WHEREAS, Participation in athletics is one of the most effective ways for students in the United States to develop leadership skills, self-discipline, initiative, and confidence; and

      WHEREAS, Sport and fitness activity contributes to emotional and physical well-being, and both males and females can benefit from both strong minds and strong bodies; and

      WHEREAS, The communication, competition, and cooperation skills learned through athletic experience play a key role in the contributions of athletes to the home, workplace, and society; and

      WHEREAS, Early motor skill training and enjoyable experiences of physical activity strongly influence lifelong habits of physical fitness; and

      WHEREAS, Individuals who participate in sports have higher levels of self esteem, less depression, and a reduced risk for disease and other illness; and

      WHEREAS, Girls and women historically have had fewer opportunities to participate in school and professional athletics but have made major gains in participation in recent decades; and

      WHEREAS, Title IX, the federal law prohibiting sex discrimination in schools and colleges receiving federal funds, has aided in increasing the national average number of women's sports from 2.2 to 7.7; and

      WHEREAS, The state of Washington honors the struggle, perseverance, and strength of women who have paved the way for Washington's female athletes; and

      WHEREAS, 66,083 female athletes participate in high school sports in Washington, constituting forty-three percent of the total number of athletes as compared to the national average of women participating in sports in high school which is forty-one percent and

      WHEREAS, High school athletic teams in the state of Washington have achieved many accomplishments that serve as an inspiration to young women to promote the values of teamwork and cooperation. Examples of successful high school teams include: Seattle Prep, winner of the 2002 WIAA State Volleyball Championship; Snohomish High School, winner of the Girls 2002 WIAA State Cross Country Championship; and Mercer Island High School, winner of the 2002 WIAA State Women's Tennis Championship; and

      WHEREAS, Washington colleges and universities have fostered outstanding achievements in women's athletics, including: The University of Washington's Women Crew Team, the winner of three NCAA Division 1 Championships; the naming of Anna Mickelson as NCAA Woman of the Year for her accomplishments on the UW Crew Team; and the naming of Jen Barcus League and State MVP for her accomplishments on the Washington State University Volleyball Team, as well as the Seattle Times State 2A Girls Basketball Player of the Year; and

      WHEREAS, Institutions of higher education continue to produce elite athletes competing with pride, commitment, and passion. The participation of Washington female collegiate athletes is among the highest in the country at forty-eight percent when compared to men. The participation rate of female athletes in community colleges in Washington is forty-six when compared to men. Currently, there are two hundred-fifty female athletes participating at Central Washington University, one hundred-ninety female athletes participating at Eastern Washington University, fifty-six female athletes participating at The Evergreen State College, one hundred ninety-five female athletes participating at Pacific Lutheran University, one hundred twenty-five female athletes participating at Seattle Pacific University, one hundred fifteen female athletes participating at Gonzaga University, one hundred female athletes participating at Seattle University, forty-eight female athletes participating at St. Martin's College, two hundred forty-six female athletes participating at the University of Puget Sound, three hundred twenty-four female athletes participating at the University of Washington, two hundred forty-eight female athletes participating at Washington State University, one hundred eighty-six female athletes participating at Western Washington University, forty-one female athletes participating at Walla Walla College, forty-two female athletes participating at Whitman College, and forty-eight female athletes participating at Whitworth College; and

      WHEREAS, Washington is honored to host the Seattle Storm, a professional women's basketball sports team, and new Head Coach Anne Donovan and the thirteen professional women athletes on the team, who have proven that women's sports do not end at the collegiate level; and

      WHEREAS, Sue Bird, point guard for the Seattle Storm, was named the Seattle P-I's Sports Star of the Year at the Sixty-eighth Annual Awards; and

      WHEREAS, The state of Washington is honored to have Barbara Hedges, Athletic Director at the University of Washington, paving the way for women in athletics administration. Women across the country are underrepresented in leadership positions of coaches, officials, and sports administrators, and there is a demonstrated need for women to serve in these positions to ensure a fair representation of the abilities of women and to provide role models for young female athletes; and

      WHEREAS, The number of funded research projects focusing on the specific needs of female athletes is limited, and the information provided by the projects is imperative to the health and performance of future female athletes;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate celebrate Washington Girls and Women in Sports Day on February 6, 2003, and encourage others to observe the day with appropriate ceremonies and activities.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Amanda Lassitier, Adia Barnes, Seattle Storm Basketball Players, as well as Jillian Markey, Community Relations Assistant for the Seattle Storm. Also introduced and welcomed were Jan Harville, Head Women’s Varsity Crew Coach and Lesle Gallimore, Head Women’s Soccer Coach, from the University of Washington.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the sixth order of business.

SECOND READING

      SENATE BILL NO. 5044, by Senators Rasmussen, Roach, Winsley, Kastama and Schmidt

Giving notice of the termination of a tenancy.

MOTIONS

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5044 was substituted for Senate Bill No. 5044 and the substitute Senate bill was advanced to second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5044 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. 5044.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5044 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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

      SUBSTITUTE SENATE BILL NO. 5044, 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. 5256, by Senators Roach, Doumit, Hale, Kastama, Mulliken, T. Sheldon, Haugen, Hewitt, Stevens, Zarelli, Parlette, Horn, Rossi and Johnson

Revising rule-making procedures.

      The bill was read the second time.

MOTION

      Senator Kastama moved that the following striking amendment by Senators Kastama and Roach be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 34.05.320 and 1995 c 403 s 302 are each amended to read as follows:

       (1) At least twenty days before the rule-making hearing at which the agency receives public comment regarding adoption of a rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the proposal of a rule. The notice shall include all of the following:

       (a) A title, a description of the rule's purpose, and any other information which may be of assistance in identifying the rule or its purpose;

       (b) Citations of the statutory authority for adopting the rule and the specific statute the rule is intended to implement;

       (c) A summary of the rule and a statement of the reasons supporting the proposed action;

       (d) The agency personnel, with their office location and telephone number, who are responsible for the drafting, implementation, and enforcement of the rule;

       (e) The name of the person or organization, whether private, public, or governmental, proposing the rule;

       (f) Agency comments or recommendations, if any, regarding statutory language, implementation, enforcement, and fiscal matters pertaining to the rule;

       (g) Whether the rule is necessary as the result of federal law or federal or state court action, and if so, a copy of such law or court decision shall be attached to the purpose statement;

       (h) When, where, and how persons may present their views on the proposed rule;

       (I) The date on which the agency intends to adopt the rule;

        (j) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would modify existing rules, a short description of the changes the proposal would make;

       (k) A copy of the small business economic impact statement prepared under chapter 19.85 RCW, or an explanation for why the agency did not prepare the statement; ((and))

       (l) A statement indicating whether RCW 34.05.328 applies to the rule adoption; and

       (m) If RCW 34.05.328 does apply, a statement indicating that a copy of the preliminary cost-benefit analysis described in RCW 34.05.328(1)(c) is available.

       (2) Upon filing notice of the proposed rule with the code reviser, the adopting agency shall have copies of the notice on file and available for public inspection and shall forward three copies of the notice to the rules review committee.

       (3) No later than three days after its publication in the state register, the agency shall cause a copy of the notice of proposed rule adoption to be mailed to each person, city, and county that has made a request to the agency for a mailed copy of such notices. An agency may charge for the actual cost of providing a requesting party mailed copies of these notices.

       (4) In addition to the notice required by subsections (1) and (2) of this section, an institution of higher education shall cause the notice to be published in the campus or standard newspaper of the institution at least seven days before the rule-making hearing.

       Sec. 2. RCW 34.05.328 and 1997 c 430 s 1 are each amended to read as follows:

       (1) Before adopting a rule described in subsection (5) of this section, an agency shall:

       (a) Clearly state in detail the general goals and specific objectives of the statute that the rule implements;

       (b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;

       (c) Provide notification in the notice of proposed rule making under RCW 34.05.320 that a preliminary cost-benefit analysis is available. The preliminary cost-benefit analysis must fulfill the requirements of the cost-benefit analysis under (d) of this subsection. If the agency files a supplemental notice under RCW 34.05.340, the supplemental notice shall include notification that a revised preliminary cost-benefit analysis is available. A final cost-benefit analysis shall be available when the rule is adopted under RCW 34.05.360;

       (d) Determine that the probable benefits of the rule are greater than its probable costs, taking into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;

       (((d))) (e) Determine, after considering alternative versions of the rule and the analysis required under (b) ((and)), (c), and (d) of this subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will achieve the general goals and specific objectives stated under (a) of this subsection;

       (((e))) (f) Determine that the rule does not require those to whom it applies to take an action that violates requirements of another federal or state law;

       (((f))) (g) Determine that the rule does not impose more stringent performance requirements on private entities than on public entities unless required to do so by federal or state law;

       (((g))) (h) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the following:

       (I) A state statute that explicitly allows the agency to differ from federal standards; or

       (ii) Substantial evidence that the difference is necessary to achieve the general goals and specific objectives stated under (a) of this subsection; and

       (((h))) (I) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the same activity or subject matter.

       (2) In making its determinations pursuant to subsection (1)(b) through (((g))) (h) of this section, the agency shall place in the rule-making file documentation of sufficient quantity and quality so as to persuade a reasonable person that the determinations are justified.

       (3) Before adopting rules described in subsection (5) of this section, an agency shall place in the rule-making file a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency intends to:

       (a) Implement and enforce the rule, including a description of the resources the agency intends to use;

       (b) Inform and educate affected persons about the rule;

       (c) Promote and assist voluntary compliance; and

       (d) Evaluate whether the rule achieves the purpose for which it was adopted, including, to the maximum extent practicable, the use of interim milestones to assess progress and the use of objectively measurable outcomes.

       (4) After adopting a rule described in subsection (5) of this section regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:

       (a) Provide to the business assistance center a list citing by reference the other federal and state laws that regulate the same activity or subject matter;

       (b) Coordinate implementation and enforcement of the rule with the other federal and state entities regulating the same activity or subject matter by making every effort to do one or more of the following:

       (I) Deferring to the other entity;

       (ii) Designating a lead agency; or

       (iii) Entering into an agreement with the other entities specifying how the agency and entities will coordinate implementation and enforcement.

       If the agency is unable to comply with this subsection (4)(b), the agency shall report to the legislature pursuant to (c) of this subsection;

       (c) Report to the joint administrative rules review committee:

       (I) The existence of any overlap or duplication of other federal or state laws, any differences from federal law, and any known overlap, duplication, or conflict with local laws; and

        (ii) Make recommendations for any legislation that may be necessary to eliminate or mitigate any adverse effects of such overlap, duplication, or difference.

       (5)(a) Except as provided in (b) of this subsection, this section applies to:

       (I) Significant legislative rules of the departments of ecology, labor and industries, health, revenue, social and health services, and natural resources, the employment security department, the forest practices board, the office of the insurance commissioner, and to the legislative rules of the department of fish and wildlife implementing chapter ((75.20)) 77.55 RCW; and

       (ii) Any rule of any agency, if this section is voluntarily made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320.

       (b) This section does not apply to:

       (I) Emergency rules adopted under RCW 34.05.350;

       (ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party;

       (iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule;

       (iv) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect;

       (v) Rules the content of which is explicitly and specifically dictated by statute;

       (vi) Rules that set or adjust fees or rates pursuant to legislative standards; or

       (vii) Rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.

        (c) For purposes of this subsection:

       (I) A "procedural rule" is a rule that adopts, amends, or repeals (A) any procedure, practice, or requirement relating to any agency hearings; (B) any filing or related process requirement for making application to an agency for a license or permit; or (c) any policy statement pertaining to the consistent internal operations of an agency.

       (ii) An "interpretive rule" is a rule, the violation of which does not subject a person to a penalty or sanction, that sets forth the agency's interpretation of statutory provisions it administers.

       (iii) A "significant legislative rule" is a rule other than a procedural or interpretive rule that (A) adopts substantive provisions of law pursuant to delegated legislative authority, the violation of which subjects a violator of such rule to a penalty or sanction; (B) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; or (c) adopts a new, or makes significant amendments to, a policy or regulatory program.

       (d) In the notice of proposed rule making under RCW 34.05.320, an agency shall state whether this section applies to the proposed rule pursuant to (a)(I) of this subsection, or if the agency will apply this section voluntarily.

       (6) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and cities, and business, labor, and environmental organizations, shall report to the governor and the legislature regarding the effects of this section on the regulatory system in this state. The report shall document:

       (a) The rules proposed to which this section applied and to the extent possible, how compliance with this section affected the substance of the rule, if any, that the agency ultimately adopted;

       (b) The costs incurred by state agencies in complying with this section;

       (c) Any legal action maintained based upon the alleged failure of any agency to comply with this section, the costs to the state of such action, and the result;

       (d) The extent to which this section has adversely affected the capacity of agencies to fulfill their legislatively prescribed mission;

        (e) The extent to which this section has improved the acceptability of state rules to those regulated; and

       (f) Any other information considered by the office of financial management to be useful in evaluating the effect of this section.

       Sec. 3. RCW 50.13.060 and 2000 c 134 s 2 are each amended to read as follows:

       (1) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal shall have access to information or records deemed private and confidential under this chapter if the information or records are needed by the agency for official purposes and:

       (a) The agency submits an application in writing to the employment security department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; and

       (b) The director, commissioner, chief executive, or other official of the agency has verified the need for the specific information in writing either on the application or on a separate document; and

       (c) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in a manner which conforms to the civil rules for superior court. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the employment security department to state any objections to the release of the records or information. The employment security department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The employment security department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.

       (2) The requirements of subsections (1) and (9) of this section shall not apply to the state legislative branch. The state legislature shall have access to information or records deemed private and confidential under this chapter, if the legislature or a legislative committee finds that the information or records are necessary and for official purposes. If the employment security department does not make information or records available as provided in this subsection, the legislature may exercise its authority granted by chapter 44.16 RCW.

       (3) In cases of emergency the governmental agency requesting access shall not be required to formally comply with the provisions of subsection (1) of this section at the time of the request if the procedures required by subsection (1) of this section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this chapter. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately.

       (4) The requirements of subsection (1)(c) of this section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws or to the release of employing unit names, addresses, number of employees, and aggregate employer wage data for the purpose of state governmental agencies preparing small business economic impact statements under chapter 19.85 RCW or preparing cost-benefit analyses under RCW 34.05.328(1) (c) and (d). Information provided by the department and held to be private and confidential under state or federal laws must not be misused or released to unauthorized parties. A person who misuses such information or releases such information to unauthorized parties is subject to the sanctions in RCW 50.13.080.

       (5) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied.

       (6) Governmental agencies may have access to certain records and information, limited to employer information possessed by the department for purposes authorized in chapter 50.38 RCW. Access to these records and information is limited to only those individuals conducting authorized statistical analysis, research, and evaluation studies. Only in cases consistent with the purposes of chapter 50.38 RCW are government agencies not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section must be satisfied. Information provided by the department and held to be private and confidential under state or federal laws shall not be misused or released to unauthorized parties subject to the sanctions in RCW 50.13.080.

       (7) Disclosure to governmental agencies of information or records obtained by the employment security department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the employment security department where so required by federal law. When federal law does not apply to the records or information state law shall control.

       (8) The department may provide information for purposes of statistical analysis and evaluation of the WorkFirst program or any successor state welfare program to the department of social and health services, the office of financial management, and other governmental entities with oversight or evaluation responsibilities for the program in accordance with RCW 43.20A.080. The confidential information provided by the department shall remain the property of the department and may be used by the authorized requesting agencies only for statistical analysis, research, and evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. The department of social and health services, the office of financial management, or other governmental entities with oversight or evaluation responsibilities for the program are not required to comply with subsection (1)(c) of this section, but the requirements of the remainder of subsection (1) of this section and applicable federal laws and regulations must be satisfied. The confidential information used for evaluation and analysis of welfare reform supplied to the authorized requesting entities with regard to the WorkFirst program or any successor state welfare program are exempt from public inspection and copying under RCW 42.17.310.

       (9) The disclosure of any records or information by a governmental agency which has obtained the records or information under this section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information were obtained.

        (10) In conducting periodic salary or fringe benefit studies pursuant to law, the department of personnel shall have access to records of the employment security department as may be required for such studies. For such purposes, the requirements of subsection (1)(c) of this section need not apply.

       (11)(a) To promote the reemployment of job seekers, the commissioner may enter into data-sharing contracts with partners of the one-stop career development system. The contracts shall provide for the transfer of data only to the extent that the transfer is necessary for the efficient provisions of work force programs, including but not limited to public labor exchange, unemployment insurance, worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services. The transfer of information under contracts with one-stop partners is exempt from subsection (1)(c) of this section.

       (b) An individual who applies for services from the department and whose information will be shared under (a) of this subsection (11) must be notified that his or her private and confidential information in the department's records will be shared among the one-stop partners to facilitate the delivery of one-stop services to the individual. The notice must advise the individual that he or she may request that private and confidential information not be shared among the one-stop partners and the department must honor the request. In addition, the notice must:

       (I) Advise the individual that if he or she requests that private and confidential information not be shared among one-stop partners, the request will in no way affect eligibility for services;

       (ii) Describe the nature of the information to be shared, the general use of the information by one-stop partner representatives, and among whom the information will be shared;

       (iii) Inform the individual that shared information will be used only for the purpose of delivering one-stop services and that further disclosure of the information is prohibited under contract and is not subject to disclosure under RCW 42.17.310; and

       (iv) Be provided in English and an alternative language selected by the one-stop center or job service center as appropriate for the community where the center is located.

        If the notice is provided in-person, the individual who does not want private and confidential information shared among the one-stop partners must immediately advise the one-stop partner representative of that decision. The notice must be provided to an individual who applies for services telephonically, electronically, or by mail, in a suitable format and within a reasonable time after applying for services, which shall be no later than ten working days from the department's receipt of the application for services. A one-stop representative must be available to answer specific questions regarding the nature, extent, and purpose for which the information may be shared.

       (12) To facilitate improved operation and evaluation of state programs, the commissioner may enter into data-sharing contracts with other state agencies only to the extent that such transfer is necessary for the efficient operation or evaluation of outcomes for those programs. The transfer of information by contract under this subsection is exempt from subsection (1)(c) of this section.

       (13) The misuse or unauthorized release of records or information by any person or organization to which access is permitted by this chapter subjects the person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the employment security department administrative contingency fund. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Roach to Engrossed Senate Bill No. 5256.

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

MOTIONS

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

       On line 1 of the title, after "procedures;" strike the remainder of the title and insert "and amending RCW 34.05.320, 34.05.328, and 50.13.060."

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5256 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. 5256.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5256 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.

       Voting nay: Senator Thibaudeau - 1

      ENGROSSED SENATE BILL NO. 5256, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SENATE BILL NO. 5257, by Senators Roach, Doumit, Hale, Mulliken, T. Sheldon, Hewitt, Stevens, Parlette, Horn, Rossi, Benton, Johnson, Rasmussen and Esser

Requiring gubernatorial approval of all agency rules.

      The bill was read the third time.

MOTION

       Senator Kastama moved that the following striking amendment by Senators Kastama and Roach be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 34.05.360 and 1988 c 288 s 311 are each amended to read as follows:

       The order of adoption by which each rule is adopted by an agency shall contain all of the following:

       (1) If the head of the agency is appointed by the governor, then the signature of the governor is required for significant legislative rules;       (2) The date the agency adopted the rule

       (((2))) (3) A concise statement of the purpose of the rule;

       (((3))) (4) A reference to all rules repealed, amended, or suspended by the rule;

       (((4))) (5) A reference to the specific statutory or other authority authorizing adoption of the rule;

       (((5))) (6) Any findings required by any provision of law as a precondition to adoption or effectiveness of the rule; and

       (((6))) (7) The effective date of the rule if other than that specified in RCW 34.05.380(2)."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Roach to Senate Bill No. 5257.

      The motion by Senator Kastama carried and the striking amendment was adopted:

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5257 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      Senator Horn: “Senator Roach, I notice that we’ve had testimony from the Governor’s Office that this would mean the end of hunting and fishing as we know it. Now, I know that the Senator from the Twenty-sixth District is always into something if it affects hunting and fishing and I see him very, very relaxed down there in the front row. Could you tell me how this bill would end hunting and fishing as we know it?”

      Senator Roach: “Well, I thought you were going to ask the Senator from the Forty-fifth District how the Senator from the Twenty-sixth District thinks--and I couldn’t do it--I can’t answer that. Your question did regard Fish and Wildlife. That is the way the bill originally was--the way the bill was originally put together. The Governor would be signing for each one. I suppose if you were testifying against the bill as it was originally constructed, they would not want to have the Governor deciding what happens to Fish and Wildlife. So, obviously, the opponent of that bill at that time was worried that the Governor, himself, would be hacking up the Fish and Wildlife and nothing left for all of us. I don’t know. As it turns out, the Fish and Wildlife and any other that is headed by a commission will not be affected by this.

      “Other statewide elected officials--Secretary of State, the Auditor, Treasurer and so forth--will not have their rules reviewed by the Governor, because they are separate in their elected offices. Any rule that is promulgated through a commission process is not included--only those that are through departments headed by the Governor--Gubernatorial Appointees, which in this case would be a vast array. We are certainly doing a lot here. Thank you.”

      Senator Horn: “Thank you, Senator Roach, for sharing the Senator from the Twenty-sixth District and my self that hunting and fishing would continue as we know it today.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5257.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5257 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 41.

     Voting nay: Senators Fairley, Franklin, Jacobsen, Kline, McAuliffe, Prentice, Spanel and Thibaudeau - 8.

      ENGROSSED SENATE BILL NO. 5257, 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. 5255, by Senators Roach, Hale, Stevens, Mulliken, T. Sheldon, Hewitt, Parlette, Horn, Rossi, Benton, Schmidt, Johnson and Esser

Limiting the rule-making authority of certain entities to those instances where there is a specific grant of legislative authority.

      The bill was read the second time.

MOTION

      Senator Hargrove moved that the following amendment be adopted:

       On page 1, after line 10 insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.06 RCW to read as follows:

       Upon issuance of a proclamation of an emergency by the governor as authorized by RCW 43.06.210, nothing in sections 2 through 36 of this act shall prohibit an agency from adopting emergency rules to address circumstances affecting life, health, property or the public peace addressed in the emergency proclamation."

       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 Hargrove on page 1, after line 10, to Senate Bill No. 5255.

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

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5255 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 16.

      ENGROSSED SENATE BILL NO. 5255, 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 McCaslin: “A point of personal privilege, Mr. President. I have the dubious honor of listening for freshman making their first speech. I wish I had a film of this back here. Several of you held up the wrong finger. Now, I want to point out that Senator Schmidt passed out lotto tickets. It took me two days to figure that I had lost, so we don’t need lotto tickets. The fish was excellent! Let’s see who else passed out something. Anyway, Senator Brandland talked twice as much as the two freshmen Democrats. I think he should give us twice as much as they gave him. Most of the preference in this body is food--as you can tell--we enjoy eating and speaking. I have to be careful because I understand he still has his equipment from his old job as sheriff and he is taller than I am and younger and heavier and probably a better fighter. I would appreciate and so would the others of having something eatable, delicious, so we don’t have to have salt or pepper or spices. Can you handle that Senator Brandland? There is no need to respond, you made your speech.”

PERSONAL PRIVILEGE

      Senator Brandland: “A point of personal privilege, Mr. President. I am not sure how to respond to that, Mr. President, but I do come prepared for a response. I know that in the past, some of you have done your best to supply Senator McCaslin and the rest of the group with food and other delicacies. I know that Senator Parlette brought cherries. I have to tell you that I am afraid that I tend to go the other direction. I was thinking more in the line of a six pack, but what I came up with was a six pack of toilet paper. Now, I would like you to know that this is not a reflection on the regulatory bills that we passed here today. I would also appreciate, if you do not need to comment on how you use this or whether you enjoyed it. I would like you to know that the Georgia Pacific Corporation–I went to a great deal of effort to get seven cases of these up here. I will be making sure that each one of you is given one of these.

      “Now, it also came to my attention that Senator Hargrove–he actually brought it up today--because early in my campaign I was told that when I go to Olympia I might not be the brightest bulb in the room. I don’t know if you are aware of it, but my wife owns the nicest lighting store in Western Washington. So, naturally, I assumed what I would need would be light bulbs. I was assuming that some of you might have dim bulbs, as well, and so I will have a package of light bulbs delivered to each of you, as well. Thank you very much.”

      Senator Deccio asked Senator Brandland to yield to a question, but the Senator declined.

MOTION

      At 11:53 a.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Wednesday, February 12, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate