator Rasmussen, Substitute Senate Joint Memorial No. 8029 was substituted for Senate Joint Memorial No. 8029 and the substitute joint memorial was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Joint Memorial No. 8029 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 Substitute Senate Joint Memorial No. 8029.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8029 and the joint memorial passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.

     Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 38.

     Voting nay: Senators Benton, Johnson, Morton, Oke, Roach, Rossi, Sheldon, T., Stevens and Zarelli - 9.

     Excused: Senators Hochstatter and Kastama - 2.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8029, having received the constitutional majority, was declared passed.

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

THIRD READING

      SENATE BILL NO. 5451, by Senators Costa, Kline, McCaslin and Kohl-Welles ( by request of Attorney General Gregoire)

Establishing a cause of action for crimes of violence motivated by gender.

      The bill was read the third time and 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. 5451.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5451 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5451, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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

SECOND READING

      SENATE BILL NO. 5797, by Senators Prentice, Deccio, Fairley, Thibaudeau and Costa

Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.

MOTIONS

      On motion of Senator Thibaudeau, Second Substitute Senate Bill No. 5797 was substituted for Senate Bill No. 5797 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the rules were suspended, Second Substitute Senate Bill No. 5797 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. 5797.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5797 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 39.

     Voting nay: Senators Hewitt, Honeyford, Long, Morton, Rasmussen, Roach, Sheldon, T., Stevens, West and Zarelli - 10.

      SECOND SUBSTITUTE SENATE BILL NO. 5797, 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. 6353, by Senators Haugen, Oke and Jacobsen

Increasing the fee for the migratory bird stamp from six dollars to eight dollars.

MOTIONS

      On motion of Senator Jacobsen, Second Substitute Senate Bill No. 6353 was substituted for Senate Bill No. 6353 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Jacobsen, the rules were suspended, Second Substitute Senate Bill No. 6353 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. 6353.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6353 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

     Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 37.

     Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Johnson, McCaslin, Morton, Roach, Sheahan, Sheldon, T., Stevens and Zarelli - 12.

      SECOND SUBSTITUTE SENATE BILL NO. 6353, 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.

PARLIAMENTARY INQUIRY

      Senator McCaslin: “Mr. President, a point of parliamentary inquiry. I realize that you can’t discuss the bill during the voting on it, but we have an example of misinformation–accidently–misinformation on the screen, that really doesn’t tell the Senators what the bill is about, what do you do then? You can go ahead and vote it in or out. I suppose you could always vote on the prevailing side and raise a point, but during the course of the vote, if it is wrong, is there any remedy to that?”

REPLY THE PRESIDENT

      President Owen: “Senator, right now the procedure is to show the title of the original bill. If you wish the procedure to change that, then it would be up to the body to make a decision and come up with a method to do it. The President believes that there is adequate information to provide you information on the bills available to you. However, if you choose to make a change that would have to be done by the body. ”

MOTION

      On motion of Senator Kastama, Senators Eide and McAuliffe were excused.

SECOND READING

      SENATE BILL NO. 6504, by Senators Kohl-Welles, Horn, Shin, Carlson, B. Sheldon, McAuliffe, Parlette, Jacobsen, Franklin and Sheahan

Changing provisions relating to institutions of higher education.

MOTIONS

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6504 was substituted for Senate Bill No. 6504 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. 6504 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. 6504.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6504 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Eide and McAuliffe - 2.

      SUBSTITUTE SENATE BILL NO. 6504, 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. 6648, by Senator Hargrove

Improving coordination of services when criminal mistreatment occurs.

MOTIONS

      On motion of Senator Costa, Substitute Senate Bill No. 6648 was substituted for Senate Bill No. 6648 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. 6648 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. 6648.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6648 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.

     Absent: Senators Snyder and Thibaudeau - 2.

      SUBSTITUTE SENATE BILL NO. 6648, 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 Kline was excused.

SECOND READING

      SENATE BILL NO. 6528, by Senators Keiser, Eide and Costa

Allowing governmental entities that award publicly funded contracts to select contractors using the lowest responsible bidder method.

MOTIONS

      On motion of Senator Keiser, Substitute Senate Bill No. 6528 was substituted for Senate Bill No. 6528 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Keiser, the following amendments were considered simultaneously and were adopted:On page 1, line 10, after "projects" insert "estimated to cost more than two hundred thousand dollars"

       On page 2, beginning on line 2, after "(3)" strike all material through "specified;" on line 3, and insert "Whether the bidder has demonstrated the ability to perform within the time specified by previous contracts;"

       On page 2, line 17, after "nonresponsible" insert "and the bidder shall forfeit any bid deposit submitted to the contracting agency in support of the bid"

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6528 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. 6528.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6528 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

     Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 36.

     Voting nay: Senators Benton, Carlson, Finkbeiner, Hewitt, Hochstatter, Honeyford, Johnson, McDonald, Parlette, Sheldon, T., Stevens and Zarelli - 12.

    Excused: Senator Kline - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6528, 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 Kastama, Senator Eide was excused.

SECOND READING

      SENATE BILL NO. 5949, by Senators Haugen and Swecker

Erecting and maintaining motorist information sign panels.

MOTIONS

      On motion of Senator Haugen, Second Substitute Senate Bill No. 5949 was substituted for Senate Bill No. 5949 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 5949 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. 5949.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5949 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Eide and Kline - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5949, 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. 6598, by Senators Kohl-Welles, Horn, Jacobsen, Winsley, Johnson, Prentice, Rossi, Hewitt, Eide, McAuliffe, Rasmussen and Finkbeiner

Creating the Washington natural science and wildlife education partnership fund.

MOTIONS

      On motion of Senator Costa, Substitute Senate Bill No. 6598 was substituted for Senate Bill No. 6598 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. 6598 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. 6598.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6598 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.

     Voting yea: Senators Brown, Carlson, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.

     Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, McCaslin and Morton - 6.

     Excused: Senator Eide - 1.

      SUBSTITUTE SENATE BILL NO. 6598, 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. 6464, by Senators Jacobsen, Horn and Kohl-Welles

Authorizing the creation of a city transportation authority.

MOTIONS

      On motion of Senator Jacobsen, Substitute Senate Bill No. 6464 was substituted for Senate Bill No. 6464 and the substitute bill was placed on second reading and read the second time.

      Senator Jacobsen moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

       (1) "Authority" means a city transportation authority created pursuant to this act.

       (2) "Authority area" means the territory within a city as designated in the ordinance creating the authority.

       (3) "Bonds" means bonds, notes, or other evidences of indebtedness.

       (4) "Public monorail transportation function" means the transportation of passengers and their incidental baggage by means of public monorail transportation facilities as authorized in this chapter.

       (5) "Public monorail transportation facilities" means a transportation system that utilizes train cars running on a guideway, together with the necessary passenger stations, terminals, parking facilities, related facilities or other properties, and facilities necessary and appropriate for passenger and vehicular access to and from people-moving systems, not including fixed guideway light rail systems.

       (6) "Qualified elector" means any person registered to vote within the city boundaries.

       NEW SECTION. Sec. 2. (1) A city transportation authority to perform a public monorail transportation function may be created in every city with a population greater than three hundred thousand to perform a public monorail transportation function. The authority shall embrace all the territory in the authority area. A city transportation authority is a municipal corporation, an independent taxing "authority" within the meaning of Article 7, section 1 of the state Constitution, and a "taxing district" within the meaning of Article 7, section 2 of the state Constitution.

       (2) Any city transportation authority and proposed taxes established pursuant to this chapter, either by ordinance or petition as provided in this chapter, must be approved by a majority vote of the electors residing within the proposed authority area voting at a regular or special election.

       NEW SECTION. Sec. 3. (1) A city that undertakes to propose creation of an authority must propose the authority by ordinance of the city legislative body. The ordinance must:

       (a) Propose the authority area and the size and method of selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not compose a majority of the members of the authority's governing body;

       (b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the authority;

       (c) Propose an initial array of taxes to be voted upon by the electors within the proposed authority area; and

       (d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of formation of the authority, until a permanent governing body is selected, but in no event longer than fourteen months.

       (2) An authority may also be proposed to be created by a petition setting forth the matters described in subsection (1) of this section, and signed by one percent of the qualified electors of the proposed authority area.

       (3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed taxes, either by ordinance or by petition as provided in this chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining, among other things, the authority's officers and the method of their selection, and other matters the governing body deems appropriate.

       NEW SECTION. Sec. 4. The authority is subject to all standard requirements of a governmental entity pursuant to RCW 35.21.759.

       NEW SECTION. Sec. 5. Every authority has the following powers:

       (1) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of public monorail transportation facilities, including passenger terminal and parking facilities and properties, and other facilities and properties as may be necessary for passenger and vehicular access to and from public monorail transportation facilities, together with all lands, rights of way, and property within or outside the authority area, and together with equipment and accessories necessary or appropriate for these facilities, except that property, including but not limited to other types of public transportation facilities, that is owned by any city, county, county transportation authority, public transportation benefit area, metropolitan municipal corporation, or regional transit authority may be acquired or used by an authority only with the consent of the public entity owning the property. The entities are authorized to convey or lease property to an authority or to contract for their joint use on terms fixed by agreement between the entity and the authority;

       (2) To fix rates, tolls, fares, and charges for the use of facilities and to establish various routes and classes of service. Rates, tolls, fares, or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens and handicapped persons;

       (3) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, and other country, city, other political subdivision or governmental instrumentality, or governmental agency, or any private person, firm, or corporation for the purpose of receiving any gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or maintenance of public monorail transportation facilities as follows:

       (a) Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law, the governing body of a city transportation authority may contract with one or more vendors for the design, construction, operation, or maintenance, or other service related to the development of a monorail public transportation system including, but not limited to, monorail trains, operating systems and control equipment, guideways, and pylons, together with the necessary passenger stations, terminals, parking facilities, and other related facilities necessary and appropriate for passenger and vehicular access to and from the monorail train.

       (b) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications or proposals for services from qualified vendors, the authority must publish notice of its requirements and request submission of qualifications statements or proposals. The notice must be published in the official newspaper of the city creating the authority at least once a week for two weeks, not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice must state in summary form: (i) The general scope and nature of the design, construction, operation, maintenance, or other services being sought related to the development of the proposed monorail, tram, or trolley public transportation system; (ii) the name and address of a representative of the city transportation authority who can provide further details; (iii) the final date for the submission of qualifications statements or proposals; (iv) an estimated schedule for the consideration of qualifications statements or proposals, the selection of vendors, and the negotiation of a contract or contracts for services; (v) the location of which a copy of any requests for qualifications statements or requests for proposals will be made available; and (vi) the criteria established by the governing body of the authority to select a vendor or vendors, which may include, but is not limited to, the vendor's prior experience, including design, construction, operation, or maintenance of other similar public transportation facilities, respondent's management capabilities, proposed project schedule, availability and financial resources, costs of the services to be provided, nature of facility design proposed by the vendors, system reliability, performance standards required for the facilities, compatibility with existing public transportation facilities operated by the authority or any other public body or other providers of similar services to the public, project performance guarantees, penalties, and other enforcement provisions, environmental protection measures to be used by the vendor, consistency with the applicable regional transportation plans, and the proposed allocation of project risks.

       (c) If the governing body of the city transportation authority decides to proceed with the consideration of qualifications statements or proposals submitted by vendors, it may designate a representative to evaluate the vendors who submitted qualifications statements or proposals and conduct discussions regarding qualifications or proposals with one or more vendors. The governing body or its representative may request submission of qualifications statements and may later request more detailed proposals from one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The governing body or its representative will evaluate the qualifications or proposals, as applicable. If two or more vendors submit qualifications or proposals that meet the criteria established by the governing body of the authority, discussions and interviews must be held with at least two vendors. Any revisions to a request for qualifications or request for proposals must be made available to all vendors then under consideration by the governing body of the authority and must be made available to any other person who has requested receipt of that information.

       (d) Based on the criteria established by the governing body of the authority, the representative will recommend to the governing body a vendor or vendors that are initially determined to be the best qualified to provide one or more of the design, construction, operation or maintenance, or other service related to the development of the proposed monorail public transportation system.

       (e) The governing body of the authority or its representative may attempt to negotiate a contract with the vendor or vendors selected for one or more of the design, construction, operation or maintenance, or other service related to the development of the proposed monorail public transportation system on terms that the governing body of the authority determines to be fair and reasonable and in the best interest of the authority. If the governing body, or its representative, is unable to negotiate a contract with any one or more of the vendors first selected on terms that it determines to be fair and reasonable and in the best interest of the authority, negotiations with any one or more of the vendors must be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set forth in this section. If the governing body decides to continue the process of selection, negotiations will continue with a qualified vendor or vendors in accordance with this section at the sole discretion of the governing body of the authority until an agreement is reached with one or more qualified vendors, or the process is terminated by the governing body. The process may be repeated until an agreement is reached.

       (f) Prior to entering into a contract with a vendor, the governing body of the authority must make written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the governing body of the authority to use this method for awarding contracts for one or more of the design, construction, or operation or maintenance of the proposed monorail public transportation system as compared to all other methods of awarding such contracts.

       (g) Each contract must include a project performance bond or bonds or other security by the vendor.

       (h) The provisions of chapters 39.12 and 39.19 RCW apply to a contract entered into under this section as if the public transportation systems and facilities were owned by a public body.

       (i) The vendor selection process permitted by this section is supplemental to and is not construed as a repeal of or limitation on any other authority granted by law.

       (j) Contracts for the construction of facilities, other than contracts for facilities to be provided by the selected vendor, with an estimated cost greater than two hundred thousand dollars must be awarded after a competitive bid process consistent with chapter 39.04 RCW or awarded through an alternative public works contracting procedure consistent with chapter 39.10 RCW;

       (4) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, any governmental agency, or any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, designing, constructing, operating any public transportation facility, or performing any service related to transportation which the authority is authorized to operate or perform, on terms as may be agreed upon by the contracting parties;

       (5) To acquire any existing public transportation facility by conveyance, sale, or lease. In any acquisition from a county, city, or other political subdivision of the state, the authority will receive credit from the county or city or other political subdivision for any federal assistance and state matching assistance used by the county or city or other political subdivision in acquiring any portion of the public transportation facility. Upon acquisition, the authority must assume and observe all existing labor contracts relating to the public transportation facility and, to the extent necessary for operation of the public transportation facility, all of the employees of the public transportation facility whose duties are necessary to efficiently operate the public transportation facility must be appointed to comparable positions to those which they held at the time of the transfer, and no employee or retired or pensioned employee of the public transportation facility will be placed in any worse position with respect to pension seniority, wages, sick leave, vacation, or other benefits than he or she enjoyed as an employee of the public transportation facility prior to the acquisition. Furthermore, the authority must engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired facility and may enter into labor contracts with the employee labor organization;

       (6) To contract for, participate in, and support research, demonstration, testing, and development of public monorail transportation facilities, equipment, and use incentives, and have all powers necessary to comply with any criteria, standards, and regulations which may be adopted under state and federal law, and to take all actions necessary to meet the requirements of those laws. The authority has, in addition to these powers, the authority to prepare, adopt, and carry out a comprehensive public monorail plan and to make other plans and studies and to perform programs as the authority deems necessary to implement and comply with those laws;

       (7) To establish local improvement districts within the authority area to finance public monorail transportation facilities, to levy special assessments on property specially benefited by those facilities, and to issue local improvement bonds to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection, enforcement, and all other matters relating to the local improvement districts, assessments, collection, and bonds are as provided in the statutes governing local improvement districts of cities and towns. The duties devolving upon the city treasurer in those statutes are imposed on the treasurer of the authority;

       (8) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without limitation the power to sue and be sued, to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the authority, to enter into contracts, and to employ the persons as the authority deems appropriate. An authority may also sell, lease, convey, or otherwise dispose of any real or personal property no longer necessary for the conduct of the affairs of the authority.

       NEW SECTION. Sec. 6. Each authority will establish necessary and appropriate funds and accounts consistent with the uniform system of accounts developed pursuant to RCW 43.09.210. The authority may designate a treasurer or may contract with any city with territory within the authority area for treasury and other financial functions. The city must be reimbursed for the expenses of treasury services. However, no city whose treasurer serves as treasurer of an authority is liable for the obligations of the authority.

       NEW SECTION. Sec. 7. The authority must adopt a public transportation plan for public transportation facilities to be provided by the authority and the facilities must be provided substantially in accordance with that plan. The plan, and any adopted plan amendments, will be submitted for approval to the legislative authority of the city. Prior to adoption of the plan, the authority will provide a minimum of sixty days during which sufficient public hearings will be held to provide interested persons an opportunity to participate in development of the plan. The plan or any amendment is not effective until approval is granted or until ninety days has elapsed since the plan or amendment has been submitted for approval and the city has neither approved not disapproved the plan or amendment within those ninety days. The plan as approved by the legislative authority, or after the passage of ninety days, when the vote has neither been approved nor disapproved, shall be put before the qualified electors of the authority area.

       NEW SECTION. Sec. 8. Every authority has the power to:

       (1) Levy excess levies upon the property included within the authority area, in the manner prescribed by Article VII, section 2 of the state Constitution and by RCW 84.52.052 for operating funds, capital outlay funds, and cumulative reserve funds;

       (2) Issue general obligation bonds, not to exceed an amount, together with any outstanding nonvoter-approved general obligation indebtedness equal to one and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015. An authority may additionally issue general obligation bonds, together with outstanding voter-approved and nonvoter-approved general obligation indebtedness, equal to two and one-half percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined in RCW 39.36.015, when the bonds are approved by three-fifths of the qualified electors of the authority at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. These elections will be held as provided in RCW 39.36.050;

       (3) Issue revenue bonds payable from any revenues other than taxes levied by the authority, and to pledge those revenues for the repayment of the bonds. Proceeds of revenue bonds may only be expended for the costs of public monorail transportation facilities, for financing costs, and for capitalized interest during construction plus six months thereafter. The bonds and warrants will be issued and sold in accordance with chapter 39.46 RCW.

       No bonds issued by an authority are obligations of any city, county, or the state of Washington or any political subdivision thereof other than the authority, and the bonds will so state, unless the legislative authority of any city or county or the legislature expressly authorizes particular bonds to be either guaranteed by or obligations of its respective city or county or of the state.

       NEW SECTION. Sec. 9. (1) Every authority has the power to levy and collect a special excise tax not exceeding two and one-half percent on the value of every motor vehicle owned by a resident of the authority area for the privilege of using a motor vehicle. Before utilization of any excise tax money collected under this section for acquisition of right of way or construction of a public monorail transportation facility on a separate right of way, the authority must adopt rules affording the public an opportunity for corridor public hearings and design public hearings, which provide in detail the procedures necessary for public participation in the following instances: (a) Prior to adoption of location and design plans having a substantial social, economic, or environmental effect upon the locality upon which they are to be constructed; or (b) on the public transportation facilities operating on a separate right of way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules the authority must adhere to the provisions of the administrative procedure act.

       (2) A "corridor public hearing" is a public hearing that: (a) Is held before the authority is committed to a specific route proposal for the public transportation facility, and before a route location is established; (b) is held to afford an opportunity for participation by those interested in the determination of the need for, and the location of, the public transportation facility; and (c) provides a public forum that affords a full opportunity for presenting views on the public transportation facility route location, and the social, economic, and environmental effects on that location and alternate locations. However, the hearing is not deemed to be necessary before adoption of a transportation plan as provided in section 7 of this act or a vote of the qualified electors under subsection (5) of this section.

       (3) A "design public hearing" is a public hearing that: (a) Is held after the location is established but before the design is adopted; (b) is held to afford an opportunity for participation by those interested in the determination of major design features of the public monorail transportation facility; and (c) provides a public forum to afford a full opportunity for presenting views on the public transportation system design, and the social, economic, and environmental effects of that design and alternate designs, including people-mover technology.

       (4) An authority imposing a tax under subsection (1) of this section may also impose a sales and use tax, in addition to any tax authorized by RCW 82.14.030, upon retail car rentals within the city that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax must not exceed 1.944 percent of the base of the tax. The base of the tax will be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax. The revenue collected under this subsection will be distributed in the same manner as sales and use taxes under chapter 82.14 RCW.

       (5) Before any authority may impose any of the taxes authorized under this section, the authorization for imposition of the taxes must be approved by the qualified electors of the authority area.

       NEW SECTION. Sec. 10. (1) Every authority has the power to fix and impose a fee, not to exceed one hundred dollars per vehicle, for each vehicle that is subject to relicensing tab fees under RCW 46.16.0621 and for each vehicle that is subject to RCW 46.16.070 with an unladen weight of six thousand pounds or less, and that is determined by the department of licensing to be registered within the boundaries of the authority area. The department of licensing must provide an exemption from the fee for any vehicle the owner of which demonstrates is not operated within the authority area.

       (2) The department of licensing will administer and collect the fee. The department will deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected, for administration and collection expenses incurred by it. The remaining proceeds will be remitted to the custody of the state treasurer for monthly distribution to the authority.

       (3) The authority imposing this fee will delay the effective date at least six months from the date the fee is approved by the qualified voters of the authority area to allow the department of licensing to implement administration and collection of the fee.

       (4) Before any authority may impose any of the fees authorized under this section, the authorization for imposition of the fees must be approved by a majority of the qualified electors of the authority area voting.

       NEW SECTION. Sec. 11. (1) Every authority has the power to impose annual regular property tax levies in an amount equal to one dollar and fifty cents or less per thousand dollars of assessed value of property in the authority area when specifically authorized to do so by a majority of the voters voting on a proposition submitted at a special election or at the regular election of the authority. A proposition authorizing the tax levies will not be submitted by an authority more than twice in any twelve-month period. Ballot propositions must conform with RCW 29.30.111. The number of years during which the regular levy will be imposed may be limited as specified in the ballot proposition or may be unlimited in duration. In the event an authority is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the limitations provided in RCW 84.52.043 and 84.52.050, exceed these limitations, the authority's property tax levy shall be reduced or eliminated consistent with RCW 84.52.010.

       (2) The limitation in RCW 84.55.010 does not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.

       NEW SECTION. Sec. 12. All taxes and fees levied and collected by an authority must be used solely for the purpose of paying all or any part of the cost of acquiring, designing, constructing, equipping, maintaining, or operating public monorail transportation facilities or contracting for the services thereof, or to pay or secure the payment of all or part of the principal of or interest on any general obligation bonds or revenue bonds issued for authority purposes. Until expended, money accumulated in the funds and accounts of an authority may be invested in the manner authorized by the governing body of the authority, consistent with state law.

       If any of the revenue from any tax or fee authorized to be levied by an authority has been pledged by the authority to secure the payment of any bonds as herein authorized, then as long as that pledge is in effect the legislature will not withdraw from the authority the authorization to levy and collect the tax or fee.

       NEW SECTION. Sec. 13. The special excise tax imposed under section 9(1) of this act will be collected at the same time and in the same manner as relicensing tab fees under RCW 46.16.0621 and section 10 of this act. Every year on January 1st, April 1st, July 1st, and October 1st the department of licensing shall remit special excise taxes collected on behalf of an authority, back to the authority, at no cost to the authority. Valuation of motor vehicles for purposes of the special excise tax imposed under section 9(1) of this act must be consistent with chapter 82.44 RCW.

       Sec. 14. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows: