NINETY-SEVENTH DAY
MORNING SESSION
Senate Chamber, Olympia, Saturday, April 16, 2005
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Delvin, Doumit, Hargrove, Mulliken, Oke and Prentice.
The Sergeant at Arms Color Guard consisting of the 81st Brigade Combat Team, Staff Sergeant Allen Hale, Specialist Don Gaffney, Specialist Karl Leggett and Specialist Dereck DeBruler presented the Colors. Father James Johnson, Pastor of Our Lady of Fatima Parish of the Roman Catholic Archdiocese of Seattle offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
At 9:08 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 10:00 a.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SJM 8024 by Senators Carrell, Rasmussen, Kastama, Swecker, Franklin, Schmidt, Regala, Sheldon, Esser, Stevens, Schoesler, Brandland, Honeyford, Parlette, Zarelli, Roach, Finkbeiner, Johnson, Morton and McCaslin
Requesting the state transportation commission to rename the Berkeley Street crossing the "Freedom Bridge."
Referred to Committee on Transportation.
MOTION
On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Carrell moved adoption of the following resolution:
SENATE RESOLUTION
8679
By Senators Carrell and Rasmussen
WHEREAS, World events catapulted the United States of America into an overseas military deployment of scores of American troops of historic proportions; and
WHEREAS, Citizens and residents of Washington State have continued to participate in Operation Enduring Freedom and Operation Iraqi Freedom; and
WHEREAS, The United States Military Services all-volunteer force has also been deployed on behalf of all Americans all over the world in capacities other than military action as evidenced by their work during the recent tsunami disaster; and
WHEREAS, The State of Washington serves as a key strategic site for the nation's military, hosting major military bases and significant installations for all branches of the military; and
WHEREAS, Ft. Lewis is home to the Army's new Stryker Combat Brigade Teams that are meeting the demands for the nation's ground forces to be high-tech, quickly deployable, and totally interoperable, making Ft. Lewis and Washington State the subject of innumerable media reports during times of war; and
WHEREAS, The Washington State Senate wishes to recognize those members of the Army, Navy, Air Force, Marines, Coast Guard, National Guard, and Reserve Forces who have participated in these actions, and to recognize their families who have also borne the burden of a duty that has called them away from loved ones and communities and jobs;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and remember those Americans and Washingtonians who have served, fought, and died in the service of this country and the principles for which it stands in the Middle East, Asia, and around the world; and
BE IT FURTHER RESOLVED, That the Washington State Senate does hereby recognize the members of the Army, Navy, Air Force, Marines, Coast Guard, National Guard, and Reserve Forces for their patriotism and loyalty to the United States of America and to the State of Washington and express its appreciation to them and their families for their service; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted by the Secretary of the Senate to Major General Timothy J. Lowenberg, Adjutant General, Washington National Guard; Lieutenant General James M. Dubik, Commanding General, 1st Corps and Fort Lewis; Brigadier General Rose Loper, Deputy Commanding General, 70th Regional Readiness Command; Rear Admiral Leendert R. Hering, Commander, Navy Region Northwest; Rear Admiral Jeffrey Garrett, Commander, 13th Coast Guard District; Colonel Rowayne Schatz, Commander, 62nd Airlift Wing, McChord AFB; Colonel Eric Crabtree, Commander 446th Airlift Wing, Reserve Component at McChord AFB; and Colonel Anthoney Mauer, Wing Commander, 92nd Air Refueling Wing, Fairchild AFB.
Senators Carrell, Rasmussen, Schmidt, Shin and Wyss spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8679.
The motion by Senator Carrell carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the military, Colonel Rowayne Schatz, Brigadier General Rose Loper, Colonel Anthony Mauer, Colonel Eric Crabtree, Lt. General James Dubik and Major General Timothy Lowenberg who were seated at the rostrum.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Staff Sgt. Frederick Raul, who was seated at the rostrum with his wife Mrs. Darlene Raul and children Brianna and Savannah who were seated in the gallery. Staff Sgt. Raul received the Silver Star for gallantry in action while serving with the U.S. Army in Iraq, awarded by President George Bush on June 18, 2004 at a ceremony at Fort Lewis, Washington.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Brigadier General Oscar B. Hilman of the Washington Army National Guard’s 81st Armor Brigade (Separate) and his wife, Patty, who were seated in the gallery.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the men and women of the nation’s and state’s armed forces who were present in the gallery.
The President welcomed and introduced Major General Timothy J. Lowenberg, who was seated at the rostrum.
REMARKS BY THE PRESIDENT
President Owen: “It is my great privilege and honor to turn the microphone and dais over to a very outstanding public servant, outstanding General of the National Guard and many of us have served with several Generals. We have been very, very fortunate to have excellent representatives for us serving as the head of the National Guard. Here is one of the most outstanding, General Timothy Lowenberg.”
With permission of the Senate, business was suspended to allow Major General Timothy J. Lowenberg, Adjutant General of the Washington National Guard to address the Senate.
REMARKS BY MAJOR GENERAL TIMOTHY LOWENBERG
Major General Lowenberg: “Lt. Governor Owen, Senators Carrell and Rasmussen, members of the Washington State Senate, Lt. General Dubik, Brigadier Generals Loper and Hilman, Colonels Schatz, Mauer, and Crabtree, Command Sgts. Majors, Command Chief Master Sgts. and other non-commissioned officers. It is an honor to, once again, address this body in open session and a special privilege to do so today on behalf of all of the military services and service component members, our families and, in the case of the Guard and Reserve, our employers to whom you have paid tribute with the enactment of Senate Resolution No. 8679. On their behalf, I say a very humble and heartfelt thank you. Thank you for standing with and supporting your National Guard soldiers and airmen as we have mobilized and deployed our community sons and daughters, fathers and mothers and, in some cases, grandfathers and grandmothers abroad in support of operations ‘Enduring Freedom’ and our ‘Operation Iraqi Freedom.’ From Afghanistan to Iraq to countries throughout the horn of Africa, from Cuba to the jungles of the Philippines, to South Korea, in the past three years we have mobilized and deployed more than four times the number of Washington National Guard soldiers and airmen than were deployed in the Korean War and Vietnam conflict combined. We have answered our countries call side by side with all of our colleagues in arms as part of a far larger and equally historic deployment of the patriot sons and daughters of all Reserve components and with all of our active-duty counterparts in the Army, Navy, Air Force, Marines and Coast Guard. In short, we have answered our country’s call as a total force. A total force totally dedicated to our nation’s defense. The Washington State-based senior commanders and their soldiers, sailors, airmen, marines and coast guardsmen are very proud to be with you today and have asked me to express their deep respect and appreciation to you today. The state of Washington has been blessed with a rich and unique bounty of natural resources: deep water ports; land and maritime training ranges; open air space; strategic proximity to polar routes; and time-sensitive air and maritime access to the Asia Pacific region; and other points of strategic importance to the United States. All of which make the State of Washington a critical power projection platform and a key partner with our central Federal Government in providing for our Nation’s defense. Simply put, the state of Washington is essential to America’s global reach and global power. Our native sons and daughters who serve in various armed services and all service members who are privileged to be based here are especially grateful for the leadership of Governor Gregoire and the members of the Washington State Legislature who have recognized the state of Washington’s solemn responsibility for preserving, protecting and, when given the opportunity, enhancing and expanding our military installations and our specialized training facilities. We are grateful for you commitment to our military missions and to the special needs of service members and their families. Our success in past and ongoing operations, including combat, combat support and humanitarian relief operations, would simply not be possible without the earnest and steadfast support of the citizens, employers and elected leaders of the state of Washington. Your Senate Resolution this day is an unequivocal affirmation of that support. It reminds each of us how blessed we are to be part of such a supportive community and how deeply honored we are to serve you and this land we all love. May God continue to bless each of you in this great State Senate. May God continue to bless the state of Washington and United States of America. Thank you ladies and gentlemen.”
PERSONAL PRIVILEGE
Senator Rasmussen: “There is a display from the, from our military out on the grounds, campus grounds and I want to make sure that all of my colleagues take part and recognize what is going on out at the memorials. I would like to personally thank the Adjutant General, Tim Lowenberg for what he has done for, personally, he put the striping on my son. He’s with the 446th and when he got his E8 many years ago and he came – and I need to tell this body what this is like. When you get a striping, it’s a big privilege for a member of the military and he’s with the 446th at McChord. Anyway, of course mom is going to the striping, right, this is a big deal. He said, ‘Mom, were you going to bring a friend?’ and I said, ‘Yeah.’ and he said, ‘Who are you bringing?’ I said ‘Well, Tim is coming.’ He said, ‘Mom, he’s a two-star general. You just don’t bring a two-star general onto the base.’ They had to go through all the protocol, but it was really exciting for him to have his, to get his E8 with the striping with the Adjutant General and wanted to thank him for that. He was also pretty much involved when my son retired in February after twenty-one years with the Air Force. I was real pleased with that and I wanted to take this chance to be able to tell him that. Thank you.”
PERSONAL PRIVILEGE
Senator Schmidt: “I wanted to make an announcement. I was hoping to have done this sooner, but I think this a very appropriate time. I would just like to take a couple of minutes to mention to a major endeavor that we’re going to take on here in the state. The story behind this. There’s a personal friend of mine, Major Rick Jimenez whose the commander of the 941st personnel support battalion right now in Iraq. He sent me an email a few months ago. He said that in his company headquarters he had the Washington State flag flying there along with the unit flag. An active duty command Sgt. Major came around and told him he had to take that flag down. Now, first problem I had was, why is this Sgt. Major telling a Major what to do? That was my concern. But then the joke was, okay they did it for the day and the Sgt. Major leaves and the flag, the state flag, goes right back up. Well, General Dubik, we have a little bone of contention here. I know in the active components, the units all go around with unit patches and that’s where the camaraderie is. But for those of us in the National Guard, it’s the state that we come from and I know over there in Iraq there’s a lot of National Guard units that are wanting to have their state flags flown with them as the sign of their unit that they come from. Well, first of all, you see this flag here? That was flown over Camp Anaconda where our 81st Brigade headquarters was and it was a gift to us, here, from General Hilman so we have that flag here in our chambers as long as we’re in session recognizing our 81st Brigade soldiers that are in Iraq and the rest of them. But what happened out of this, he, Major Jimenez sent me an email says, ‘Can you send me some more state flags?’ I went down to the Secretary of State’s office to find out what I could do. Well, they had one that was there, so I sent one off to him and sent him another email. I said ‘Rick, you tell me how many flags you want and shoot for the moon.’ He sends the email back and he said ‘I want to give a state flag to every single one of the soldiers in my unit before they come home.’ Well, that got the ball rolling. We were hoping to announce this a couple of weeks ago but there’s been some logistics. We are going to set up a fund that people can donate to and it will be the Washington State flag fund that anybody can donate to so that we can give a Washington State flag to every one of our National Guard soldiers that served overseas during this conflict. The State of Oregon is already doing it, so we’re somewhat copying that. We’re having to get the logistics set up. How the fund can be operated. It will be worked through the Secretary of State’s office because the Secretary of State is the guardian of our state flag and state seal. So, they’ll be able to go to the Secretary of State’s web site, click on it, make a donation. We anticipate this being a major media campaign. We want to do this. It’s our way for the State of Washington showing the support. So, General Dubik, I don’t know if there’s going to be a conflict there, sir, but you know, we’re going to do it and we would like to have, to see our folks be able to fly their flags over there as well because for us in the Guard, that’s where our unit of support is, our camaraderie builds around, and thank you for considering that, sir.”
REMARKS BY THE PRESIDENT
President Owen: “Colonel Phil Dyer, welcome back to the Legislature. It’s always good to have you here and your service to the military and certainly your service that you had with the Legislature. Would you please be so kind as to come up and direct these fine officers to their next place? Thank you.”
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
April 15, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 6064,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 6064.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5035, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The Washington state forensic investigations council shall study and make recommendations to the legislature regarding the need for a state forensic pathologist program. The council may include in its recommendations information regarding the state forensic pathologist's annual salary, budget, and duties.
The study and recommendations shall be presented to the legislature by December 1, 2005.
Sec. 2. RCW 43.103.030 and 1999 c 40 s 4 are each amended to read as follows:
There is created the Washington state forensic investigations council. The council shall oversee the bureau of forensic laboratory services and, in consultation with the chief of the Washington state patrol or the chief's designee, control the operation and establish policies of the bureau of forensic laboratory services. The council may also study and recommend cost-efficient improvements to the death investigation system in Washington and report its findings to the legislature.
((Further, the council shall, jointly with the chairperson of the pathology department of the University of Washington's School of Medicine, or the chairperson's designee, oversee the state forensic pathology fellowship program, determine the budget for the program and set the fellow's annual salary, and take those steps necessary to administer the program.))
The forensic investigations council shall be responsible for the oversight of any state forensic pathology program authorized by the legislature.
The forensic investigations council shall be actively involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic laboratory services budget prior to its formal submission to the office of financial management pursuant to RCW 43.88.030.
Sec. 3. RCW 43.79.445 and 1997 c 454 s 901 are each amended to read as follows:
There is established an account in the state treasury referred to as the "death investigations account" which shall exist for the purpose of receiving, holding, investing, and disbursing funds appropriated or provided in RCW 70.58.107 and any moneys appropriated or otherwise provided thereafter.
Moneys in the death investigations account shall be disbursed by the state treasurer once every year on December 31 and at any other time determined by the treasurer. The treasurer shall make disbursements to: The state toxicology laboratory, counties for the cost of autopsies, ((the University of Washington to fund the state forensic pathology fellowship program,)) the state patrol for providing partial funding for the state dental identification system, the criminal justice training commission for training county coroners, medical examiners and their staff, and the state forensic investigations council. Funds from the death investigations account may be appropriated during the 1997-99 biennium for the purposes of statewide child mortality reviews administered by the department of health.
((The University of Washington and the Washington state forensic investigations council shall jointly determine the yearly amount for the state forensic pathology fellowship program established by RCW 28B.20.426.))
NEW SECTION. Sec. 4. RCW 28B.20.426 (Fellowship program in forensic pathology--Funding--Recipient's services to county coroners) and 1991 c 176 s 3 & 1986 c 31 s 1 are each repealed."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5035.
Senator Keiser spoke in favor of the motion.
MOTIONS
On motion of Senator Regala, Senators Brown and Doumit were excused.
On motion of Senator Hewitt, Senators Delvin, Mulliken and Oke were excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5035.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5035 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5035, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5035, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 3; Excused, 5.
Voting yea: Senators Benton, Berkey, Brandland, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Absent: Senators Carrell, Hargrove and Prentice - 3
Excused: Senators Brown, Delvin, Doumit, Mulliken and Oke - 5
SUBSTITUTE SENATE BILL NO. 5035, as amended by the House, 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.
MOTIONS
On motion of Senator McCaslin, Senator Deccio was excused.
On motion of Senator Regala, Senators Prentice and Hargrove were excused.
MESSAGE FROM THE HOUSE
April 14, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5085, with the following amendment{s}:
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 sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;
(b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;
(c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;
(d) If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;
(e) If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat; and
(f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.
(2) A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.
(5) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.
(6) The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.
(7)(a) Except as provided in (b) of this subsection, 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.
(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child passenger restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5085.
Senator Haugen spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5085.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5085.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5085, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5085, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 42
Excused: Senators Brown, Deccio, Delvin, Doumit, Mulliken, Oke and Prentice - 7
SUBSTITUTE SENATE BILL NO. 5085, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5110, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.80.060 and 1992 c 101 s 31 are each amended to read as follows:
In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, and the ((three)) four largest public port districts within the region as determined by gross operating revenues. It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards or on a regional transit authority.
"and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5110.
Senators Haugen and Pridemore spoke in favor of the motion.
Senator Benton spoke against the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5110.
The motion by Senator Haugen carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5110.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5110, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5110, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 8; Absent, 0; Excused, 7.
Voting yea: Senators Berkey, Brandland, Carrell, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 34
Voting nay: Senators Benton, Hewitt, Honeyford, Parlette, Schoesler, Stevens, Wyss and Zarelli - 8
Excused: Senators Brown, Deccio, Delvin, Doumit, Mulliken, Oke and Prentice - 7
ENGROSSED SENATE BILL NO. 5110, as amended by the House, 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 Hewitt, Senator Schmidt was excused.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5140, with the following amendment{s}:
On page 2, line 6, after "to" strike "a public school, school district, or educational service district, or to"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Berkey moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5140.
Senators Berkey and Roach spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Berkey that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5140.
The motion by Senator Berkey carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5140.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5140, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5140, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.
Voting yea: Senators Berkey, Brandland, Carrell, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 39
Absent: Senators Benton and Fairley - 2
Excused: Senators Brown, Deccio, Delvin, Doumit, Mulliken, Oke, Prentice and Schmidt - 8
ENGROSSED SUBSTITUTE SENATE BILL NO. 5140, as amended by the House, 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 Fairley was excused.
MESSAGE FROM THE HOUSE
April 12, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5145, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to establish a boating safety education program that contributes to the reduction of accidents and increases the enjoyment of boating by all operators of all recreational vessels on the waters of this state. Based on the 2003 report to the legislature titled "Recreational Boating Safety in Washington, A Report on Methods to Achieve Safer Boating Practices," the legislature recognizes that boating accidents also occur in nonmotorized vessels in this state, but, at this time there is no national educational standard for nonmotorized vessels. Therefore, the commission is hereby authorized and directed to work with agencies and organizations representing nonmotorized vessel activities and individuals operating nonmotorized vessels to decrease accidents of operators in these vessels. It is also the intent of the legislature to encourage boating safety education programs that use volunteer and private sector efforts to enhance boating safety and education for operators of nonmotorized vessels to work closely with the state parks and recreation commission in its efforts to reduce all boating accidents in this state.
Sec. 2. RCW 79A.60.010 and 2003 c 39 s 45 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the commission.
(2) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.
(((2))) (3) "Boater" means any person on a vessel on waters of the state of Washington.
(((3))) (4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's data base.
(5) "Boating educator" means a person providing an accredited course.
(6) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.
(((4))) (7) "Certificate of accomplishment" means a form of certificate approved by the commission and issued by a boating educator to a person who has successfully completed an accredited course.
(8) "Commission" means the state parks and recreation commission.
(((5))) (9) "Darkness" means that period between sunset and sunrise.
(((6))) (10) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.
(((7))) (11) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels. A person licensed under RCW 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.
(((8))) (12) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
(((9))) (13) "Motor driven boats and vessels" means all boats and vessels which are self propelled.
(((10))) (14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission in accordance with section 3 of this act.
(15) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
(((11))) (16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(((12))) (17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
(((13))) (18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
(((14))) (19) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(((15))) (20) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.
(((16))) (21) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.
(((17))) (22) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
(((18))) (23) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.
(((19))) (24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
(((20))) (25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.
(((21))) (26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.
(27) "Sewage pumpout or dump unit" means:
(a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and
(b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.
(((22))) (28) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
(((23))) (29) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.
(((24))) (30) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
(((25))) (31) "Waters of the state" means any waters within the territorial limits of Washington state.
(((26))) (32) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.
(((27))) (33) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the commission under RCW 79A.60.495.
NEW SECTION. Sec. 3. A new section is added to chapter 79A.60 RCW to read as follows:
(1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under section 4(3) of this act are required to obtain a boater education card by January 1, 2016. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission.
(2) As part of the boating safety education program, the commission shall:
(a) Establish a program to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:
January 1, 2008 - All boat operators twenty years old and younger;
January 1, 2009 - All boat operators twenty-five years old and younger;
January 1, 2010 - All boat operators thirty years old and younger;
January 1, 2011 - All boat operators thirty-five years old and younger;
January 1, 2012 - All boat operators forty years old and younger;
January 1, 2013 - All boat operators fifty years old and younger;
January 1, 2014 - All boat operators sixty years old and younger;
January 1, 2015 - All boat operators seventy years old and younger;
January 1, 2016 - All boat operators;
(b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;
(c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;
(d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;
(e) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;
(f) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by this act, including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040;
(g) Establish a fee for the replacement of the boater education card that covers the cost of replacement;
(h) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;
(i) Approve and provide accreditation to boating safety education courses offered online; and
(j) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.
NEW SECTION. Sec. 4. A new section is added to chapter 79A.60 RCW to read as follows:
(1) No person shall operate or permit the operation of motor driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person:
(a) Is at least twelve years of age, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190; and
(b)(i) Has in his or her possession a boater education card, unless exempted under subsection (3) of this section; or
(ii) Is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a boater education card, or who is not yet required to possess the card as provided in the program phase in section 3(2)(a) of this act.
(2) Any person who can demonstrate they have successfully completed, prior to the effective date of this act, a boating safety education course substantially equivalent to the standards adopted by the commission shall be eligible for a boater education card upon application to the commission and payment of the fee, without having to take a course or equivalency exam as provided in section 3(1) of this act. Successful completion of a boating safety education course could include an original or copy of an original certificate issued by the commission, the United States coast guard auxiliary, or the United States power squadrons, or official certification by these organizations that the individual successfully completed a course substantially equivalent to the standards adopted by the commission.
(3) The following persons are not required to carry a boater education card:
(a) The operator of a vessel engaged in a lawful commercial fishery operation as licensed by the department of fish and wildlife under Title 77 RCW. However, the person when operating a vessel for recreational purposes must carry either a valid commercial fishing license issued by the department of fish and wildlife or a boater education card;
(b) Any person who possesses a valid marine operator license issued by the United States coast guard when operating a vessel authorized by such coast guard license. However, the person when operating a vessel for recreational purposes must carry either a valid marine operator license issued by the United States coast guard or a boater education card;
(c) Any person who is legally engaged in the operation of a vessel that is exempt from vessel registration requirements under chapter 88.02 RCW and applicable rules and is used for purposes of law enforcement or official government work. However, the person when operating a vessel for recreational purposes must carry a boater education card;
(d) Any person at least twelve years old renting, chartering, or leasing a motor driven boat or vessel with an engine power of fifteen horsepower or greater who completes a commission-approved motor vessel safety operating and equipment checklist each time before operating the motor driven boat or vessel, except that an operator of a personal watercraft shall comply with the age requirements under RCW 79A.60.190;
(e) Any person who is not a resident of Washington state and who does not operate a motor driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state for more than sixty consecutive days;
(f) Any person who is not a resident of Washington state and who holds a current out-of-state or out-of-country certificate or card that is equivalent to the rules adopted by the commission;
(g) Any person who has purchased the boat or vessel within the last sixty days, and has a bill of sale in his or her possession to document the date of purchase;
(h) Any person, including those less than twelve years of age, who is involved in practicing for, or engaging in, a permitted racing event where a valid document has been issued by the appropriate local, state, or federal government agency for the event, and is available for inspection on-site during the racing event;
(i) Any person who is not yet required to have a boater education card under the phased schedule in section 3(2)(a) of this act; and
(j) Any person born before January 1, 1955.
(4) Except as provided in subsection (3)(a) through (i) of this section, a boater must carry a boater education card while operating a vessel and is required to present the boater education card, or alternative license as provided in subsection (3)(a) and (b) of this section, to a law enforcement officer upon request.
(5) Failure to possess a boater education card required by this section is an infraction under chapter 7.84 RCW. The penalty shall be waived if the boater provides proof to the court within sixty days that he or she has received a boater education card.
(6) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an engine power of fifteen horsepower or greater to a person without first reviewing with that person, and all other persons who may be permitted by the person to operate the vessel, all the information contained in the motor vessel safety operating and equipment checklist.
NEW SECTION. Sec. 5. A new section is added to chapter 79A.60 RCW to read as follows:
The boating safety education certification account is created in the custody of the state treasurer. All receipts from fees collected for the issuance of a boater education card shall be deposited in the account and shall be used only for the administration of sections 3 and 4 of this act. Only the state parks and recreation commission may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5145.
Senator Jacobsen spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5145.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5145.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5145, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5145, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 13; Absent, 1; Excused, 7.
Voting yea: Senators Berkey, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 28
Voting nay: Senators Benton, Brandland, Hargrove, Hewitt, Honeyford, Morton, Parlette, Roach, Schoesler, Sheldon, Stevens, Wyss and Zarelli - 13
Absent: Senator Carrell - 1
Excused: Senators Brown, Delvin, Doumit, Mulliken, Oke, Prentice and Schmidt - 7
SUBSTITUTE SENATE BILL NO. 5145, as amended by the House, 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 Kastama was excused.
MESSAGE FROM THE HOUSE
April 8, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5182, with the following amendment{s}:
On page 2, beginning on line 1, after "must" strike all material through "interment" on line 2, and insert "include the following disclosure on the written statement, contract, or other document in conspicuous bold face type no smaller than other text provisions in the written statement, contract, or other document, to be initialed by the person making the cemetery arrangements in immediate proximity to the space reserved for the signature lines:
"DISCLOSURE OF MULTIPLE INTERMENT
State law provides that "multiple interment" means two or more noncremated human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment""
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Franklin moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5182.
Senator Franklin spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Franklin that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5182.
The motion by Senator Franklin carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5182.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5182, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5182, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli – 42
Excused: Senators Brown, Delvin, Doumit, Kastama, Mulliken, Oke and Prentice – 7
SUBSTITUTE SENATE BILL NO. 5182, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5266, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that consumers, financial services providers, and financial institutions need uniformity and certainty in their financial transactions. It is the intent of the legislature to reserve the authority to regulate customer financial transactions involving consumers, financial services providers, and financial institutions.
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
A city, town, or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041.
NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:
A code city or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041.
NEW SECTION. Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:
A county or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fairley moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5266.
Senator Fairley spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5266.
The motion by Senator Fairley carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5266.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5266, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5266, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Keiser, Kline, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein, Wyss and Zarelli - 39
Voting nay: Senators Jacobsen, Kohl-Welles and Thibaudeau - 3
Excused: Senators Brown, Delvin, Doumit, Kastama, Mulliken, Oke and Prentice - 7
SUBSTITUTE SENATE BILL NO. 5266, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 16, 2005
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1460,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1460
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5311, with the following amendment{s}:
On page 2, line 2, after "needs of" strike "children" and insert "individuals"
On page 2, line 4, after "Washington" strike "children" and insert "individuals"
On page 2, line 8, after "(2) The" strike "committee" and insert "task force"
On page 2, line 23, after "district;" strike "and"
On page 2, line 24, after "district" insert "; and
(h) An expert in the field of early intervention services"
On page 3, after line 8, insert the following:
"(5) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Senate Bill No. 5311.
Senator Rasmussen spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Senate Bill No. 5311.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5311.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5311, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5311, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 42
Excused: Senators Brown, Delvin, Doumit, Kastama, Mulliken, Oke and Prentice - 7
SENATE BILL NO. 5311, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5355, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 77.85.200 and 2001 c 135 s 1 are each amended to read as follows:
(1) A program for salmon and steelhead recovery is established in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties within the habitat areas classified as the lower Columbia evolutionarily significant ((unit 4)) units by the federal national marine fisheries service. The management board created under subsection (2) of this section is responsible for ((implementing the habitat portion of the approved)) developing and overseeing the implementation of the habitat portion of the salmon and steelhead recovery ((initiative)) plan and is empowered to receive and disburse funds for the ((approved)) salmon and steelhead recovery initiatives. The management board created pursuant to this section shall constitute the lead entity and the committee established under RCW 77.85.050 responsible for fulfilling the requirements and exercising powers under this chapter.
(2) A management board consisting of fifteen voting members is created within the lower Columbia evolutionarily significant ((unit 4)) units. The members shall consist of one county commissioner or designee from each of the five participating counties selected by each county legislative authority; one member representing the cities contained within the lower Columbia evolutionarily significant ((unit 4)) units as a voting member selected by the cities in the lower Columbia evolutionarily significant ((unit 4)) units; a representative of the Cowlitz Tribe appointed by the tribe; one state legislator elected from one of the legislative districts contained within the lower Columbia evolutionarily significant ((unit 4)) units selected by that group of state legislators representing the area; five representatives to include at least one member who represents private property interests appointed by the five county commissioners or designees; one hydro utility representative nominated by hydro utilities and appointed by the five county commissioners or designees; and one representative nominated from the environmental community who resides in the lower Columbia evolutionarily significant ((unit 4)) units appointed by the five county commissioners or designees. The board shall appoint and consult a technical advisory committee, which shall include four representatives of state agencies one each appointed by the directors of the departments of ecology, fish and wildlife, and transportation, and the commissioner of public lands. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the members of the management board by the five county commissioners or designees and the legislator on the board. In making appointments under this subsection, the county commissioners shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.
(3)(a) The management board shall participate in the development of a habitat recovery plan to implement its responsibilities under (b) of this subsection. The management board shall consider local watershed efforts and activities as well as habitat conservation plans in the development and implementation of the recovery plan. Any of the participating counties may continue its own efforts for restoring steelhead habitat. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.
(b) The management board is responsible for ((implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation initiative approved by the state and the national marine fisheries service)) the development of a lower Columbia salmon and steelhead habitat recovery plan and for coordinating and monitoring the implementation of the plan. The management board will submit all future plans and amendments to plans to the governor's salmon recovery office for the incorporation of hatchery, harvest, and hydropower components of the statewide salmon recovery strategy for all submissions to the national marine fisheries service. In developing and implementing the habitat recovery plan, the management board will work with appropriate federal and state agencies, tribal governments, local governments, and the public to make sure hatchery, harvest, and hydropower components receive consideration in context with the habitat component. The management board may work in cooperation with the state and the national marine fisheries service to modify the ((initiative)) plan, or to address habitat for other aquatic species that may be subsequently listed under the federal endangered species act. The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.
(c) The management board shall prioritize as appropriate and approve projects and programs related to the recovery of lower Columbia river salmon and steelhead runs, including the funding of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The management board shall establish criteria for funding projects and programs based upon their likely value in salmon and steelhead recovery. The management board may consider local economic impact among the criteria, but jurisdictional boundaries and factors related to jurisdictional population may not be considered as part of the criteria.
(d) The management board shall assess the factors for decline along each ((prioritized stream as listed)) tributary basin in the lower Columbia ((steelhead conservation initiative)). The management board is encouraged to take a stream-by-stream approach in conducting the assessment which utilizes state and local expertise, including volunteer groups, interest groups, and affected units of local government.
(4) The management board has the authority to hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to cities and counties about potential code changes and the development of programs and incentives upon request, pay all necessary expenses, and may choose a fiduciary agent. The management board shall report on its progress on a ((quarterly)) biennial basis to the legislative bodies of the five participating counties and the state natural resource-related agencies. The management board shall prepare a final report at the conclusion of the program describing its efforts and successes in developing and implementing the ((habitat portion of the)) lower Columbia salmon and steelhead ((conservation initiative)) recovery plan. The final report shall be transmitted to the appropriate committees of the legislature, the legislative bodies of the participating counties, and the state natural resource-related agencies.
(5) The program terminates on July 1, ((2006)) 2010.
(6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an evolutionarily significant unit of an aquatic species listed or proposed for listing as a threatened or endangered species under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.)."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5355.
Senators Jacobsen and Morton spoke in favor of the motion.
MOTION
On motion of Senator Esser, Senators Honeyford and Parlette were excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5355.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5355.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5355, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5355, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 0; Absent, 2; Excused, 9.
Voting yea: Senators Benton, Berkey, Brandland, Carrell, Deccio, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein, Wyss and Zarelli - 38
Absent: Senators Finkbeiner and Swecker - 2
Excused: Senators Brown, Delvin, Doumit, Honeyford, Kastama, Mulliken, Oke, Parlette and Prentice - 9
ENGROSSED SENATE BILL NO. 5355, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5381, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that public policies and programs will be improved when informed by independent scientific analysis and communication with state and local policymakers. Throughout the state there are highly qualified persons in a wide range of scientific disciplines who are willing to contribute their time and expertise in such reviews, but that presently there is lacking an organizational structure in which the entire scientific community may most effectively respond to requests for assessments of complex public policy questions. Therefore it is the purpose of this act to authorize the creation of the Washington academy of sciences as a nonprofit entity independent of government, whose principal mission will be the provision of scientific analysis and recommendations on questions referred to the academy by the governor, the governor's designee, or the legislature.
NEW SECTION. Sec. 2. The Washington academy of sciences authorized to be formed under section 3 of this act shall serve as a principal source of scientific investigation, examination, and reporting on scientific questions referred to the academy by the governor or the legislature under the provisions of section 4 of this act. Nothing in this section or this chapter supersedes or diminishes the responsibilities performed by scientists employed by the state or its political subdivisions.
NEW SECTION. Sec. 3. (1) The presidents of the University of Washington and Washington State University shall jointly form and serve as the cochairs of an organizing committee for the purpose of creating the Washington academy of sciences as an independent entity to carry out the purposes of this chapter. The committee should be representative of appropriate disciplines from the academic, private, governmental, and research sectors.
(2) Staff from the University of Washington and Washington State University, and from other available entities, shall provide support to the organizing committee under the direction of the cochairs.
(3)(a) The committee shall investigate organizational structures that will ensure the participation or membership in the academy of scientists and experts with distinction in their fields, and that will ensure broad participation among the several disciplines that may be called upon in the investigation, examination, and reporting upon questions referred to the academy by the governor or the legislature.
(b) The organizational structure shall include a process by which the academy responds to inquiries from the governor or the legislature, including but not limited to the identification of research projects, past or present, at Washington or other research institutions and the findings of such research projects.
(4) The committee cochairs shall use their best efforts to form the committee by January 1, 2006, and to complete the committee's review by April 30, 2007. By April 30, 2007, the committee, or such individuals as the committee selects, shall file articles of incorporation to create the academy as a Washington independent organizational entity. The articles shall expressly recognize the power and responsibility of the academy to provide services as described in section 4 of this act upon request of the governor, the governor's designee, or the legislature. The articles shall also provide for a board of directors of the academy that includes distinguished scientists from the range of disciplines that may be called upon to provide such services to the state and its political subdivisions, and provide a balance of representation from the academic, private, governmental, and research sectors.
(5) The articles shall provide for all such powers as may be appropriate or necessary to carry out the academy's purposes under this chapter, to the full extent allowable under the proposed organizational structure.
NEW SECTION. Sec. 4. (1) The academy shall investigate, examine, and report on any subject of science requested by the governor, the governor's designee, or the legislature. The procedures for selecting panels of experts to respond to such requests shall be set forth in the bylaws or other appropriate operating guidelines. In forming review panels, the academy shall endeavor to assure that the panel members have no conflicts of interest and that proposed panelists first disclose any advocacy positions or financial interest related to the questions to be addressed by the panel that the candidate has held within the past ten years.
(2) The governor shall provide funding to the academy for the actual expense of such investigation, examination, and reports. Such funding shall be in addition to state funding assistance to the academy in its initial years of operation as described in section 6 of this act.
NEW SECTION. Sec. 5. The academy may carry out functions or provide services to its members and the public in addition to the services provided under section 4 of this act, such as public education programs, newsletters, web sites, science fairs, and research assistance.
NEW SECTION. Sec. 6. The organizational committee shall recommend procedures and funding requirements for receiving and disbursing funding in support of the academy's programs and services in a report to the governor and the appropriate committees of the senate and house of representatives no later than April 30, 2007.
NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5381.
Senators Kohl-Welles and Schmidt spoke in favor of the motion.
MOTIONS
On motion of Senator Brandland, Senators Carrell and Stevens were excused.
On motion of Senator Regala, Senator Poulsen was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5381.
The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5381.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5381, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5381, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Benton, Berkey, Brandland, Deccio, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 37
Excused: Senators Brown, Carrell, Delvin, Doumit, Honeyford, Kastama, Mulliken, Oke, Parlette, Poulsen, Prentice and Stevens - 12
ENGROSSED SENATE BILL NO. 5381, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5042, with the following amendment{s}:
On page 1, strike everything after the enacting clause and insert
"Sec. 1. RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4))((.));
(vii) Rape in the first and second degree if the victim is under the age of eighteen at the time the crime is committed (RCW 9A.44.040 and 9A.44.050);
(viii) Rape of a child in the first and second degree (RCW 9A.44.073 and 9A.44.076).
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission, and the victim is eighteen years or older on the date the crime is committed; ((except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later.)) If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, and the victim is eighteen years or older on the date the crime is committed, the rape may not be prosecuted ((: (A))) more than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age)).
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW ((9A.44.073, 9A.44.076,)) 9A.44.083, 9A.44.086, *9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than two years after its commission.
(j) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kline moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5042 and ask the House to recede therefrom.
Senators Kline and McCaslin spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Kline that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5042 and ask the House to recede therefrom.
The motion by Senator Kline carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5042 and asked the House to recede therefrom by voice vote.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5370, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.330 RCW to read as follows:
(1) The economic development strategic reserve account is created in the state treasury to be used only for the purposes of this section.
(2) The governor, with the approval of the public works board and the Washington economic development finance authority, may authorize expenditures from the account, subject to appropriation by the legislature. If the public works board or the Washington economic development finance authority disapproves an expenditure, the governor may not fund a project using funds from the economic development strategic reserve account.
(3) Funding for a minimum of one full-time equivalent staff position for the economic development commission and to cover any other operational costs of the commission may be provided only through an operating appropriation to the account.
(4) Expenditures from the account may be made to prevent closure of a business or facility, to prevent relocation of a business or facility in the state to a location outside the state, or to recruit a business or facility to the state. Contingent on the funding of the account, expenditures may be authorized for:
(a) Work force development;
(b) Public infrastructure needed to support or sustain the operations of the business or facility; and
(c) Other lawfully provided assistance, including, but not limited to, technical assistance, environmental analysis, relocation assistance, and planning assistance. Funding may be provided for such assistance only when it is in the public interest and may be provided under a contractual arrangement ensuring that the state will receive appropriate consideration, such as an assurance of job creation or retention.
(5) The funds shall not be expended from the account unless:
(a) The circumstances are such that time does not permit the director of the department of community, trade, and economic development or the business or facility to secure funding from other state sources;
(b) The business or facility produces or will produce significant long-term economic benefits to the state, a region of the state, or a particular community in the state;
(c) The business or facility does not require continuing state support;
(d) The expenditure will result in new jobs, job retention, or higher incomes for citizens of the state;
(e) The expenditure will not supplant private investment; and
(f) The expenditure is accompanied by private investment.
(6) No more than three million dollars per year may be expended from the account for the purpose of assisting an individual business or facility pursuant to the authority specified in this section.
Sec. 2. RCW 43.155.050 and 2001 c 131 s 2 are each amended to read as follows:
The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated to provide for state match requirements under federal law for projects and activities conducted and financed by the board under the drinking water assistance account. Not more than fifteen percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans, emergency loans, or loans for capital facility planning under this chapter; of this amount, not more than ten percent of the biennial capital budget appropriation may be expended for emergency loans and not more than one percent of the biennial capital budget appropriation may be expended for capital facility planning loans. In addition to other appropriations, beginning July 1, 2007, and continuing until June 30, 2011, ten million dollars from the public works assistance account will be appropriated each biennium to the economic development strategic reserve account to be used for public infrastructure expenditures only.
NEW SECTION. Sec. 3. If this act and Engrossed Substitute House Bill No. 1903 both pass the legislature, no more than $50 million in total per biennium may be appropriated from the public works assistance account for the purposes of both this act and Engrossed Substitute House Bill No. 1903."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Shin moved that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5370 and ask the House to recede therefrom.
Senators Shin and Pflug spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Shin that the Senate refuse to concur in the House amendment(s) to Second Substitute Senate Bill No. 5370 and ask the House to recede therefrom.
The motion by Senator Shin carried and the Senate refused to concur in the House amendment(s) to Second Substitute Senate Bill No. 5370 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5565, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29A.40.150 and 2003 c 111 s 1015 are each amended to read as follows:
The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors. The information on the envelopes or instructions must explain that:
(1) Return postage is free if the ballot is mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy;
(2) The date of the signature is considered the date of mailing;
(3) The envelope must be signed by election day;
(4) The signed declaration on the envelope is the equivalent of voter registration;
(5) A voter may fax a voted ballot and the accompanying envelope if the voter agrees to waive secrecy. The ballot will be counted if the original documents are received before certification of the election; and
(6) A voter may obtain a ballot via electronic mail, which the voter may print out, vote, and return by mail. In order to facilitate the electronic acquisition of ballots by out-of-state, overseas, and service voters, the ballot instructions shall include the web site of the office of the secretary of state."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Berkey moved that the Senate concur in the House amendment(s) to Senate Bill No. 5565.
Senator Berkey spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Berkey that the Senate concur in the House amendment(s) to Senate Bill No. 5565.
The motion by Senator Berkey carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5565.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5565, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5565, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 2; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 39
Absent: Senators Hargrove and Haugen - 2
Excused: Senators Carrell, Delvin, Honeyford, Mulliken, Oke, Parlette, Poulsen and Stevens - 8
SENATE BILL NO. 5565, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5664, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.415.023 and 1997 c 90 s 1 are each amended to read as follows:
(1) Credits earned by certificated instructional staff after September 1, 1995, shall be eligible for application to the salary schedule developed by the legislative evaluation and accountability program committee only if the course content:
(a) Is consistent with a school-based plan for mastery of student learning goals as referenced in RCW ((28A.320.205)) 28A.655.110, the annual school performance report, for the school in which the individual is assigned;
(b) Pertains to the individual's current assignment or expected assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed by the state board of education;
(d) Is specifically required to obtain advanced levels of certification; ((or))
(e) Is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certified instructional staff; or
(f) Addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and language disabilities when addressing learning goal one under RCW 28A.150.210, as applicable and appropriate for individual certificated instructional staff.
(2) For the purpose of this section, "credits" mean college quarter hour credits and equivalent credits for approved in-service, approved continuing education, or approved internship hours computed in accordance with RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt rules and standards consistent with the limits established by this section for certificated instructional staff."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5664.
Senator McAuliffe spoke in favor of the motion.
MOTION
On motion of Senator Morton, Senators McCaslin and Deccio were excused.
MOTION
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5664.
The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5664.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5664, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5664, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Deccio, Delvin, Honeyford, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 5664, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5707, with the following amendment{s}:
On page 3, line 11, after "available" insert ", including topics related to motherhood and the accomplishments of mothers in Washington"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fraser moved that the Senate concur in the House amendment(s) to Senate Bill No. 5707.
Senator Fraser spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Fraser that the Senate concur in the House amendment(s) to Senate Bill No. 5707.
The motion by Senator Fraser carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5707.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5707, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5707, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 43
Excused: Senators Deccio, Delvin, McCaslin, Mulliken, Oke and Stevens - 6
SENATE BILL NO. 5707, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 11, 2005
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5733, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 7.06.010 and 2002 c 338 s 1 are each amended to read as follows:
In counties with a population of more than one hundred ((fifty)) thousand, mandatory arbitration of civil actions under this chapter shall be required. In counties with a population of one hundred ((fifty)) thousand or less, the superior court of the county, by majority vote of the judges thereof, or the county legislative authority may authorize mandatory arbitration of civil actions under this chapter.
Sec. 2. RCW 7.06.020 and 1987 c 212 s 101 and 1987 c 202 s 127 are each reenacted and amended to read as follows:
(1) All civil actions, except for appeals from municipal or district courts, which are at issue in the superior court in counties which have authorized arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of fifteen thousand dollars, or if approved by the superior court of a county by two-thirds or greater vote of the judges thereof, up to ((thirty-five)) fifty thousand dollars, exclusive of interest and costs, are subject to mandatory arbitration.
(2) If approved by majority vote of the superior court judges of a county which has authorized arbitration, all civil actions which are at issue in the superior court in which the sole relief sought is the establishment, termination or modification of maintenance or child support payments are subject to mandatory arbitration. The arbitrability of any such action shall not be affected by the amount or number of payments involved.
NEW SECTION. Sec. 3. Section 2 of this act applies to any case in which a notice of arbitrability is filed on or after the effective date of this act."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kline moved that the Senate concur in the House amendment(s) to Senate Bill No. 5733.
Senators Kline and Esser spoke in favor of the motion.
Senator Carrell spoke against the motion.
PERSONAL PRIVILEGE
Senator Benton: “Thank you, Mr. President. I know that some of the members have been asking about Senator Oke and our chief of staff has just gotten off the phone with him so I wanted to give a report. Senator Oke is at home even though they would of liked for him to stay in the hospital for a couple of days. He decided he wanted to go home and rest. He has pneumonia but he’s doing well. Some of you asked about visitors and he said that he would love to have visitors as long as they bring vanilla milkshakes. So, he’s in good spirits and he’ll be undergoing his bone strengthening exercise on Monday and hopes to be back with us on Tuesday. He’s looking very much forward to an early adjournment on Friday so that he can get ready for his treatment the following week. So, he’s at home, he’s in good spirits and is doing well and sends his regards.”
PERSONAL PRIVILEGE
Senator Rockefeller: “I’d like to thank the gentlemen for the report on the well-being of Senator Oke and join with him in expressing our best wishes for his recovery and return to the office, here, as soon as possible. We miss him and if possible I’m going to try to deliver one of those milkshakes. Thank you very much.”
MOTIONS
On motion of Senator Honeyford, Senator Parlette was excused.
On motion of Senator Regala, Senator Prentice was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Senate Bill No. 5733.
The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Senate Bill No. 5733.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5733, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5733, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 13; Absent, 0; Excused, 8.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 28
Voting nay: Senators Benton, Brandland, Carrell, Finkbeiner, Hewitt, Honeyford, Morton, Schmidt, Schoesler, Sheldon, Swecker, Wyss and Zarelli - 13
Excused: Senators Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette, Prentice and Stevens - 8
SENATE BILL NO. 5733, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT
The House has passed SUBSTITUTE SENATE BILL NO. 5752, with the following amendment{s}:
On page 67, beginning on line 3, strike all of section 151
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 69, line 3, after "director" strike "((or person in charge of interment))" and insert "or person ((in charge of interment)) having the right to control the disposition of the human remains under RCW 68.50.160"
On page 69, line 5, after "director" strike "((or person in charge of interment))" and insert "or person ((in charge of interment)) having the right to control the disposition of the human remains under RCW 68.50.160"
On page 71, beginning on line 25, strike all of section 159 and insert the following:
"Sec. 159. RCW 70.58.240 and 1961 ex.s. c 5 s 17 are each amended to read as follows:
Each funeral director or person ((acting as such)) having the right to control the disposition of the human remains under RCW 68.50.160 shall obtain a certificate of death, sign and file the ((same)) certificate with the local registrar, and secure a burial-transit permit, prior to any permanent disposition of the ((body)) human remains. He or she shall obtain the personal and statistical particulars required, from the person best qualified to supply them. He or she shall present the certificate to the attending physician or in case the death occurred without any medical attendance, to the proper official for certification for the medical certificate of the cause of death and other particulars necessary to complete the record. He or she shall supply the information required relative to the date and place of disposition and he or she shall sign and present the completed certificate to the local registrar, for the issuance of a burial-transit permit. He or she shall deliver the burial permit to the sexton, or person in charge of the place of burial, before interring the ((body)) human remains; or shall attach the transit permit to the box containing the corpse, when shipped by any transportation company, and the permit shall accompany the corpse to its destination."
On page 6, beginning on line 32, after "board" strike all material through "chapter" on line 34, and insert "may recognize licenses issued to funeral directors or embalmers from other states and extend reciprocity to an applicant if the ((applicant's qualifications are comparable to the requirements of this chapter)) applicant furnishes satisfactory evidence that the applicant holds a valid license issued by another licensing authority recognized by the board as having qualifications for licensure that are substantially equivalent to those required by this chapter on the date of original licensure or licensure with the other licensing authority"
On page 7, line 3, after "board" strike "must" and insert "may"
On page 11, line 22, before "Every" strike "(((1)))" and insert "(1)"
On page 11, line 26, before "If" strike "(((a))) (1)" and insert "(a)"
On page 11, line 26, after "by" strike "telephone" and insert "((telephone)) voice, data, text, electronic, or other similar transmission"
On page 11, line 29, before "At" strike "(((b))) (2)" and insert "(b)"
On page 12, beginning on line 1, strike all material through "director.))" on line 4, and insert "(2) No such funeral director, his or her agent, or his or her employee, shall bill or cause to be billed any item that is referred to as a "cash advanced" item unless the net amount paid for such item by the funeral director is the same amount as is billed to such funeral director."
On page 64, line 18, after "((one year))" strike "sixty" and insert "ninety"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5752.
Senator Kohl-Welles spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5752.
The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5752 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5752, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5752, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette, Prentice and Stevens - 8
SUBSTITUTE SENATE BILL NO. 5752, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 12, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5828, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.150 RCW to read as follows:
The legislature finds that digital learning courses and programs can provide students with opportunities to study subjects that may not otherwise be available within the students' schools, school districts, or communities. These courses can also meet the instructional needs of students who have scheduling conflicts, students who learn best from technology-based instructional methods, and students who have a need to enroll in schools on a part-time basis. Digital learning courses can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by school districts to support some digital learning courses were adopted before these types of courses were created, so the rules are not well-suited to the funding and delivery of digital instruction. It is the intent of the legislature to clarify the funding and delivery requirements for digital learning courses.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.150 RCW to read as follows:
Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through digital programs. "Digital programs" means electronically delivered learning that occurs primarily away from the classroom. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The rules shall include but not be limited to the following:
(1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district's estimated average weekly hours of learning activity as identified in the student's learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate;
(2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, a digital program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital learning programs from its staff;
(3) Requiring each school district offering or contracting to offer a digital program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating;
(4) Requiring completion of a program self-evaluation;
(5) Requiring documentation of the district of the student's physical residence;
(6) Requiring that supervision, monitoring, assessment, and evaluation of the digital program be provided by certificated instructional staff;
(7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section;
(8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district;
(9) Requiring, for each student receiving instruction in a digital program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan;
(10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed;
(11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication;
(12) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning programs to receive accreditation through the state accreditation program or through the regional accreditation program;
(13) Requiring state-funded public schools or public school programs whose primary purpose is to provide digital learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district's learning goals or of the state's essential academic learning requirements or whether they permit the student to meet one or more of the state's or district's graduation requirements; and
(14) Requiring that a school district that provides one or more digital courses to a student provide the parent or guardian of the student, prior to the student's enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Eide moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5828.
Senator Eide spoke in favor of the motion.
MOTION
On motion of Senator Esser, Senator Brandland was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Eide that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5828.
The motion by Senator Eide carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5828.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5828, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5828, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Brandland, Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 5828, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 5, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5939, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.182.160 and 2001 c 217 s 6 are each amended to read as follows:
(1) Within thirty days of receipt of proof of the consumer's identification and a copy of a ((filed)) police report, filed by the consumer, evidencing the consumer's claim to be a victim of a violation of RCW 9.35.020, a consumer reporting agency shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of a violation of RCW 9.35.020, so that the information cannot be reported, except as provided in subsection (2) of this section. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and the effective date of the block.
(2) A consumer reporting agency may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes:
(a) The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block under this section;
(b) The consumer agrees that the blocked information or portions of the blocked information were blocked in error; or
(c) The consumer knowingly obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions.
(3) If the block of information is declined or rescinded under this section, the consumer shall be notified promptly in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services, or moneys.
(4) In order to facilitate the exercise of a consumer's right to block information in his or her consumer report, all police and sheriff's departments in Washington state shall provide to the consumer, at the consumer's request, a copy of any police report, filed by the consumer, evidencing the consumer's claim to be a victim of a violation of RCW 9.35.020.
Nothing in this section shall be construed to require a law enforcement agency to investigate reports claiming identity theft."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fairley moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5939.
Senator Fairley spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5939.
The motion by Senator Fairley carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5939 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5939, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5939, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Brandland, Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 5939, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 15, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6078, with the following amendments{s}.
On page 1, of the amendment, after line 2, strike the remainder of the amendment and insert:
"NEW SECTION. Sec. 1. The legislature finds that the citizens of the state benefit from a state expenditure limit that ensures that the state budget operates with stability and predictability, while encouraging the establishment of budget priorities and a periodic review of state programs and the delivery of state services. A state expenditure limit can prevent budgeting crises that can occur because of increased spending levels during periods of revenue surplus followed by drastic reductions in state services in lean years. The citizens of the state are best served by an expenditure limit that keeps pace with the growth in the state's economy yet ensures budget discipline and taxpayer protection. For these reasons, the legislature finds that modifications to the state expenditure limit, after ten years of experience following the initial implementation of Initiative Measure No. 601, will recognize the economic productivity of the state's economy and better balance the needs of the citizens for essential government services with the obligation of the legislature for strict spending accountability and protection of its taxpayers.
Sec. 2. RCW 43.135.035 and 2001 c 3 s 8 and 2000 2nd sp.s. c 2 s 2 are each reenacted and amended to read as follows:
(1) After July 1, 1995, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken only if approved by a two-thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter. However, for legislation enacted between the effective date of this 2005 act and June 30, 2007, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken with the approval of a majority of members elected to each house, so long as state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter.
(2)(a) If the legislative action under subsection (1) of this section will result in expenditures in excess of the state expenditure limit, then the action of the legislature shall not take effect until approved by a vote of the people at a November general election. The ((office of financial management)) state expenditure limit committee shall adjust the state expenditure limit by the amount of additional revenue approved by the voters under this section. This adjustment shall not exceed the amount of revenue generated by the legislative action during the first full fiscal year in which it is in effect. The state expenditure limit shall be adjusted downward upon expiration or repeal of the legislative action.
(b) The ballot title for any vote of the people required under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a spending increase above last year's authorized spending adjusted for inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon declaration of an emergency for a period not to exceed twenty-four months by a law approved by a two-thirds vote of each house of the legislature and signed by the governor. The law shall set forth the nature of the emergency, which is limited to natural disasters that require immediate government action to alleviate human suffering and provide humanitarian assistance. The state expenditure limit may be exceeded for no more than twenty-four months following the declaration of the emergency and only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under this section may be imposed only until thirty days following the next general election, unless an extension is approved at that general election. The additional taxes shall expire upon expiration of the declaration of emergency. The legislature shall not impose additional taxes for emergency purposes under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state shall not impose any tax on intangible property listed in RCW 84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted from the state general fund on or after January 1, 1993, to another source of funding, or if moneys are transferred from the state general fund to another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall lower the state expenditure limit to reflect the shift. For the purposes of this section, a transfer of money from the state general fund to another fund or account includes any state legislative action taken ((after July 1, 2000,)) that has the effect of reducing revenues from a particular source, where such revenues would otherwise be deposited into the state general fund, while increasing the revenues from that particular source to another state or local government account. This subsection does not apply to the dedication or use of lottery revenues under RCW 67.70.240(3) or property taxes under RCW 84.52.068, in support of education or education expenditures.
(5) If the cost of any state program or function is shifted to the state general fund on or after January 1, 2000, from another source of funding, or if moneys are transferred to the state general fund from another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall increase the state expenditure limit to reflect the shift.
Sec. 3. RCW 43.135.010 and 1994 c 2 s 1 are each amended to read as follows:
The people of the state of Washington hereby find and declare:
(1) The continuing increases in our state tax burden and the corresponding growth of state government is contrary to the interest of the people of the state of Washington.
(2) It is necessary to limit the rate of growth of state government while assuring adequate funding of essential services, including basic education as defined by the legislature.
(3) The current budgetary system in the state of Washington lacks stability. The system encourages crisis budgeting and results in cutbacks during lean years and overspending during surplus years.
(4) It is therefore the intent of this chapter to:
(a) Establish a limit on state expenditures that will assure that the growth rate of state expenditures does not exceed the growth rate ((of inflation and state population)) in Washington personal income;
(b) Assure that local governments are provided funds adequate to render those services deemed essential by their citizens;
(c) Assure that the state does not impose responsibility on local governments for new programs or increased levels of service under existing programs unless the costs thereof are paid by the state;
(d) Provide for adjustment of the limit when costs of a program are transferred between the state and another political entity;
(e) Establish a procedure for exceeding this limit in emergency situations;
(f) Provide for voter approval of tax increases; and
(g) Avoid overfunding and underfunding state programs by providing stability, consistency, and long-range planning.
Sec. 4. RCW 43.135.025 and 2000 2nd sp.s. c 2 s 1 are each amended to read as follows:
(1) The state shall not expend from the general fund and related funds during any fiscal year state moneys in excess of the state expenditure limit established under this chapter.
(2) Except pursuant to a declaration of emergency under RCW 43.135.035 or pursuant to an appropriation under RCW 43.135.045(4)(b), the state treasurer shall not issue or redeem any check, warrant, or voucher that will result in a state general fund or related fund expenditure for any fiscal year in excess of the state expenditure limit established under this chapter. A violation of this subsection constitutes a violation of RCW 43.88.290 and shall subject the state treasurer to the penalties provided in RCW 43.88.300.
(3) The state expenditure limit for any fiscal year shall be the previous fiscal year's state expenditure limit increased by a percentage rate that equals the fiscal growth factor.
(4) For purposes of computing the state expenditure limit for the fiscal year beginning July 1, ((1995)) 2007, the phrase "the previous fiscal year's state expenditure limit" means the total state expenditures from the state general fund and related funds, not including federal funds, for the fiscal year beginning July 1, ((1989)) 2006, plus the fiscal growth factor. ((This calculation is then computed for the state expenditure limit for fiscal years 1992, 1993, 1994, and 1995, and as required under RCW 43.135.035(4).))
(5) A state expenditure limit committee is established for the purpose of determining and adjusting the state expenditure limit as provided in this chapter. The members of the state expenditure limit committee are the director of financial management, the attorney general or the attorney general's designee, and the chairs and ranking minority members of the senate committee on ways and means and the house of representatives committee on appropriations. All actions of the state expenditure limit committee taken pursuant to this chapter require an affirmative vote of at least ((three)) four members.
(6) Each November, the state expenditure limit committee shall adjust the expenditure limit for the preceding fiscal year based on actual expenditures and known changes in the fiscal growth factor and then project an expenditure limit for the next two fiscal years. If, by November 30th, the state expenditure limit committee has not adopted the expenditure limit adjustment and projected expenditure limit as provided in subsection (5) of this section, the attorney general or his or her designee shall adjust or project the expenditure limit, as necessary.
(7) "Fiscal growth factor" means the average ((of the sum of inflation and population change for each of the prior three fiscal years)) growth in state personal income for the prior ten fiscal years.
(8) (("Inflation" means the percentage change in the implicit price deflator for the United States for each fiscal year as published by the federal bureau of labor statistics.
(9) "Population change" means the percentage change in state population for each fiscal year as reported by the office of financial management.)) "General fund" means the state general fund.
(9) "Related fund" means the health services account, violence reduction and drug enforcement account, public safety and education account, water quality account, or student achievement fund.
Sec. 5. RCW 43.135.035 and 2005 c ... s 2 (section 2 of this act) are each amended to read as follows:
(1) After July 1, 1995, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken only if approved by a two- thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter. ((However, for legislation enacted between the effective date of this 2005 act and June 30, 2007, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken with the approval of a majority of members elected to each house, so long as state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter.))
(2)(a) If the legislative action under subsection (1) of this section will result in expenditures in excess of the state expenditure limit, then the action of the legislature shall not take effect until approved by a vote of the people at a November general election. The state expenditure limit committee shall adjust the state expenditure limit by the amount of additional revenue approved by the voters under this section. This adjustment shall not exceed the amount of revenue generated by the legislative action during the first full fiscal year in which it is in effect. The state expenditure limit shall be adjusted downward upon expiration or repeal of the legislative action.
(b) The ballot title for any vote of the people required under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a spending increase above last year's authorized spending adjusted for ((inflation and population increases)) personal income growth?"
(3)(a) The state expenditure limit may be exceeded upon declaration of an emergency for a period not to exceed twenty-four months by a law approved by a two-thirds vote of each house of the legislature and signed by the governor. The law shall set forth the nature of the emergency, which is limited to natural disasters that require immediate government action to alleviate human suffering and provide humanitarian assistance. The state expenditure limit may be exceeded for no more than twenty-four months following the declaration of the emergency and only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under this section may be imposed only until thirty days following the next general election, unless an extension is approved at that general election. The additional taxes shall expire upon expiration of the declaration of emergency. The legislature shall not impose additional taxes for emergency purposes under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state shall not impose any tax on intangible property listed in RCW 84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted from the state general fund ((on or after January 1, 1993,)) or a related fund to another source of funding, or if moneys are transferred from the state general fund or a related fund to another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall lower the state expenditure limit to reflect the shift. For the purposes of this section, a transfer of money from the state general fund or a related fund to another fund or account includes any state legislative action taken that has the effect of reducing revenues from a particular source, where such revenues would otherwise be deposited into the state general fund or a related fund, while increasing the revenues from that particular source to another state or local government account. This subsection does not apply to the dedication or use of lottery revenues under RCW 67.70.240(3) or property taxes under RCW 84.52.068, in support of education or education expenditures.
(5) If the cost of any state program or function ((is)) and the ongoing revenue necessary to fund the program or function are shifted to the state general fund or a related fund on or after January 1, ((2000, from another source of funding, or if moneys are transferred to the state general fund from another fund or account)) 2007, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall increase the state expenditure limit to reflect the shift.
Sec. 6. RCW 43.135.045 and 2003 1st sp.s. c 25 s 920 are each amended to read as follows:
(1) The emergency reserve fund is established in the state treasury. During each fiscal year, the state treasurer shall ((deposit in the emergency reserve fund all general fund--state revenues in excess of the state expenditure limit for that fiscal year. Deposits)) transfer an amount from the state general fund to the emergency reserve fund. The amount transferred shall equal the amount by which total state revenue for the general fund and related funds exceeds the state expenditure limit, multiplied by the percentage that general fund expenditures are of total expenditures from the general fund and related funds. Transfers shall be made at the end of each fiscal quarter based on projections of state revenues, expenditures, and the state expenditure limit. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues and the expenditure limit for fiscal year 2000 and thereafter.
(2) The legislature may appropriate moneys from the emergency reserve fund only with approval of at least two-thirds of the members of each house of the legislature, and then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
(3) The emergency reserve fund balance shall not exceed five percent of annual general fund--state revenues as projected by the official state revenue forecast. Any balance in excess of five percent shall be transferred on a quarterly basis by the state treasurer as follows: Seventy-five percent to the student achievement fund hereby created in the state treasury and twenty-five percent to the general fund balance. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year 2000 and thereafter. When per-student state funding for the maintenance and operation of K-12 education meets a level of no less than ninety percent of the national average of total funding from all sources per student as determined by the most recent published data from the national center for education statistics of the United States department of education, as calculated by the office of financial management, further deposits to the student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level. Remaining funds are part of the general fund balance and these funds are subject to the expenditure limits of this chapter.
(4) The education construction fund is hereby created in the state treasury.
(a) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction.
(b) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.
(5) Funds from the student achievement fund shall be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall be made on an equal per full-time equivalent student basis to each school district.
(((6) Earnings of the emergency reserve fund under RCW 43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are in excess of thirty-five million dollars each fiscal year. Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account under this subsection did not total thirty-five million dollars, the state treasurer shall transfer from the emergency reserve fund an amount necessary to bring the total deposited in the multimodal transportation account under this subsection to thirty-five million dollars. The revenues to the multimodal transportation account reflected in this subsection provide ongoing support for the transportation programs of the state. However, it is the intent of the legislature that any new long-term financial support that may be subsequently provided for transportation programs will be used to replace and supplant the revenues reflected in this subsection, thereby allowing those revenues to be returned to the purposes to which they were previously dedicated. No transfers from the emergency reserve fund to the multimodal fund shall be made during the 2003-05 fiscal biennium.))
NEW SECTION. Sec. 7. (1) Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
(2) Sections 3 through 6 of this act take effect July 1, 2007."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Prentice moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6078.
POINT OF ORDER
Senator Zarelli: “I would submit to the body and the President that Substitute Senate Bill No. 6078 as amended by the House is not properly before the Senate. I would like to explain that. Thank you Mr. President. Senate Concurrent Resolution No. 8400 provides that after five p.m. on Friday, April 15, 2005, neither House may consider any bills, memorials or joint resolutions, except those necessary to implement the budget. Yesterday, the House considered Substitute Senate Bill No. 6078 as its special order of business, the last bill heard before 5:00 p.m. At about 6:00 p.m., the bill was voted upon and the Speaker ruled that the bill failed as it did not receive the constitutional required fifty votes. At this point the bill failed and nothing in the Concurrent Resolution contemplates any further action on a bill that is not necessary to implement the budget. At about 7:00 p.m., some two hours after the cut-off the House took up consideration of the bill for a the second time. This was in direct contravention of the cut-off resolution which states that neither House may consider any bills not necessary to implement the budget after 5:00 p.m. on April 15. Mr. President, I would further like to say that under the joint rules and under the concurrent resolution, that, though this action was taken in another body and the President may feel that he doesn’t have jurisdiction over that decision, I would argue to the President that, in fact, he does. That both bodies have agreed to the rules, to the concurrent resolution and therefore both bodies including the President, who presides over this body, should have a say as to one body or the other’s decision to, in my mind, breach those rules, Mr. President. I think that at the end of the day, the legitimacy of joint rules and concurrent resolutions is in doubt in an action like this and would ask the President for these reasons to rule that the bill is not properly before us.”
POINT OF ORDER
Senator Brown: “I would ask the President to rule that, in fact, that Substitute Senate Bill No. 6078 is properly before the Senate. That the actions that took place in the House when they considered this bill, temporarily went at ease, and ultimately passed this bill. That if such an objection were to be raised about the bill that it’s properly raised in the House and not in the Senate and would ask the President to rules thus.”
MOTION
On motion of Senator Eide, further consideration of Substitute Senate Bill No. 6078 was deferred and the bill held it’s place on the concurrence calendar.
The President Pro Tempore assumed the chair.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5951, with the following amendment{s}:
On page 7, line 23, after "for a" strike all material through "license" on line 25 and insert "horse racing license submitted pursuant to RCW 67.16.260(1)(b), liquor license, gambling license, or lottery retail license"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5951.
Senator Rasmussen spoke in favor of the motion.
MOTION
The President Pro Tempore declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5951.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5951.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5951, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5951, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 1; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 40
Voting nay: Senator Fairley - 1
Excused: Senators Brandland, Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 5951, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5997, with the following amendment{s}:
On page 11, after line 13, insert the following:
"NEW SECTION. Sec. 6. This act does not prohibit any merger of a domestic stock savings bank, organized under Title 32 RCW, with any out-of-state national bank having total assets of less than two hundred million dollars that is directly, or indirectly through a registered bank holding company, controlled, through ownership of the majority of voting stock or otherwise, by residents of the state of Washington, if an application for approval by the department of financial institutions of the proposed merger has been submitted on or prior to the effective date of this act."
Renumber the remaining section consecutively and correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Spanel moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5997.
Senator Spanel spoke in favor of the motion.
MOTION
The President Pro Tempore declared the question before the Senate to be the motion by Senator Spanel that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5997.
The motion by Senator Spanel carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5997.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5997, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5997, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Brandland, Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
ENGROSSED SUBSTITUTE SENATE BILL NO. 5997, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 13, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6037, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.070 and 2004 c 196 s 1 are each amended to read as follows:
The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for each of the following:
(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.
(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
(b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.
(c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
(C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl, such as a connection to an existing sewer line where such connection serves only the recreational or tourist use and is not available to adjacent nonrecreational or nontourist use parcels;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the six-year improvement program developed by the department of transportation as required by RCW 47.05.030;
(C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
(v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
(vi) Demand-management strategies.
(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
(c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent.
(7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
(9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.
NEW SECTION. Sec. 2. 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. 3. Section 1 of this act expires August 31, 2005."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Sheldon moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6037.
Senators Sheldon and Roach spoke in favor of the motion.
MOTION
The President Pro Tempore declared the question before the Senate to be the motion by Senator Sheldon that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6037.
The motion by Senator Sheldon carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6037.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6037, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6037, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein, Wyss and Zarelli - 41
Excused: Senators Brandland, Deccio, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 6037, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 6, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5902, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that small technology-based firms are the source of approximately one-half of the economy's major innovations and that it is in the interest of the state to increase participation by Washington state small businesses in the federal small business innovation research program by assisting them in becoming small business innovation research program grant recipients.
The legislature further finds that many small business innovators lack the grant-writing skills necessary to prepare a successful small business innovation research program proposal, and the federal program that funded grant-writing assistance has stopped operations. Nearly fifty percent of small businesses trained under the federal program won grants compared to less than ten percent of those that did not receive training.
(2) As used in this section:
(a) "Small business innovation research program" means the program, enacted pursuant to the small business innovation development act of 1982, P.L. 97-219, that provided funds to small businesses to conduct innovative research having commercial application.
(b) "Small business" means a corporation, partnership, sole proprietorship, or individual, operating a business for profit, with two hundred fifty employees or fewer, including employees employed in a subsidiary or affiliated corporation, that otherwise meets the requirements of the federal small business innovation research program.
(3) The Washington technology center shall establish a small business innovation research assistance program, including a proposal review process, to train and assist Washington small businesses to win phase I small business innovation research program awards.
(a) The Washington technology center shall give priority to first-time small business innovation research program applicants, new businesses, and firms with fewer than ten employees.
(b) The Washington technology center may charge a fee for this service."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Eide moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5902 and ask the House to recede therefrom.
Senators Eide spoke in favor of the motion.
The President Pro Tempore declared the question before the Senate to be motion by Senator Eide that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5902 and ask the House to recede therefrom.
The motion by Senator Eide carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5902 and asked the House to recede therefrom.
MOTION
On motion of Senator Hewitt, Senator Carrell was excused.
MESSAGE FROM THE HOUSE
April 7, 2005
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6025, with the following amendment{s}:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The joint legislative oversight committee on trade policy shall examine and analyze the current structure of trade policy development and implementation, including whether the office of the state trade representative should be enhanced by removing it from the office of the governor as a stand-alone office and whether the trade policy professional appointed by the governor to serve as the state trade representative should be subject to senate confirmation. The committee shall submit recommendations to the appropriate standing committees of the legislature by December 15, 2005."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Shin moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6025 and ask the House to recede therefrom.
Senator Shin spoke in favor of the motion.
The President Pro Tempore declared the question before the Senate to be motion by Senator Shin that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6025 and ask the House to recede therefrom.
The motion by Senator Shin carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6025 and asked the House to recede therefrom.
President Owen assumed the chair.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Zarelli that Substitute Senate Bill 6078 is not properly before us because the House did not act upon it in time to comply with the cutoff dates set forth in Senate Concurrent Resolution 8400, the President finds and rules as follows:
Matters of difference between the Senate and the House must generally be resolved by the processes set forth for passage of bills within the Constitution, applicable codes, and any concurrent resolutions by and between the two bodies, such as the Joint Rules or the cutoff resolution. Conduct of affairs and conclusions reached within the House are not matters on which the President should properly rule. The President will make rulings, such as scope and object, with respect to bills passed from the House over to the Senate, where such a ruling is necessary to determine the actual text of the bill to be considered, or to determine the votes needed or similar parliamentary necessities. Beyond this, the President will defer to the House on the conduct of its affairs.
When the House reports a measure out or otherwise sends an official message to the Senate, the President will generally take this message as a proper communication as to the disposition of the House’s business, and not look beyond this. Any other analysis risks generating bad will between the bodies and invites endless ‘second guessing’ of procedural matters already decided. To avoid this and promote comity between the two chambers, the President follows an approach similar to the enrolled bill doctrine found at law, under which the body promulgating a measure is the final authority as to whether it followed its own applicable procedures. The President reserves the right, of course to consider any substantial irregularities in process between the bodies. In general, however, the President will confine himself to ruling on the parliamentary merits of the matters before us, not the process followed in the House.
For these reasons, the President finds that Senator Zarelli’s point is not well-taken and the measure is properly before this body for consideration.”
The Senate resumed consideration of Substitute Senate Bill No. 6078 which had been deferred earlier in the day.
MOTION
The President declared the question before the Senate to be the motion by Senator Prentice that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6078.
Senator Zarelli spoke against the motion.
Senator Prentice spoke in favor of the motion.
The motion by Senator Prentice carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6078 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6078, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6078, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 16; Absent, 0; Excused, 8.
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, Shin, Spanel, Thibaudeau and Weinstein - 25
Voting nay: Senators Benton, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Pflug, Roach, Schmidt, Schoesler, Sheldon, Swecker, Wyss and Zarelli - 16
Excused: Senators Brandland, Carrell, Delvin, McCaslin, Mulliken, Oke, Parlette and Stevens - 8
SUBSTITUTE SENATE BILL NO. 6078, as amended by the House, 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 1:05 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Monday, April 18, 2005.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate