CERTIFICATION OF ENROLLMENT

SECOND SUBSTITUTE SENATE BILL 6599

Chapter 272, Laws of 2004

(partial veto)

58th Legislature
2004 Regular Session

CHOLINESTERASE MONITORING

EFFECTIVE DATE: 4/1/04

Passed by the Senate March 10, 2004 YEAS 49 NAYS 0 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 5, 2004 YEAS 95 NAYS 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 6599 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary
Approved April 1, 2004, with the exception of section 3, which is vetoed. GARY F. LOCKE ________________________________________ Governor of the State of Washington		FILED April 1, 2004 - 12:28 p.m. Secretary of State State of Washington

_____________________________________________

SECOND SUBSTITUTE SENATE BILL 6599
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2004 Regular Session

State of Washington

58th Legislature

2004 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Honeyford, Swecker, Parlette, Haugen, Sheahan and Rasmussen)

READ FIRST TIME 02/10/04.

AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers; adding new sections to chapter 49.17 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1 A new section is added to chapter 49.17 RCW to read as follows:
Employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department of labor and industries each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during the thirty days prior to testing, and the number of hours that each worker handled covered pesticides during the current calendar year. The department of labor and industries shall work with the department of health to correlate this data with each employee's test results. No later than January 1, 2005, the department of labor and industries shall require employers to report this data to the physician or other licensed health care professional and department of health public health laboratory or other approved laboratory when each employee's cholinesterase test is taken. The department shall also require employers to provide each employee who receives medical monitoring with: (1) A copy of the data that the employer reports for that employee upon that employee's request; and (2) access to the records on which the employer's report is based.

NEW SECTION. Sec. 2 A new section is added to chapter 49.17 RCW to read as follows:
By January 1, 2005, January 1, 2006, and January 1, 2007, the department of labor and industries shall report the results of its data collection, correlation, and analysis related to cholinesterase monitoring to the house of representatives committees on agriculture and natural resources and commerce and labor, or their successor committees, and the senate committees on agriculture and commerce and trade, or their successor committees. These reports shall also identify any technical issues regarding the testing of cholinesterase levels or the administration of cholinesterase monitoring.

     *NEW SECTION.  Sec. 3   A new section is added to chapter 49.17 RCW to read as follows:
     As specified in any proviso relating to cholinesterase monitoring in the 2003-2005 omnibus operating appropriations act, the department shall make reasonable reimbursements on a quarterly basis.
     *Sec. 3 was vetoed. See message at end of chapter.

NEW SECTION. Sec. 4 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.

         Passed by the Senate March 10, 2004.
         Passed by the House March 5, 2004.
         Approved by the Governor April 1, 2004, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State April 1, 2004.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to section 3, Second Substitute Senate Bill No. 6599 entitled:

     "AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers;"

Second Substitute Senate Bill No. 6599 requires the Department of Labor and Industries to collect, correlate, and analyze certain data related to cholinesterase tests.

Section 3 would have required the department to make reasonable reimbursements on a quarterly basis as specified in the operating budget. This section refers to an appropriation in the operating budget that is to be used to reimburse agricultural employers for training, travel, and record-keeping costs related to complying with the cholinesterase monitoring rule.

In order to directly reimburse employers, the department will have to create a new payment system. Section 3 dictates how the department should reimburse employers, thus limiting the agency's flexibility on the design of the new system. The agency may decide that it is more practical to reimburse monthly, biannually or annually. In any case, the department should have the flexibility to make this decision.

For these reasons, I have vetoed section 3 of Second Substitute Senate Bill No. 6599.

With the exception of section 3, Second Substitute Senate Bill No. 6599 is approved."