The bill was read on Third Reading.

      Senators Winsley and Kastama spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5326.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5326 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

     Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Absent: Senator Sheldon, T. - 1.

      SUBSTITUTE SENATE BILL NO. 5326, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Sheldon, T. was excused.

THIRD READING

     SUBSTITUTE SENATE BILL NO. 5733, by Senate Committee on Health & Long-Term Care (originally sponsored by Senators Winsley, Thibaudeau and Kohl-Welles)

Improving fairness and protection in boarding homes and adult family homes.

      The bill was read on Third Reading.

      Senator Winsley spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5733.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5733 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator Sheldon, T. - 1.

      SUBSTITUTE SENATE BILL NO. 5733, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

THIRD READING

     SENATE BILL NO. 5052, by Senators Hale, T. Sheldon, Hewitt, Johnson, Sheahan and Oke

Delaying the effect of significant legislative rules.

MOTION

      On motion of Senator Esser, the rules were suspended, Senate Bill No. 5052 was returned to second reading and read a second time.

MOTION

      On motion of Senator Hale the following amendment was adopted:

      0n page 1, after line 9, strike the remainder of the bill and insert the following:

      "Sec. 2. RCW 34.05.328 and 2003 c 165 s 2 are each amended to read as follows:

      (1) Before adopting a rule described in subsection (((5) ))(6) of this section, an agency shall:

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

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

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

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

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

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

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

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

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

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

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

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

      (3) Before adopting rules described in subsection (((5) ))(6) of this section, an agency shall place in the rule-making file a rule implementation plan for rules filed under each adopting order. The plan shall describe how the agency intends to:

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

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

      (c) Promote and assist voluntary compliance; and

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

      (4) The adoption of rules described in subsection (6) of this section must be made before December 1^st of any year, and the rules may not take effect before the end of the regular legislative session in the next year.

      (5) After adopting a rule described in subsection (((5) ))(6) of this section regulating the same activity or subject matter as another provision of federal or state law, an agency shall do all of the following:

      (a) Provide to the ((business assistance center ))department of community, trade, and economic development a list citing by reference the other federal and state laws that regulate the same activity or subject matter;

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

      (i) Deferring to the other entity;

      (ii) Designating a lead agency; or

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

      If the agency is unable to comply with this subsection (((4)))(5)(b), the agency shall report to the legislature pursuant to (c) of this subsection;

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

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

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

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

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

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

      (b) This section does not apply to:

      (i) Emergency rules adopted under RCW 34.05.350;

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

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

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

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

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

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

      (c) For purposes of this subsection:

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

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

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

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

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

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

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

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

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

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

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

      Senator Hale spoke in favor of adoption of the amendment.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hale on page 1, after line 9 to Senate Bill No. 5052.

      The motion by Senator Hale carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Hale, the rules were suspended, Engrossed Senate Bill No. 5052 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hale, Kastama and Horn spoke in favor of passage of the bill

      Senators Thibaudeau and Kline spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5052.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5052 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Roach, Schmidt, Sheahan, Shin, Stevens, Swecker, Winsley and Zarelli - 38.

     Voting nay: Senators Fairley, Fraser, Jacobsen, Kline, Kohl-Welles, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 10.

     Excused: Senator Sheldon, T. - 1.

      ENGROSSED SENATE BILL NO. 5052, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

THIRD READING

     SUBSTITUTE SENATE BILL NO. 5861, by Senate Committee on Government Operations & Elections (originally sponsored by Senators Roach, Rasmussen, T. Sheldon, Finkbeiner, Kohl-Welles, Oke, Schmidt and Shin)

Making it a crime to impersonate a veteran of the armed forces.

MOTION

      On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 5861 was returned to second reading and read a second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9A.60.045 and 2003 c 53 s 79 are each amended to read as follows:

      (1) A person is guilty of criminal impersonation in the second degree if the person:

      (a)(i) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and

      (((b))) (ii) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer; or

      (b) Falsely assumes the identity of an active or retired veteran of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity.

      (2) Criminal impersonation in the second degree is a misdemeanor.

      NEW SECTION. Sec. 2. This act takes effect July 1, 2004."

      Senator Roach spoke in favor of adoption of the amendment.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Roach and Rasmussen to Substitute Senate Bill No. 5861.

      The motion by Senator Roach carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Roach the following title amendment was adopted.

      On page 1, line 2 of the title, after "forces;" strike the remainder of the title and insert "amending RCW 9A.60.045; prescribing penalties; and providing an effective date."

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5861 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Roach and Rasmussen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5861.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5861 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.

     Excused: Senator Sheldon, T. - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5861, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      At 12:07 p.m., on motion of Senator Esser, the Senate adjourned until 12:00 noon, January 27, 2004.

BRAD OWEN, President of the Senate

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