(1) ((No)) Except as provided under subsection (3) or (4) of this section, a retiree under the provisions of plan 2 shall not be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.37.010, or 41.35.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030. If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

      (2) The department shall adopt rules implementing this section.

      (3) Except as provided under subsection (4) of this section, a member or retiree who becomes employed in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.35.010, or 41.37.010 shall have the option to enter into membership in the corresponding retirement system for that position. A retiree who elects to enter into plan membership under the provisions of this subsection shall have his or her benefits suspended as provided in subsection (1) of this section. A retiree who does not elect to enter into plan membership under the provisions of this subsection shall continue to receive his or her benefits without interruption until the retiree has rendered service for more than one thousand five hundred hours in a calendar year.

      (4) A member or retiree who is elected or appointed to the legislature pursuant to Article II of the state Constitution shall have the option to enter into membership in the public employees' retirement system as outlined in chapter 41.40 RCW. A retiree who elects to enter into public employees' retirement system membership under the provisions of this subsection shall have his or her benefits suspended as provided in subsection (1) of this section. A retiree who does not elect to enter into public employees' retirement system membership under the provisions of this subsection shall continue to receive his or her benefits without interruption for the duration of his or her legislative service.

      (5) The legislature reserves the right to amend or appeal subsections (3) and (4) of this section in the future and no member or beneficiary has a contractual right to collect his or her monthly retirement allowance while working in an eligible position as defined in RCW 41.40.010, 41.32.010, 41.35.010, or 41.37.010.

      Sec. 3. RCW 41.04.270 and 2001 c 180 s 4 are each amended to read as follows:

      (1) ((Notwithstanding any provision of)) Except as provided in chapter 2.10, 2.12, 41.26, 41.28, 41.32, 41.35, 41.40, or 43.43 RCW ((to the contrary)), on and after March 19, 1976, any member or former member who (a) receives a retirement allowance earned by said former member as deferred compensation from any public retirement system authorized by the general laws of this state, or (b) is eligible to receive a retirement allowance from any public retirement system listed in RCW 41.50.030, but chooses not to apply, or (c) is the beneficiary of a disability allowance from any public retirement system listed in RCW 41.50.030 shall be estopped from becoming a member of or accruing any contractual rights whatsoever in any other public retirement system listed in RCW 41.50.030: PROVIDED, That (a) and (b) of this subsection shall not apply to persons who have accumulated less than fifteen years service credit in any such system or to persons receiving a retirement allowance under RCW 41.26.430 or 41.26.470.

      (2) Nothing in this section is intended to apply to any retirement system except those listed in RCW 41.50.030 and the city employee retirement systems for Seattle, Tacoma, and Spokane. Subsection (1)(b) of this section does not apply to a dual member as defined in RCW 41.54.010.

      NEW SECTION. Sec. 4. Section 1 of this act expires July 1, 2006.

      NEW SECTION. Sec. 5. Section 1 of 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.

      NEW SECTION. Sec. 6. Section 2 of this act takes effect July 1, 2006."

      Senator Prentice spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to House Bill No. 1270.

      The motion by Senator Prentice carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, on line 1 of the title, after "ACT", strike everything through line 3 of the title and insert "Relating to suspending a retirement allowance upon reemployment; amending RCW 41.04.270, 41.26.500 and 41.26.500; providing an effective date; providing an expiration date; and declaring an emergency."

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1270, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1270, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1270, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senator Deccio - 1

      Excused: Senator Oke - 1

      HOUSE BILL NO. 1270, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1160, by Representatives Conway, Wood, Green, Hudgins, McCoy, Lovick, Darneille, Morrell, Chase, Cody, Kenney and Sells

      Reducing workplace violence in state hospitals.

      The measure was read the second time.

MOTION

      On motion of Senator Hargrove, the rules were suspended, House Bill No. 1160 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1160.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1160 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senators Deccio and Stevens - 2

      Excused: Senator Oke - 1

      HOUSE BILL NO. 1160, 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 Honeyford, Senator Deccio was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1496, by House Committee on Judiciary (originally sponsored by Representatives Simpson, Roach, P. Sullivan, Quall, McDermott, Santos, Appleton, McCoy, Hunt, Kenney, Kagi and Blake)

      Authorizing the use of enrollment cards issued by federally recognized Indian tribes.

      The measure was read the second time.

MOTION

Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Parlette be adopted.

      On page 1, beginning on line 6, strike everything through "requirement." on line 15.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Kohl-Welles and Parlette 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 Kohl-Welles and Parlette on page 1, line 6 to Substitute House Bill No. 1496.

The motion by Senator Kohl-Welles carried and the amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, on line 2 of the title, after "70.155.090;", strike "adding a new section to chapter 29A.08 RCW;"

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1496, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1496, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1496, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 1496, as amended by the Senate, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1652, by House Committee on Health Care (originally sponsored by Representatives Ericks, Appleton, Simpson, Kilmer, Eickmeyer, Woods, Lovick, Santos and Linville)

      Authorizing fire protection districts to establish or participate in health clinic services.

      The measure was read the second time.

MOTION

Senator Parlette moved that the following amendment by Senators Parlette, Pflug and Keiser be adopted.

      On page 2, after line 2, insert the following:

      "NEW SECTION. Sec. 2. The department of health shall conduct a study to evaluate the merits of allowing fire protection districts to establish or participate in the provision of health clinic services.             (1) The study shall consider any relevant matters, including but not limited to: the scope of the services which might be provided, the interest among Washington's fire protection districts in providing these services, the need for having them do so, the impact on overall health expenditures of allowing health services to be provided this way, potential government liability, and patient health and safety issues.

      (2) The secretary of health shall appoint an advisory group of affected parties, including local physicians and other health care providers, to assist in the study.

      (3) The department shall report the results of the study and any recommendations to the legislature by October 1, 2005. At a minimum, the recommendations shall include: (a) the criteria and process which should be used to evaluate requests by fire protection districts to establish or participate in the provision of health clinic services; and (b) any other statutory or administrative changes needed to address the concerns identified."

      Senators Parlette and Keiser 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 Parlette, Pflug and Keiser on page 2, after line 2 to Substitute House Bill No. 1652.

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

MOTION

On motion of Senator Regala, Senator Sheldon was excused.

MOTION

      There being no objections, the following title amendment was adopted.

      On page 1, line 2 of the title, after "services;" strike "and" and on line 3, after "52.02.020" insert "; and creating a new section"

MOTION

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1652, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Keiser spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1652, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1652, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brandland, Brown, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 40

      Voting nay: Senators Benson, Benton, Carrell, Mulliken, Pflug, Stevens and Zarelli - 7

      Excused: Senators Oke and Sheldon - 2

      SUBSTITUTE HOUSE BILL NO. 1652, as amended by the Senate, 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.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1635, by House Committee on Local Government (originally sponsored by Representatives Kessler, Haler, Clibborn, Jarrett, O'Brien, Hankins, Ericks, Grant, Buck, Chase and Kenney)

      Authorizing local government funding of ambulance and emergency services. Revised for 1st Substitute: Modifying local emergency medical service funding provisions.

      The measure was read the second time.

MOTION

      Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be not adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that ambulance and emergency medical services are essential services and the availability of these services is vital to preserving and promoting the health, safety, and welfare of people in local communities throughout the state. All persons, businesses, and industries benefit from the availability of ambulance and emergency medical services, and survival rates can be increased when these services are available, adequately funded, and appropriately regulated. It is the legislature's intent to explicitly recognize local jurisdictions' ability and authority to collect utility service charges to fund ambulance and emergency medical service systems that are based, at least in some part, upon a charge for the availability of these services.

      Sec. 2. RCW 35.21.766 and 2004 c 129 s 34 are each amended to read as follows:

      (1) Whenever a regional fire protection service authority ((or the legislative authority of any city or town)) determines that the fire protection jurisdictions that are members of the authority ((or the city or town or a substantial portion of the city or town is)) are not adequately served by existing private ambulance service, the governing board of the authority may by resolution((, or the legislative authority of the city or town may by appropriate legislation,)) provide for the establishment of a system of ambulance service to be operated by the authority as a public utility ((of the city or town, or)) operated by contract after a call for bids.

      (2) The legislative authority of any city or town may establish an ambulance service to be operated as a public utility. However, the legislative authority of the city or town shall not provide for the establishment of an ambulance service utility that would compete with any existing private ambulance service, unless the legislative authority of the city or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service. In determining the adequacy of existing ambulance service, the legislative authority of the city or town shall determine if the service is meeting relevant performance standards. Before making any adequacy determination, performance standards shall be established by the city or town through adoption of a resolution or ordinance by its legislative body, which shall first hold one or more public hearings on the subject of proposed performance standards, or any amendment thereto, after giving at least fourteen days' notice of the time and place by publication in a newspaper of general circulation in the city and individual written notice to any private ambulance company registered with the jurisdiction as operating an ambulance service in the city or town, and to the department of health. Performance standards adopted by any city or town shall be no less stringent than existing standards adopted by the department of health or any other agency with applicable jurisdiction, and may include, but not be limited to, standards regarding response times, equipment, personnel, training, communication, dispatch, reporting, and other relevant requirements and expectations.

      (3) The city or town legislative authority is authorized to set and collect rates and charges in an amount sufficient to regulate, operate, and maintain an ambulance utility. Prior to setting such rates and charges, the legislative authority must determine, through a cost-of- service study, the total cost necessary to regulate, operate, and maintain the ambulance utility. Total costs shall not include capital cost for the construction, major renovation, or major repair of the physical plant. For purposes of establishing and setting rates and charges under this section, costs shall be reduced by any revenues collected and described in subsection (5)(a) through (c) of this section. Once the legislative authority determines the total costs, the legislative authority shall then identify that portion of the total costs that are attributable to the availability of the ambulance service and that portion of the total costs that are attributable to the demand placed on the ambulance utility.

      (a) Availability costs are those costs attributable to the basic infrastructure needed to respond to a single call for service within the utility's response criteria. Availability costs may include costs for dispatch, labor, training of personnel, equipment, patient care supplies, and maintenance of equipment.

      (b) Demand costs are those costs that are attributable to the burden placed on the ambulance service by individual calls for ambulance service. Demand costs shall include costs related to frequency of calls, distances from hospitals, and other factors identified in the cost-of-service study conducted to assess burdens imposed on the ambulance utility.

      (c) Beginning on the effective date of this act, the rate attributable to costs for availability described under (a) of this subsection shall be uniformly applied across user classifications within the utility.

      (d) Beginning on the effective date of this act, the rate attributable to costs for demand, described under (b) of this subsection, shall be established and billed to each utility user classification based on each user classification's burden on the ambulance utility.

      (e) The fee charged by the utility shall reflect a combination of the availability cost and the demand cost.

      (4) The combined rates charged shall reflect an exemption for persons who are medicaid eligible, and may reflect an exemption or reduction for designated classes consistent with Article VIII, section 7 of the state Constitution. The amounts of exemption or reduction shall be a general expense of the utility, and designated as an availability cost, to be spread uniformly across the utility user classifications.

      (5) In each city or town operating an ambulance utility pursuant to this section:

      (a) The legislative authority must continue to allocate at least fifty percent of the total amount of general fund revenues expended, as of May 6, 2004, toward the total costs necessary to regulate, operate, and maintain the ambulance utility.

      However, cities or towns that operated an ambulance service as a public utility as of May 6, 2004, and commingled general fund dollars and ambulance service utility dollars, may reasonably estimate that portion of general fund dollars that were, as of that date, applied toward the operation of the ambulance service utility, and at least fifty percent of such estimated amount must then continue to be applied toward the total cost necessary to regulate, operate, and maintain the ambulance utility.

      (b) The legislative authority must allocate available emergency medical service levy funds, in an amount proportionate to the percentage of the ambulance services costs to the total combined operating costs for emergency medical services and ambulance services, towards the total costs necessary to regulate, operate, and maintain the ambulance utility.

      (c) The legislative authority must allocate all revenues received through direct billing to the individual user of the ambulance service to the demand-related costs under subsection (3)(b) of this section.

      (d) The total revenue generated by the rates and charges shall not exceed the total costs necessary to regulate, operate, and maintain an ambulance utility.

      (e) Revenues generated by the rates and charges must be deposited in a separate fund or funds and be used only for the purpose of paying for the cost of regulating, maintaining, and operating the ambulance utility.

      (6) Ambulance service rates charged pursuant to this section do not constitute taxes or charges under RCW 82.02.050 through 82.02.090, or RCW 35.21.768, or charges otherwise prohibited by law.

      NEW SECTION. Sec. 3. The joint legislative audit and review committee shall study and review ambulance utilities established and operated by cities under this act. The committee shall examine, but not be limited to, the following factors: the number and operational status of utilities established under this act; whether the utility rate structures and user classifications used by cities were established in accordance with generally accepted utility rate-making practices; and rates charged by the utility to the user classifications. The committee shall provide a final report on this review by December, 2007.

      NEW SECTION. Sec. 4. The sum of sixty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2006, from the general fund to the joint legislative audit and review committee for the purposes of the study required by section 3 of this act."

      On page 1, at the beginning of line 2 of the title, strike the remainder of the title and insert "amending RCW 35.21.766; creating new sections; and making an appropriation."

      Senator Kastama spoke in favor of the motion to not adopt the committee striking amendment.

      The President declared the question before the Senate to be the motion by Senator Kastama that the committee striking amendment by the Committee on Government Operations & Elections be not adopted.

      The motion by Senator Kastama carried and the committee striking amendment by the Committee on Government Operations & Elections was not adopted by voice vote.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that ambulance and emergency medical services are essential services and the availability of these services is vital to preserving and promoting the health, safety, and welfare of people in local communities throughout the state. All persons, businesses, and industries benefit from the availability of ambulance and emergency medical services, and survival rates can be increased when these services are available, adequately funded, and appropriately regulated. It is the legislature's intent to explicitly recognize local jurisdictions' ability and authority to collect utility service charges to fund ambulance and emergency medical service systems that are based, at least in some part, upon a charge for the availability of these services.

      Sec. 2. RCW 35.21.766 and 2004 c 129 s 34 are each amended to read as follows:

      (1) Whenever a regional fire protection service authority ((or the legislative authority of any city or town)) determines that the fire protection jurisdictions that are members of the authority ((or the city or town or a substantial portion of the city or town is)) are not adequately served by existing private ambulance service, the governing board of the authority may by resolution((, or the legislative authority of the city or town may by appropriate legislation,)) provide for the establishment of a system of ambulance service to be operated by the authority as a public utility ((of the city or town, or)) operated by contract after a call for bids.

      (2) The legislative authority of any city or town may establish an ambulance service to be operated as a public utility. However, the legislative authority of the city or town shall not provide for the establishment of an ambulance service utility that would compete with any existing private ambulance service, unless the legislative authority of the city or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service. In determining the adequacy of existing ambulance service, the legislative authority of the city or town shall determine if the service is meeting relevant performance standards. Before making any adequacy determination, performance standards shall be established by the city or town through adoption of a resolution or ordinance by its legislative body, which shall first hold one or more public hearings on the subject of proposed performance standards, or any amendment thereto, after giving at least fourteen days' notice of the time and place by publication in a newspaper of general circulation in the city and individual written notice to any private ambulance company registered with the jurisdiction as operating an ambulance service in the city or town, and to the department of health. Performance standards adopted by any city or town shall be no less stringent than existing standards adopted by the department of health or any other agency with applicable jurisdiction, and may include, but not be limited to, standards regarding response times, equipment, personnel, training, communication, dispatch, reporting, and other relevant requirements and expectations.

      (3) The city or town legislative authority is authorized to set and collect rates and charges in an amount sufficient to regulate, operate, and maintain an ambulance utility. Prior to setting such rates and charges, the legislative authority must determine, through a cost-of- service study, the total cost necessary to regulate, operate, and maintain the ambulance utility. Total costs shall not include capital cost for the construction, major renovation, or major repair of the physical plant. For purposes of establishing and setting rates and charges under this section, costs shall be reduced by any revenues collected and described in subsection (5)(a) through (c) of this section. Once the legislative authority determines the total costs, the legislative authority shall then identify that portion of the total costs that are attributable to the availability of the ambulance service and that portion of the total costs that are attributable to the demand placed on the ambulance utility.

      (a) Availability costs are those costs attributable to the basic infrastructure needed to respond to a single call for service within the utility's response criteria. Availability costs may include costs for dispatch, labor, training of personnel, equipment, patient care supplies, and maintenance of equipment.

      (b) Demand costs are those costs that are attributable to the burden placed on the ambulance service by individual calls for ambulance service. Demand costs shall include costs related to frequency of calls, distances from hospitals, and other factors identified in the cost-of-service study conducted to assess burdens imposed on the ambulance utility.

      (c) Beginning on the effective date of this act, the rate attributable to costs for availability described under (a) of this subsection shall be uniformly applied across user classifications within the utility.

      (d) Beginning on the effective date of this act, the rate attributable to costs for demand, described under (b) of this subsection, shall be established and billed to each utility user classification based on each user classification's burden on the ambulance utility.

      (e) The fee charged by the utility shall reflect a combination of the availability cost and the demand cost.

      (4)(a) Except as provided in (b) of this subsection, the combined rates charged shall reflect an exemption for persons who are medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in home services. The combined rates charged may reflect an exemption or reduction for designated classes consistent with Article VIII, section 7 of the state Constitution. The amounts of exemption or reduction shall be a general expense of the utility, and designated as an availability cost, to be spread uniformly across the utility user classifications.

      (b) For cities with a population less than 2,500 that established an ambulance utility before May 6, 2004, the combined rates charged may reflect an exemption or reduction for persons who are medicaid eligible, and for designated classes consistent with Article VIII, section 7 of the state Constitution.

      (5) In each city or town operating an ambulance utility pursuant to this section:

      (a) The legislative authority must continue to allocate at least fifty percent of the total amount of general fund revenues expended, as of May 6, 2004, toward the total costs necessary to regulate, operate, and maintain the ambulance utility.

      However, cities or towns that operated an ambulance service as a public utility as of May 6, 2004, and commingled general fund dollars and ambulance service utility dollars, may reasonably estimate that portion of general fund dollars that were, as of that date, applied toward the operation of the ambulance service utility, and at least fifty percent of such estimated amount must then continue to be applied toward the total cost necessary to regulate, operate, and maintain the ambulance utility.

      (b) The legislative authority must allocate available emergency medical service levy funds, in an amount proportionate to the percentage of the ambulance services costs to the total combined operating costs for emergency medical services and ambulance services, towards the total costs necessary to regulate, operate, and maintain the ambulance utility.

      (c) The legislative authority must allocate all revenues received through direct billing to the individual user of the ambulance service to the demand-related costs under subsection (3)(b) of this section.

      (d) The total revenue generated by the rates and charges shall not exceed the total costs necessary to regulate, operate, and maintain an ambulance utility.

      (e) Revenues generated by the rates and charges must be deposited in a separate fund or funds and be used only for the purpose of paying for the cost of regulating, maintaining, and operating the ambulance utility.

      (6) Ambulance service rates charged pursuant to this section do not constitute taxes or charges under RCW 82.02.050 through 82.02.090, or RCW 35.21.768, or charges otherwise prohibited by law.

      NEW SECTION. Sec. 3. The joint legislative audit and review committee shall study and review ambulance utilities established and operated by cities under this act. The committee shall examine, but not be limited to, the following factors: the number and operational status of utilities established under this act; whether the utility rate structures and user classifications used by cities were established in accordance with generally accepted utility rate-making practices; and rates charged by the utility to the user classifications. The committee shall provide a final report on this review by December, 2007.

      Senator Kastama spoke in favor of adoption of the striking amendment.

POINT OF INQUIRY

Senator Roach: “Would Senator Kastama yield to a question? Thank you Senator Kastama. How does this striking amendment differ from the bill that we passed out of the Senate?”

Senator Kastama: “Thank you very much for that question. I apologize for not bringing that up. It does two things. First of all, it makes sure that we’re talking about Medicaid people who in fact reside in nursing home facilities and boarding homes and in assisted-living facilities. It also addresses the concern of the Senator from the twelfth district. She has an area that has less than twenty-five hundred people in it and this allows them to get reductions for Medicaid individuals within that area. The reason is is so many people live in that area in fact are on Medicaid that is gives them a clear exemption that make it inrefusable fee. Thank you.”

      Senator Roach spoke in favor of adoption of the striking amendment.

MOTIONS

On motion of Senator Mulliken, Senators Johnson and Parlette were excused.

On motion of Senator Regala, Senators Fairley and Keiser were excused.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kastama and Hargrove to Engrossed Substitute House Bill No. 1635.

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

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, at the beginning of line 2 of the title, strike the remainder of the title and insert "amending RCW 35.21.766; and creating new sections."

MOTION

      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 1635, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

POINT OF INQUIRY

Senator Pflug: “Would Senator Kastama yield to a question? Senator, with the measure before us now, is the non-compete language and the non-supplant language. Does that remain in the bill?”

      Senator Kastama: “Yes, there is a, well, there is a process I believe we talked about non-compete language. There’s a process that a local city has to go through to determine that in fact an ambulance services is not sufficient and this lays out an extensive due process that they must go through in stating the performance standards, etc., having public meetings and that is found actually in section two of the piece of legislation. Also it does have supplanting language in it which requires, in fact, they cannot get more than fifty percent of the funds from such a utility. Thank you.”

      Senator Pflug: “They cannot get more than fifty percent of their funds from the utility.”

      Senator Kastama: “Correct. That’s in the bill.”

      Senator Pflug: “So, does it shift the financial burden to private pay then?”

      Senator Kastama: “There is an ability to give a discount to people who are on Medicaid in this. What this does is it has a two part formula. It has it to those people who utilize this service but also a general fee that goes out for the general benefit of everyone. So, right now, the fee would go entirely on the people who utilize this service. This is a way of moderating that.”

      Senators Pflug and Mulliken spoke against passage of the bill.

      Senator Hargrove spoke in favor of passage of the bill.

MOTION

On motion of Senator Weinstein, Senator Poulsen was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1635, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1635, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 34; Nays, 11; Absent, 0; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brown, Deccio, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 34

      Voting nay: Senators Benson, Brandland, Carrell, Esser, Haugen, Hewitt, Mulliken, Pflug, Schoesler, Sheldon and Stevens - 11

      Excused: Senators Johnson, Oke, Parlette and Poulsen - 4

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1635, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1457, by Representatives Haigh, Bailey, Conway, McCoy and McDonald

      Creating the military department capital account and rental and lease account.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, House Bill No. 1457 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Prentice spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1457.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1457 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senator Pflug - 1

      Excused: Senators Johnson, Oke, Parlette and Poulsen - 4

      HOUSE BILL NO. 1457, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1218, by House Committee on Transportation (originally sponsored by Representatives B. Sullivan, Lovick, Eickmeyer, Upthegrove, Ericksen, Morrell, Dickerson, Sells and Ormsby)

      Authorizing endangered wildlife license plates.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 46.16 RCW to read as follows:

      (1) The legislature recognizes that the Endangered Wildlife license plate has been reviewed by the special license plate review board under RCW 46.16.725 and was found to fully comply with all provisions of RCW 46.16.715 through 46.16.775.

      (2) The department shall issue a special license plate displaying a symbol or artwork, approved by the special license plate review board and the legislature, referred to as "Endangered Wildlife license plates," that may be used in lieu of regular or personalized license plates for vehicles required to display one or two vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department.

      NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:

      For the purposes of RCW 46.16.313 and section 1 of this act, the term "Endangered Wildlife license plates" means license plates issued under section 1 of this act that display a symbol or artwork symbolizing endangered wildlife in Washington state.

      Sec. 3. RCW 46.16.313 and 2004 c 221 s 3, 2004 c 48 s 3, and 2004 c 35 s 3 are each reenacted and amended to read as follows:

      (1) The department may establish a fee of no more than forty dollars for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

      (2) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

      (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

      (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

      (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

      (6) Effective with vehicle registrations due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a professional fire fighters and paramedics license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the professional fire fighters and paramedics license plates. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Fire Fighters benevolent fund established under RCW 46.16.30902.

      (7) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a professional fire fighters and paramedics license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the professional fire fighters and paramedics special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the Washington State Council of Fire Fighters benevolent fund established under RCW 46.16.30902.

      (8) Effective with vehicle registrations due or to become due on November 1, 2004, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a "Helping Kids Speak" license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the "Helping Kids Speak" special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak" account established under RCW 46.16.30904.

      (9) Effective with annual renewals due or to become due on November 1, 2005, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a "Helping Kids Speak" license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the "Helping Kids Speak" special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the "Helping Kids Speak" account established under RCW 46.16.30904.

      (10) Effective with vehicle registrations due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of a "law enforcement memorial" license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law enforcement memorial account established under RCW 46.16.30906.

      (11) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of a "law enforcement memorial" license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. Pursuant to RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the law enforcement memorial account established under RCW 46.16.30906.

      (12)(a) Effective with vehicle registrations due or to become due on or after January 1, 2006, in addition to all fees and taxes required to be paid upon application and registration of a vehicle, the holder of an Endangered Wildlife license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the Endangered Wildlife license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state wildlife account. Proceeds credited to the state wildlife account from the sale of the Endangered Wildlife license plates must be used only for the department of fish and wildlife's endangered wildlife program activities.

      (b) Effective with annual renewals due or to become due on or after January 1, 2007, in addition to all fees and taxes required to be paid upon renewal of a vehicle registration, the holder of an Endangered Wildlife license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. Under RCW 46.16.755, the state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the Endangered Wildlife license plate. Upon determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the state wildlife account. Proceeds credited to the state wildlife account from the sale of the Endangered Wildlife license plates must be used only for the department of fish and wildlife's endangered wildlife program activities.

      Sec. 4. RCW 77.12.170 and 2004 c 248 s 4 are each amended to read as follows:

      (1) There is established in the state treasury the state wildlife ((fund)) account which consists of moneys received from:

      (a) Rentals or concessions of the department;

      (b) The sale of real or personal property held for department purposes;

      (c) The sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and shellfish licenses, which shall be deposited into the state general fund;

      (d) Fees for informational materials published by the department;

      (e) Fees for personalized vehicle and Endangered Wildlife license plates as provided in chapter 46.16 RCW;

      (f) Articles or wildlife sold by the director under this title;

      (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320;

      (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;

      (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations;

      (j) The department's share of revenues from auctions and raffles authorized by the commission; and

      (k) The sale of watchable wildlife decals under RCW 77.32.560.

      (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife ((fund)) account."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1218.

      The motion by Senator Haugen carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      In line 1 of the title, after "plates;" strike the remainder of the title and insert "amending RCW 77.12.170; reenacting and amending RCW 46.16.313; and adding new sections to chapter 46.16 RCW."

MOTION

On motion of Senator Stevens, Senator Benton was excused.

MOTION

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1218, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1218, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1218, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Benton, Oke and Poulsen - 3

      SUBSTITUTE HOUSE BILL NO. 1218, as amended by the Senate, 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 Weinstein, Senator Keiser was excused.

SECOND READING

      SECOND SUBSTITUTE HOUSE BILL NO. 1050, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Hinkle, Kagi, Dunn, Quall, Clements, Morrell, McIntire, Schual-Berke, Haigh, Simpson, Linville, Santos and Chase)

      Creating a foster care endowed scholarship program.

      The measure was read the second time.

MOTION

      On motion of Senator McAuliffe, the rules were suspended, Second Substitute House Bill No. 1050 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator McAuliffe spoke in favor of passage of the bill.

MOTION

On motion of Senator Esser, Senators Finkbeiner, Swecker and Zarelli were excused.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1050.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1050 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Deccio and McCaslin - 2

      Excused: Senators Finkbeiner, Oke and Swecker - 3

      SECOND SUBSTITUTE HOUSE BILL NO. 1050, 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.

SECOND READING

      ENGROSSED HOUSE BILL NO. 2185, by Representatives Newhouse, Conway and Condotta

      Establishing residence modifications standards.

      The measure was read the second time.

MOTION

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Labor, Commerce, Research & Development be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 51.36 RCW to read as follows:

      (1) The legislature finds that there is a need to clarify the process and standards under which the department provides residence modification assistance to workers who have sustained catastrophic injury.

      (2) The director shall adopt rules that take effect no later than nine months after the effective date of this section to establish guidelines and processes for residence modification pursuant to RCW 51.36.020(7).

      (3) In developing rules under this section, the director shall consult with interested persons, including persons with expertise in the rehabilitation of catastrophically disabled individuals and modifications for adaptive housing.

      (4) These rules must address at least the following:

      (a) The process for a catastrophically injured worker to access the residence modification benefits provided by RCW 51.36.020; and

      (b) How the department may address the needs and preferences of the individual worker on a case-by-case basis taking into account information provided by the injured worker. For purposes of determining the needs and requirements of the worker under RCW 51.36.020, including whether a modification is medically necessary, the department must consider all available information regarding the medical condition and physical restrictions of the injured worker, including the opinion of the worker's attending health services provider.

      (5) The rules should be based upon nationally accepted guidelines and publications addressing adaptive residential housing. The department must consider the guidelines established by the United States department of veterans affairs in their publication entitled "Handbook for Design: Specially Adapted Housing," and the recommendations published in "The Accessible Housing Design File" by Barrier Free Environments, Inc.

      (6) In developing rules under this section, the director shall consult with other persons with an interest in improving standards for adaptive housing.

      (7) The director shall report by December 2007 to the appropriate committees of the legislature on the rules adopted under this section."

      Senators Kohl-Welles and Hewitt spoke in favor of adoption of the committee striking amendment.

MOTIONS

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

On motion of Senator Rasmussen, Senator Prentice was excused.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Labor, Commerce, Research & Development to Engrossed House Bill No. 2185.

      The motion by Senator Kohl-Welles carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objections, the following title amendment was adopted.

      On page 1, line 1 of the title, after "workers;" strike the remainder of the title and insert "and adding a new section to chapter 51.36 RCW."

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Engrossed House Bill No. 2185, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

MOTION

On motion of Senator Spanel, Senator Doumit was excused.

      The President declared the question before the Senate to be the final passage of Engrossed House Bill No. 2185, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2185, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Deccio, Doumit, Oke, Prentice and Swecker - 5

      ENGROSSED HOUSE BILL NO. 2185, as amended by the Senate, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1699, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Priest and Tom)

      Regulating agreements for the purchase and sale of real estate.

      The measure was read the second time.

MOTION

      Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 64.04.005 and 1991 c 210 s 1 are each amended to read as follows:

      (1)(((a))) A provision in a written agreement for the purchase and sale of real estate which provides for liquidated damages or the forfeiture of an earnest money deposit to the seller as the seller's sole and exclusive remedy if ((the purchaser)) a party fails, without legal excuse, to complete the purchase, is valid and enforceable, regardless of whether the ((seller)) other party incurs any actual damages((, PROVIDED That:

      (i) The total earnest money deposit to be forfeited does not exceed five percent of the purchase price; and

      (ii) The agreement includes an express provision in substantially the following form: "In the event the purchaser fails, without legal excuse, to complete the purchase of the property, the earnest money deposit made by the purchaser shall be forfeited to the seller as the sole and exclusive remedy available to the seller for such failure."

      (b) If the real estate which is the subject of the agreement is being purchased by the purchaser primarily for the purchaser's personal, family, or household purposes, then the agreement provision required by (a)(ii) of this subsection must be:

      (i) In typeface no smaller than other text provisions of the agreement; and

      (ii) Must be separately initialed or signed by the purchaser and seller.

      (2) If an agreement for the purchase and sale of real estate does not satisfy the requirements of subsection (1) of this section, then the seller shall have all rights and remedies otherwise available at law or in equity as a result of the failure of the purchaser, without legal excuse, to complete the purchase.

      (3) Nothing in subsection (1) of this section shall affect or limit the rights of any party to an agreement for the purchase and sale of real estate with respect to:

      (a) Any cause of action arising from any other breach or default by either party under the agreement; or

      (b) The recovery of attorneys' fees in any action commenced with respect to the agreement, if the agreement so provides.

      (4))). However, the amount of liquidated damages or amount of earnest money to be forfeited under this subsection may not exceed five percent of the purchase price.

      (2) For purposes of this section((,)):

      (a) "Earnest money deposit" means any deposit, deposits, payment, or payments of a part of the purchase price for the property, made in the form of cash, check, promissory note, or other things of value for the purpose of binding the purchaser to the agreement and identified in the agreement as an earnest money deposit, and does not include other deposits or payments made by the purchaser; and

      (b) "Liquidated damages" means an amount agreed by the parties as the amount of damages to be recovered for a breach of the agreement by the other and identified in the agreement as liquidated damages, and does not include other deposits or payments made by the purchaser.

      (3) This section does not prohibit, or supersede the common law with respect to, liquidated damages or earnest money forfeiture provisions in excess of five percent of the purchase price. A liquidated damages or earnest money forfeiture provision not meeting the requirements of subsection (1) of this section shall be interpreted and enforced without regard to this statute.

      NEW SECTION. Sec. 2. This act applies to all contracts executed after the effective date of this act.

      NEW SECTION. Sec. 3. 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."

      Senators Kline and McCaslin spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Substitute House Bill No. 1699.

      The motion by Senator Kline carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "estate;" strike the remainder of the title and insert "amending RCW 64.04.005; creating a new section; and declaring an emergency."

MOTION

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1699, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1699, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1699, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Doumit, Oke and Prentice - 3

      SUBSTITUTE HOUSE BILL NO. 1699, as amended by the Senate, 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 McCaslin, Senator Deccio was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1185, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morrell, Haler, Morris, Tom, Green, Jarrett, Clibborn, Moeller, Upthegrove, Pettigrew, Chase, Flannigan, Cody, Newhouse, Wallace, Hasegawa, Quall, Linville, Simpson, B. Sullivan, Sells, Lantz, Schual-Berke, Appleton, Campbell, Darneille, Dickerson, Armstrong, Kenney, Condotta, Kagi, Ormsby, Hunt, McIntire, Haigh and Kilmer)

      Prohibiting disclosure of personal wireless numbers.

      The measure was read the second time.

MOTION

      Senator Fairley moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to Title 19 RCW to read as follows:

      (1) A radio communications service company, as defined in RCW 80.04.010, or any direct or indirect affiliate or agent of a provider, shall not include the phone number of any subscriber for inclusion in any directory of any form, nor shall it sell the contents of any directory data base, without first obtaining the express, opt-in consent of that subscriber. The subscriber's consent must be obtained either in writing or electronically, and a receipt must be provided to the subscriber. The consent shall be a separate document or located on a separate screen or web page that has the sole purpose of authorizing a radio communications service company to include the subscriber's phone number in a publicly available directory assistance data base. In obtaining the subscriber's consent, the provider shall unambiguously disclose that, by consenting, the subscriber agrees to have the subscriber's phone number sold or licensed as part of a list of subscribers and that the phone number may be included in a publicly available directory assistance data base. The provider must also disclose that by consenting to be included in the directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages.

      (2) A subscriber who provides express consent pursuant to subsection (1) of this section may revoke that consent at any time. A radio communications service company shall comply with the subscriber's request to opt out within a reasonable period of time, not to exceed sixty days.

      (3) A subscriber shall not be charged for opting not to be listed in the directory.

      (4) This section does not apply to the provision of telephone numbers, for the purposes indicated, to:

      (a) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit corporation operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property. Information or records provided to a private for-profit corporation pursuant to (b) of this subsection shall be held in confidence by that corporation and by any individual employed by or associated with that corporation. Such information or records shall not be open to examination for any purpose not directly connected with the administration of the services specified in this subsection;

      (b) A lawful process issued under state or federal law;

      (c) A telecommunications company providing service between service areas for the provision of telephone services to the subscriber between service areas, or to third parties for the limited purpose of providing billing services;

      (d) A telecommunications company to effectuate a customer's request to transfer the customer's assigned telephone number from the customer's existing provider of telecommunications services to a new provider of telecommunications services;

      (e) The utilities and transportation commission pursuant to its jurisdiction and control over telecommunications companies; and

      (f) A sales agent to provide the subscriber's cell phone numbers to the cellular provider for the limited purpose of billing and customer service.

      (5) Every knowing violation of this section is punishable by a fine of up to five hundred dollars for each violation.

      (6) The attorney general may bring actions to enforce compliance with this section. For the first violation by any company or organization of this section, the attorney general may notify the company with a letter of warning that the section has been violated.

      (7) A person aggrieved by a violation of this section may bring a civil action in superior court to enjoin future violations, to recover damages, or both. The court shall award damages of at least five hundred dollars for each individual violation of this section. If the aggrieved person prevails in a civil action under this subsection, the court shall award the aggrieved person reasonable attorneys' fees and cost of the suit.

      (8) No telecommunications company, nor any official or employee of a telecommunications company, shall be subject to criminal or civil liability for the release of customer information as authorized by this section."

PARLIAMENTARY INQUIRY

Senator Kline: “We have two amendments, one by the good Senator and one by myself. Both start on page 2, line 35, that is, they start at exactly the same place, would normally have the same sequence. These are competing amendments. In order to allow the body to make a choice between one and the other, should we have debate that focuses on each respectively so that a vote is a vote knowing which amendment is being rejected and which is being favored by each member?”

REMARKS BY THE PRESIDENT

President Owen: “Senator Kline, it would not be appropriate to bring up both amendments at the same time. However, you can reference the difference. I think that would be totally appropriate at the time of the debate on the specific amendment.”

MOTION

Senator Hargrove moved that the following amendment by Senators Hargrove, Schoesler and Weinstein to the committee striking amendment be adopted.

      On page 2, line 30 of the amendment, strike "five hundred" and insert "fifty thousand"

      Senator Hargrove spoke in favor of adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Schoesler and Weinstein on page 2, line 30 to the committee striking amendment to Substitute House Bill No. 1185.

The motion by Senator Hargrove carried and the amendment to the committee striking amendment was adopted by voice vote.

MOTION

Senator Fairley moved that the following amendment by Senator Fairley to the committee striking amendment be adopted.

      Beginning on page 2, line 35 of the amendment, after "(7)" strike all material through "(8)" on page 3, line 4

      Senators Fairley, Benton and Berkey spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Kline and Weinstein spoke against adoption of the amendment to the committee striking amendment.

MOTION

On motion of Senator Mulliken, Senator Parlette was excused.

The President declared the question before the Senate to be the adoption of the amendment by Senator Fairley on page 2, line 35 to the committee striking amendment to Substitute House Bill No. 1185.

MOTION

      A division was demanded.

The motion by Senator Fairley carried and the amendment to the committee striking amendment was adopted by a rising vote.

MOTION

Senator Kline moved that the following amendment by Senator Kline to the committee striking amendment be adopted.

      Beginning on page 2, line 35 of the amendment, after "(7)" strike all material through "suit." on page 3, line 3 and insert "A person aggrieved by a violation of this section may bring a civil action in superior court or in the small claims division of district court. The civil action may be to enjoin future violations, to recover damages, or both. The court shall award damages of at least one thousand dollars and up to two thousand dollars for each individual violation of this section. If the aggrieved person prevails in a civil action for injunction in superior court under this subsection, the court shall award the aggrieved person reasonable attorneys' fees and costs of the suit. The district court may award costs, but not attorneys' fees, to a successful plaintiff under this subsection."

      Senators Kline, Fraser and Weinstein spoke in favor of adoption of the amendment to the committee striking amendment.

      Senator Benton spoke against adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Kline on page 2, line 35 to the committee striking amendment to Substitute House Bill No. 1185.

MOTION

      A division was demanded.

The motion by Senator Kline failed and the amendment to the committee striking amendment was not adopted by a rising vote.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection as amended to Substitute House Bill No. 1185.

      The motion by Senator Fairley carried and the committee striking amendment as amended was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, at the beginning of line 2 of the title, strike the remainder of the title and insert "adding a new section to Title 19 RCW; and prescribing penalties."

MOTION

      On motion of Senator Fairley, the rules were suspended, Substitute House Bill No. 1185, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fairley and Benson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1185, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1185, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senator Brown - 1

      Excused: Senators Doumit, Oke and Prentice - 3

      SUBSTITUTE HOUSE BILL NO. 1185, as amended by the Senate, 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 3:21 p.m., on motion of Senator Eide, the Senate was declared to be at recess for fifteen minutes.

The Senate was called to order at 3:36 p.m. by President Owen.

MOTION

At 3:37 p.m., on motion of Senator Spanel, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 3:46 p.m. by President Owen.

SECOND READING

      HOUSE BILL NO. 1247, by Representatives Morris and Schindler

      Charging manufactured housing communities for water and sewer connections.

      The measure was read the second time.

MOTION

      Senator Fairley moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 35.91.040 and 1965 c 7 s 35.91.040 are each amended to read as follows:

      ((No)) (1) A person, firm, or corporation ((shall)) may not be granted a permit or be authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed in such contract without first paying to the municipality, in addition to any and all other costs and charges made or assessed for such tap, or use, or for the water lines or sewers constructed in connection therewith, the amount required by the provisions of the contract under which the water or sewer facilities so tapped into or used were constructed. All amounts so received by the municipality shall be paid out by it under the terms of such contract within sixty days after the receipt thereof. Whenever any tap or connection is made into any such contracted water or sewer facilities without such payment having first been made, the governing body of the municipality may remove, or cause to be removed, such unauthorized tap or connection and all connecting tile, or pipe located in the facility right of way and dispose of unauthorized material so removed without any liability whatsoever.

      (2) A tap or connection charge under this section for service to a manufactured housing community, as defined in RCW 59.20.030, applies to an individual lot within that community only if the municipality provides and maintains the tap-in connection.

      Sec. 2. RCW 36.94.140 and 2003 c 394 s 4 are each amended to read as follows:

      (1) Every county, in the operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate, and control it. Except as provided in subsection (3) of this section, every county shall have full jurisdiction and authority to fix, alter, regulate, and control the rates and charges for the service and facilities to those to whom such service and facilities are available, and to levy charges for connection to the system.

      (2) The rates for availability of service and facilities, and connection charges so charged must be uniform for the same class of customers or service and facility. In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the county legislative authority may consider any or all of the following factors:

      (a) The difference in cost of service to the various customers within or without the area;

      (b) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;

      (c) The different character of the service and facilities furnished various customers;

      (d) The quantity and quality of the sewage and/or water delivered and the time of its delivery;

      (e) Capital contributions made to the system or systems, including, but not limited to, assessments;

      (f) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety;

      (g) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user; and

      (h) Any other matters which present a reasonable difference as a ground for distinction.

      (3) The rate a county may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.

      (4) A county may provide assistance to aid low-income persons in connection with services provided under this chapter.

      (5) The service charges and rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.

      (6) A connection charge under this section for service to a manufactured housing community, as defined in RCW 59.20.030, applies to an individual lot within that community only if the system of water or sewerage provides and maintains the connection."

      Senator Fairley spoke in favor of adoption of the committee striking amendment.

MOTION

On motion of Senator Finkbeiner, Senators Parlette and Honeyford were excused.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to House Bill No. 1247.

      The motion by Senator Fairley carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "connections;" strike the remainder of the title and insert "and amending RCW 35.91.040 and 36.94.140."

MOTION

      On motion of Senator Fairley, the rules were suspended, House Bill No. 1247, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fairley and Benson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1247, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1247, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Brandland and Delvin - 2

      Excused: Senators Honeyford, Oke and Parlette - 3

      HOUSE BILL NO. 1247, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1534, by Representatives Green, Hinkle, Cody, Morrell, Schual-Berke, Skinner, Curtis, Clibborn, Campbell and Kagi

      Identifying health care providers covered by the retired health care provider liability malpractice insurance program.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1534 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Deccio spoke in favor of passage of the bill.

      Senator Pflug spoke on final passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1534.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1534 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senators Brandland and Hargrove - 2

      Excused: Senator Oke - 1

      HOUSE BILL NO. 1534, 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 Regala, Senator Hargrove was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2073, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Moeller and Chase)

      Revising juvenile sentencing alternatives.

      The measure was read the second time.

MOTION

      Senator Regala moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 13.40.167 and 2003 c 378 s 4 are each amended to read as follows:

      (1) When an offender is subject to a standard range ((commitment of 15 to 65 weeks)) disposition involving confinement by the department, the court may:

      (a) Impose the standard range; or

      (b) Suspend the standard range disposition on condition that the offender complies with the terms of this mental health disposition alternative.

      (2) The court may impose this disposition alternative when the court finds the following:

      (a) The offender has a current diagnosis, consistent with the American psychiatry association diagnostic and statistical manual of mental disorders, of axis I psychiatric disorder, excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse disorder, paraphilia, or pedophilia;

      (b) An appropriate treatment option is available in the local community;

      (c) The plan for the offender identifies and addresses requirements for successful participation and completion of the treatment intervention program including: Incentives and graduated sanctions designed specifically for amenable youth, including the use of detention, detoxication, and in-patient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and vocational advocates, child welfare services, and family and community support. For any mental health treatment ordered for an offender under this section, the treatment option selected shall be chosen from among programs which have been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles and identified as research-based best practice programs. A list of programs which meet these criteria shall be agreed upon by: The Washington association of juvenile court administrators, the juvenile rehabilitation administration of the department of social and health services, a representative of the division of public behavioral health and justice policy at the University of Washington, and the Washington institute for public policy. The list of programs shall be created not later than July 1, 2003. The group shall provide the list to all superior courts, its own membership, the legislature, and the governor. The group shall meet annually and revise the list as appropriate; and

      (d) The offender, offender's family, and community will benefit from use of the mental health disposition alternative.

      (3) The court on its own motion may order, or on motion by either party, shall order a comprehensive mental health evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a co-occurring chemical dependency disorder. The evaluation shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense, an assessment of the offender's mental health and drug-alcohol problems and previous treatment attempts, and the offender's social, criminal, educational, and employment history and living situation.

      (4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:

      (a) The availability of treatment;

      (b) Anticipated length of treatment;

      (c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;

      (d) The education plan;

      (e) The residential plan; and

      (f) The monitoring plan.

      (5) The court on its own motion may order, or on motion by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion shall select the evaluator. The requesting party shall pay the cost of any examination ordered under this subsection and subsection (3) of this section unless the court finds the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

      (6) Upon receipt of the assessments, evaluations, and reports the court shall consider whether the offender and the community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.

      (7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition ((of not more than 65 weeks)), suspend execution of the disposition, and place the offender on community supervision up to one year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs, shall be limited to thirty days. As a condition of a suspended disposition, the court shall require the offender to participate in the recommended treatment interventions.

      (8) The treatment providers shall submit monthly reports to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, medication management, the offender's relative progress in treatment, and any other material specified by the court at the time of the disposition.

      (9) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.

      (10) An offender is ineligible for the mental health disposition option under this section if ((the offender is adjudicated of a sex or violent offense as defined in RCW 9.94A.030)):

      (a) The offender is ordered to serve a disposition for a firearm violation under RCW 13.40.193; or

      (b) The offense for which the disposition is being considered is:

      (i) An offense category A+, A, or A- offense, or an attempt, conspiracy, or solicitation to commit a class A+, A, or A- offense;

      (ii) Manslaughter in the second degree (RCW 9A.32.070);

      (iii) A sex offense as defined in RCW 9.94A.030; or

      (iv) Any offense category B+ or B offense, when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon.

      (11) Subject to funds appropriated for this specific purpose, the costs incurred by the juvenile courts for the mental health and chemical dependency evaluations, treatment, and costs of supervision required under this act shall be paid by the department's juvenile rehabilitation administration."

      Senators Regala and Stevens spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 2073.

      The motion by Senator Regala carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "alternatives;" strike the remainder of the title and insert "and amending RCW 13.40.167."

MOTION

      On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 2073, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

MOTION

On motion of Senator Mulliken, Senator Brandland was excused.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2073, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2073, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Brandland and Oke - 2

      SUBSTITUTE HOUSE BILL NO. 2073, as amended by the Senate, 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 Thibaudeau, Senator Prentice was excused.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1475, by House Committee on Transportation (originally sponsored by Representatives Schual-Berke, Jarrett, Murray, Kessler, Wood, Skinner, Hankins, Woods, Dunshee, Wallace, Dickerson, Upthegrove, Curtis, Lovick and Morrell)

      Modifying child passenger restraint provisions.

      The measure was read the second time.

MOTION

Senator Benton moved that the following striking amendment by Senator Benton be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.61.687 and 2003 c 353 s 5 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)) or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child ((will)) must 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.

      (7) A person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct."

WITHDRAWAL OF AMENDMENT

      On motion of Senator Benton, the striking amendment by Senator Benton to Engrossed Substitute House Bill No. 1475 was withdrawn.

MOTION

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 1475 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1475.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1475 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brown, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 32

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Esser, Hargrove, Hewitt, McCaslin, Morton, Mulliken, Parlette, Roach, Schoesler, Stevens and Zarelli - 15

      Excused: Senators Brandland and Oke - 2

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1475, 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.

SECOND READING

      HOUSE BILL NO. 1864, by Representatives Kilmer, Woods, Lantz, Appleton, Green and Hasegawa

      Modifying citizen oversight of toll charges.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 47.46.090 and 2002 c 114 s 6 are each amended to read as follows:

      (1) A citizen advisory committee must be created for any project developed under this chapter that imposes toll charges for use of a transportation facility. The governor shall appoint nine members to the committee, all of whom must be permanent residents of the affected project area((, as that term is used in RCW 47.46.030)) as defined for each project. Members of the committee shall serve without compensation.

      (2) The citizen advisory committee shall serve in an advisory capacity to the commission on all matters related to the imposition of tolls((. Members of the committee shall serve without compensation)) including, but not limited to, (a) the feasibility of providing discounts to frequent users, electronic transponder users, senior citizens, or students; (b) the tradeoff of lower tolls versus the early retirement of debt; and (c) a consideration of variable, or time of day pricing.

      (3) No toll charge may be imposed or modified unless the citizen advisory committee has been given at least twenty days to review and comment on any proposed toll charge schedule. In setting toll rates, the commission shall give consideration to any recommendations of the citizen advisory committee.

      NEW SECTION. Sec. 2. A new section is added to chapter 47.46 RCW to read as follows:

      The Tacoma Narrows bridge citizen advisory committee is hereby created as directed under RCW 47.46.090. The advisory committee members shall be appointed proportionately, to the extent practicable, from those areas from which the majority of the trips originate on the bridge according to the latest traffic analysis by the department."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to House Bill No. 1864.

      The motion by Senator Haugen carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "oversight;" strike the remainder of the title and insert "amending RCW 47.46.090; and adding a new section to chapter 47.46 RCW."

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1864, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

MOTION

On motion of Senator Weinstein, Senator Regala was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1864, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1864, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Finkbeiner and Hargrove - 2

      Excused: Senators Brandland, Oke and Regala - 3

      HOUSE BILL NO. 1864, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1002, by Representatives Fromhold, Moeller, Murray, Hunter and Jarrett

      Restricting the use of compression brakes.

      The measure was read the second time.

MOTION

      Senator Swecker moved that the following committee amendment by the Committee on Transportation be adopted.

      On page 4, after line 17, strike section 3.

      Senator Swecker spoke in favor of adoption of the committee amendment.

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Transportation to House Bill No. 1002.

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

MOTION

      On motion of Senator Swecker, the rules were suspended, House Bill No. 1002, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Swecker spoke in favor of passage of the bill.

MOTION

On motion of Senator Mulliken, Senator Finkbeiner was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1002, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1002, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 41

      Voting nay: Senators Morton, Mulliken, Parlette, Schoesler, Sheldon and Stevens - 6

      Excused: Senators Oke and Regala - 2

      HOUSE BILL NO. 1002, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1999, by Representatives Nixon, Flannigan, McDonald and Wood

      Clarifying civil liability for traffic infractions when vehicle title is transferred.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee amendment by the Committee on Transportation be adopted.

      On page 2, after line 19, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 46.63 RCW to read as follows:

      (1) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the issuing agency by return mail:

      (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

      (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred.

      Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

      (2) For the purpose of this section, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions, high-occupancy toll lane violations, and violations recorded by automated traffic safety cameras."

      Senator Haugen spoke in favor of adoption of the committee amendment.

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Transportation to House Bill No. 1999.

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

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1999, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1999, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1999, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Oke and Regala - 2

      HOUSE BILL NO. 1999, as amended by the Senate, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1995, by House Committee on Capital Budget (originally sponsored by Representatives Lantz, Skinner, Hunt, Moeller and Upthegrove)

      Concerning historic public facilities.

      The measure was read the second time.

MOTION

      Senator Fraser moved that the following committee amendment by the Committee on Ways & Means be adopted.

      On page 2, line 11, after "areas" insert "not including state-owned aquatic lands in these areas managed by the department of natural resources under RCW 79.90.450"

      Senator Fraser spoke in favor of adoption of the committee amendment.

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Ways & Means to Substitute House Bill No. 1995.

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

MOTION

      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1995, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fraser and Hewitt spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1995, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1995, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Oke and Regala - 2

      SUBSTITUTE HOUSE BILL NO. 1995, as amended by the Senate, 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.

SECOND READING

      SENATE BILL NO. 5615, by Senators Franklin, Delvin, Kohl-Welles, Parlette, Roach, Brown, Schmidt, Berkey, McAuliffe and Oke

      Receiving a disability allowance under the law enforcement officers' and fire fighters' retirement system, plan 2.

MOTIONS

      On motion of Senator Franklin, Substitute Senate Bill No. 5615 was substituted for Senate Bill No. 5615 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 5615 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Franklin and Delvin 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. 5615.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5615 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Oke and Regala - 2

      SUBSTITUTE SENATE BILL NO. 5615, 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.

SECOND READING

      HOUSE BILL NO. 1110, by Representatives Eickmeyer, B. Sullivan, Hinkle, Haler and Newhouse

      Modifying recertification standards for private applicators of pesticides.

      The measure was read the second time.

MOTION

      Senator Rasmussen moved that the following committee amendment by the Committee on Agriculture & Rural Economic Development be adopted.

      On page 1, line 19, after "((eight))" strike "twelve" and insert "ten"

      Senator Rasmussen spoke in favor of adoption of the committee amendment.

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Agriculture & Rural Economic Development to House Bill No. 1110.

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

MOTION

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1110, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of House Bill No. 1110, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1110, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senator Pridemore - 1

      Excused: Senators Oke and Regala - 2

      HOUSE BILL NO. 1110, as amended by the Senate, 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.

SECOND READING

      HOUSE BILL NO. 1237, by Representatives Newhouse, Cody, Clements, Bailey, Roach, Morrell, Lovick, Simpson, Murray, Chase, Kagi and Wallace

      Describing specialized commercial vehicles used for patient transportation.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 1237 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen spoke in favor of passage of the bill.

POINT OF INQUIRY

Senator Jacobsen: “Would Senator Haugen yield to a question? What’s a banana cart? What’s it got to do with transporting patients?

Senator Haugen: “I knew that you were going to ask that. Remember we had pictures in committee that showed us that a banana cart was a type of stretcher that people who have to be either prone or in some kind of reclining position can ride on it. It’s a little easier for them to be moved by.”

MOTION

On motion of Senator Zarelli, Senator Esser was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1237.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1237 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senator Brandland - 1

      Excused: Senators Esser, Oke and Regala - 3

      HOUSE BILL NO. 1237, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1009, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Upthegrove, Conway, Hudgins, Morrell, Kenney, P. Sullivan, B. Sullivan, Dunn, McCoy, Wallace and Chase)

      Allowing electronic payment of utility bills.

      The measure was read the second time.

MOTION

      Senator Rockefeller moved that the following committee striking amendment by the Committee on Water, Energy & Environment be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

      (1) By July 1, 2008, a city or town that provides electric, natural gas, water, or sewer services to retail customers must offer an electronic payment option that its customers may use for payment of bills for service provided through the utility. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a city or town that provides electric, natural gas, water, or sewer services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 2. A new section is added to chapter 35.67 RCW to read as follows:

      (1) By July 1, 2008, a city or town that provides sewer services to retail customers must offer an electronic payment option that its customers may use for payment of bills for service provided through the utility. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a city or town that provides sewer services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 3. A new section is added to chapter 35.92 RCW to read as follows:

      (1) By July 1, 2008, a city or town that provides electric, natural gas, water, or sewer services to retail customers must offer an electronic payment option that its customers may use for payment of bills for service provided through the utility. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a city or town that provides electric, natural gas, water, or sewer services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 4. A new section is added to chapter 36.94 RCW to read as follows:

      (1) By July 1, 2008, a county that operates a sewerage or water system must offer an electronic payment option that its retail customers may use for payment of bills for service provided through the utility. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a county that operates a sewerage or water system with less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 5. A new section is added to chapter 54.16 RCW to read as follows:

      (1) By July 1, 2008, a public utility district that provides electric, water, or sewer services to retail customers must offer an electronic payment option that its customers may use for payment of bills for service provided through the district. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a public utility district that provides electric, water, or sewer services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 6. A new section is added to chapter 57.08 RCW to read as follows:

      (1) By July 1, 2008, a district that operates a sewer or water system must offer an electronic payment option that its retail customers may use for payment of bills for service provided through the district. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a district that operates a sewer or water system with less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 7. A new section is added to chapter 80.28 RCW to read as follows:

      (1) By July 1, 2008, a gas company, electrical company, or water company that provides gas, electric, or water services to retail customers must offer an electronic payment option that its retail customers may use for payment of bills for service provided through the company. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a gas company, electrical company, or water company that provides gas, electric, or water services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 8. A new section is added to chapter 80.36 RCW to read as follows:

      (1) By July 1, 2008, a telecommunications company that provides telecommunications services to retail customers must offer an electronic payment option that its retail customers may use for payment of bills for service provided through the company. Additional fees or costs charged to the customer may not exceed the actual cost of providing an electronic payment option.

      (2) The requirement under this section to provide an electronic payment option by July 1, 2008, does not apply to a telecommunications company that provides telecommunications services to less than five thousand retail customer accounts.

      (3) For the purposes of this section, "electronic payment option" means any payment system, other than a system using transactions originating by check, draft, or similar paper instrument, that is conducted by telephone, computer, or similar communications device. "Electronic payment option" includes on-line credit and debit card payment systems, on-line banking and money-transfer systems, and electronic fund transfers. "Electronic payment option" also includes an internet-based method of payment that allows a customer, at the time of payment, to access an internet web page and transmit text or data controlling the amount of the payment, the date of payment, and the account from which the payment will be made.

      NEW SECTION. Sec. 9. 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."

      Senator Rockefeller spoke in favor of adoption of the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Water, Energy & Environment to Substitute House Bill No. 1009.

      The motion by Senator Rockefeller carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 1 of the title, after "electronically;" strike the remainder of the title and insert "adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.67 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 36.94 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 57.08 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 80.36 RCW; and declaring an emergency."

MOTION

      On motion of Senator Rockefeller, the rules were suspended, Substitute House Bill No. 1009, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rockefeller and Poulsen spoke in favor of passage of the bill.

      Senators Morton, Honeyford, Carrell, Sheldon, Schoesler and Stevens spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1009, as amended by the Senate.

MOTION

On motion of Senator Eide, further consideration of Substitute House Bill No. 1009 was deferred and the bill held its place on the third reading calendar.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1397, by House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Morris, B. Sullivan, Anderson, Appleton, Wallace, P. Sullivan, Kenney, Campbell, Rodne, Hunt, Priest, Springer, Tom, Lovick, Quall, Pettigrew, Kirby, Clibborn, Kilmer, Dunshee, Dickerson, Ericks, Green, Sells, Hasegawa, Upthegrove, Williams, Moeller, McIntire, Chase, Simpson, McDermott, Hudgins and Wood)

      Changing vehicle emission standards provisions.

      The measure was read the second time.

MOTION

Senator Hargrove moved that the following amendment by Senator Hargrove be adopted.

      On page 2, line 29 after “January 1, 2005" insert “, except as provided in this chapter” 

      On page 2, line 35, after "clean air act)." insert the following:

"Notwithstanding other provisions of this chapter, the department of ecology shall not adopt the zero emission vehicle program regulations contained in Title 13 section 1962 of the California Code of Regulations effective January 1, 2005."

      Senators Hargrove, Poulsen and Pridemore spoke in favor of adoption of the amendment.

      Senators Carrell and Morton spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 2, line 29 to Engrossed Substitute House Bill No. 1397.

MOTION

      A division was demanded.

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

MOTION

Senator Doumit moved that the following amendment by Senator Doumit be adopted.

      On page 2, line 30 after "2005." strike "By December 31, 2005,

      On page 3, line 4 after "governor." strike everything through "later." on line and insert "The rules shall be effective only for those model years for which the state of Oregon has adopted the California motor vehicle emission standards."

      Senators Doumit and Poulsen spoke in favor of adoption of the amendment.

      Senator Morton spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Doumit on page 2, line 30 to Engrossed Substitute House Bill No. 1397.

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

MOTION

Senator Hargrove moved that the following amendment by Senators Hargrove, Brown and Eide be adopted.

      On page 4, after line 10 insert the following:

      "NEW SECTION. Sec. 4. Individual automobile manufacturers may certify independent automobile repair shops to perform warranty service on the manufacturers' vehicles. Upon certification of the independent automobile repair shops, the manufacturers shall compensate the repair shops at the same rate as franchised dealers for covered warranty repair services.

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Hargrove and Eide spoke in favor of adoption of the amendment.

      Senator Morton spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Brown and Eide on page 4, after line 10 to Engrossed Substitute House Bill No. 1397.

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

MOTION

Senator Hargrove moved that the following amendment by Senator Hargrove be adopted.

      On page 7, line 19 strike everything after "(1)" through "ecology" on line 20 and insert the following:

      "(a) Is consistent with the vehicle emission standards as adopted by the department of ecology; (b) is consistent with the carbon dioxide equivalent emission standards as adopted by the department of ecology; and (c) has a California certification label for (i) all emission standards, and (ii) carbon dioxide equivalent emission standards necessary to meet fleet average requirements"

      Senators Hargrove, Franklin and Poulsen spoke in favor of adoption of the amendment.

      Senators Carrell, Kline, Benson and Morton spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 7, line 19 to Engrossed Substitute House Bill No. 1397.

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

MOTION

      On motion of Senator Poulsen, the rules were suspended, Engrossed Substitute House Bill No. 1397, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rockefeller, Pridemore, Brown spoke in favor of passage of the bill.

      Senators Stevens, Mulliken spoke against passage of the bill.

POINT OF ORDER

Senator Honeyford: “Mr. President, I rise to ask the President of the Senate for a ruling on this measure, Engrossed Substitute House Bill No. 1397. I rise for this point of order because I’m concerned this bill with its general reference to California’s Title 13 may not be a lawful delegation of legislative authority. According to our State Supreme Court, legislation of delegation of rule-making authority must satisfy certain due process standards. The people of this state must not be left to guess which vague standards do and do not apply. What authority our state agencies have and have not been given and what it would take to comply. The bill violates due process precisely because primary reference to Title 13 is so vague. It’s void for vagueness. Further, our Supreme Court has said that the legislature must provide adequate procedural safeguards. To quote, ‘to control arbitrary administrative action and any administrative abuse of discretionary power.’ If, as our Supreme Court’s Barry case [Barry and Barry, Inc. v. State Department of Motor Vehicles, 81 Wn.2d 155 (1972). Ed.] indicates, it is improper to delegate authority to one of our own agencies without clear sideboards, it must be even more of a problem to delegate such vague authority to California and the bureaucrats of its Air Resource Board. Even worse, the bill provides no oversight mechanism for this legislative, this legislature’s review of future rule-making. It provides no opportunity to prevent abuses of discretion within the California process. This bill does not provide sufficient due process and again is void for vagueness and it lacks adequate procedural safeguards. For this reason the bill seems to be unconstitutional.”

      Senator Hargrove spoke against the point of order.

PARLIAMENTARY INQUIRY

Senator Brown: “Thank you Mr. President. I’m sorry but I did not quite understand the issue that Senator Honeyford was raising. What he was asking the President? How he was asking the President to rule? I just wasn’t clear on what specific thing he was asking you to rule on. Perhaps if that can restated, it would be easier to respond.”

RESPONSE BY THE PRESIDENT

President Owen: “The President only allows one response on either side and that response has been made. I would ask for – it would appear to be that Senator Honeyford has that written and I would be happy to provide that to you as we examine it.”

PARLIAMENTARY INQUIRY

Senator Benton: “Thank you Mr. President. My question is, whether not the bill would require a two-thirds vote and whether or not it’s properly before us? This is a separate point of order, Mr. President. Separate from the last one. If I may continue? Thank you, Mr. President. Referencing the constitution of the State of Washington clearly says that in article two, section 1 that legislative powers, where vested, the legislative authority of the State of Washington shall be vested in the legislature consisting of the Senate and House of Representatives which shall be called the Legislature of the State of Washington, but the people reserve to themselves the power to oppose bills, laws, etc. Furthermore, in Senate Rules, it states that amendments to the state constitution may be proposed in either branch of the legislature only by joint resolution, this is under Rule Fourteen, Mr. President. The measure before us is an Engrossed Substitute House Bill not a house or senate joint memorial and I submit to the President since it enacts laws passed in the State of California rather than in the State of Washington and submits the citizens of the State of Washington to future laws that may be passed by the State of California, that it is in fact a change to the Washington State Constitution and therefore should be before this body in the form of a joint resolution rather than in the form of a house or senate bill and as such would then require a two-thirds vote for approval to be put to the people of the State of Washington for their vote and I would ask that you rule on that Mr. President.”

POINT OF ORDER

Senator Kline: “In the event that you feel that you need responsive argument regarding the constitutionality, I recognize the President does not rule on constitutionality. We have a legal argument to the effect that if it is unconstitutional as a bill, regular house bill that some how that would change if it were a resolution, if you feel you need further argument.”

REPLY BY THE PRESIDENT

President Owen: “You have the option to make one if you want. I have pretty good legal advisors up here.”

RULING BY THE PRESIDENT

      President Owen: “In ruling upon the points of inquiry raised by Senator Honeyford and Senator Benton that House Bill 1397 is not properly before us for various legal, constitutional, and format reasons, the President finds and rules as follows:

      The President begins by reminding the body that he does not make legal or constitutional interpretations as to the substantive law within a measure; instead, the President rules on parliamentary matters and those Constitutional or legal mandates affecting the vote on a particular matter. While there may be legal challenges that can be raised as to the substantive law in a bill, those challenges are better left to the courts for their decision. Moreover, with respect to the challenge that this measure should have been placed within a Joint Resolution because it amends the Constitution, the President finds that no where within the express text of the bill does it amend any language found within the Washington Constitution. If the body believes a Constitutional amendment is necessary, it would need, of course, to make such an amendment in the form of a Joint Resolution, but this does not preclude the body from taking up the language in this bill. For these reasons, the points are not well-taken and this measure is properly before the body for its consideration.”

MOTION

      Senator Eide demanded the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

      The President declared the question before the Senate to be the motion of Senator Eide, “Shall the main question be now put?”

MOTION

      A division was demanded.

      The motion by Senator Eide that the previous question be put carried by a rising vote.

MOTION

      Senator Esser demanded a roll call vote.

      The President declared that at least one-sixth of the Senate joined the demand and the demand was sustained.

      The President declared the question before the Senate to be the motion by Senator Eide “Shall the main question be now put?”

ROLL CALL

      The Secretary called the roll on the motion by Senator Eide “Shall the main question be now put?” and the motion carried by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 26.

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22.

      Excused: Senator Oke - 1.

MOTION FOR IMMEDIATE RECONSIDERATION

      Senator Pflug, having voted on the prevailing side, moved that the rules be suspended and that the Senate immediately reconsider the vote by which the motion by Senator Eide that the previous question be put passed the Senate.

      Senator Brown objected to the motion.

      Senator Pflug spoke in favor of the motion.

      The President declared the question before the Senate to be the motion by Senator Pflug to immediately reconsider the vote by which the motion by Senator Eide that the previous question be put passed the Senate.

      The motion by Senator Pflug failed and the vote on the motion by Senator Eide was not reconsidered by voice vote.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1397, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1397, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 29

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 19

      Excused: Senator Oke - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1397, as amended by the Senate, 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.

NOTICE FOR RECONSIDERATION

      Having voted on the prevailing side, Senator Hewitt gave notice of his intent to move to reconsider the vote by which Engrossed Substitute House Bill No. 1397 passed the Senate.

MOTION

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and allows for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

MOTION

At 6:29 p.m., on motion of Senator Eide, the Senate was declared to be recessed until 7:30 p.m.

EVENING SESSION

      The Senate was called to order at 7:30 p.m. by President Owen.

MOTION

      On motion of Senator Eide, the Senate reverted to the third order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Fairley, moved that Gubernatorial Appointment No. 9295, Scott Jarvis, as a Director of the Department of Financial Institutions, be confirmed.

      Senator Fairley spoke in favor of the motion.

MOTION

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

APPOINTMENT OF SCOTT JARVIS

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9295, Scott Jarvis as a Director of the Department of Financial Institutions.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9295, Scott Jarvis as a Director of the Department of Financial Institutions and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43

      Absent: Senators Delvin, Hargrove and Prentice - 3

      Excused: Senators Deccio, McCaslin and Oke - 3

Gubernatorial Appointment No. 9295, Scott Jarvis, having received the constitutional majority was declared confirmed as a Director of the Department of Financial Institutions.

MOTION

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 2124, by House Committee on Transportation (originally sponsored by Representatives Murray, Jarrett, Simpson, Hudgins, Upthegrove, Sells, Wallace, Dickerson, B. Sullivan, Moeller, Kenney and Hasegawa)

      Increasing state participation in public transportation service and planning.

      The measure was read the second time.

MOTION

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the state needs to reestablish itself as a leader in public transportation.

      The legislature also finds that increased demands on transportation resources require increased coordination among public transportation service providers.

      The legislature also finds that the efficiency of transportation corridors would be enhanced by a more proactive and integrated approach to public transportation service delivery and planning.

      The legislature also finds that the state department of transportation is in the unique position of being able to improve connectivity between service territories of transit agencies and modes of transportation.

      The legislature also finds that the state should be a center of excellence in public transportation planning and research and providing technical assistance to transit agencies serving urban, suburban, and rural areas.

      Therefore, it is the intent of the legislature that the state department of transportation be a leader in public transportation. The department shall play a guiding role in coordinating decentralized public transportation services, increasing connectivity between them, advocating for public transportation as a means to increase corridor efficiency, and increasing the integration of public transportation and the highway system.

      Sec. 2. RCW 47.01.081 and 1984 c 48 s 1 are each amended to read as follows:

      (1) Initially the department shall be organized into divisions, including the division of highways, the division of transit and public ((transportation)) mobility, the division of aeronautics, the division of marine transportation, and the division of transportation planning and budget.

      (2) The secretary may reorganize divisions in order to attain the maximum possible efficiency in the operation of the department. Each division shall be headed by an assistant secretary to be appointed by the secretary. The secretary may also appoint a deputy secretary as may be needed for the performance of the duties and functions vested in the department and may also appoint up to twelve ferry system management positions as defined in RCW 47.64.011. The secretary may delegate to officers within the several divisions of the department authority to employ personnel necessary to discharge the responsibilities of the department.

      (3) The officers appointed under this section shall be exempt from the provisions of the state civil service law and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

      NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

      (1) The secretary shall establish an office of transit mobility within the division of transit and public mobility. The purpose of the office is to ensure the integration of decentralized public transportation services with the state transportation system. The goals of the office of transit mobility are: (a) To facilitate connection and coordination of transit services and planning; and (b) maximizing opportunities to use public transportation to improve the efficiency of transportation corridors.

      (2) The duties of the office include, but are not limited to, the following:

      (a) Developing a statewide strategic plan that creates common goals for transit agencies and reduces competing plans for cross-jurisdictional service;

      (b) Developing a park and ride lot program;

      (c) Encouraging long-range transit planning;

      (d) Providing public transportation expertise to improve linkages between regional transportation planning organizations and transit agencies;

      (e) Strengthening policies for inclusion of transit and transportation demand management strategies in route development, corridor plan standards, and budget proposals;

      (f) Recommending best practices to integrate transit and demand management strategies with regional and local land use plans in order to reduce traffic and improve mobility and access;

      (g) Producing recommendations for the public transportation section of the Washington transportation plan; and

      (h) Participating in all aspects of corridor planning, including freight planning, ferry system planning, and passenger rail planning.

      (3) In forming the office, the secretary shall use existing resources to the greatest extent possible.

      (4) The office of transit mobility shall establish measurable performance objectives for evaluating the success of its initiatives and progress toward accomplishing the overall goals of the office.

      NEW SECTION. Sec. 4. A new section is added to chapter 47.01 RCW to read as follows:

      Local and regional transportation agencies shall adopt common transportation goals. The office of transit mobility shall review local and regional transportation plans, including plans required under RCW 35.58.2795, 36.70A.070(6), 36.70A.210, and 47.80.023, to provide for the efficient integration of multimodal and multijurisdictional transportation planning.

      Sec. 5. RCW 47.66.030 and 1996 c 49 s 3 are each amended to read as follows:

      (((1)(a))) The ((transportation improvement board)) division of transit and public mobility is authorized and responsible for the final selection of ((programs and ))capital projects ((funded)) appropriated from the central Puget Sound public transportation account; public transportation systems account; and ((the intermodal surface transportation and efficiency act of 1991, surface transportation program, statewide competitive)) and the multimodal transportation account.

      (((b))) The ((board)) division of transit and public mobility may establish subcommittees as well as technical advisory committees to carry out the mandates of this chapter.

      (((2) Expenses of the board, including administrative expenses for managing the program, shall be paid in accordance with RCW 47.26.140.))

      Sec. 6. RCW 47.66.040 and 1995 c 269 s 2606 are each amended to read as follows:

      (1) The ((transportation improvement board)) division of transit and public mobility shall select ((programs and)) capital projects based on a competitive process consistent with the mandates governing each account or source of funds. The competition shall be consistent with the following criteria:

      (a) Local, regional, and state transportation plans;

      (b) Local transit development plans; and

      (c) Local comprehensive land use plans.

      (2) The following criteria shall be considered by the ((board)) division of transit and public mobility in selecting programs and projects:

      (a) Objectives of the growth management act, the high capacity transportation act, the commute trip reduction act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and

      (b) Enhancing the efficiency of regional corridors in moving people among jurisdictions and modes of transportation, energy efficiency issues, reducing delay for people and goods, freight and goods movement as related to economic development, regional significance, rural isolation, the leveraging of other funds ((including funds administered by this board)), and safety and security issues.

      (3) The ((board)) division of transit and public mobility shall determine the appropriate level of local match required for each ((program and)) capital project based on the source of funds.

      NEW SECTION. Sec. 7. A new section is added to chapter 47.66 RCW to read as follows:

      Beginning in 2005, and every other year thereafter, the division of transit and public mobility shall examine the division's existing grant programs, and the methods used to allocate grant funds, to determine the program's effectiveness, and whether the methods used to allocate funds result in an equitable distribution of the grants. The department shall submit a report of the findings to the transportation committees of the legislature.

      NEW SECTION. Sec. 8. If Senate Bill No. 6103 is not enacted by June 30, 2005, this act is null and void."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.

MOTION

Senator Benton moved that the following amendment by Senator Benton to the committee striking amendment be adopted.

      Beginning on page 1, line 3 of the amendment, strike all of sections 1 through 7

      On page 5, after line 2 of the amendment, insert the following:

      "NEW SECTION. Sec. 1. The division of public transportation shall examine the division's existing grant programs, and the methods used to allocate grant funds, to determine the program's effectiveness, and whether the methods used to allocate funds result in an equitable distribution of the grants. By December 1, 2006, the department of transportation shall prepare and submit a report to the transportation committees of the legislature detailing the evaluation findings and recommendations.

      NEW SECTION. Sec. 2. The joint legislative audit and review committee shall perform an evaluation of the public transportation and rail division, and the urban planning office within the department of transportation. The evaluation must include an examination of the existing transit and other multimodal planning coordination efforts of local, regional, and state governments. The evaluation must also review the resources, such as studies and data, currently available to local, regional, and state government. Based on the evaluation the committee must make recommendations regarding the best methods to: (1) Facilitate connection and coordination of transit services and planning at the local, regional, and state level; and (2) maximize opportunities to use public transportation to improve the efficiency of transportation corridors.

      By December 1, 2006, the joint legislative audit and review committee shall prepare a report to the transportation committees of the legislature detailing the evaluation findings and recommendations."

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

      On page 5, line 9 of the title amendment, after "insert" strike all material through "47.66 RCW;" on line 11

      Senator Benton spoke in favor of adoption of the amendment to the committee striking amendment.

      Senators Swecker and Haugen spoke against adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 3 to the committee striking amendment to Substitute House Bill No. 2124.

The motion by Senator Benton failed and the amendment to the committee striking amendment was not adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 2124.

      The motion by Senator Haugen carried and the committee striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 47.01.081, 47.66.030, and 47.66.040; adding new sections to chapter 47.01 RCW; adding a new section to chapter 47.66 RCW; and creating new sections."

MOTION

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2124, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

      Senators Benson and Benton spoke against passage of the bill.

      Senator Jacobsen spoke on final passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2124, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2124, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 28; Nays, 18; Absent, 0; Excused, 3.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Stevens and Zarelli - 18

      Excused: Senators Deccio, McCaslin and Oke - 3

      SUBSTITUTE HOUSE BILL NO. 2124, as amended by the Senate, 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.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266, by House Committee on Health Care (originally sponsored by Representatives Campbell, Morrell, Green, Moeller, Lantz, Cody, McCune, Haler, Lovick, McDonald and Ahern)

      Concerning access to certain precursor drugs.

      The measure was read the second time.

MOTION

      Senator Kline moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. Restricting access to certain precursor drugs used to manufacture methamphetamine to ensure that they are only sold at retail to individuals who will use them for legitimate purposes upon production of proper identification is an essential step to controlling the manufacture of methamphetamine.

      NEW SECTION. Sec. 2. A new section is added to chapter 69.43 RCW to read as follows:

      (1) Any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers as its only active ingredient, sold at retail shall be sold only by a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011. A pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011 may only sell products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers as its only active ingredient to customers that are at least eighteen years old, upon presentation of photographic identification that shows the date of birth of the person. The products must be kept in a location that is not accessible by customers without the assistance of an employee of the merchant.

      (2) A person buying or receiving a product at retail containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers as its only active ingredient, from a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011, must be at least eighteen years old and must first produce photographic identification of the person that shows the date of birth of the person.

      NEW SECTION. Sec. 3. A new section is added to chapter 69.43 RCW to read as follows:

      (1)(a) The Washington association of sheriffs and police chiefs or the Washington state patrol may petition the state board of pharmacy to establish restrictions for one or more products containing any amount of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in combination with another active ingredient. The petition shall establish that:

      (i) Ephedrine, pseudoephedrine, or phenylpropanolamine can be effectively extracted from the product and converted into methamphetamine or another controlled dangerous substance; and

      (ii) Law enforcement, the Washington state patrol, or the department of ecology are finding substantial evidence that the product is being used for the illegal manufacture of methamphetamine or another controlled dangerous substance.

      (b) The state board of pharmacy shall adopt rules when a petition establishes that restricting the sale of the product at retail is warranted based upon the effectiveness and extent of use of the product for the illegal manufacture of methamphetamine or other controlled dangerous substances and the extent of the burden of any restrictions upon consumers. The state board of pharmacy may adopt such restrictions as are warranted to prevent access to the product for use for the illegal manufacture of methamphetamine or another controlled dangerous substance, including the presentation of photographic identification and accessibility requirements. The state board of pharmacy may adopt emergency rules to restrict the sale of a product when the petition establishes that the immediate restriction of the product is necessary in order to protect public health and safety.

      (c) A manufacturer of a drug product may apply for removal of the product from this section if the product is determined by the state board of pharmacy to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine. The burden of proof for exemption is upon the person requesting the exemption. The petitioner shall provide the state board of pharmacy with evidence that the product has been formulated in such a way as to serve as an effective general deterrent to the conversion of pseudoephedrine into methamphetamine. The evidence must include the furnishing of a valid scientific study, conducted by an independent, professional laboratory and evincing professional quality chemical analysis. Factors to be considered in whether a product should be excluded from this section include but are not limited to:

      (i) Ease with which the product can be converted to methamphetamine;

      (ii) Ease with which pseudoephedrine is extracted from the substance and whether it forms an emulsion, salt, or other form;

      (iii) Whether the product contains a "molecular lock" that renders it incapable of being converted into methamphetamine;

      (iv) Presence of other ingredients that render the product less likely to be used in the manufacture of methamphetamine; and

      (v) Any pertinent data that can be used to determine the risk of the substance being used in the illegal manufacture of methamphetamine or any other controlled substance.

      (2) Nothing in this section applies:

      (a) To the sale of a product that may only be sold upon the presentation of a prescription; or

      (b) When the details of the transaction are recorded in a pharmacy profile individually identified with the recipient and maintained by a licensed pharmacy or registered shopkeeper or itinerant vendor.

      (3)(a) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or a practitioner as defined in RCW 18.64.011, may retaliate against any employee that has made a good faith attempt to comply with any requirement that the state board of pharmacy may impose under subsection (1) of this section.

      (b) No pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the department of health under chapter 18.64 RCW, or a practitioner as defined in RCW 18.64.011, is subject to prosecution under subsection (4) of this section if they made a good faith attempt to comply with any requirement that the state board of pharmacy may impose under subsection (1) of this section.

      (4) A violation of this section is a gross misdemeanor."

      Senator Kline spoke in favor of adoption of the committee striking amendment.

MOTION

Senator Esser moved that the following amendment by Senator Esser to the committee striking amendment be adopted.

      On page 3, line 38 of the amendment, after "is a" strike "gross misdemeanor" and insert "class 3 civil infraction"

      Senators Esser and Zarelli spoke in favor of adoption of the amendment to the committee striking amendment.

      Senator Kline spoke against adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 3, line 38 to the committee striking amendment to Engrossed Substitute House Bill No. 2266.

MOTION

      A division was demanded.

The motion by Senator Esser failed and the amendment to the committee striking amendment was not adopted by a rising vote.

MOTION

Senator Johnson moved that the following amendment by Senators Johnson and Regala to the committee striking amendment be adopted.

      On page 3, after line 38 of the amendment, insert the following:

      "NEW SECTION. Sec. 4. (1) The state board of pharmacy shall convene a work group to study the need for requiring and maintaining logs of transactions involving ephedrine, pseudoephedrine, or phenylpropanolamine.

      (2) The study shall include:

      (a) Whether a log is an effective law enforcement tool;

      (b) What information is needed to make logs useful as a deterrent to criminal activity;

      (c) The most effective method of obtaining, recording, and storing log information in the least intrusive manner available;

      (d) How long the information recorded in the logs should be maintained; and

      (e) How logs can be most effectively transmitted to law enforcement and the state board of pharmacy.

      (3) The work group shall consist of:

      (a) One representative from law enforcement appointed by the Washington association of sheriffs and police chiefs;

      (b) One representative appointed by the Washington association of prosecuting attorneys;

      (c) One representative appointed by the office of the attorney general;

      (d) One representative appointed by the state board of pharmacy; and

      (e) Two representatives from the retail industry.

      (4) The state board of pharmacy shall report to the legislature no later than November 30, 2005, regarding the findings of the work group along with any recommendations or proposed legislation."

      Senators Johnson and Regala spoke in favor of adoption of the amendment to the committee striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Johnson and Regala on page 3, after line 38 to the committee striking amendment to Engrossed Substitute House Bill No. 2266.

The motion by Senator Johnson carried and the amendment to the committee striking amendment was adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed Substitute House Bill No. 2266.

      The motion by Senator Kline carried and the committee striking amendment as amended was adopted by voice vote.

MOTION

      There being no objection, the following title amendments were adopted:

      On page 1, line 2 of the title, after "phenylpropanolamine;" strike the remainder of the title and insert "adding new sections to chapter 69.43 RCW; creating a new section; and prescribing penalties."

      On page 4, line 3 of the title amendment, strike "creating a new section" and insert "creating new sections"

MOTION

      On motion of Senator Kline, the rules were suspended, Engrossed Substitute House Bill No. 2266, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline, Parlette, Rasmussen, Roach and Delvin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 2266, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2266, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Voting nay: Senator Kastama - 1

      Excused: Senators Deccio, McCaslin and Oke - 3

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266, as amended by the Senate, 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.

PERSONAL PRIVILEGE

Senator Prentice: “Just recently I purchased Stedman’s Medical Dictionary and I was going to keep it in my office but I would be very happy to donate to the Lt. Governor’s office so that we don’t have stumbling over the ‘ephedrine,’ ‘pseudoephedrine,’ ‘phenylpropanolamine.’ I would be very happy to do that. If we get home I will bring it back with me.”

SECOND READING

      HOUSE BILL NO. 1612, by Representatives Kilmer, Skinner, Cody, Bailey, Murray, Haigh, Kenney, McDermott and Santos

      Modifying the licensing provisions for faculty members of the University of Washington dental school.

      The measure was read the second time.

MOTION

On motion of Senator Weinstein, Senator Brown was excused.

MOTION

      On motion of Senator Keiser, the rules were suspended, House Bill No. 1612 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Parlette spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Kastama was excused.

      The President declared the question before the Senate to be the final passage of House Bill No. 1612.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1612 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Brown, Deccio, Kastama, McCaslin and Oke - 5

      HOUSE BILL NO. 1612, 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.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1934, by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Lovick, Ahern, Dickerson, Santos, O'Brien, Williams, Simpson, Ericks and Chase)

      Increasing penalties for assaulting a peace officer with a stun gun.

      The measure was read the second time.

MOTION

      Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 9A.36.031 and 1999 c 328 s 1 are each amended to read as follows:

      (1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:

      (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or

      (b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or

      (c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault; or

      (d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

      (e) Assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or

      (f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or

      (g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or

      (h) Assaults a peace officer with a projectile stun gun; or

      (i) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.

      (2) Assault in the third degree is a class C felony.

      Sec. 2. RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are each reenacted and amended to read as follows: