SIXTY-EIGHTH DAY
MORNING SESSION
Senate Chamber, Olympia, Friday, March 20, 2009
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach.
The Sergeant at Arms Color Guard consisting of Pages Drew Langer and Garrett Stephenson, presented the Colors. Pastor Mark Van Haitsma of Olympia Christian Reformed Church 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
There being no objection, the Senate advanced to the first order of business.
REPORTS OF STANDING COMMITTEES
March 19, 2009
SHB 1041 Prime Sponsor, Committee on Health Care & Wellness: Authorizing the purchase, storage, and administration of medications by occupational therapists. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
March 18, 2009
HB 1068 Prime Sponsor, Representative Pedersen: Revising the Washington business corporation act. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Kohl-Welles and Roach.
Passed to Committee on Rules for second reading.
March 19, 2009
SHB 1071 Prime Sponsor, Committee on Health Care & Wellness: Concerning advanced registered nurse practitioners. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
March 18, 2009
HB 1120 Prime Sponsor, Representative Pedersen: Concerning uniform laws. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Kohl-Welles and Roach.
Passed to Committee on Rules for second reading.
March 18, 2009
SHB 1261 Prime Sponsor, Committee on Judiciary: Enacting the adult guardianship and protective proceedings jurisdiction act. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Kohl-Welles and Roach.
Passed to Committee on Rules for second reading.
March 18, 2009
HB 1264 Prime Sponsor, Representative Springer: Regarding the creation and registration of entities formed by public agencies. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin; Kohl-Welles and Roach.
Passed to Committee on Rules for second reading.
March 19, 2009
HB 1322 Prime Sponsor, Representative Green: Repealing scoliosis screening in schools. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; King; Hobbs; Jarrett and McDermott.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Holmquist and Roach.
Passed to Committee on Rules for second reading.
March 19, 2009
ESHB 1401 Prime Sponsor, Committee on Health Care & Wellness: Concerning the standard health questionnaire. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
March 19, 2009
SHB 1418 Prime Sponsor, Committee on Education: Establishing a statewide dropout reengagement system. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass. Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; Hobbs; Jarrett; McDermott and Roach.
MINORITY recommendation: Do not pass. Signed by Senators King and Holmquist.
Passed to Committee on Ways & Means.
March 18, 2009
SHB 1597 Prime Sponsor, Committee on Finance: Concerning the administration of state and local tax programs. Reported by Committee on Ways & Means
MAJORITY recommendation: Do pass. Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Fairley; Hobbs; Keiser; Kline; Kohl-Welles; McDermott; Murray; Regala and Rockefeller.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Zarelli; Brandland; Carrell; Hewitt; Parlette and Pflug.
Passed to Committee on Rules for second reading.
March 19, 2009
EHB 1824 Prime Sponsor, Representative Rodne: Requiring the adoption of policies for the management of concussion and head injury in youth sports. Reported by Committee on Early Learning & K-12 Education
MAJORITY recommendation: Do pass as amended. Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; King; Hobbs; Holmquist; Jarrett and McDermott.
Passed to Committee on Rules for second reading.
March 19, 2009
HB 1835 Prime Sponsor, Representative Angel: Concerning the use of respectful language in state statutes. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug; Becker; Fairley; Marr; Murray and Parlette.
Passed to Committee on Rules for second reading.
March 19, 2009
SHB 1869 Prime Sponsor, Committee on Health Care & Wellness: Concerning the transparency of health care cost information. Reported by Committee on Health & Long-Term Care
MAJORITY recommendation: Do pass as amended. Signed by Senators Keiser, Chair; Franklin, Vice Chair; Fairley; Marr and Murray.
MINORITY recommendation: That it be referred without recommendation. Signed by Senators Pflug; Becker and Parlette.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
March 19, 2009
MR. PRESIDENT:
The Speaker has signed the following:
SUBSTITUTE SENATE BILL NO. 5417,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5595,
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Kastama moved adoption of the following resolution:
SENATE RESOLUTION
8646
By Senators Kastama, Eide, Kilmer, Franklin, Regala, Carrell, and Roach
WHEREAS, The annual Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and
WHEREAS, 2009 marks the seventy-sixth annual Daffodil Festival; and
WHEREAS, The mission of the Daffodil Festival is to focus national and regional attention on our local area as a place to live and visit, to give citizens of Pierce County a civic endeavor where "Swing into Spring" comes alive, fostering civic pride, to give young people and organizations of the local area an opportunity to display their talents and abilities, to give vent to citizens' enthusiasm in parades, pageantry, and events, and to stimulate the business economy through expenditures by and for the Festival and by visitors attracted during Festival Week; and
WHEREAS, The Festival began in 1926 as a modest garden party in Sumner and grew steadily each year until 1934, when flowers, which previously had been largely discarded in favor of daffodil bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and
WHEREAS, The Festival's 2009 events are ongoing with the forty-eighth Annual Junior Parade on March 28, 2009, the seventy-sixth Annual Grand Floral Street Parade on April 4, 2009--winding its way from downtown Tacoma through the communities of Puyallup, Sumner, and Orting and consisting of approximately forty float entries and over eighty other entries, including bands, marching and mounted units and floats that are decorated with fresh-cut Daffodils, numbering in the thousands--and will culminate with the fifty-seventh Annual Marine parade on April 19, 2009; and
WHEREAS, This year's Festival royalty includes Queen Melanie Stambaugh, Emerald Ridge High School; Princesses Melissa Weiner, Bethel High School; Danika Wilcoxson, Bonney Lake High School; Meredith Gallion, Cascade Christian High School; Gabriella Traido, Chief Leschi High School; Wendy Taduran, Clover Park High School; Jessica Larsen, Curtis High School; Hayley Larson, Eatonville High School; Colleen Phillips, Fife High School; Kirsten Nee, Franklin Pierce High School; Brandy Winter, Graham-Kapowsin High School; Anna Chow, Henry Foss High School; Maili Dellinger, Lakes High School; Abigail Smith, Lincoln High School; Jessica Madden, Mt. Tahoma High School; Lindsey Withers, Orting High School; Robyn Olson, Puyallup High School; Jin Stedge, Rogers High School; Gerianne Perkins, Spanaway Lake High School; Myranda Morris, Stadium High School; Shelby Parkin, Sumner High School; Courtney Schumacher, Wilson High School; and Saige Jennings, Washington High School;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor the many contributions made to our state by the Daffodil Festival and its organizers for the past seventy-six years; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the 2009 Daffodil Festival Officers and to the members of the Festival Royalty.
Senator Kastama spoke in favor of adoption of the resolution.
PERSONAL PRIVILEGE
Senator Becker: “Thank you Mr. President. I just wanted to say thank you to all the Daffodil Princesses and Queens here today. Growing up in Enumclaw in the 60’s as well we always went to Tacoma, Puyallup and Sumner and Orting and went to every parade every year. A lot of our families, a lot of our kids that we were in 4H and rode in parades, we rode our horses in the parades and what a day that was to go to the parade. I want to thank each and every one of you for being here and tell you what a neat history this has been for the whole state of Washington and what an honor it is to see you here today. Thank you.”
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8646.
The motion by Senator Kastama carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed the 2009 Daffodil Festival Royal Court who were present at the bar of the Senate.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced officers of the 2009 Daffodil Festival, President, Brad Stevens; Queen Mother Carrie Swanlund and other Daffodil officers and chaperones who were seated in the gallery.
With permission of the Senate, business was suspended to allow Miss Melanie Stambaugh, the 2009 Daffodil Queen' to address the Senate.
REMARKS BY MELANIE STAMBAUGH
Melanie Stambaugh: “Thank you so much and good morning. I would like to begin by thanking Lieutenant Governor, Brad Owen for allowing us to be here today. I know all the Princesses and myself are so excited to be on the Senate floor. I would also like to thank Senator Kastama for the proclamation because it is very important to the Daffodil Festival and continuing this amazing tradition in the Pierce County area. It is lovely to be back at the state legislature. I was a House page. Please do not be offended at the House. I wish I could have been a Senate page. It would have been very fun as well. I enjoyed walking in this morning and getting to remember all of the exciting memories I had and a few of the princesses were also pages and getting to share in those memories and remembered really the tradition and seeing the pages that are here as well and seeing this continuing legacy. It reminds me of the Daffodil parade, the Daffodil tradition that also has a similar legacy in the youth of the Pierce County and just how amazing and inspirational it is. I know for me as a senior as well as all the other girls, the Daffodil Festival has helped us in so many ways. It has given us opportunities to like a daffodil, blossom into the people that we’re going to be going into college as well as into our careers. I know that some of the girls are aspiring to go to places like New York University and MIT, University of Washington, Pacific Lutheran University. There are a host of different tracks that the girls are all desiring to go on and it is because of the Daffodil Festival that they are able to reach our dreams. Thank you so much for supporting the festival. It is amazing and this year also today is a memorable day because it’s not only a day that we get to be here but it’s the first day of Spring. So, we are excited to swing into spring with our theme this year and be here with you all and thank you for your support because without it the Daffodil Festival could truly not impact the community how it does. We represent twenty-three high schools in the Pierce County area and we are a light for all the students and younger students. I remember as a freshman seeing the senior high Daffodil Princess for the high school and really inspiring to be that one day and it’s exciting to see how I’ve been able to track the activities that I have been involved in to be able to become a Princess and then to become Queen. I know each of the girls have done the same thing. So thank you so much for supporting the Daffodil Festival and we hope to see you, hopefully in Tacoma, Puyallup, Sumner or Orting on April 4 to see us as we go by in the parade. Thank you.”
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Representatives from the United Kingdom, Lord Oxburgh, Member of the House of Lords, Mr. Colin Challen, Member of Parliament, The Honorable Annabelle Malins, Consul for Science and Innovation, British Consulate General in San Francisco; Ms. Jane Kozinski, Senior Policy Advisor on Climate Change for the British Embassy's Climate Change and Energy Team; Mr. Tim McRae, Western U. S. Climate Change and Energy Advisor to the British Consul General in San Francisco and Ms. Carly Baker, Communications and Research Officer for the Climate Change & Energy Team for the British Embassy in Washington who were seated in the gallery.
MOTION
At 10:20 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 10:48 a.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Marr moved that Gubernatorial Appointment No. 9073, Yvonne Lopez Morton, as a Chair of the Human Rights Commission, be confirmed.
Senator Marr spoke in favor of the motion.
MOTION
On motion of Senator Brandland, Senators Benton, McCaslin, Pflug and Roach were excused.
MOTION
On motion of Senator Marr, Senators Brown, Jacobsen and Kohl-Welles were excused.
APPOINTMENT OF YVONNE LOPEZ MORTON
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9073, Yvonne Lopez Morton as a Chair of the Human Rights Commission.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9073, Yvonne Lopez Morton as a Chair of the Human Rights Commission and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Becker, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach
Gubernatorial Appointment No. 9073, Yvonne Lopez Morton, having received the constitutional majority was declared confirmed as Chair of the Human Rights Commission.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 18, 2009
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5130 with the following amendment: 5130-S AMH ARMS OBRT 048Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.56 RCW to read as follows:
(1) The inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities may be enjoined pursuant to this section.
(a) The injunction may be requested by: (i) An agency or its representative; (ii) a person named in the record or his or her representative; or (iii) a person to whom the requests specifically pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in which the movant resides; or (ii) the superior court in the county in which the record is maintained.
(c) In order to issue an injunction, the court must find that:
(i) The request was made to harass or intimidate the agency or its employees;
(ii) Fulfilling the request would likely threaten the security of correctional facilities;
(iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(2) In deciding whether to enjoin a request under subsection (1) of this section, the court may consider all relevant factors including, but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the purpose for the request;
(d) Whether disclosure of the requested records would likely harm any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number of documents;
(f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others; and
(g) The deterrence of criminal activity.
(3) The motion proceeding described in this section shall be a summary proceeding based on affidavits or declarations, unless the court orders otherwise. Upon a showing by a preponderance of the evidence, the court may enjoin all or any part of a request or requests. Based on the evidence, the court may also enjoin, for a period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by the same requestor.
(4) An agency shall not be liable for penalties under RCW 42.56.550(4) for any period during which an order under this section is in effect, including during an appeal of an order under this section, regardless of the outcome of the appeal.
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."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Carrell moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5130.
Senator Carrell spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Carrell that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5130.
The motion by Senator Carrell carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5130 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5130, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5130, 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 Becker, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach
SUBSTITUTE SENATE BILL NO. 5130, 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
March 18, 2009
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5344 with the following amendment: 5344-S.E AMH EPAR H2647.3
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that the northern coast of the Olympic Peninsula and Washington's west coast from Cape Flattery south to Cape Disappointment:
(a) Possess uniquely rich and highly vulnerable biological, marine, and cultural resources supporting some of the nation's most valuable commercial, sport, and tribal fisheries;
(b) Sustain endangered species and numerous species of vulnerable marine mammals; and
(c) Are internationally recognized through extraordinary designations including a world heritage site, a national park, a national marine sanctuary, national wildlife refuges, a maritime area off-limits to shipping, and tribal lands and fishing areas of federally recognized coastal Indian tribes.
(2) The legislature further finds that these coasts are periodically beset by severe storms with dangerously high seas and by strong currents, obscuring fog, and other conditions that imperil vessels and crews. When vessels suffer damage or founder, the coasts are likewise imperiled, particularly if oil is spilled into coastal waters. Oil spills pose great potential risks to treasured resources.
(3) The legislature further finds that Washington has maintained an emergency response tug at Neah Bay since 1999 to protect state waters from maritime casualties and resulting oil spills. The tug is necessary because of the peculiarities of local waters that call for special precautionary measures. The tug has demonstrated its necessity and capability by responding to forty-two vessels in need of assistance. State funding for the tug is scheduled to end June 30, 2009.
(4) The legislature intends that the maritime industry should provide and fully fund at least one year-round emergency response tug at Neah Bay, with necessary logistical and operational support, and that any tug provided by the maritime industry pursuant to this act should meet or exceed technical performance requirements specified in the state's fiscal year 2009 contract for the Neah Bay emergency response tug.
Sec. 2. RCW 88.46.130 and 1991 c 200 s 426 are each amended to read as follows:
(1) By July 1, 2010, the owner or operator of a covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks light, shall establish and fund an emergency response system ((for the Strait of Juan de Fuca shall be established by July 1, 1992)) that provides for an emergency response towing vessel to be stationed at Neah Bay. ((In establishing the emergency response system, the administrator shall consider the recommendations of the regional marine safety committees. The administrator shall also consult with the province of British Columbia regarding its participation in the emergency response system.))
(2) Any emergency response towing vessel provided under this section must:
(a) Be available to serve vessels in distress in the Strait of Juan de Fuca and off of the western coast of the state from Cape Flattery light in Clallam county south to Cape Disappointment light in Pacific county; and
(b) Meet the requirements specified in section 3 of this act.
(3) In addition to meeting requirements specified in RCW 88.46.060, contingency plans for covered vessels operating in the Strait of Juan de Fuca must provide for the emergency response system required by this section. Documents describing how compliance with this section will be achieved must be submitted to the department by December 1, 2009. An initial contingency plan submitted to the department after December 1, 2009, must be accompanied by documents demonstrating compliance with this section.
(4) The requirements of this section are met if:
(a) Owners or operators of covered vessels provide an emergency response towing vessel that complies with subsection (2) of this section; or
(b) The United States government implements a system of protective measures that the department determines to be substantially equivalent to the requirements of this section as long as the emergency response towing vessel required by this section is stationed at Neah Bay.
NEW SECTION. Sec. 3. A new section is added to chapter 88.46 RCW to read as follows:
(1) An emergency response towing vessel that is a part of the emergency response system required by RCW 88.46.130 must be stationed at Neah Bay and be available to respond to vessel emergencies. The towing vessel must be able to satisfy the following minimum planning standards:
(a) Be underway within twenty minutes of a decision to deploy;
(b) Be able to deploy at any hour of any day to provide emergency assistance within the capabilities of the minimum planning standards and be safely manned to remain underway for at least forty-eight hours;
(c) In severe weather conditions, be capable of making up to, stopping, holding, and towing a drifting or disabled vessel of one hundred eighty thousand metric dead weight tons;
(d) In severe weather conditions, be capable of holding position within one hundred feet of another vessel;
(e) Be equipped with and maneuverable enough to effectively employ a ship anchor chain recovery hook and line throwing gun;
(f) Be capable of a bollard pull of at least seventy short tons; and
(g) Be equipped with appropriate equipment for:
(i) Damage control patching;
(ii) Vessel dewatering;
(iii) Air safety monitoring; and
(iv) Digital photography.
(2) The requirements of this section may be fulfilled by one or more private organizations or nonprofit cooperatives providing umbrella coverage under contract to single or multiple covered vessels.
(3)(a) The department must be authorized to contract with the emergency response towing vessel, at the discretion of the department, in response to a potentially emerging maritime casualty or as a precautionary measure during severe storms. All instances of use by the department must be paid for by the department.
(b) Covered vessels that are required to provide an emergency response towing vessel under RCW 88.46.130 may not restrict the emergency response towing vessel from responding to distressed vessels that are not covered vessels.
(4) Nothing in this section limits the ability of a covered vessel to contract with an emergency response towing vessel with capabilities that exceed the minimum capabilities provided for a towing vessel in this section.
(5) The covered vessel owner or operator shall submit a written report to the department as soon as practicable regarding an emergency response system deployment, including photographic documentation determined by the department to be of adequate quality. The report must provide a detailed description of the incident necessitating a response and the actions taken to render assistance under the emergency response system.
NEW SECTION. Sec. 4. A new section is added to chapter 88.46 RCW to read as follows:
(1) It is the intent of the legislature to provide the various components of the maritime industry with the tools necessary to satisfy the requirements of RCW 88.46.130 in the most cost-effective manner. In doing, the legislature encourages, but does not mandate, the maritime industry to unite behind their mutual interests and responsibilities and identify or form a single umbrella organization that allows all affected covered vessels to equitably share the costs inherent in the implementation of RCW 88.46.130.
(2) The legislature further finds that, given the broad range of covered vessel types and sizes, an equitable sharing of the costs of implementing RCW 88.46.130 will likely mean that not all covered vessels will be responsible for providing the same amount of funding. Any umbrella organization that is identified or formed to satisfy the requirements of this act should consider the multitude of factors that comprise the risk of vessel emergencies and the likelihood of initiating a response from the emergency response vessel required by RCW 88.46.130.
(3) The legislature intends to provide the authority for any operator of a covered vessel that feels as though an umbrella organization that is identified, formed, or proposed for formation does not equitably share the costs of compliance with RCW 88.46.130 with the covered vessel in question, or the class of vessel to which the covered vessel belongs, to either contract directly with an adequate emergency response vessel or form or join a discreet umbrella organization representing the appropriate segment of the maritime industry. However, if the operator of a covered vessel chooses not to join a proposed or existing umbrella organization, or finds that negotiations leading to the formation of an umbrella organization are not progressing in an adequate manner, the legislature requests, but does not require, that the vessel operator contact the department and provide official notice of their concern as to how the umbrella group in question failed in establishing an equitable cost-share strategy.
(4) The department shall collect and maintain all notices received under this section and shall summarize any reports received by the operators of covered vessels and report the summation to the appropriate committees of the legislature upon request by a legislative committee.
NEW SECTION. Sec. 5. (1) Designated representatives of the owners and operators of all classes of covered vessels shall negotiate, given the intent of section 4 of this act, a system to determine the equitable apportionment of costs of the emergency response system required by this act.
(2) Participants to the negotiations shall provide interim progress reports to the appropriate committees of the legislature by October 31, 2009, and again by December 1, 2009, the latter date coinciding with the deadline for contingency plans for covered vessels operating in the Strait of Juan de Fuca to provide for the emergency response system required by RCW 88.46.130. These reports shall provide available information relating to:
(a) The anticipated average annual cost of providing the emergency response system;
(b) The methodology for determining the anticipated average annual cost for each class of covered vessel, including:
(i) A system for crediting enhanced navigational or structural characteristics;
(ii) Appropriate limits on total cost for vessels that frequently transit the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks light; and
(iii) Consideration of current economic conditions; and
(c) Any impediment to equitable apportionment of costs.
(3) As used in this section, "class of covered vessel" means:
(a) Oil tankers;
(b) Tank barges;
(c) Tug and oil barge combinations;
(d) Cargo vessels;
(e) Passenger vessels; and
(f) Other covered vessels.
(4) If the representatives designated under this section to participate in negotiations fail to achieve the goals of this section or otherwise choose not to report the outcomes to the legislature, the department of ecology shall, by December 1, 2009, deliver the summation of any reports received under section 4 of this act.
(5) This section expires June 30, 2010.
NEW SECTION. Sec. 6. A new section is added to chapter 88.46 RCW to read as follows:
(1) As part of reviewing contingency plans submitted under RCW 88.46.130, the department may determine the adequacy of the emergency response system required in RCW 88.46.130 through practice drills that test compliance with the requirements of section 3 of this act. Practice drills may be conducted without prior notice.
(2) Each successful response to a vessel emergency may be considered by the department to satisfy a drill covering this portion of a covered vessel's contingency plan.
(3) Drills of the emergency response system required in RCW 88.46.130 must emphasize the system's ability to respond to a potentially worst case vessel emergency scenario.
Sec. 7. RCW 88.46.010 and 2007 c 347 s 5 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.
(2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(3) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(4) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(6) "Department" means the department of ecology.
(7) "Director" means the director of the department of ecology.
(8) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state; (ii) retail motor vehicle motor fuel outlet; (iii) facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; (iv) underground storage tank regulated by the department or a local government under chapter 90.76 RCW; or (v) marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(10) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as amended by P.L. 99-499.
(13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility.
(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(18) "Race Rocks light" means the nautical landmark located southwest of the city of Victoria, British Columbia.
(19) "Severe weather conditions" means observed nautical conditions with sustained winds measured at forty knots and wave heights measured between twelve and eighteen feet.
(20) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(((19))) (21) "Spill" means an unauthorized discharge of oil into the waters of the state.
(((20))) (22) "Strait of Juan de Fuca" means waters off the northern coast of the Olympic Peninsula seaward of a line drawn from New Dungeness light in Clallam county to Discovery Island light on Vancouver Island, British Columbia, Canada.
(23) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(((21))) (24) "Vessel emergency" means a substantial threat of pollution originating from a covered vessel, including loss or serious degradation of propulsion, steering, means of navigation, primary electrical generating capability, and seakeeping capability.
(25) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(((22))) (26) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
NEW SECTION. Sec. 8. (1) The director of the department of ecology, or the director's designee, shall initiate discussions with the director's equivalent position in the government for the Canadian province of British Columbia to explore options for Washington and British Columbia to share the marine response assets required under this act.
(2) Any progress or outcomes from the discussions initiated under this section must be reported to the appropriate committees of the legislature no later than January 1, 2011.
(3) This section expires July 31, 2011.
Sec. 9. RCW 90.56.500 and 1991 c 200 s 805 are each amended to read as follows:
(1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account shall be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW.
(2) The account shall be used exclusively to pay for:
(a) The costs associated with the response to spills of crude oil or petroleum products into the navigable waters of the state; and
(b) The costs associated with the department's use of the emergency response towing vessel as described in section 3 of this act.
(3) Payment of response costs under subsection (2)(a) of this section shall be limited to spills which the director has determined are likely to exceed fifty thousand dollars.
(4) Before expending moneys from the account, the director shall make reasonable efforts to obtain funding for response costs under subsection (2) of this section from the person responsible for the spill and from other sources, including the federal government.
(5) Reimbursement for response costs shall be allowed only for costs which are not covered by funds appropriated to the agencies responsible for response activities. Costs associated with the response to spills of crude oil or petroleum products shall include:
(((1))) (a) Natural resource damage assessment and related activities;
(((2))) (b) Spill related response, containment, wildlife rescue, cleanup, disposal, and associated costs;
(((3))) (c) Interagency coordination and public information related to a response; and
(((4))) (d) Appropriate travel, goods and services, contracts, and equipment.
NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Ranker moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5344.
Senator Ranker spoke in favor of the motion.
The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5344.
The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5344 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5344, as amended by the House.
Senator Delvin spoke against passage of the bill.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5344, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 4; Absent, 0; Excused, 6.
Voting yea: Senators Becker, Berkey, Brandland, Carrell, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senators Delvin, Honeyford, Morton and Schoesler
Excused: Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach
ENGROSSED SUBSTITUTE SENATE BILL NO. 5344, 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
March 13, 2009
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5671 with the following amendment: 5671-S. E AMH FII H2640.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The purpose of this act is to permit and set standards for producers and insurers selling annuity products issued after the effective date of this section that ensure consumers purchase annuities suitable to their financial and insurance needs and life circumstances.
NEW SECTION. Sec. 2. A new section is added to chapter 48.23 RCW to read as follows:
(1) For the purposes of this section:
(a) "Annuity" means a fixed annuity or variable annuity that is individually solicited, whether the product is classified as an individual or group annuity.
(b) "Recommendation" means advice provided by an insurance producer, or an insurer when no producer is involved, to an individual consumer that results in a purchase or exchange of an annuity in accordance with that advice.
(2) Insurers and insurance producers must comply with the following requirements in recommending and executing a purchase or exchange of an annuity:
(a) In recommending the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions to a consumer, the insurance producer, or the insurer when no producer is involved, must have reasonable grounds for believing that the recommendation is suitable for the consumer on the basis of the facts disclosed by the consumer about their investments and other insurance products and as to their financial situation and needs.
(b) Prior to the execution of a purchase or exchange of an annuity resulting from a recommendation, an insurance producer, or an insurer when no producer is involved, shall make reasonable efforts to obtain information concerning:
(i) The consumer's financial status;
(ii) The consumer's tax status;
(iii) The consumer's investment objectives; and
(iv) Other information used or considered to be reasonable by the insurance producer, or the insurer when no producer is involved, in making recommendations to the consumer.
(3) An insurer or insurance producer's recommendation must be reasonable under all circumstances actually known to the insurer or insurance producer at the time of the recommendation. Neither an insurance producer nor an insurer when no producer is involved, has any obligation to a consumer under subsection (2) of this section related to any recommendation if a consumer:
(a) Refuses to provide relevant information requested by the insurer or insurance producer;
(b) Decides to enter into an insurance transaction that is not based on a recommendation of the insurer or insurance producer; or
(c) Fails to provide complete or accurate information.
(4) An insurer must assure that a system to supervise recommendations, reasonably designed to achieve compliance with this section, is established and maintained. The system must include, but is not limited to, written procedures and conducting periodic review of its records that are reasonably designed to assist in detecting and preventing violations of this section.
(a) An insurer may contract with a third party, including insurance producers, a general agent, or independent agency, to establish and maintain a system of supervision as required in this subsection with respect to insurance producers under contract with or employed by the third party. An insurer must make reasonable inquiry to assure that the third party is performing the functions required in this subsection and must take action as is reasonable under the circumstances to enforce the contractual obligation to perform the functions. An insurer may comply with its obligation to make reasonable inquiry by doing all of the following:
(i) Annually obtaining a certification from a third party senior manager with responsibility for the delegated functions that the manager has a reasonable basis to represent, and does represent, that the third party is performing the required functions; and
(ii) Based on reasonable selection criteria, periodically selecting third parties contracting under this subsection for a review to determine whether the third parties are performing the required functions. The insurer shall perform those procedures to conduct the review that are reasonable under the circumstances.
(b) An insurer, or the contracted third party if a general agent or independent agency, is not required to:
(i) Review, or provide for review of, all insurance producer solicited transactions; or
(ii) Include in its system of supervision an insurance producer's recommendations to consumers of products other than the annuities offered by the insurer, general agent, or independent agency.
(c) A general agent or independent agency contracting with an insurer to supervise compliance with this section shall promptly, when requested by the insurer, give a certification of compliance or give a clear statement that it is unable to meet the certification criteria. A person may not provide a certification unless the person:
(i) Is a senior manager with responsibility for the delegated functions; and
(ii) Has a reasonable basis for making the certification.
(5) Compliance with the financial industry regulatory authority conduct rules pertaining to suitability satisfies the requirements under this section for the recommendation of annuities registered under the securities act of 1933 (15 U.S.C. Sec. 77(a) et seq. or as hereafter amended). The insurance commissioner must notify the appropriate committees of the house of representatives and senate if there are changes regarding the registration of annuities under the securities act of 1933 that affect the application of this subsection. This subsection does not limit the insurance commissioner's ability to enforce this section.
(6) The commissioner may order an insurer, an insurance producer, or both, to take reasonably appropriate corrective action for any consumer harmed by the insurer's or insurance producer's violation of this section.
(a) Any applicable penalty under this or other sections of Title 48 RCW may be reduced or eliminated by the commissioner if corrective action for the consumer was taken promptly after a violation was discovered.
(b) This subsection does not limit the commissioner's ability to enforce this section or other applicable sections of Title 48 RCW.
(7) Insurers and insurance producers must maintain or be able to make available to the commissioner records of the information collected from the consumer and other information used in making the recommendations that were the basis for the insurance transaction for five years after the insurance transaction is completed by the insurer, or for five years after the annuity begins paying benefits, whichever is longer. An insurer is permitted, but is not required, to maintain documentation on behalf of an insurance producer. This section does not relieve an insurance producer of the obligation to maintain records of insurance transactions as required by RCW 48.17.470.
(8) The commissioner may adopt rules to implement and administer this section.
(9) Unless otherwise specifically included, this section does not apply to recommendations involving:
(a) Direct response solicitations when there is no recommendation based on information collected from the consumer under this section; or
(b) Contracts used to fund:
(i) An employee pension or welfare benefit plan that is covered by the employment and income security act;
(ii) A plan described by sections 401(a), 401(k), 403(b), 408(k), or 408(p) of the internal revenue code, as amended, if established or maintained by an employer;
(iii) A government or church plan defined in section 414 of the internal revenue code, a government or church welfare benefit plan or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the internal revenue code;
(iv) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(v) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(vi) Formal prepaid funeral contracts.
(10) This section does not affect the application of chapter 21.20 RCW."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Berkey moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5671.
Senator Berkey spoke in favor of the 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. 5671.
The motion by Senator Berkey carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5671 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5671, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5671, 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 Becker, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jarrett, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Excused: Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach
ENGROSSED SUBSTITUTE SENATE BILL NO. 5671, 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 Eide, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1562, by Representatives Liias, Priest, Quall, Sullivan, Kenney, Simpson, McCune and Ormsby
Changing the requirements for graduating without a certificate of academic achievement or a certificate of individual achievement.
The measure was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, House Bill No. 1562 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McAuliffe and King spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 1562.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1562 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.
Voting yea: Senators Becker, Berkey, Brandland, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jarrett, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Ranker, Regala, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Kastama
Excused: Senators Benton, Brown, Jacobsen, McCaslin, Pflug and Roach
HOUSE BILL NO. 1562, 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 11:11 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 1:18 p.m. by President Owen.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5130,
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5344,
MOTION
At 1:21 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Monday, March 23, 2009.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate