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SIXTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 17, 2003

The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown and Poulsen. On motion of Senator Eide, Senators Brown and Poulsen were excused.

The Sergeant at Arms Color Guard, consisting of Pages Skylar Deffinbaugh and Kelly Gates, presented the Colors. George Tsukamoto, Stake President for the Church of Jesus Christ, LDS, in Olympia, offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

March 14, 2003

MR. PRESIDENT:

The House has passed the following bills:

SUBSTITUTE HOUSE BILL NO. 1041,

SUBSTITUTE HOUSE BILL NO. 1129,

HOUSE BILL NO. 1133,

SUBSTITUTE HOUSE BILL NO. 1271,

SUBSTITUTE HOUSE BILL NO. 2172,

HOUSE BILL NO. 2186,

HOUSE BILL NO. 2199,

HOUSE JOINT MEMORIAL NO. 4021, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 14, 2003

MR. PRESIDENT:

The House has passed the following bills:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1164,

SUBSTITUTE HOUSE BILL NO. 1278,

SUBSTITUTE HOUSE BILL NO. 1495,

SUBSTITUTE HOUSE BILL NO. 1608,

SUBSTITUTE HOUSE BILL NO. 1634,

SUBSTITUTE HOUSE BILL NO. 1655,

HOUSE BILL NO. 1670,

SUBSTITUTE HOUSE BILL NO. 1724,

SECOND SUBSTITUTE HOUSE BILL NO. 1784,

SUBSTITUTE HOUSE BILL NO. 1788,

SUBSTITUTE HOUSE BILL NO. 1813,

SUBSTITUTE HOUSE BILL NO. 1824,

SUBSTITUTE HOUSE BILL NO. 1826,

SUBSTITUTE HOUSE BILL NO. 1849,

SUBSTITUTE HOUSE BILL NO. 1855,

HOUSE BILL NO. 1858,

SUBSTITUTE HOUSE BILL NO. 1872, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 14, 2003

MR. PRESIDENT:

The House has passed the following bills:

HOUSE BILL NO. 1483,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1524,

HOUSE BILL NO. 1576,

HOUSE BILL NO. 1631,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1660,

SUBSTITUTE HOUSE BILL NO. 1734,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1787,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1843,

SUBSTITUTE HOUSE BILL NO. 1909,

SECOND SUBSTITUTE HOUSE BILL NO. 1913,

SUBSTITUTE HOUSE BILL NO. 1943,

HOUSE BILL NO. 1972,

SECOND SUBSTITUTE HOUSE BILL NO. 1973,

HOUSE BILL NO. 2001,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2114,

SUBSTITUTE HOUSE BILL NO. 2196, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 14, 2003

MR. PRESIDENT:

The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4404, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 15, 2003

MR. PRESIDENT:

The House has passed the following bills:

SECOND SUBSTITUTE HOUSE BILL NO. 1003,

SECOND SUBSTITUTE HOUSE BILL NO. 1223,

HOUSE BILL NO. 1481,

HOUSE BILL NO. 1492,

HOUSE BILL NO. 1497,

HOUSE BILL NO. 1503,

SUBSTITUTE HOUSE BILL NO. 1512,

HOUSE BILL NO. 1526,

ENGROSSED HOUSE BILL NO. 1561,

HOUSE BILL NO. 1579,

HOUSE BILL NO. 1584,

HOUSE BILL NO. 1677,

SECOND SUBSTITUTE HOUSE BILL NO. 1698,

SUBSTITUTE HOUSE BILL NO. 1722,

SECOND SUBSTITUTE HOUSE BILL NO. 1725,

ENGROSSED HOUSE BILL NO. 1808,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1845,

ENGROSSED HOUSE BILL NO. 2045, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 15, 2003

MR. PRESIDENT:

The Speaker has signed ENGROSSED HOUSE BILL NO. 1977, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

March 15, 2003

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 5044, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED HOUSE BILL NO. 1977.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5044.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1003 by House Committee on Appropriations (originally sponsored by Representatives Morris, Linville, Wood, Anderson, O'Brien and Sullivan)

Creating the research and technology transfer commission.

Referred to Committee on Technology and Communications.

SHB 1041 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Kagi, Conway, Chase, Kirby, Dickerson, Kenney, Campbell, Talcott, Skinner and Jarrett)

Authorizing mental health advance directives.

Referred to Committee on Children and Family Services and Corrections.

SHB 1129 by House Committee on State Government (originally sponsored by Representatives Sommers, Haigh, Armstrong, McDermott, Benson, Wallace, Veloria, Hunt, Kenney, Schual-Berke, Fromhold, Wood, Rockefeller, Cody and O'Brien)

Allowing public officials to provide information on the impact of ballot propositions.

Referred to Committee on Government Operations and Elections.

HB 1133 by Representatives Carrell, Cairnes, Kristiansen, Hinkle, McMahan and Mielke

Requiring county assessors to submit an annual property tax report to the department of revenue.

Referred to Committee on Government Operations and Elections.

ESHB 1164 by House Committee on Health Care (originally sponsored by Representatives Kessler, Pflug, Ruderman, Alexander, Cody, Moeller, Campbell, Clibborn, Morrell, Armstrong, Clements, Delvin, McDonald, Berkey, Haigh, Kenney, Hankins, Conway, Rockefeller, Simpson, Chase and McMahan)

Authorizing optometrists to use and prescribe approved drugs for diagnostic or therapeutic purposes without limitation upon the methods of delivery in the practice of optometry.

Referred to Committee on Health and Long-Term Care.

2SHB 1223 by House Committee on Appropriations (originally sponsored by Representatives Dickerson, Kagi, Chase, Cody and Lovick)

Placing jurisdiction over deceased minors with the county coroner.

Referred to Committee on Government Operations and Elections.

SHB 1271 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Anderson, Morris and Wood)

Enhancing interoperability of emergency communications.

Referred to Committee on Technology and Communications.

SHB 1278 by House Committee on Finance (originally sponsored by Representatives Conway, Cairnes, Kirby and Bush)

Listing property for tax purposes.

Referred to Committee on Government Operations and Elections.

HB 1481 by Representatives Sullivan, Ericksen and Veloria (by request of Department of Transportation)

Modifying relocation assistance provisions.

Referred to Committee on Highways and Transportation.

HB 1483 by Representatives Lantz and Campbell

Allowing judicial members on the board of industrial insurance appeals.

Referred to Committee on Commerce and Trade.

HB 1492 by Representatives Conway, Campbell, Cody, Skinner, Darneille, Sehlin and Kenney

Including nonprofits in the small business economic impact statement requirement.

Referred to Committee on Commerce and Trade.

SHB 1495 by House Committee on Commerce and Labor (originally sponsored by Representatives Hudgins, Chandler, Conway and Kenney) (by request of Liquor Control Board))

Changing provisions relating to the summary suspension of a liquor license pending revocation proceedings.

Referred to Committee on Commerce and Trade.

HB 1497 by Representatives O'Brien, Delvin, Mielke, Ruderman, Haigh, Ahern, Anderson, Lovick, Kagi and Kenney

Reorganizing criminal statutes within the RCW.

Referred to Committee on Judiciary.

HB 1503 by Representatives Miloscia, O'Brien, Haigh, Lantz, Lovick, Moeller, Upthegrove and Anderson

Encouraging the office of the administrator for the courts to conduct performance audits.

Referred to Committee on Judiciary.

SHB 1512 by House Committee on Fisheries, Ecology and Parks (originally sponsored by Representatives Cox, Fromhold, Sump, Schoesler, Hatfield, Ahern, Clements and Armstrong)

Allowing special hunts to reduce crop damage caused by wildlife.

Referred to Committee on Parks, Fish and Wildlife.

ESHB 1524 by House Committee on Local Government (originally sponsored by Representatives Schindler, Romero, Crouse, Mielke, Cox, O'Brien, Benson, Berkey, Ericksen, Jarrett, Ahern and Rockefeller)

Restricting utility assessments and charges for certain mobile home parks.

Referred to Committee on Financial Services, Insurance and Housing.

HB 1526 by Representatives Linville, Armstrong, Haigh, Morris, Cooper, Mastin, Gombosky, Delvin, Grant, Schoesler, Sullivan, Chandler and Schual-Berke

Revising provisions relating to cost-reimbursement agreements between state agencies and permit applicants.

Referred to Committee on Natural Resources, Energy and Water.

EHB 1561 by Representatives Orcutt, Kagi, Pettigrew and Boldt (by request of Department of Social and Health Services)

Eliminating certain department of social and health services' reporting requirements.

Referred to Committee on Children and Family Services and Corrections.

HB 1576 by Representatives Campbell, Kirby, Newhouse and Moeller

Revising provisions relating to dismissal of citations for failure to provide proof of insurance.

Referred to Committee on Judiciary.

HB 1579 by Representatives O'Brien, Delvin, Kagi, Mastin, Sullivan and Wood

Decriminalizing "fine only" criminal statutes.

Referred to Committee on Judiciary.

HB 1584 by Representatives Lantz, Carrell, Flannigan and Campbell (by request of Administrative Office of the Courts)

Changing provisions relating to the administrative office of the courts.

Referred to Committee on Judiciary.

SHB 1608 by House Committee on Local Government (originally sponsored by Representatives Upthegrove, Schindler, Berkey, Mielke, Tom, Ericksen, Romero, Jarrett, Edwards, Linville and Anderson)

Concerning the accommodation of housing and employment growth under local comprehensive plans.

Referred to Committee on Land Use and Planning.

HB 1631 by Representatives McCoy, Cooper, Conway, Romero, Lovick, Simpson and Kenney

Regulating fire protection sprinkler system contractors.

Referred to Committee on Commerce and Trade.

SHB 1634 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Chandler, Kenney, Berkey, Wood, Holmquist, Crouse, Tom, Edwards and Rockefeller)

Changing the residential property seller disclosure statement.

Referred to Committee on Financial Services, Insurance and Housing.

SHB 1655 by House Committee on Transportation (originally sponsored by Representatives Clibborn, Ericksen, Murray, Cooper, Morrell, Simpson, Armstrong, Rockefeller, Jarrett, Schindler, Mielke, Anderson, Wallace, Nixon, Shabro and Schual-Berke)

Providing for determination of disability for special parking privileges by advanced registered nurse practitioners.

Referred to Committee on Health and Long-Term Care.

ESHB 1660 by House Committee on State Government (originally sponsored by Representatives McDermott, Armstrong and Dickerson)

Increasing accountability of ballot measure petitions.

Referred to Committee on Government Operations and Elections.

HB 1670 by Representatives McDermott, Armstrong, Sommers, Haigh, Kessler, Nixon, Hatfield, Wood, Hunt, Tom, Wallace and Shabro

Adjusting the definition of "election cycle."

Referred to Committee on Government Operations and Elections.

HB 1677 by Representatives Shabro, Newhouse, Bailey, Roach, Bush, Boldt, Chandler, Linville, Quall and McDermott

Authorizing a county to exempt certain property used in agriculture from taxation.

Referred to Committee on Agriculture.

2SHB 1698 by House Committee on Capital Budget (originally sponsored by Representatives Cooper, Anderson, Wood, Jarrett, O'Brien, Murray, Upthegrove, Pflug and Dunshee)

Concerning the distribution and use of funds provided to off-road vehicle and nonhighway road recreational activities.

Referred to Committee on Parks, Fish and Wildlife.

SHB 1722 by House Committee on Finance (originally sponsored by Representatives Gombosky and Cairnes)

Limiting the taxability of certain internet transactions.

Referred to Committee on Technology and Communications.

SHB 1724 by House Committee on Children and Family Services (originally sponsored by Representatives Cody, Dickerson, Pflug, Skinner, Hunt, Alexander and Kenney) (by request of Department of Services for the Blind)

Conforming the department of services for the blind provisions with federal law.

Referred to Committee on Government Operations and Elections.

2SHB 1725 by House Committee on Appropriations (originally sponsored by Representatives Cooper and Upthegrove)

Concerning the cost of a catch record card.

Referred to Committee on Parks, Fish and Wildlife.

SHB 1734 by House Committee on Local Government (originally sponsored by Representatives Romero, Hinkle, Moeller, Delvin, Grant, Jarrett and Flannigan) ( by request of Department of Community, Trade, and Economic Development)

Updating the state building code.

Referred to Committee on Land Use and Planning.

2SHB 1784 by House Committee on Appropriations (originally sponsored by Representatives Darneille, Upthegrove, Chase, Linville, Wallace, Kagi, Kessler, Kenney, Schual-Berke, Wood, Dickerson, Santos, Simpson and Morrell)

Improving coordination of services for children's mental health.

Referred to Committee on Children and Family Services and Corrections.

ESHB 1787 by House Committee on Children and Family Services (originally sponsored by Representatives Pettigrew, Boldt, Moeller, Miloscia, Jarrett, Priest, Dickerson and Santos)

Establishing a 211 network.

Referred to Committee on Children and Family Services and Corrections.

SHB 1788 by House Committee on State Government (originally sponsored by Representatives Miloscia, Armstrong and Haigh)

Regulating job order contracting for public works.

Referred to Committee on Government Operations and Elections.

EHB 1808 by Representatives Kenney, Cox, Fromhold, Priest, Berkey, Jarrett, Gombosky, Morrell, Chase, McCoy and Lantz

Requiring standards of review before changing lines of instruction at research universities.

Referred to Committee on Higher Education.

SHB 1813 by House Committee on State Government (originally sponsored by Representatives Miloscia, Boldt, Linville, Edwards, Romero, Cody, McDermott, Haigh, Hunt, Moeller, Ruderman, Santos, Rockefeller, Simpson, Conway, Wood and Kenney)

Expanding employment opportunities for people with disabilities.

Referred to Committee on Government Operations and Elections.

SHB 1824 by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Pettigrew, Miloscia, Kagi, Darneille and Schual-Berke)

Requiring development of criteria for research-based treatment programs for juveniles.

Referred to Committee on Children and Family Services and Corrections.

SHB 1826 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Veloria, McMahan, O'Brien, Kenney, Boldt, Mielke, Santos, Hudgins, Upthegrove, Simpson and Conway)

Including trafficking in persons in the criminal profiteering law.

Referred to Committee on Judiciary.

ESHB 1843 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson, Schual-Berke, Moeller, Bush, Simpson, Mielke and Rockefeller)

Prohibiting manufacture or sale of fraudulent or stolen drivers' licenses and identicards.

Referred to Committee on Financial Services, Insurance and Housing.

ESHB 1845 by House Committee on State Government (originally sponsored by Representatives Newhouse, Schual-Berke, Benson, Kirby, Linville, Moeller, Chase, Bush, Upthegrove, Veloria, McIntire, Skinner, Mielke and Rockefeller)

Exempting bank account, social security, and credit card numbers from public disclosure.

Referred to Committee on Financial Services, Insurance and Housing.

SHB 1849 by House Committee on Health Care (originally sponsored by Representatives Bailey, Cody, Pflug, Morris, Skinner, McDonald, Ruderman, Pearson, Ahern, Schindler, Kagi, Kristiansen, Morrell, Orcutt, Darneille, Benson, Wood, Pettigrew, Newhouse, Clements, O'Brien, Linville, Moeller, Chase, Tom, Alexander, Talcott, Rockefeller, Woods and Anderson)

Creating a list of health care providers willing to serve as volunteer resources during an emergency or disaster.

Referred to Committee on Health and Long-Term Care.

SHB 1855 by House Committee on Children and Family Services (originally sponsored by Representatives Dickerson, Campbell, McDermott and Skinner)

Clarifying licensed independent clinical social worker education and experience requirements.

Referred to Committee on Children and Family Services and Corrections.

HB 1858 by Representatives Morris, McIntire, Gombosky, Cairnes, Roach and Shabro

Regarding taxation of persons providing chemical dependency services.

Referred to Committee on Health and Long-Term Care.

SHB 1872 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Blake, Veloria, Chase, Santos and Hatfield)

Providing for linked deposit loans for assistive technology.

Referred to Committee on Financial Services, Insurance and Housing.

SHB 1909 by House Committee on Higher Education (originally sponsored by Representatives Jarrett, Kenney, Cox, Fromhold, Chase, Berkey, Pearson, McCoy, Gombosky, Lantz, Clements, Talcott, Buck, Rockefeller, Pflug, Moeller, Priest, Edwards and Santos)

Creating a pilot project for competency-based transfer in higher education.

Referred to Committee on Higher Education.

2SHB 1913 by House Committee on Appropriations (originally sponsored by Representatives Darneille, Mastin, Schual-Berke, Campbell, Cody, Moeller, Grant, Edwards and Santos)

Granting authority to address concerns with lead-based paint activities.

Referred to Committee on Natural Resources, Energy and Water.

SHB 1943 by House Committee on Finance (originally sponsored by Representatives McIntire, Delvin, Conway, Gombosky, Armstrong, Clements, Edwards and Kenney)

Modifying cigarette regulatory provisions.

Referred to Committee on Commerce and Trade.

HB 1972 by Representative Hatfield

Making a commercial fish seller's failure to account for commercial harvest a misdemeanor.

Referred to Committee on Parks, Fish and Wildlife.

2SHB 1973 by House Committee on Appropriations (originally sponsored by Representatives Veloria, McCoy and Kenney)

Promoting tourism.

Referred to Committee on Economic Development.

HB 2001 by Representatives Murray, Skinner and Hudgins

Providing property tax exemptions for nonprofit organizations supporting artists.

Referred to Committee on Ways and Means.

EHB 2045 by Representatives Haigh, Armstrong and Miloscia

Establishing a work group to evaluate creating a centralized identification number system.

Referred to Committee on Technology and Communications.

ESHB 2114 by House Committee on Children and Family Services (originally sponsored by Representatives Kagi and Dickerson)

Establishing a family preservation and intervention services legislative task force.

Referred to Committee on Children and Family Services and Corrections.

SHB 2172 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Sullivan, Morris, Benson, Rockefeller, Wood and Hudgins)

Promoting the purchase of fuel cells for the use of distributive generation at state-owned facilities.

Referred to Committee on Natural Resources, Energy and Water.

HB 2186 by Representatives Fromhold, Armstrong and Sommers

Making an irrevocable choice to waive rights to the defined benefit under the plan 3 retirement systems.

Referred to Committee on Ways and Means.

SHB 2196 by House Committee on Appropriations (originally sponsored by Representatives Sommers and Fromhold) (by request of Office of Financial Management)

Revising and reporting on state agency allotments.

Referred to Committee on Ways and Means.

HB 2199 by Representative Morris

Concerning telecommunications.

Referred to Committee on Technology and Communications.

HJM 4021 by Representatives Wallace, Crouse, Morris, Condotta, Lovick, Kessler, Darneille, Berkey, Hatfield, Hudgins, Moeller and Blake

Requesting that the Bonneville Power Administration not raise rates.

Referred to Committee on Natural Resources, Energy and Water.

HCR 4404 by Representatives McDermott, Tom, Quall, Talcott and Hunt

Creating a joint select committee to examine the K-12 governance structure.

Referred to Committee on Education.

PERSONAL PRIVILEGE

Senator Hale: “A point of personal privilege, Mr. President. Good morning, Lads and Lassies of the Senate. It is my pleasure to wish you all a Happy St. Paddie’s Day. As a granddaughter of Mattie O’Neil, I feel very strongly about this day, as does my colleague, the Senator from Ireland there. Mr. President, you were not here yesterday when the President Pro Tempore directed a number of us to deliver something green to the body. I have the privilege to do that today. So, I say to the Sons of the Sod--I like that--and the lovely ladies of the Senate, Happy St. Patrick’s Day.”

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Esser, Gubernatorial Appointment No. 9082, Don Mukai, as a member of the Board of Trustees for Lake Washington Technical College District No. 26, was confirmed

APPOINTMENT OF DON MUKAI

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brandland, 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, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Brown and Poulsen - 2.

PERSONAL PRIVILEGE

Senator Deccio: “A point of personal privilege, Mr. President. Every year, on St. Patrick’s Day--so called--I have to straighten everybody out on the truth. It seems the Irish were having trouble driving all the snakes out of Ireland. I don’t know why; maybe they were confused. Sann Patriciao, an Italian Bishop, moved north to Ireland and because the Irish were so discriminating, he had to change his name to St. Patrick. He is really the one who did the job, so next year we are going to have green spaghetti.”

POINT OF INQUIRY

Senator Hale: “Senator Deccio, is it true that those snakes went to Italy?”

Senator Deccio: “They left and came back again.”

MOTION

On motion of Senator Carlson, Gubernatorial Appointment No. 9083, Erin Mundinger, as a member of the State Board for Community and Technical Colleges, was confirmed.

APPOINTMENT OF ERIN MUNDINGER

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Brown and Poulsen - 2.

PERSONAL PRIVILEGE

Senator Spanel: “A point of personal privilege, Mr. President. I would ask for a moment of silence for Rachel Corrie, the Evergreen State College student, who was killed in Gaza over the weekend. Her brother-in-law is Kelly Simpson on the Highways and Transportation Committee staff, and her family is known by many of our staff. So, I would just ask for a moment of silence.”

MOMENT OF SILENCE

The members of the Senate stood for a moment of silence in memory of Rachel Corrie.

SECOND READING

SENATE BILL NO. 5828, by Senators Sheahan, Keiser, Regala, Kastama, Thibaudeau, Hale, Fraser and Winsley

Requiring information on meningitis immunization for college students.

MOTIONS

On motion of Senator Sheahan, Substitute Senate Bill No. 5828 was substituted for Senate Bill No. 5828 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sheahan, the rules were suspended, Substitute Senate Bill No. 5828 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. 5828.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5828 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Brown and Poulsen - 2.

SUBSTITUTE SENATE BILL NO. 5828, 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 Shin: “A point of personal privilege, Mr. President. Last night, the Madam President Pro Tempore asked us two O’Shins to come prepared for an Irish Day Festivity today. O’Shin, I presume to be referring to my younger brother over there and myself. I am an Irish man made in Korea, recycled in the United States, so instead I decided to celebrate this today. This is the USS O’Brien--let me give you a little history lesson on the commemoration of the bicentennial anniversary in United States History. This is a US Naval ship named, O’Brien, DD 975, in honor of Jeremiah O’Brien, who was born in 1744 and died in 1818--an American Irishman from Maine, who led the first naval battle in the American Revolutionary War on June 12, 1775. It is fitting that we honor him today.

“Also, I don’t know if you folks saw this TV program or not--in 1985--President Ronald Reagan of the United States, Canadian Prime Minister, Brian Mulroney--those two stood between the US and Canada Border, shaking hands and they sang together ‘When Irish Eyes are Smiling.’ That brought tears to my eyes. President Reagan said, ‘In the nineteenth century, we were almost slaves, we were a British Colony. Today, we stand as leaders of two great nations, singing ‘When Irish Eyes are Smiling.’ I though this was fitting for American history.”

SECOND READING

SENATE BILL NO. 5692, by Senators Carlson, Hargrove, Esser, Parlette, Kohl-Welles, McAuliffe and Rasmussen

Establishing a 211 network.

MOTIONS

On motion of Senator Carlson, Substitute Senate Bill No. 5692 was substituted for Senate Bill No. 5692 and the substitute bill was placed on second read and read the second time

On motion of Senator Carlson, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. FINDINGS. The legislature finds that the implementation of a single easy to use telephone number, 211, for public access to information and referral for health and human services and information about access to services after a natural or nonnatural disaster will benefit the citizens of the state of Washington by providing easier access to available health and human services, by reducing inefficiencies in connecting people with the desired service providers, and by reducing duplication of efforts. The legislature further finds in a time of reduced resources for providing health and human services that establishing a cost-effective means to continue to provide information to the public about available services is important. The legislature further finds that an integrated statewide system of local information and referral service providers will build upon an already existing network of experienced service providers without the necessity of creating a new agency, department, or system to provide 211 services. The legislature further finds that no funds should be appropriated by the legislature to a 211 system under this act without receiving documentation that a 211 system will provide savings to the state.

NEW SECTION. Sec. 2. 211 SYSTEM. 211 is created as the official state dialing code for public access to information and referral for health and human services and information about access to services after a natural or nonnatural disaster.

NEW SECTION. Sec. 3. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of social and health services.

(2) "WIN 211" means the Washington information network 211, a 501(c)(3) corporation incorporated in the state of Washington.

(3) "Approved 211 service provider" means a public or nonprofit agency or organization designated by WIN 211 to provide 211 services.

(4) "211 service area" means an area of the state of Washington identified by WIN 211 as an area in which an approved 211 service provider will provide 211 services.

(5) "211" means the abbreviated dialing code assigned by the federal communications commission on July 21, 2000, for consumer access to community information and referral services.

NEW SECTION. Sec. 4. NEW INFORMATION SERVICES. Before a state agency or department that provides health and human services establishes a new public information telephone line or hotline, the state agency or department shall consult with WIN 211 about using the 211 system to provide public access to the information.

NEW SECTION. Sec. 5. 211 SERVICES. Only a service provider approved by WIN 211 may provide 211 telephone services. WIN 211 shall approve 211 service providers, after considering the following:

(1) The ability of the proposed 211 service provider to meet the national 211 standards recommended by the alliance of information and referral systems and adopted by the national 211 collaborative on May 5, 2000;

(2) The financial stability and health of the proposed 211 service provider;

(3) The community support for the proposed 211 service provider;

(4) The relationships with other information and referral services; and

(5) Such other criteria as WIN 211 deems appropriate.

NEW SECTION. Sec. 6. 211 ACCOUNT. The 211 account is created in the state treasury. Moneys in the account may be spent only after appropriation. The 211 account shall include any funding for this purpose appropriated by the legislature, private contributions, and all other sources. Expenditures from the 211 account shall be used only for the implementation and support of the 211 system.

NEW SECTION. Sec. 7. USE OF MONEYS FOR PROJECTS AND ACTIVITIES IN SUPPORT OF 211--ELIGIBLE ACTIVITIES. (1) WIN 211 shall study, design, implement, and support a statewide 211 system.

(2) Activities eligible for assistance from the 211 account include, but are not limited to:

(a) Creating a structure for a statewide 211 resources data base that will meet the alliance for information and referral systems standards for information and referral systems data bases and that will be integrated with local resources data bases maintained by approved 211 service providers;

(b) Developing a statewide resources data base for the 211 system;

(c) Maintaining public information available from state agencies, departments, and programs that provide health and human services for access by 211 service providers;

(d) Providing grants to approved 211 service providers for the design, development, and implementation of 211 for its 211 service area;

(e) Providing grants to approved 211 service providers to enable 211 service providers to provide 211 service on an ongoing basis; and

(f) Providing grants to approved 211 service providers to enable the provision of 211 services on a twenty-four-hour per day seven-day a week basis.

NEW SECTION. Sec. 8. REPORTING. WIN 211 shall provide an annual report to the legislature and the department beginning July 1, 2004.

NEW SECTION. Sec. 9. CAPTIONS NOT LAW. Captions used in this chapter are not part of the law.

NEW SECTION. Sec. 10. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 11. EFFECTIVE DATE. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003.

NEW SECTION. Sec. 12. Sections 1 through 11 of this act constitute a new chapter in Title 43 RCW."

MOTIONS

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

On page 1, line 2 of the title, after "referral;" strike the remainder of the title and insert "adding a new chapter to Title 43 RCW; providing an effective date; and declaring an emergency."

On motion of Senator Carlson, the rules were suspended, Engrossed Substitute Senate Bill No. 5692 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. 5692.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5692 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Voting nay: Senators Finkbeiner, Honeyford and Parlette - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5692, 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. 5062, by Senators Doumit, Oke, Jacobsen, Winsley, Rasmussen and Kohl-Welles

Creating the Puget Sound recreational fisheries enhancement oversight committee.

MOTIONS

On motion of Senator Oke, Substitute Senate Bill No. 5062 was substituted for Senate Bill No. 5062 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5062 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. 5062.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5062 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators 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, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Voting nay: Senators Benton, Brandland, Mulliken and Stevens - 4.

SUBSTITUTE SENATE BILL NO. 5062, 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. 5676, by Senators Carlson, Kohl-Welles, Mulliken, Shin and Schmidt (by request of Higher Education Coordinating Board)

Regarding higher education financial assistance.

The bill was read the second time.

MOTION

Senator Shin moved that the following amendment by Senators Shin and Carlson be adopted:

On page 3, after line 12, insert the following:

"Sec. 5. RCW 28B.119.010 and 2002 c 204 s 2 are each amended to read as follows:

The higher education coordinating board shall design the Washington promise scholarship program based on the following parameters:

(1) Scholarships shall be awarded to students graduating from public and approved private high schools under chapter 28A.195 RCW ((and)), students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility criteria.

(a) Academic eligibility criteria shall be defined as follows:

(I) Beginning with the graduating class of 2002, students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective high school at the completion of the first term of the student's senior year; or

(ii) Students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, ((and)) students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons twenty-one years of age or younger receiving a GED certificate, must equal or exceed a cumulative scholastic assessment test I score of twelve hundred on their first attempt or must equal or exceed a composite American college test score of twenty-seven on their first attempt.

(b) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size, as determined by the higher education coordinating board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits may reapply for the second year of benefits, but must still meet the income standard set by the board for the student's graduating class.

(2) Promise scholarships are not intended to supplant any grant, scholarship, or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.

(3) Within available funds, each qualifying student shall receive two consecutive annual awards, the value of each not to exceed the full-time annual resident tuition rates charged by Washington's community colleges. The higher education coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.

(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into consideration the availability of funds.

(5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.

(6) The scholarships may be used for undergraduate coursework at Oregon institutions of higher education that are part of the border county higher education opportunity project in RCW 28B.80.806 when those institutions offer programs not available at accredited institutions of higher education in Washington state.

(7) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.

(8) The scholarships may not be awarded to any student who is pursuing a degree in theology.

(9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt of the promise scholarship.

(10) The higher education coordinating board shall establish the time frame within which the student must use the scholarship."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Shin and Carlson on page 3, after line 12, to Senate Bill No. 5676.

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

MOTIONS

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

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "higher education financial assistance; and amending RCW 28B.101.005, 28B.101.010, 28B.101.020, 28B.101.040, and 28B.119.010."

On motion of Senator Carlson, the rules were suspended, Engrossed Senate Bill No. 5676 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. 5676.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5676 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.

ENGROSSED SENATE BILL NO. 5676, 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. 5588, by Senators Kline, Esser, Roach and Kohl-Welles (by request of Sentencing Guidelines Commission)

Requiring a plan to establish pilot regional correctional facilities.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 5588 was substituted for Senate Bill No. 5588 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5588 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. 5588.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5588 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, 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 - 48.

Voting nay: Senator Honeyford - 1.

SUBSTITUTE SENATE BILL NO. 5588, 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 Fraser: “A point of personal privilege, Mr. President. We have had a lot of very fine stories today about people’s various Irish heritages. My own is that I was almost made in Ireland, in that my father was born there in Clonakilty in County Cork, actually. I appreciate very much the fine attention and respect for the Irish heritage that has been shown today. In response, with permission of the President, I would like to provide another treat to help you enjoy caucus, once we get to that point. Thank you, Mr. President.”

PERSONAL PRIVILEGE

Senator Deccio: “A point of personal privilege, Mr. President. If these Irish people were really serious, they would provide us all with a bottle of Irish Whiskey.”

SECOND READING

SENATE BILL NO. 5042, by Senators T. Sheldon, Morton and Fraser (by request of Commissioner of Public Lands Sutherland)

Authorizing the department of natural resources to enter contracts that indemnify another party against loss or damage.

The bill was read the second time.

MOTION

On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5042 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. 5042.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5042 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, 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 - 48.

Voting nay: Senator Kline - 1.

SENATE BILL NO. 5042, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 10:04 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Oke, Gubernatorial Appointment No. 9180, William P. Roehl, as a member of the Fish and Wildlife Commission, was confirmed.

Senators Oke and Doumit spoke to the confirmation of William P. Roehl as a member of the Fish and Wildlife Commission.

APPOINTMENT OF WILLIAM P. ROEHL

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

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Morton, Mulliken, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.

Absent: Senators Esser, Haugen, Honeyford, Horn, McAuliffe, McCaslin, Parlette and Rossi - 8.

MOTION

On motion of Senator Hewitt, Senator Rossi was excused.

MOTION

On motion of Senator Franklin, Gubernatorial Appointment No. 9090, Teresa Pan, as a member of the Board of Trustees for Bates Technical College District No. 28, was confirmed.

APPOINTMENT OF TERESA PAN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Rossi - 1.

MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9097, Naomi K. Pursel, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.

APPOINTMENT OF NAOMI K. PURSEL

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SECOND READING

SENATE BILL NO. 5904, by Senators Deccio, Thibaudeau, Winsley, Franklin, Parlette, Keiser, Brandland, Benton, Carlson, Hale, Johnson, Kline, McAuliffe, McCaslin, Mulliken, Oke, Rasmussen, West, Finkbeiner, Kohl-Welles, Shin, Stevens, Esser, B. Sheldon and Hewitt

Concerning prescription drug assistance programs for seniors.

MOTIONS

On motion of Senator Deccio, Substitute Senate Bill No. 5904 was substituted for Senate Bill No. 5904 and the substitute bill was placed on second reading and read the second time.

Senator Franklin moved that the following amendments be considered simultaneously and be adopted:

On page 1, after line 15, insert the following:

"The legislature further finds that prescription drugs play an increasingly significant role in maintaining and improving the health of Washington residents. But the cost of these drugs is placing a growing strain on state health care programs. For those people not covered by these programs, or otherwise uninsured, the high costs may limit their access to medications altogether. However, by maximizing its purchasing power and taking better advantage of its position as a major buyer of prescription drugs, the state should reduce the price it pays for such drugs across all state programs, and offer some relief to others in need who lack prescription drug coverage. To further this purpose, the legislature intends to create the aggregate purchasing prescription drug discount program."

On page 5, after line 12, insert the following:

"Sec. 7. RCW 41.05.011 and 2001 c 165 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

(1) "Administrator" means the administrator of the authority.

(2) "State purchased health care" or "health care" means medical and health care, pharmaceuticals, and medical equipment purchased with state and federal funds by the department of social and health services, the department of health, the basic health plan, the state health care authority, the department of labor and industries, the department of corrections, the department of veterans affairs, and local school districts.

(3) "Authority" means the Washington state health care authority.

(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in chapter 48.46 RCW.

(5) "Flexible benefit plan" means a benefit plan that allows employees to choose the level of health care coverage provided and the amount of employee contributions from among a range of choices offered by the authority.

(6) "Employee" includes all full-time and career seasonal employees of the state, whether or not covered by civil service; elected and appointed officials of the executive branch of government, including full-time members of boards, commissions, or committees; and includes any or all part-time and temporary employees under the terms and conditions established under this chapter by the authority; justices of the supreme court and judges of the court of appeals and the superior courts; and members of the state legislature or of the legislative authority of any county, city, or town who are elected to office after February 20, 1970. "Employee" also includes: (a) Employees of a county, municipality, or other political subdivision of the state if the legislative authority of the county, municipality, or other political subdivision of the state seeks and receives the approval of the authority to provide any of its insurance programs by contract with the authority, as provided in RCW 41.04.205; (b) employees of employee organizations representing state civil service employees, at the option of each such employee organization, and, effective October 1, 1995, employees of employee organizations currently pooled with employees of school districts for the purpose of purchasing insurance benefits, at the option of each such employee organization; and (c) employees of a school district if the authority agrees to provide any of the school districts' insurance programs by contract with the authority as provided in RCW 28A.400.350.

(7) "Board" means the public employees' benefits board established under RCW 41.05.055.

(8) "Retired or disabled school employee" means:

(a) Persons who separated from employment with a school district or educational service district and are receiving a retirement allowance under chapter 41.32 or 41.40 RCW as of September 30, 1993;

(b) Persons who separate from employment with a school district or educational service district on or after October 1, 1993, and immediately upon separation receive a retirement allowance under chapter 41.32, 41.35, or 41.40 RCW;

(c) Persons who separate from employment with a school district or educational service district due to a total and permanent disability, and are eligible to receive a deferred retirement allowance under chapter 41.32, 41.35, or 41.40 RCW.

(9) "Benefits contribution plan" means a premium only contribution plan, a medical flexible spending arrangement, or a cafeteria plan whereby state and public employees may agree to a contribution to benefit costs which will allow the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or other sections of the internal revenue code.

(10) "Salary" means a state employee's monthly salary or wages.

(11) "Participant" means an individual who fulfills the eligibility and enrollment requirements under the benefits contribution plan.

(12) "Plan year" means the time period established by the authority.

(13) "Separated employees" means persons who separate from employment with an employer as defined in:

(a) RCW 41.32.010(11) on or after July 1, 1996; or

(b) RCW 41.35.010 on or after September 1, 2000; or

and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(40), the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010, or the public employees' retirement system plan 3 as defined in RCW 41.40.010.

(14) "Emergency service personnel killed in the line of duty" means law enforcement officers and fire fighters as defined in RCW 41.26.030, and reserve officers and fire fighters as defined in RCW 41.24.010 who die as a result of injuries sustained in the course of employment as determined consistent with Title 51 RCW by the department of labor and industries.

(15) "Prescription drug program" means a program administered by a state agency pursuant to which prescription drugs are purchased or reimbursement for the purchase of prescription drugs is provided, or any state agency making such a purchase or reimbursement.

(16) "Wholesaler" means a corporation, individual, or other entity that buys drugs or devices for resale and distributes the drugs or devices to corporations, individuals, or entities other than consumers.

(17) "Manufacturer" means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling a drug. However, a pharmacist compounding drugs to be dispensed from the pharmacy in which the drugs are compounded pursuant to prescriptions for individual patients is not a manufacturer.

(18) "Supplier" means a wholesaler or manufacturer.

NEW SECTION. Sec. 8. A new section is added to chapter 41.05 RCW to read as follows:

No later than July 1, 2004, the health care authority must implement a program to aggregate the purchase of prescription drugs from suppliers for prescription drug programs in this state, to be known as the "aggregate purchasing prescription drug discount program." The authority may contract with an outside manager to administer this program, which includes the following components:

(1) Price discounts on prescription drugs negotiated by the health care authority or manager with prescription drug suppliers on behalf of prescription drug programs in this state.

(2) A means to make the negotiated price discounts available to any person who is:

(a) A resident of the state of Washington;

(b) Ineligible for medicaid prescription benefits;

(c) Ineligible for, or not receiving, or both, a prescription drug benefit under a medicare supplemental policy or any other third-party payer prescription benefit; and

(d)(i) At least fifty-five years old; or

(ii) Between the ages of nineteen and fifty-four who is otherwise eligible for benefits under Title II of the social security act (federal old-age, survivors, and disability insurance benefits)."

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

Debate ensued.

Senator Brown demanded a roll call and the demand was sustained.

POINT OF ORDER

Senator Deccio: “A point of order, Mr. President. I think the amendments by Senator Franklin are out of the scope and object of the bill. The bill specifically deals with an act relating to prescription drug assistance programs for seniors. Remember, this bill came out of committee with all members of the committee signing it off. I don’t understand now how--”

President Owen: “Senator Deccio, you are going beyond the arguments on the scope and object of the bill. Senator Franklin, do you wish to respond?”

REMARKS BY SENATOR FRANKLIN

Senator Franklin: “Thank you, Mr. President. I do not believe that these amendments are beyond the scope and object of this bill. It says, ‘Age fifty-five.’ There was no opposition and now all of a sudden, it is beyond the scope and object--”

President Owen: “Senator Franklin, your remarks are not relative to the appropriateness of the amendments to the bill.”

There being no objection, further consider of the amendments was deferred.

MOTION

Senator Brown moved that the following amendment be adopted:

Beginning on page 1, line 16, strike all of section 2 and insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:

(1) To the extent funds are appropriated specifically for this purpose, and subject to any conditions placed on appropriations made for this purpose, the department shall design the medicaid prescription drug assistance program. Neither the benefits of, nor eligibility for, the program is considered to be an entitlement.

(2) The department is directed to obtain necessary federal waivers to implement this program. Consistent with federal waiver conditions, the department is authorized to charge enrollment fees, premiums, or point-of-service cost-sharing to enrollees of the program.

(3) Eligibility for this program is limited to persons: (a) Who are eligible for medicare or age sixty-five and older; (b) whose family income does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services; (c) who do not otherwise have insurance that provides prescription drug coverage; and (d) who are not otherwise eligible under Title XIX of the federal social security act.

(4) The department is authorized to use a cost-effective prescription drug benefit design. Consistent with federal waiver conditions, this benefit design can be different than the benefit design offered under the medical assistance program. The benefit design may include a deductible benefit that provides coverage when enrollees incur higher prescription drug costs as defined by the department. The department also may offer more than one benefit design.

(5) The department is authorized to limit enrollment of persons who qualify for the program so as to prevent an overexpenditure of appropriations for this program or to assure necessary compliance with federal waiver budget neutrality requirements. The department shall not reduce existing medical assistance program eligibility or benefits to assure compliance with federal waiver budget neutrality requirements.

(6) No funds from an approved federal waiver that allows for the collection of premiums from medicaid clients will be used to finance the medicaid prescription drug assistance program.

(7) This program will be terminated within twelve months after implementation of a prescription drug benefit under Title XVIII of the social security act.

(8) The department shall provide recommendations to the appropriate committees of the senate and house of representatives by November 15, 2003, on financing options available to support the medicaid prescription drug assistance program. In recommending financing options, the department shall explore every opportunity to maximize federal funding to support the program."

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Brown on page 1, line 16, to Substitute Senate Bill No. 5904.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.

Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

MOTION

Senator Rasmussen moved that the following amendment be adopted:

Beginning on page 2, line 37, after "those" strike all material through "purchases, to" on page 3, line 1 and insert "negotiated for its preferred prescription drugs, pursuant to the process established in section 4 of this act. The price discounts negotiated as a result of this process shall"

On page 3, after line 13, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 41.05 RCW to read as follows:

The administrator shall establish a pharmacy and therapeutics committee to identify its preferred drugs.

(1) The pharmacy and therapeutics committee shall be comprised of practicing licensed physicians, other practicing licensed health professionals with prescriptive authority, practicing licensed pharmacists, and pharmacoeconomists. At least one licensed health professional with prescriptive authority and one pharmacist must have demonstrated experience in serving women, children, and people of color. The membership composition must be consistent with applicable federal requirements under Title XIX of the federal social security act to allow full participation by the department of social and health services or other state agencies in activities under this act.

(2) The pharmacy and therapeutics committee shall review nationally recognized therapeutic drug classes. The committee must use an evidence-based process that evaluates the efficacy of prescription drugs, considering safety, efficacy, likelihood of compliance, outcomes, and any unique impacts on specific populations based upon factors such as sex, age, ethnicity, race, or disability. For each therapeutic class reviewed, the committee must identify the prescription drugs determined to be most clinically effective, and if applicable, equally effective. Decisions of the pharmacy and therapeutics committee regarding the clinical effectiveness of drugs within a therapeutic class are binding on the administrator.

(3) Members of the pharmacy and therapeutics committee are immune from civil liability for any official acts performed in good faith as members of the committee.

NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:

State-purchased health care programs shall adopt any preferred drug list established by the administrator for the price discount program components of their programs that purchase prescription drugs directly or through reimbursement of retail pharmacies consistent with the scope of benefits offered through those programs. In administering prescription drug benefits under state-purchased health care programs, agencies shall honor an endorsing prescriber's direction to dispense a prescription drug as written on the prescription order or to continue therapy with the drug classes included in section 4 of this act."

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

POINT OF ORDER

Senator Deccio: “A point of order, Mr. President. I challenge scope and object on this amendment. The bill relates specifically to prescription drugs for seniors. This amendment establishes a preferred drug list for all agencies, regardless of whether is just L & I, etc. It also deals with the issue of ‘dispenses written,’ which is outside the scope and object of the bill. So, I would challenge on that basis.” Senator Brown: “Mr. President, I believe this amendment is well within the scope and object of the underlying bill. The amendment, essentially, directs the Health Care Authority--as I understand it--it is already well within their authority to put together something such as a preferred drug list which would enable seniors to obtain benefits and discounts. What this amendment simply does is directs them to do that in such a way that preserves the physician’s ability to direct specific prescription drugs and to have a convenient non-bureaucratic way to override the list--should it be put in place. I think this fits well within the idea of obtaining additional prescription drug benefits for seniors.”

There being no objection, further consider of the amendment was deferred.

MOTION

Senator Deccio moved that the following amendments by Senator Deccio and Thibaudeau be considered simultaneously and be adopted:

On page 3, beginning on line 1, after "resident" strike all material through "businesses." on line 5, and insert ":

(a) Whose family income does not exceed two hundred fifty percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services;

(b) Who does not otherwise have insurance that provides prescription drug coverage; and

(c) Who is: (I) At least fifty years old; or (ii) between the ages of nineteen and forty-nine and is otherwise eligible for benefits under Title II of the social security act, federal old age, survivors, and disability insurance benefits."

On page 3, beginning on line 6, after "program" strike "a reasonable" and insert "an"

On page 3, line 7, after "fee" insert "sufficient"

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Deccio and Thibaudeau on page 3, lines 1, 6 and 7, to Substitute Senate Bill No. 5904.

ROLL CALL

The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 26.

Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 23.

MOTION

On motion of Senator Sheahan, further consideration of Substitute Senate Bill No. 5904 was deferred.

President Pro Tempore Winsley assumed the Chair.

SECOND READING

SENATE BILL NO. 5144, by Senators Morton and Oke

Protecting forest land from exotic forest insects or diseases.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 5144 was substituted for Senate Bill No. 5144 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5144 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5144.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5144 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5144, 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. 5407, by Senators Horn, Prentice, Honeyford and Benton

Regulating motorsports vehicle dealer franchises.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 5407 was substituted for Senate Bill No. 5407 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5407 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5407.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5407 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5407, 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. 5076, by Senators Morton, Fraser, T. Sheldon and Doumit (by request of Commissioner of Public Lands Sutherland)

Determining a “highest responsible bidder” for valuable materials from state-owned aquatic lands.

The bill was read the second time.

MOTION

On motion of Senator Morton, the rules were suspended, Senate Bill No. 5076 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5076.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5076 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5076, 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 Schmidt: “A point of personal privilege, Madam President. I wanted to make an announcement to the members. You just received an e-mail from me that tomorrow at twelve-thirty, we are going to have a press conference. You are all invited to participate and to join all of us. The members on this side of the aisle have already seen it--but back here in our caucus there is a banner--it is on the wall. I invite you to go back and take a look at it. This is a banner inviting you to join us tomorrow and we are asking that everyone sign it. It is going to be given to our National Guard leadership here in the state. They are going to send that over to our troops that are currently in Kuwait. The banner reads. ‘We are proud Americans; We are proud of you. Thank you from the individual members of the Washington State Senate.’

“As I mentioned, it is here in the back of the room. Take a look at it. The e-mail gives a detailed copy of the press release and we are going to have a press conference tomorrow at twelve-thirty in Senate Hearing Room 3, and we invited everybody to be there. Thank you.”

SECOND READING

SENATE BILL NO. 5935, by Senators Brandland, Oke, Swecker, Hale, Rasmussen, Schmidt and Winsley (by request of Washington State Patrol)

Consolidating fire service mobilization responsibilities within the Washington state patrol.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 5935 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5935.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5935 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5935, 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. 5597, by Senators Oke, T. Sheldon, Swecker, Thibaudeau, Carlson, Shin, Winsley, Spanel, Kline, Regala, Haugen, Jacobsen, Poulsen, B. Sheldon, Stevens, Keiser, Kohl-Welles and Rasmussen

Prohibiting tobacco product sampling.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Senate Bill No. 5597 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Benton: “Senator Oke, in your speech, you referred to coupons. My question is, ‘does this bill outlaw the distribution of coupons for tobacco products?’”

Senator Oke: “That is a good question, Senator. I know that they pass them out, but this, I don’t believe would outlaw coupons. It would outlaw sampling and I don’t believe that coupons would be sampling. We can take that to the lawyers and check that out, but my intent is that the need for coupons is not there. The effect of this bill would end sampling.”

Senator Benton: “Let me follow up on this. Is it, under current law, against the law to distribute samples to minors?”

Senator Oke: “The answer to that question is ‘yes.’ Unfortunately, as I said, with all the sampling going on, we don’t have the people out there to make sure that is not occurring. I have enough testimony over the two or three years that I have worked this issue that I know that these samples get into the hands of our children.”

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5597.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5597 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 42.

Voting nay: Senators Benton, Hewitt, Honeyford, Mulliken, Roach, Stevens and West - 7.

SENATE BILL NO. 5597, 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. 5665, by Senators Rasmussen and Swecker

Changing irrigation district administration provisions.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5665 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5665.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5665 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5665, 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. 5512, by Senators Honeyford, Kastama, West, Keiser, Winsley and Rasmussen

Including nonprofits in the small business economic impact statement requirement.

The bill was read the second time.

MOTION

On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 5512 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5512.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5512 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5512, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8004, by Senators Morton, Haugen, Hargrove and T. Sheldon

Requesting that British Columbia refrain from releasing grizzly bears near our common border.

The joint memorial was read the second time.

MOTION

On motion of Senator Morton, the rules were suspended, Senate Joint Memorial No. 8004 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Hewitt: “Senator Morton, do you think it would be possible if we could get some of those grizzly bears diverted to West Seattle?”

Senator Morton: “Thank you, Senator Hewitt–only if the previous speaker to you would show me the ability, that he mentioned here, conditioning the bears to head to West Seattle.”

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8004.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8004 and the joint memorial passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 35.

Voting nay: Senators Brown, Fairley, Franklin, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Sheldon, B., Shin and Thibaudeau - 14.

SENATE JOINT MEMORIAL NO. 8004, having received the constitutional majority, was declared passed.

President Owen assumed the Chair.

SECOND READING

SENATE BILL NO. 5457, by Senators Horn, Haugen, Oke, Johnson, Hargrove, B. Sheldon, Roach, Zarelli, Sheahan, Jacobsen, Stevens, Schmidt, Rossi, Eide, Kline, T. Sheldon, West, Shin and Rasmussen

Posting hazards to motorcycles.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 5457 was substituted for Senate Bill No. 5457 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5457 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Regala: “Senator Horn, since I am not familiar with this issue, do we not already post hazards when there are steel plates in the areas that you mentioned?”

Senator Horn: “Most of the time, they are posted in construction zones or you know they are there, but these hazards are significantly different for motorcycles than they would be for a car. If you have a rough lane change, an automobile can traverse that quite easily, while a motorcycle cannot.”

Senator Regala: “But, they are already posted?”

Senator Horn: “Just in construction zones.”

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5457.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5457 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Voting nay: Senators Honeyford and Regala - 2.

SUBSTITUTE SENATE BILL NO. 5457, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5904 and the pending amendments by Senator Franklin on page 1, line 15, and page 5, after line 12, and the pending amendments by Senator Rasmussen on page 2, line 37, and page 3, line 13, deferred earlier after a scope and object challenge on the amendments.

RULINGS BY THE PRESIDENT

President Owen: “In ruling upon the points of order raised by Senator Deccio as to the scope and object of the amendments by Senator Franklin on page 1, line 15, and page 5, after line 12, and the amendments by Senator Rasmussen on page 2, line 37, and page 3, line 13, to Substitute Senate Bill No. 5904, the President finds and rules as follows:

“With respect to the amendments by Senator Franklin, the President finds that Substitute Senate Bill 5904 is a bill that provides several means to reduce the cost of prescription drugs to the residents of the state of Washington. While major sections of the bill provide programs limited to low-income elderly residents, other sections of the bill are clearly applicable to all residents, regardless of age or income level.

“The amendments by Senator Franklin would expand eligibility for participation in the discount purchase program set forth in the underlying bill and also add further definitions to that program. In previous rulings, the President has allowed amendments which change or further define the class of persons eligible for programs or benefits set forth in a bill. In keeping with these rulings, the President finds that the amendments by Senator Franklin simply expand upon the class of persons eligible for one of the programs set forth in the underlying bill and is within the scope and object of Substitute Senate Bill 5904.

“The President, therefore, finds that the amendments by Senator Franklin on page 1, line 15, and page 5, after line 12, to Substitute Senate Bill No. 5904 to be within the scope and object of the underlying bill.”

President Owen: “In ruling upon the point of order raised by Senator Deccio as to the scope and object of the amendments by Senator Rasmussen on page 2, line 37, and page 3, line 13, to Substitute Senate Bill No. 5904, the President finds and rules as follows:

“With respect to the amendments by Senator Rasmussen, the President finds that the amendments would create a totally new committee to create a new program not in the underlying bill. Moreover, Section 5 of the amendment addresses the practice of medicine in a way which is not related to the programs in the underlying measure, which are aimed at reducing the costs of prescription drugs.

“For these reasons, the President, therefore, finds that the amendments by Senator Rasmussen to be outside the scope and object of Substitute Senate Bill 5904 and the point is well taken.”

The President ruled that the amendments by Senator Franklin on page 1, line 15, and page 5, line 12, to Substitute Senate Bill No. 5904 to be in order.

The President ruled that the amendments by Senator Rasmussen on page 2, line 37, and page 3, after line 13 to be out of order.

The President declared the question before the Senate to be the adoption of the amendments by Senator Franklin on page 1, line 15, and page 5, line 12, to Substitute Senate Bill No. 5904.

Debate ensued.

PARLIAMENTARY INQUIRY

Senator Franklin: “A parliamentary inquiry, Mr. President. May I ask a question in regards to closing debate since I was the sponsor of the amendments?”

RULING BY THE PRESIDENT

President Owen: “Senator Franklin, the President has already allowed you to speak.”

Senator Franklin: “I don’t want to.”

President Owen: “Asking a question is not allowed in the limit of time for debate. If I remember the rule correctly that would be just another form in participating in the debate. If someone else wants to ask a question, that is a different story.”

Senator Franklin: “So the maker of the amendment--”

President Owen: “Senator Franklin, the President believes that you have done that. I have been trying to be flexible in allowing people to speak again and I think that we accomplished that. Other members that have not spoken before still may speak if they wish to do so. Asking a question is--you want to ask another member a question or do you want to ask me a question? Well, that is perfectly all right.”

Senator Franklin: “Thank you. I am glad that we now understand each other. I wanted to ask you a question.”

President Owen: “Some days, I am a little slower than others.”

Senator Franklin: “Thank you, Mr. President. Since I was the maker of the amendments, I thought that it was then that I was the one to make the closing debate and that was it and not a speech from another member.”

President Owen: “Senator Franklin, the rule was established to allow you to close debate. In other words, you would be able to open debate and you would be able to close debate. However, that does not prohibit a person who has not spoken from being able to speak. It is up to you to anticipate, somehow, when the last speaker has spoken and then for you to complete debate. I am sorry that does not automatically cut off debate.”

Further debate ensued.

A roll call on the amendments had been requested when under consideration earlier in the day.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Franklin on page 1, line 15, and page 5, after line 12, to Substitute Senate Bill No. 5904.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

MOTION

Senator Doumit moved that the following amendment be adopted:

On page 1, line 16, strike all of section 2 and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 74.09 RCW to read as follows:

(3) Eligibility for this program is limited to persons: (a) Who are eligible for medicare or age sixty-five and older; (b) whose family income does not exceed one hundred seventy five percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services; (c) who do not otherwise have insurance that provides prescription drug coverage; and (d) who are not otherwise eligible under Title XIX of the federal social security act.

(6) No funds from an approved federal waiver that allows for the collection of premiums from medicaid clients will be used to finance the medicaid prescription drug assistance program.

(7) This program will be terminated within twelve months after implementation of a prescription drug benefit under Title XVIII of the social security act.

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

Further debate ensued.

POINT OF ORDER

Senator West: “A point of order, Mr. President. The amendment is substantially similar to the previous amendment by Senator Brown. These amendments strike the same section and insert similar words. I believe the body has made this decision by turning down the amendment by Senator Brown. The good gentleman’s amendment would have been appropriate as an amendment to the amendment by Senator Brown, but is not appropriate at this time.”

REPLY BY THE PRESIDENT

President Owen: “Are you raising the point of order that the amendment by Senator Doumit is an issue that has already been decided and may not be decided twice?”

Senator West: “That is correct, Mr. President.”

Debate ensued.

RULING BY THE PRESIDENT

President Owen: “In ruling on the point of order raised by Senator West regarding the amendment by Senator Doumit on page 1, line 16, to Substitute Senate Bill No. 5904, the President finds that Rule 142 of Reed’s Rules states in part, in this case where the previous amendment was defeated: ‘the negative result does not prevent a great variety of subsequent motions to strike out and insert or to strike out or to insert, some of which are as follows:’ Then it states a number of different examples. The President believes that the amendment by Senator Doumit is appropriate, and the point is not well taken.”

The President ruled that the amendment by Senator Doumit on page 1, line 16, to be properly before the Senate.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Doumit on page 1, line 16, to Substitute Senate Bill No. 5904.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

MOTION

On motion of Senator Deccio, the rules were suspended, Engrossed Substitute Senate Bill No. 5904 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. 5904.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5904 and the bill passed the Senate by the following vote Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 35.

Voting nay: Senators Brown, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Regala, Sheldon, B. and Spanel - 14.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5904, 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 Sheahan, Engrossed Substitute Senate Bill No. 5904 was ordered to be immediately transmitted to the House of Representatives.

SECOND READING

SENATE BILL NO. 5450, by Senators Horn, Jacobsen, Finkbeiner, Eide, Swecker, Reardon, Regala, Fairley, Kline, Fraser, Haugen, Keiser and Kohl-Welles

Providing incentives to reduce air pollution through the use of neighborhood electric vehicles.

The bill was read the second time.

MOTION

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

On page 3, after line 14, insert the following:

"Sec. 4. RCW 46.61.688 and 2002 c 328 s 2 are each amended to read as follows:

(1) For the purposes of this section, the term "motor vehicle" includes:

(a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;

(b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

(c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500;

(d) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and

(((d))) (e) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.

(2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208 and to neighborhood electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

(3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

(4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.

(5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

(6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.

(7) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.

(8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.

Sec. 5. RCW 46.61.687 and 2000 c 190 s 2 are each amended to read as follows:

(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:

(a) If the child is less than six years old and/or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

(b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;

(c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;

(d) If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;

(e) If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat; and

(f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

(2) A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

(5) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.

(6) The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds."

Renumber the section following consecutively.

MOTIONS

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

On line 3 of the title, after "46.04.320" insert ", 46.61.688, and 46.61.687"

On motion of Senator Horn, the rules were suspended, Engrossed Senate Bill No. 5450 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. 5450.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5450 and the bill passed the Senate by the following vote Yeas, 48; Nays, 0; Absent, 1; 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, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Absent: Senator Stevens - 1.

ENGROSSED SENATE BILL NO. 5450, 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. 5942, by Senators Reardon, Hewitt, Prentice and Honeyford

Concerning licensing requirements for elevator mechanics and contractors.

MOTION

On motion of Senator Reardon, Substitute Senate Bill No. 5942 was substituted for Senate Bill No. 5942 and the substitute bill was placed on second reading and read the second time.

MOTION

On motion of Senator Reardon, the following striking amendment by Senators Reardon, Hewitt, Honeyford, Keiser was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.87.010 and 2002 c 98 s 1 are each amended to read as follows:

For the purposes of this chapter, except where a different interpretation is required by the context:

(1) "Owner" means any person having title to or control of a conveyance, as guardian, trustee, lessee, or otherwise;

(2) "Conveyance" means an elevator, escalator, dumbwaiter, belt manlift, automobile parking elevator, moving walk, and other elevating devices, as defined in this section;

(3) "Existing installations" means an installation defined as an "installation, existing" in this chapter or in rules adopted under this chapter;

(4) "Elevator" means a hoisting or lowering machine equipped with a car or platform that moves in guides and serves two or more floors or landings of a building or structure;

(a) "Passenger elevator" means an elevator (I) on which passengers are permitted to ride and (ii) that may be used to carry freight or materials when the load carried does not exceed the capacity of the elevator;

(b) "Freight elevator" means an elevator (I) used primarily for carrying freight and (ii) on which only the operator, the persons necessary for loading and unloading, and other employees approved by the department are permitted to ride;

(c) "Sidewalk elevator" means a freight elevator that: (I) Operates between a sidewalk or other area outside the building and floor levels inside the building below the outside area, (ii) has no landing opening into the building at its upper limit of travel, and (iii) is not used to carry automobiles;

(d) "Hand elevator" means an elevator utilizing manual energy to move the car;

(e) "Inclined elevator" means an elevator that travels at an angle of inclination of seventy degrees or less from the horizontal;

(f) "Multideck elevator" means an elevator having two or more compartments located one immediately above the other;

(g) "Observation elevator" means an elevator designed to permit exterior viewing by passengers while the car is traveling;

(h) "Power elevator" means an elevator utilizing energy other than gravitational or manual to move the car;

(I) "Electric elevator" means an elevator where the energy is applied by means of an electric driving machine;

(j) "Hydraulic elevator" means an elevator where the energy is applied by means of a liquid under pressure in a cylinder equipped with a plunger or piston;

(k) "Direct-plunger hydraulic elevator" means a hydraulic elevator having a plunger or cylinder directly attached to the car frame or platform;

(l) "Electro-hydraulic elevator" means a direct-plunger elevator where liquid is pumped under pressure directly into the cylinder by a pump driven by an electric motor;

(m) "Maintained-pressure hydraulic elevator" means a direct-plunger elevator where liquid under pressure is available at all times for transfer into the cylinder;

(n) "Roped hydraulic elevator" means a hydraulic elevator having its plunger or piston connected to the car with wire ropes or indirectly coupled to the car by means of wire ropes and sheaves;

(o) "Rack and pinion elevator" means a power elevator, with or without a counterweight, that is supported, raised, and lowered by a motor or motors that drive a pinion or pinions on a stationary rack mounted in the hoistway;

(p) "Screw column elevator" means a power elevator having an uncounterweighted car that is supported, raised, and lowered by means of a screw thread;

(q) "Rooftop elevator" means a power passenger or freight elevator that operates between a landing at roof level and one landing below and opens onto the exterior roof level of a building through a horizontal opening;

(r) "Special purpose personnel elevator" means an elevator that is limited in size, capacity, and speed, and permanently installed in structures such as grain elevators, radio antenna, bridge towers, underground facilities, dams, power plants, and similar structures to provide vertical transportation of authorized personnel and their tools and equipment only;

(s) "Workmen's construction elevator" means an elevator that is not part of the permanent structure of a building and is used to raise and lower workers and other persons connected with, or related to, the building project;

(t) "Boat launching elevator" means ((an elevator, as defined by subsections (2) and (4) of this section,)) a conveyance that serves a boat launching structure and a beach or water surface and is used for the carrying or handling of boats in which people ride;

(u) "Limited-use/limited-application elevator" means a power passenger elevator where the use and application is limited by size, capacity, speed, and rise, intended principally to provide vertical transportation for people with physical disabilities;

(5) "Escalator" means a power-driven, inclined, continuous stairway used for raising and lowering passengers;

(6) "Dumbwaiter" means a hoisting and lowering mechanism equipped with a car (a) that moves in guides in a substantially vertical direction, (b) the floor area of which does not exceed nine square feet, (c) the inside height of which does not exceed four feet, (d) the capacity of which does not exceed five hundred pounds, and (e) that is used exclusively for carrying materials;

(7) "Automobile parking elevator" means an elevator: (a) Located in either a stationary or horizontally moving hoistway; (b) used exclusively for parking automobiles where, during the parking process, each automobile is moved either under its own power or by means of a power-driven transfer device onto and off the elevator directly into parking spaces or cubicles in line with the elevator; and (c) in which no persons are normally stationed on any level except the receiving level;

(8) "Moving walk" means a passenger carrying device (a) on which passengers stand or walk and (b) on which the passenger carrying surface remains parallel to its direction of motion;

(9) "Belt manlift" means a power driven endless belt provided with steps or platforms and a hand hold for the transportation of personnel from floor to floor;

(10) "Department" means the department of labor and industries;

(11) "Director" means the director of the department or his or her representative;

(12) "Inspector" means an elevator inspector of the department or an elevator inspector of a municipality having in effect an elevator ordinance pursuant to RCW 70.87.200;

(13) "Permit" means a permit issued by the department to erect, construct, install, alter, modernize, relocate, or operate a conveyance;

(14) "Person" means this state, a political subdivision, any public or private corporation, any firm, or any other entity as well as an individual;

(15) "One-man capacity manlift" means a single passenger, hand- powered counterweighted device, or electric-powered device, that travels vertically in guides and serves two or more landings;

(16) "Private residence conveyance" means a conveyance installed in or on the premises of a single-family dwelling and operated for transporting persons or property from one elevation to another;

(17) "Material hoist" means a hoist that is not a part of a permanent structure used to raise or lower materials during construction, alteration, or demolition. It is not applicable to the temporary use of permanently installed personnel elevators as material hoists;

(18) "Material lift" means a lift that (a) is permanently installed, (b) is comprised of a car or platform that moves in guides, (c) serves two or more floors or landings, (d) travels in a vertical or inclined position, (e) is an isolated, self-contained lift, (f) is not part of a conveying system, and (g) is installed in a commercial or industrial area not accessible to the general public or intended to be operated by the general public;

(19) "Casket lift" means a lift that (a) is installed at a mortuary, (b) is designed exclusively for carrying of caskets, (c) moves in guides in a basically vertical direction, and (d) serves two or more floors or landings;

(20) "Wheelchair lift" means a lift that travels in a vertical or inclined direction and is designed for use by physically handicapped persons;

(21) "Stairway chair lift" means a lift that travels in a basically inclined direction and is designed for use by physically handicapped persons;

(22) "Personnel hoist" means a hoist that is not a part of a permanent structure, is installed inside or outside buildings during construction, alteration, or demolition, and used to raise or lower workers and other persons connected with, or related to, the building project. The hoist may also be used for transportation of materials;

(23) "Advisory committee" means the elevator advisory committee as described in this chapter;

(24) "Elevator helper/apprentice" means a person who works under the general direction of a licensed elevator mechanic. A license is not required to be an elevator helper/apprentice;

(25) "Elevator mechanic" means any person who possesses an elevator mechanic license in accordance with this chapter and who is engaged in erecting, constructing, installing, altering, ((serving [servicing],)) repairing, wiring, dismantling, modernizing, relocating, or maintaining ((elevators or related)) conveyances covered by this chapter;

(26) "License" means a written license, duly issued by the department, authorizing a person, firm, or company to carry on the business of erecting, constructing, installing, altering, ((servicing,)) repairing, wiring, dismantling, modernizing, relocating, or maintaining ((elevators or related)) conveyances covered by this chapter;

(27) "Elevator contractor license" means a license that is issued to an elevator contractor who has met the qualification requirements established in RCW 70.87.240;

(28) "Elevator mechanic license" means a license that is issued to a person who has met the qualification requirements established in RCW 70.87.240;

(29) "Licensee" means the elevator mechanic or elevator contractor;

(30) "Repair" means a process for the purpose of ensuring performance in accordance with this chapter and not amounting to an alteration, in which a part, device, or component that is basically the same as the original is replaced, or the original is rehabilitated, reconditioned, or renewed and returned into place;

(31) "Replacement" or "replace" means a process for the purpose of ensuring performance in accordance with this chapter and not amounting to an alteration, in which a new part, device, or component is substituted for a part, device, or component that is removed in its entirety;

(32) "Maintenance" means a scheduled or routine process for the purpose of ensuring performance in accordance with this chapter and not amounting to an alteration, in which parts, devices, or components are examined, serviced, lubricated, cleaned, repaired, replaced, or adjusted;

(33) "Alteration" means any process, including but not limited to the replacement or repair of any part, device, or component modifying any safety system, speed control, or travel of the conveyance. An alteration requires testing of the conveyance before it is placed in or returned to service. The department may identify by rule processes or activities that constitute an alteration;

(34) "Public agency" means a county, incorporated city or town, municipal corporation, state agency, institution of higher education, political subdivision, or other public agency and includes any department, bureau, office, board, commission, or institution of such entity;

(35) "Platform" means a rigid surface that is maintained in a horizontal position at all times when in use, and upon which passengers stand or a load is carried.

Sec. 2. RCW 70.87.020 and 2002 c 98 s 2 are each amended to read as follows:

(1) The purpose of this chapter is to provide for safety of life and limb, to promote safety awareness, and to ensure the safe, design, mechanical and electrical operation, erection, installation, construction, alteration, maintenance, ((inspection, and repair)) relocation, wiring, dismantling, or modernization of conveyances, and all such operation, erection, installation, alteration, inspection, and repair subject to the provisions of this chapter shall be reasonably safe to persons and property and in conformity with the provisions of this chapter and the applicable statutes of the state of Washington, and all orders, and rules of the department. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public exposed to unsafe conditions. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. ((Elevator)) Personnel performing work covered by this chapter must, by documented training or experience or both, be familiar with the operation and safety functions of the components and equipment. Training and experience must include, but not be limited to, recognizing the safety hazards and performing the procedures to which ((they)) the personnel performing work covered by this chapter are assigned in conformance with the requirements of ((the [this])) this chapter. This chapter establishes the minimum standards for ((elevator)) personnel performing work on conveyances.

(2) This chapter is not intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this chapter, provided that there is technical documentation to demonstrate the equivalency of the system, method, or device, as prescribed in this chapter and the rules adopted under this chapter.

(3) In any suit for damages allegedly caused by a failure or malfunction of the conveyance, conformity with the rules of the department is prima facie evidence that the operation, erection, installation, alteration, maintenance, and inspection((, and repair)) of the conveyance is reasonably safe to persons and property.

Sec. 3. RCW 70.87.030 and 2002 c 98 s 3 are each amended to read as follows:

The department shall adopt rules governing the mechanical and electrical operation, erection, installation, alterations, inspection, construction, acceptance tests, relocation, modernization, wiring, dismantling, and ((repair)) maintenance of conveyances that are necessary and appropriate and shall also adopt minimum standards governing existing installations. In the execution of this rule-making power and before the adoption of rules, the department shall consider the rules for the safe mechanical operation, erection, installation, alteration, inspection, and ((repair)) maintenance of conveyances, including the American National Standards Institute Safety Code for Personnel and Material Hoists, the American Society of Mechanical Engineers Safety Code for Elevators, Dumbwaiters, and Escalators, and any amendatory or supplemental provisions thereto. The department by rule shall establish a schedule of fees to pay the costs incurred by the department for the work related to administration and enforcement of this chapter. Nothing in this chapter limits the authority of the department to prescribe or enforce general or special safety orders as provided by law.

The department may consult with: Engineering authorities and organizations concerned with standard safety codes; rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and/or inspection of ((elevators, dumbwaiters, and escalators, etcetera)) conveyances; and the qualifications that are adequate, reasonable, and necessary for the elevator mechanic, contractor, and inspector.

Sec. 4. RCW 70.87.050 and 2002 c 98 s 4 are each amended to read as follows:

The operation, construction, erection, installation, alteration, maintenance, inspection, modernization, wiring, and ((repair)) dismantling of any conveyance located in, or used in connection with, any building owned by the state, a county, or a political subdivision, other than those located within and owned by a city having an elevator code, shall be under the jurisdiction of the department.

Sec. 5. RCW 70.87.060 and 1983 c 123 s 6 are each amended to read as follows:

(1) The person erecting, constructing, installing, relocating, modernizing, repairing, wiring, dismantling, or altering a conveyance is responsible for its operation and maintenance until the department has issued an operating permit for the conveyance, except during the period when a limited operating permit in accordance with RCW 70.87.090(2) is in effect, and is also responsible for all tests of a new, relocated, or altered conveyance until the department has issued an operating permit for the conveyance.

(2) The owner or his or her duly appointed agent shall be responsible for the safe operation and proper maintenance of the conveyance after the department has issued the operating permit and also during the period of effectiveness of any limited operating permit in accordance with RCW 70.87.090(2). The owner shall be responsible for all periodic tests required by the department.

Sec. 6. RCW 70.87.080 and 1983 c 123 s 8 are each amended to read as follows:

(1) An installation or alteration permit shall be obtained from the department before erecting, constructing, installing, relocating, modernizing, wiring, dismantling, or altering a conveyance in any place or structure.

(2) The installer of the conveyance shall submit an application for the permit in duplicate, in a form that the department may prescribe.

(3) The permit issued by the department shall be kept posted conspicuously at the site of installation.

(4) No permit is required for repairs and replacement normally necessary for maintenance and made with parts of equivalent materials, strength, and design.

(5) After July 1, 2004, the department may issue an installation or alteration permit only to the holder of a valid elevator contractor's license under this chapter.

Sec. 7. RCW 70.87.110 and 1983 c 123 s 12 are each amended to read as follows:

(1) The requirements of this chapter are intended to apply to all conveyances except as modified or waived by the department. They are intended to be modified or waived whenever any requirements are shown to be impracticable, such as involving expense not justified by the protection secured. However, the department shall not allow the modification or waiver unless equivalent or safer construction is secured in other ways. An exception applies only to the installation covered by the application for waiver.

(2) The provisions of RCW 70.87.180(2), 70.87.230, and 70.87.240(2), insofar as they relate to the maintenance of a conveyance other than a passenger elevator to which access by the general public is not restricted, do not apply to a conveyance used in a facility in which agricultural products are stored, food products are processed, goods are manufactured, energy is generated, or similar industrial or agricultural processes are performed, if the owner of the conveyance:

(a) Provides to all employees required or allowed to perform maintenance on the conveyance adequate training to ensure the safety of employees and adherence to the published operating specifications of the conveyance manufacturer;

(b) Allows and restricts maintenance to be performed on the conveyance to only:

(I) A licensed elevator contractor or mechanic;

(ii) A worker who (A) is regularly employed by the owner; (B) has successfully completed the training required by (a) of this subsection; and (C) has attained journeyman status in an electrical or mechanical trade, only if the employer has or utilizes an established journeyman program to train its electrical or mechanical trade employees and such employees perform conveyor maintenance in the course of their regular employment; or

(iii) A person authorized under subsection (3) of this section; and

(c) Maintains a (I) maintenance log describing the maintenance work performed on the conveyance and identifying the person who performed the work; and (ii) training log for each employee allowed to perform conveyance maintenance describing the course of study provided, including whether it is general or conveyance specific, and identifying when the employee has successfully completed the training required by (a) of this subsection and when such training was completed.

(3) The provisions of RCW 70.87.180(2), 70.87.230, and 70.87.240(2), insofar as they relate to the installation or maintenance of a material lift, conveyor, and related equipment that is subject to the standard designation B20.1 as established by the American Society of Mechanical Engineers and not designed or intended to convey one or more workers, do not apply to a person performing such work if:

(a) The person is employed by a licensed elevator contractor engaged in the business of installing and maintaining such equipment and has successfully completed a course of training, including any training provided by the manufacturer, to ensure the safety of employees and adherence to the published installation and operating specifications of the conveyance manufacturer; and

(b) The employer maintains a (I) log identifying the equipment installed or maintained, describing the work performed, and identifying the person who performed the work; and (ii) training log describing the course of study applicable to each conveyance and identifying each employee who has successfully completed the training required by (a) of this subsection and when such training was completed.

(4) The provisions of RCW 70.87.180(2), 70.87.230, and 70.87.240(2), insofar as they relate to the maintenance of a conveyance located in a private residence, do not apply to a person performing such maintenance work at the direction of the owner if the owner of the conveyance and the residence resides in the residence where the conveyance is located.

(5) It is a violation of RCW 49.17.060 for:

(a) An owner to allow a conveyance covered by subsection (2) of this section to be maintained by a person other than as qualified pursuant to subsection (2)(b) of this section; or

(b) An owner or employer to fail to maintain records required under subsection (2)(c) or (3)(b) of this section.

Sec. 8. RCW 70.87.125 and 2002 c 98 s 6 are each amended to read as follows:

(1) A license issued under this chapter may be suspended, revoked, or subject to civil penalty by the department upon verification that any one or more of the following reasons exist:

(a) Any false statement as to a material matter in the application;

(b) Fraud, misrepresentation, or bribery in securing a license;

(c) Failure to notify the department and the owner or lessee of ((an elevator)) a conveyance or related mechanisms of any condition not in compliance with this chapter; and

(d) A violation of any provisions of this chapter.

(2) The department may suspend or revoke a permit if:

(a) The permit was obtained through fraud or by error if, in the absence of error, the department would not have issued the permit;

(b) The conveyance for which the permit was issued has not been constructed, installed, maintained, or repaired in accordance with the requirements of this chapter; or

(3) The department shall suspend any license issued under this chapter promptly after receiving notice from the department of social and health services that the holder of the license has been certified pursuant to RCW 74.20A.320 as a person who is not in compliance with a support order. If the person has continued to meet all other license requirements during the suspension, reissuance of the certificate of licensure shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

(4) The department shall notify in writing the owner, licensee, or person installing the conveyance, of its action and the reason for the action. The department shall send the notice by certified mail to the last known address of the owner or person. The notice shall inform the owner or person that a hearing may be requested pursuant to RCW 70.87.170.

(((4))) (5)(a) If the department has suspended or revoked a permit or license because of fraud or error, and a hearing is requested, the suspension or revocation shall be stayed until the hearing is concluded and a decision is issued.

(b) If the department has revoked or suspended a license because the ((elevator personnel)) licensee performing the work covered by this chapter is working in a manner that does not effectively prevent injuries or deaths or protect employees and the public from unsafe conditions as is required by this chapter, the suspension or revocation is effective immediately and shall not be stayed by a request for a hearing.

(c) If the department has revoked or suspended a permit because the conveyance is unsafe or is not constructed, installed, maintained, or repaired in accordance with this chapter, the suspension or revocation is effective immediately and shall not be stayed by a request for a hearing.

(((5))) (6) The department must remove a suspension or reinstate a revoked license if the licensee pays all the assessed civil penalties and is able to demonstrate to the department that the licensee has met all the qualifications established by this chapter.

(((6))) (7) The department shall remove a suspension or reinstate a revoked permit if a conveyance is repaired or modified to bring it into compliance with this chapter.

Sec. 9. RCW 70.87.170 and 2002 c 98 s 8 are each amended to read as follows:

(1) Any person aggrieved by an order or action of the department denying, suspending, revoking, or refusing to renew a permit or license; assessing a penalty for a violation of this chapter; or ordering the operation of a conveyance to be discontinued, may request a hearing within fifteen days after notice (([of])) of the department's order or action is received. The date the hearing was requested shall be the date the request for hearing was postmarked. The party requesting the hearing must accompany the request with a certified or cashier's check for two hundred dollars payable to the department. The department shall refund the two hundred dollars if the party requesting the hearing prevails at the hearing; otherwise, the department shall retain the two hundred dollars.

If the department does not receive a timely request for hearing, the department's order or action is final and may not be appealed.

(2) If the aggrieved party requests a hearing, the department shall ask an administrative law judge to preside over the hearing. The hearing shall be conducted in accordance with chapter 34.05 RCW.

Sec. 10. RCW 70.87.180 and 2002 c 98 s 9 are each amended to read as follows:

(1) The construction, erection, installation, relocation, alteration, ((maintenance,)) modernization, wiring, dismantling, or operation of a conveyance without a permit by any person owning or having the custody, management, or operation thereof, except as provided in RCW 70.87.080 and 70.87.090, is a misdemeanor. Each day of violation is a separate offense. No prosecution may be maintained where the issuance or renewal of a permit has been requested but upon which no action has been taken by the department.

(2) The construction, erection, installation, relocation, alteration, maintenance, ((or operation)) modernization, wiring, or dismantling of a conveyance without a license by any person except as provided in RCW 70.87.110 is a misdemeanor. Each day of violation is a separate offense. No prosecution may be maintained where the issuance or renewal of a license has been requested by an applicant but upon which no action has been taken by the department.

Sec. 11. RCW 70.87.220 and 2002 c 98 s 11 are each amended to read as follows:

The department may adopt the rules necessary to establish and administer the elevator safety advisory committee. The purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances; methods of enforcing and administering this chapter; and matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances. ((The advisory committee consists of five persons appointed by)) The director of the department or his or her designee with the advice of the chief elevator inspector shall appoint the advisory committee members as follows: One registered architect or professional engineer with experience in the elevator industry; one employee of a licensed elevator contractor who qualifies for or possesses an elevator mechanic license; one contractor qualifying for or possessing an elevator contractor license; one employer whose agricultural or industrial facilities use conveyances in one or more storage or manufacturing process; one employee who has five or more years' experience repairing or maintaining conveyances for one such agricultural or industrial employer; one manufacturer of conveyances; and one ad hoc member representing a municipality with jurisdiction over conveyances under RCW 70.87.200. The committee members shall serve four years.

The committee shall meet on the third Tuesday of February, May, August, and November of each year, and at other times at the discretion of the chief of the elevator section. The committee members shall serve without per diem or travel expenses.

The chief elevator inspector shall be the secretary for the advisory committee.

Sec. 12. RCW 70.87.230 and 2002 c 98 s 10 are each amended to read as follows:

Except as provided by RCW 70.87.110, no person shall erect, construct, wire, install, alter, replace, maintain, ((remove)) relocate, modernize, or dismantle any conveyance ((contained within a building or structures)) within the jurisdiction of this state unless he or she has an elevator mechanic license and the person is working: (1) For an owner, as defined in RCW 70.87.010(1) that operates a facility described in RCW 70.87.110(2); (2) for a public agency, as defined in RCW 70.87.010(34); or (3) under the direct supervision of a person, firm, or company who has an elevator ((contractors [contractor])) contractor license pursuant to this chapter.

A person, firm, public agency, or company is not required to have an elevator ((contractors [contractor])) contractor license for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the building is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.

Sec. 13. RCW 70.87.240 and 2002 c 98 s 12 are each amended to read as follows:

(1) Any person, firm, or company wishing to engage in the business of erecting, constructing, installing, altering, servicing, replacing, repairing, relocating, wiring, dismantling, modernizing, or maintaining ((elevators, dumbwaiters, escalators, or moving sidewalks)) conveyances within the jurisdiction of the department must make application for ((a)) an elevator contractor license with the department on a form provided by the department and be a registered general or specialty contractor under chapter 18.27 RCW.

(2) Except as provided by RCW 70.87.110, any person wishing to ((engage in installing, altering, repairing, or servicing elevators, dumbwaiters, escalators, or moving sidewalks)) erect, construct, install, alter, repair, maintain, relocate, modernize, wire, or dismantle conveyances within the jurisdiction of the department must make application for ((a)) an elevator mechanic license with the department on a form provided by the department.

(3) No elevator contractor license may be granted to any person or firm who has not proven to possess the following qualifications:

(a) Five years' work experience in the elevator industry in construction, maintenance, and service or repair, as verified by current and previous elevator contractor ((licenses)) licensed to do business; or

(b) Satisfactory completion of a written examination administered by the department on this chapter and the rules adopted under this chapter.

(4) No elevator mechanic license may be granted to any person who has not proven to possess the following qualifications:

(a) An acceptable combination of documented experience and education credits: Not less than three years' work experience in the elevator industry, in construction, or maintenance and service or repair, as verified by current and previous public agency employers and employers licensed to do business in this state; and

(b) Satisfactory completion of a written examination administered by the department on this chapter and the rules adopted under this chapter.

(5) Any person who furnishes the department with acceptable proof that he or she has worked for at least three consecutive years as an elevator constructor, or as a conveyance maintenance or repair person shall upon making application for a license and paying the license fee is entitled to receive a license without an examination. The person must have:

(a) Worked without direct and immediate supervision for ((an elevator)) (I) a general or specialty contractor ((licensed to do business)) registered under chapter 18.27 RCW and engaged primarily in the business of installing conveyances in this state; (ii) a public agency; or (iii) a conveyance owner. This employment may not be less than each and all of the three years immediately ((before June 13, 2002)) preceding July 1, 2004. The person must make application within ((one year of June 13, 2002)) ninety days after July 1, 2004, or the effective date of rules adopted under this chapter establishing license requirements;

(b) Obtained a certificate of completion and successfully passed the mechanic examination of a nationally recognized training program for the elevator industry such as the national elevator industry educational program or its equivalent; or

(c) Obtained a certificate of completion of an apprenticeship program for an elevator mechanic, having standards substantially equal to those of this chapter, and registered with the Washington state apprenticeship and training council.

(6) A license must be issued to an individual holding a valid license from a state having entered into a reciprocal agreement with the department and having standards substantially equal to those of this chapter, upon application and without examination.

(7) The department shall adopt rules that become effective on or after July 1, 2004, to implement this section and RCW 70.87.250.

Sec. 14. RCW 70.87.250 and 2002 c 98 s 13 are each amended to read as follows:

(1) Upon approval of an application, the department may issue a license that is ((biannually [biennially])) biennially renewable. The fee for the license and for any renewal shall be set by the department in rule.

(2) The department may issue temporary elevator mechanic licenses. These temporary elevator mechanic licenses will be issued to those certified as qualified and competent by licensed elevator contractors. The company shall furnish proof of competency as the department may require. Each license must recite that it is valid for a period of thirty days from the date of issuance and for such particular ((elevators)) conveyances or geographical areas as the department may designate, and otherwise entitles the licensee to the rights and privileges of an elevator mechanic license issued in this chapter. A temporary elevator mechanic license ((must)) may be renewed by the department and a fee as established in rule must be charged for any temporary elevator mechanic license or renewal.

(3) The renewal of all licenses granted under this section is conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing rules of the department. The course must consist of not less than eight hours of instruction that must be attended and completed within one year immediately preceding any license renewal.

(4) The courses must be taught by instructors through continuing education providers that may include, but are not limited to, association seminars and labor training programs. The department must approve the continuing education providers. All instructors must be approved by the department and are exempt from the requirements of subsection (3) of this section with regard to his or her application for license renewal, provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal.

(5) A licensee who is unable to complete the continuing education course required under this section before the expiration of his or her license due to a temporary disability may apply for a waiver from the department. This will be on a form provided by the department and signed under the pains and penalties of perjury and accompanied by a certified statement from a competent physician attesting to the temporary disability. Upon the termination of the temporary disability, the licensee must submit to the department a certified statement from the same physician, if practicable, attesting to the termination of the temporary disability. At which time a waiver sticker, valid for ninety days, must be issued to the licensee and affixed to his or her license.

(6) Approved training providers must keep uniform records, for a period of ten years, of attendance of licensees, and these records must be available for inspection by the department at its request. Approved training providers are responsible for the security of all attendance records and certificates of completion. However, falsifying or knowingly allowing another to falsify attendance records or certificates of completion constitutes grounds for suspension or revocation of the approval required under this section.

Sec. 15. RCW 70.87.260 and 2002 c 98 s 14 are each amended to read as follows:

This chapter cannot be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, ((or repairing)) wiring, or dismantling any ((elevator)) conveyance or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefore or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising hereunder.

NEW SECTION. Sec. 16. The elevator safety advisory committee shall review chapter 70.87 RCW as it pertains to conveyances located in private residences and shall report its findings and recommendations to the legislature by January 1, 2004.

NEW SECTION. Sec. 17. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

MOTIONS

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

On page 1, line 2 of the title, after "contractors;" strike the remainder of the title and insert "amending RCW 70.87.010, 70.87.020, 70.87.030, 70.87.050, 70.87.060, 70.87.080, 70.87.110, 70.87.125, 70.87.170, 70.87.180, 70.87.220, 70.87.230, 70.87.240, 70.87.250, and 70.87.260; creating a new section; prescribing penalties; and declaring an emergency."

On motion of Senator Reardon, the rules were suspended, Engrossed Substitute Senate Bill No. 5942 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. 5942.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5942 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5942, 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. 5989, by Senators Haugen, Horn and Jacobsen

Representing pilots on the board of pilotage commissioners.

The bill was read the second time.

MOTION

On motion of Senator Horn, the rules were suspended, Senate Bill No. 5989 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5989.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5989 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5989, 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. 5352, by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn and Shin

Encouraging agricultural conservation programs.

MOTION

On motion of Senator Swecker, Substitute Senate Bill No. 5352 was substituted for Senate Bill No. 5352 and the substitute bill was placed on second reading and read the second time.

MOTION

On motion of Senator West, the following amendment by Senators West and Haugen was adopted:

On page 5, after line 10, insert the following:

"(4) Each county and city with agricultural lands designated under RCW 36.70A.170 shall allow wineries, affiliated and ancillary tasting rooms, and accessory uses as a permitted use acceptable and compatible with other agricultural-related industries within all such agricultural land designations. Such use may only be restricted in a manner uniformly applied to all permitted uses in all agricultural zoning classifications in each city and county."

Renumber the sections consecutively and correct any internal references accordingly.

MOTIONS

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

On page 1, on line 1 of the title, after "agricultural", strike "conservation programs" and insert "land use"

On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 5352 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. 5352.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5352 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, 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 - 45.

Voting nay: Senators Fairley, Fraser, Kline and Kohl-Welles - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 4:36 p.m., on motion of Senator Sheahan, the Senate recessed until 6:00 p.m.

The Senate was called to order at 6:00 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Hewitt, Gubernatorial Appointment No. 9102, Dora C. Reyes, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.

APPOINTMENT OF DORA C. REYES

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

Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.

Absent: Senators Deccio, Horn, McCaslin, Mulliken, Prentice and Thibaudeau - 6.

MOTION

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

MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9104, James Robinson, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.

APPOINTMENT OF JAMES ROBINSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, 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 - 46.

Excused: Senators Deccio, Horn and McCaslin - 3.

SECOND READING

SENATE BILL NO. 5751, by Senator Hargrove

Concerning the sale of valuable material from state lands.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5751 was substituted for Senate Bill No. 5751 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5751 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. 5751.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5751 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brandland, Brown, Carlson, 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 - 48.

Excused: Senator Deccio - 1.

SUBSTITUTE SENATE BILL NO. 5751, 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. 5749, by Senators Hargrove, Stevens and Rasmussen (by request of Indeterminate Sentence Review Board)

Revising procedures for hearings concerning violations by sex offenders of postrelease conditions.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5749 was substituted for Senate Bill No. 5749 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5749 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. 5749.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5749 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, 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 - 47.

Voting nay: Senator Eide - 1.

Excused: Senator Deccio - 1.

SUBSTITUTE SENATE BILL NO. 5749, 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. 5912, by Senators Mulliken, Haugen, Sheahan, Horn, Parlette, Rasmussen and Spanel

Creating the Produce Railcar Pool.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 5912 was substituted for Senate Bill No. 5912 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 5912 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. 5912.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5912 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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, 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 - 48.

Excused: Senator Kline - 1.

SUBSTITUTE SENATE BILL NO. 5912, 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. 5938, by Senators Finkbeiner and Esser

Updating financial responsibility laws for vessels.

MOTION

On motion of Senator Finkbeiner, Senate Bill No. 5938 was not substituted.

Senate Bill No. 5938 was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the current financial responsibility laws for vessels are in need of update and revision. The legislature intends that, whenever possible, the standards set for Washington state provide the highest level of protection consistent with other western states and to ultimately achieve a more uniform system of financial responsibility on the Pacific Coast.

Sec. 2. RCW 88.40.011 and 2000 c 69 s 30 are each amended to read as follows:

((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Barge" means a vessel that is not self-propelled.

(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons((, including but not limited to, commercial fish processing vessels and freighters)).

(((2))) (3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.

(((3))) (4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.

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

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

(((6))) (7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from ((a tank)) any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.

(b) A facility does not include any: (I) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.

(((7))) (8) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish.

(9) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30.

(10) "Hazardous substances" means any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted ((August 14, 1989,)) under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499. The following are not hazardous substances for purposes of this chapter:

(a) Wastes listed as F001 through F028 in Table 302.4; and

(b) Wastes listed as K001 through K136 in Table 302.4.

(((8) "Inland barge" means any barge operating on the waters of the state and certified by the coast guard as an inland barge.

(9))) (11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.

(((10))) (12) "Oil" or "oils" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline, and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted ((August 14, 1989,)) under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.

(((11))) (13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.

(((12))) (14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.

(((13))) (15)(a) "Owner or operator" means (I) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.

(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.

(((14))) (16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.

(((15))) (17) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.

(((16))) (18) "Spill" means an unauthorized discharge of oil into the waters of the state.

(((17))) (19) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

(a) Operates on the waters of the state; or

(b) Transfers oil in a port or place subject to the jurisdiction of this state.

(((18))) (20) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.

Sec. 3. RCW 88.40.020 and 2000 c 69 s 31 are each amended to read as follows:

(1) Any ((inland)) barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of ((one)) five million dollars, or ((one)) three hundred ((fifty)) dollars per gross ton of such vessel.

(2)(a) Except as provided in (b) or (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars. The amount of financial responsibility required under this subsection is one billion dollars after January 1, 2004.

(b) The director by rule may establish a lesser standard of financial responsibility for ((barges)) tank vessels of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the ((barge)) tank vessel is capable of carrying. The director shall not set the standard for ((barges)) tank vessels of three hundred gross tons or less below that required under federal law.

(c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a tank vessel to prove membership in such an organization.

(3)(a) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay ((the greater of at least six hundred dollars per gross ton or five hundred thousand)) at least three hundred million dollars.

(b) The owner or operator of a cargo vessel or passenger vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a cargo vessel or passenger vessel to prove membership in such an organization.

(4) A fishing vessel while on the navigable waters of the state must demonstrate financial responsibility in the following amounts: (a) For a fishing vessel carrying predominantly nonpersistent product, one hundred thirty-three dollars and forty cents per incident, for each barrel of total oil storage capacity, persistent and nonpersistent product, on the vessel or one million three hundred thirty-four thousand dollars, whichever is greater; or (b) for a fishing vessel carrying predominantly persistent product, four hundred dollars and twenty cents per incident, for each barrel of total oil storage capacity, persistent product and nonpersistent product, on the vessel or six million six hundred seventy thousand dollars, whichever is greater.

(5) The documentation of financial responsibility shall demonstrate the ability of the document holder to meet state and federal financial liability requirements for the actual costs for removal of oil spills, for natural resource damages, and for necessary expenses.

(((5) The department may by rule set a lesser amount of financial responsibility for a tank vessel that meets standards for construction, propulsion, equipment, and personnel established by the department. The department shall require as a minimum level of financial responsibility under this subsection the same level of financial responsibility required under federal law.))

(6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.

Sec. 4. RCW 88.40.040 and 2000 c 69 s 33 are each amended to read as follows:

(1) ((The department shall deny entry to the waters of the state to any vessel that does not meet the financial responsibility requirements of this chapter)) It is unlawful for any vessel required to have financial responsibility under this chapter to enter or operate on Washington waters without meeting the requirements of this chapter or rules adopted under this chapter, except when necessary to avoid injury to the vessel's crew or passengers. Any vessel owner or operator that does not meet the financial responsibility requirements of this chapter and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the United States coast guard.

(2) The department shall enforce section 1016 of the federal oil pollution act of 1990 as authorized by section 1019 of the federal act."

MOTIONS

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

On page 1, line 2 of the title, after "vessels;" strike the remainder of the title and insert "amending RCW 88.40.011, 88.40.020, and 88.40.040; and creating a new section."

On motion of Senator Finkbeiner, the rules were suspended, Engrossed Senate Bill No. 5938 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. 5938.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5938 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 5938, 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. 5955, by Senator Benton

Creating the personal reemployment account program.

MOTIONS

On motion of Senator Sheahan, Substitute Senate Bill No. 5955 was substituted for Senate Bill No. 5955 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5955 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. 5955.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5955 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kline, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 37.

Voting nay: Senators Fairley, Franklin, Fraser, Kastama, Keiser, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 12.

SUBSTITUTE SENATE BILL NO. 5955, 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. 5695, by Senators Honeyford, Winsley, Mulliken, Johnson, T. Sheldon, Zarelli, Oke and Rasmussen

Declaring buildings used for criminal activity to be a nuisance.

MOTIONS

On motion of Senator Honeyford, Substitute Senate Bill No. 5695 was substituted for Senate Bill No. 5695 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5695 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. 5695.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5695 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 40.

Voting nay: Senators Fairley, Finkbeiner, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Spanel and Thibaudeau - 9.

SUBSTITUTE SENATE BILL NO. 5695, 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. 5507, by Senators T. Sheldon and Mulliken

Clarifying who has standing regarding growth management hearings board hearings.

The bill was read the second time.

MOTION

On motion of Senator Mulliken, the rules were suspended, Senate Bill No. 5507 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. 5507.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5507 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, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 33.

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

SENATE BILL NO. 5507, 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. 5797, by Senators Parlette and Brandland

Requiring the department of social and health services to inspect adult family homes at least every twenty-four months.

MOTIONS

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

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

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5797 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

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. 5024, by Senators Honeyford and Hale

Concerning public water systems.

MOTIONS

On motion of Senator Honeyford, Second Substitute Senate Bill No. 5024 was substituted for Senate Bill No. 5024 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Honeyford, the rules were suspended, Second Substitute Senate Bill No. 5024 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. 5024.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5024 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, Eide, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.

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

SECOND SUBSTITUTE SENATE BILL NO. 5024, 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. 5145, by Senators Mulliken and T. Sheldon

Concerning withdrawals of public ground waters.

MOTIONS

On motion of Senator Mulliken, Substitute Senate Bill No. 5145 was substituted for Senate Bill No. 5145 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 5145 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. 5145.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5145 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 30.

Voting nay: Senators Brown, Eide, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Spanel and Thibaudeau - 19.

SUBSTITUTE SENATE BILL NO. 5145, 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. 5073, by Senators Fraser, Honeyford, Hale and Kohl-Welles

Adopting provisions for cooperative watershed management plans.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that throughout Washington state there are many active efforts to protect, manage, and restore watersheds. The state's river systems provide a variety of benefits for society's many needs, so efforts to protect these watersheds should reflect the diversity of social, environmental, and economic factors that make the state unique.

Yet, there is a conflict between the natural flow of river systems and the way watersheds are governed. From a hydrological standpoint, a watershed is a single, integrated system. But these systems usually flow through a number of cities, counties, and other municipalities as they move from their source to the sea. As a result, many are subject to the full range of management interests, including multiple government entities with jurisdiction over water. In many cases, the political boundaries of government do not align with the hydrological boundaries of watersheds and may actually hinder the implementation of coordinated, cooperative plans. Cooperative watershed management actions by local governments, special districts, and utilities can help maintain healthy watershed function and support the beneficial use of water by these entities and protect the quality of the resource that they use or affect. By participating in cooperative watershed management actions, local governments, special districts, and utilities are acting in the public interest and in a manner that is intended to sustain maximum beneficial use and high quality of water over time and to maintain the services that these entities provide.

Therefore, it is the intent of this act to remove statutory barriers that may prevent local governments from working together in the creation and implementation of cooperative, coordinated watershed plans. In addition, it is the further intent of this act to provide additional authorities to assist in such implementation.

NEW SECTION. Sec. 2. A new section is added to chapter 39.34 RCW to read as follows:

(1) The legislative authority of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may authorize up to ten percent of its water-related revenues to be expended in the implementation of watershed management plan projects or activities that are in addition to the county's, city's, or district's existing water-related services or activities. Such limitation on expenditures shall not apply to additional revenues for watershed plan implementation that are authorized by voter approval under section 5 of this act. Water-related revenues include rates, charges, and fees for the provision of services relating to water supply, treatment, distribution, and management generally, and those general revenues of the local government that are expended for water management purposes. A local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments.

(2) The following special purpose districts may exercise the authority provided by this section:

(a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW;

(b) Public utility districts organized under Title 54 RCW;

(d) Port districts organized under Title 53 RCW;

(e) Diking, drainage, and similar districts organized under Title 85 RCW;

(f) Flood control and similar districts organized under Title 86 RCW;

(g) Lake management districts organized under chapter 36.61 RCW;

(h) Aquifer protection areas organized under chapter 36.36 RCW; and

(I) Shellfish protection districts organized under chapter 90.72 RCW.

(3) The authority for expenditure of local government revenues provided by this section shall be applicable broadly to the implementation of watershed management plans addressing water supply, water transmission, water quality treatment or protection, or any other water-related purposes. Such plans include but are not limited to plans developed under the following authorities:

(a) Watershed plans developed under chapter 90.82 RCW;

(b) Salmon recovery plans developed under chapter 77.85 RCW;

(c) Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW;

(d) Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW;

(e) Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and chapter 400-12 WAC;

(f) Other comprehensive management plans addressing watershed health at a WRIA level or sub-WRIA basin drainage level;

(g) Coordinated water system plans under chapter 70.116 RCW and similar regional plans for water supply; and

(h) Any combination of the foregoing plans in an integrated watershed management plan.

(4) The authority provided by this section to expend revenues for watershed management plan implementation shall be construed broadly to include, but not be limited to:

(a) The coordination and oversight of plan implementation, including funding a watershed management partnership for this purpose;

(b) Technical support, monitoring, and data collection and analysis;

(d) Conducting activities and programs included as elements in the plan.

Sec. 3. RCW 39.34.020 and 1985 c 33 s 1 are each amended to read as follows:

((For the purposes of this chapter, the term)) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Public agency" ((shall)) means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state.

((The term)) (2) "State" ((shall)) means a state of the United States.

(3) "Watershed management partnership" means an interlocal cooperation agreement formed under the authority of section 4 of this act.

(4) "WRIA" has the definition in RCW 90.82.020.

NEW SECTION. Sec. 4. A new section is added to chapter 39.34 RCW to read as follows:

Any two or more public agencies may enter into agreements with one another to form a watershed management partnership for the purpose of implementing any portion or all elements of a watershed management plan, including the coordination and oversight of plan implementation. The plan may be any plan or plan element described in section 2(3) of this act. The watershed partnership agreement shall include the provisions required of all interlocal agreements under RCW 39.34.030(3). The agreement shall be filed pursuant to RCW 39.34.040 with the county auditor of each county lying within the geographical watershed area to be addressed by the partnership. The public agencies forming the partnership shall designate a treasurer for the deposit, accounting, and handling of the funds of the partnership. The treasurer shall be either a county treasurer or a city treasurer of a county or city participating in the agreement to form the partnership.

NEW SECTION. Sec. 5. A new section is added to chapter 39.34 RCW to read as follows:

The public agencies forming a watershed management partnership under the authority of section 4 of this act may develop and implement a plan for financing all or one or more elements of a watershed management plan. These public agencies may propose raising additional revenues for this purpose from one or more sources under the existing revenue authorities of those public agencies financing plan implementation. The agencies shall attempt as nearly as practicable to develop a proposal under which the total burden will be distributed equitably upon those persons within the watershed plan area who will be benefited by the project, program, or activity. The revenue proposal shall be submitted at a special or general election on the same day in all jurisdictions in which one or more elements of the proposal are to be applicable, and shall not be implemented unless the proposal receives a majority vote of the votes cast within each city, county, and special purpose district participating in the proposal.

NEW SECTION. Sec. 6. A new section is added to chapter 39.34 RCW to read as follows:

Where a watershed management partnership formed under the authority of section 4 of this act establishes a separate legal entity to conduct the cooperating undertaking of the partnership, such legal entity is authorized for the purpose of carrying out such undertaking to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters 36.67 and 39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW and other applicable statutes. The joint board established by the partnership agreement shall perform the functions referenced in chapter 36.67 RCW to be performed by the county legislative authority in the case of county bonds.

NEW SECTION. Sec. 7. A new section is added to chapter 39.34 RCW to read as follows:

The amendments by chapter . . ., Laws of 2003 (this act) to the interlocal cooperation act authorities are intended to provide additional authority to public agencies for the purposes of implementing watershed management plans, and do not affect any agreements among public agencies existing on the effective date of this section.

NEW SECTION. Sec. 8. A new section is added to chapter 36.01 RCW to read as follows:

A county may, acting through the county legislative authority, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 9. A new section is added to chapter 36.94 RCW to read as follows:

In addition to the authority provided in RCW 36.94.020, a county may, as part of maintaining a system of sewerage and/or water, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 10. A new section is added to chapter 36.89 RCW to read as follows:

In addition to the authority provided in RCW 36.89.030, a county may, as part of maintaining a system of storm water control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

Sec. 11. RCW 35.21.210 and 1965 c 7 s 35.21.210 are each amended to read as follows:

Any city or town shall have power to provide for the sewerage, drainage, and water supply thereof, and to establish, construct, and maintain a system or systems of sewers and drains and a system or systems of water supply, within or without the corporate limits of such city or town, and to control, regulate, and manage the same. In addition, any city or town may, as part of maintaining a system of sewers and drains or a system of water supply, or independently of such a system or systems, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 12. A new section is added to chapter 35.67 RCW to read as follows:

In addition to the authority provided in RCW 35.67.020, a city may, as part of maintaining a system sewerage, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 13. A new section is added to chapter 57.08 RCW to read as follows:

In addition to the authority provided in RCW 57.08.005, a water district, sewer district, or water-sewer district may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 14. A new section is added to chapter 54.16 RCW to read as follows:

In addition to the authority provided in RCW 54.16.030 relating to water supply, a public utility district may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 15. A new section is added to chapter 87.03 RCW to read as follows:

In addition to the authority provided throughout this title, an irrigation district, reclamation district, and similar districts organized pursuant to the authority of this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 16. A new section is added to chapter 53.08 RCW to read as follows:

In addition to the authority provided in this chapter, a port district may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 17. A new section is added to chapter 85.38 RCW to read as follows:

In addition to the authority provided throughout this title, diking, drainage, sewerage improvement, and similar districts organized pursuant to this title may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 18. A new section is added to chapter 86.09 RCW to read as follows:

In addition to the authority provided in this chapter, flood control districts may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NEW SECTION. Sec. 19. A new section is added to chapter 86.15 RCW to read as follows:

In addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under section 6 of this act and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management."

MOTIONS

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

On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 39.34.020 and 35.21.210; adding new sections to chapter 39.34 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 36.89 RCW; adding a new section to chapter 35.67 RCW; adding a new section to chapter 57.08 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 87.03 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 85.38 RCW; adding a new section to chapter 86.09 RCW; adding a new section to chapter 86.15 RCW; and creating a new section."

On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5073 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. 5073.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5073 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 5073, 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. 5674, by Senators Finkbeiner, Prentice, Esser, Haugen and Horn

Modifying regional transit authority provisions.

MOTIONS

On motion of Senator Finkbeiner, Substitute Senate Bill No. 5674 was substituted for Senate Bill No. 5674 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Bill No. 5674 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. 5674.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5674 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 31.

Voting nay: Senators Brown, Eide, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 18.

SUBSTITUTE SENATE BILL NO. 5674, 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. 5074, by Senators Morton, Oke, Doumit, T. Sheldon, Fraser and Rasmussen (by request of Commissioner of Public Lands Sutherland)

Establishing contract harvesting of timber on state trust lands.

MOTIONS

On motion of Senator Morton, Second Substitute Senate Bill No. 5074 was substituted for Senate Bill No. 5074 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Second Substitute Senate Bill No. 5074 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. 5074.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5074 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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 - 47.

Voting nay: Senators Fairley and Thibaudeau - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5074, 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. 5550, by Senators West, Stevens, Kastama, Roach, Kline, Johnson, Fairley, T. Sheldon, Thibaudeau, Benton, Keiser, Eide, Prentice, Kohl-Welles, Esser, Shin, Oke and Winsley

Prohibiting secure community transition facilities from being sited near public and private youth camps.

MOTIONS

On motion of Senator West, Substitute Senate Bill No. 5550 was substituted for Senate Bill No. 5550 and the substitute bill was placed on second reading and read the second time.

On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5550 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. 5550.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5550 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5550, 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 McAuliffe: “A point of personal privilege, Mr. President. Senator Deccio, I was so moved this morning on St. Patrick’s Day to hear your speech of how St. Patrick was an Italian. Also, I was very concerned, being of the same heritage that you are, that we don’t have green pasta today, so I am giving you pasta primavera for you to celebrate on St. Patrick’s Day. Hopefully, next year, you will cook a whole lot of pasta for all of us.”

MOTION

At 8:09 p.m., on motion of Senator Sheahan, the Senate adjourned until 8:30 a.m., Tuesday, March 18, 2003.

BRAD OWEN, President of the Senate

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