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SIXTY-FIRST DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, March 12, 1993

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio and McCaslin. On motion of Senator Oke, Senators Deccio and McCaslin were excused.

The Sergeant at Arms Color Guard, consisting of Pages Jeanne Lynch and Matthew Martin, presented the Colors. Reverend Charles Leps, pastor of the Gloria Dei Lutheran Church of Olympia, offered the prayer.

MOTION

On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.

MOTION

At 10:05 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 10:23 a.m. by President Pritchard.

MESSAGES FROM THE HOUSE

March 10, 1993

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1084,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1209,

ENGROSSED HOUSE BILL NO. 1402,

ENGROSSED HOUSE BILL NO. 1437,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1519, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk

March 10, 1993

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1014,

HOUSE BILL NO. 1074,

SUBSTITUTE HOUSE BILL NO. 1195,

HOUSE BILL NO. 1220,

SUBSTITUTE HOUSE BILL NO. 1235,

HOUSE BILL NO. 1315,

HOUSE BILL NO. 1347,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1363,

HOUSE BILL NO. 1400,

HOUSE BILL NO. 1406,

HOUSE BILL NO. 1407,

HOUSE BILL NO. 1411,

HOUSE BILL NO. 1476,

SUBSTITUTE HOUSE BILL NO. 1508,

SUBSTITUTE HOUSE BILL NO. 1514,

SUBSTITUTE HOUSE BILL NO. 1640, and the same are herewith transmitted.

MARILYN SHOWALTER, Deputy Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1014 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Appelwick and Riley)

Updating uniform commercial code articles 1, 3, and 4.

Referred to Committee on Labor and Commerce.

HB 1074 by Representatives Ludwig, Padden, Appelwick and Johanson

Regulating corporations.

Referred to Committee on Law and Justice.

ESHB 1084 by House Committee on Judiciary (originally sponsored by Representatives Wineberry, Padden, Appelwick, Vance, Wang, Pruitt, Campbell, Johanson, Orr and Anderson)

Changing provisions relating to jury source lists.

Referred to Committee on Law and Justice.

SHB 1195 by House Committee on Judiciary (originally sponsored by Representatives Anderson, Sommers, Jacobsen, G. Cole, Johanson, J. Kohl and Leonard)

Allowing a person to dictate the disposition of his or her remains.

Referred to Committee on Law and Justice.

ESHB 1209 by House Committee on Education (originally sponsored by Representatives Peery, Ballard, Dorn, Jones, Brough, R. Meyers, Cothern, Sheldon, Brumsickle, Roland, Eide, Holm, Jacobsen, Thomas, J. Kohl, Ogden, Franklin, G. Cole, Veloria, Wang, H. Myers, Horn, Scott, Karahalios, L. Johnson, Thibaudeau, Wolfe, Leonard, Locke, Basich, Orr, Kessler, Campbell, Linville, Pruitt and Wineberry) (by request of Council on Education Reform and Funding)

Reforming education.

Referred to Committee on Education.

HB 1220 by Representatives Chappell, Brumsickle, Campbell, Mastin, Ludwig, H. Myers, Johanson, Riley, Romero, Karahalios, Jones, Padden, Roland, Long, L. Johnson and Flemming

Revoking drivers' licenses for certain felonies.

Referred to Committee on Law and Justice.

SHB 1235 by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Padden, Ludwig and Johanson)

Creating partnerships.

Referred to Committee on Law and Justice.

HB 1315 by Representatives H. Myers and Springer

Specifying the uses for the tax on the sale of real property.

Referred to Committee on Government Operations.

HB 1347 by Representatives Forner, Rayburn, Dyer, Thomas, Wood, Morton and Silver

Authorizing the department of agriculture to control diseases in alpacas and llamas.

Referred to Committee on Agriculture.

ESHB 1363 by House Committee on Local Government (originally sponsored by Representatives Peery, H. Myers, Springer, Dunshee, Romero, Zellinsky and Wineberry)

Requiring the county assessor to verify that all necessary building permits have been issued when conducting a physical appraisal.

Referred to Committee on Government Operations.

HB 1400 by Representatives Heavey and Franklin (by request of Department of Licensing)

Regulating real estate appraisers.

Referred to Committee on Labor and Commerce.

EHB 1402 by Representatives Springer and Heavey (by request of Department of Licensing)

Changing licensing provisions.

Referred to Committee on Labor and Commerce.

HB 1406 by Representatives Silver, Sommers, Chandler, Fuhrman, Locke and Ogden (by request of Legislative Budget Committee)

Changing the name of the legislative budget committee.

Referred to Committee on Ways and Means.

HB 1407 by Representatives Sommers, Silver, Chandler, Fuhrman, Locke, Ogden and Brough (by request of Legislative Budget Committee)

Changing duties of the legislative auditor and attorney general regarding the legislative budget committee.

Referred to Committee on Ways and Means.

HB 1411 by Representatives Pruitt, Morton, R. Johnson, Brown and Brough

Allowing metropolitan park districts to acquire open space, land, or rights to future development.

Referred to Committee on Ecology and Parks.

EHB 1437 by Representatives R. Meyers, Dorn, Pruitt and Campbell

Requiring policy and performance audits of department of veteran affairs, Washington soldiers' home, and Washington veterans' home.

Referred to Committee on Government Operations.

HB 1476 by Representatives Wineberry, Ballard, Shin, G. Cole, Brough, Ogden, Forner, J. Kohl, Veloria, Vance, Leonard, Casada, Miller, Ballasiotes, Foreman, Chandler, Wood, Cooke, H. Myers and Lisk (by request of Human Rights Commission)

Revising provisions relating to meeting federal fair housing act requirements for housing equivalency.

Referred to Committee on Labor and Commerce.

SHB 1508 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky and Pruitt)

Regulating prescription claims for insurance coverage that were initially approved over the telephone or by other means.

Referred to Committee on Health and Human Services.

SHB 1514 by House Committee on Higher Education (originally sponsored by Representatives Kessler, Jacobsen, Basich, Jones, Holm, Sheldon and Riley)

Changing provisions relating to the Olympic natural resources center.

Referred to Committee on Higher Education.

ESHB 1519 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representative Ballard)

Creating an office of housing affordability and regulatory reform.

Referred to Committee on Trade, Technology and Economic Development.

SHB 1640 by House Committee on Judiciary (originally sponsored by Representatives Johanson, Ballasiotes, Wineberry, Padden, Schmidt, Ludwig, Mastin, Riley, Thibaudeau, Campbell, Long, Forner, H. Myers, Brough, Vance, Jones, Foreman, Fuhrman, Schoesler, Miller, Casada, Jacobsen, Stevens, Rayburn, Kremen, Silver, Quall, Talcott, Tate, Orr, Van Luven and Anderson)

Making the property of a convicted person acquired as a result of the crime subject to seizure and forfeiture.

Referred to Committee on Law and Justice.

SECOND READING

SENATE BILL NO. 5635, by Senators Niemi and Talmadge

Modifying procedures regarding disclosure of address of a health professional subject to a disciplinary complaint.

The bill was read the second time.

MOTION

On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5635 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5635.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5635 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

Excused: Senators Deccio and McCaslin - 2.

SENATE BILL NO. 5635, 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.

INTRODUCTION OF SPECIAL GUESTS

The President introduced and welcomed Superintendent of Public Instruction, Judith Billings, who was seated on the rostrum.

Superintendent Billings introduced the Washington State Teacher of the Year, Kathleen Paris, of the Bethel School District, who was also on the rostrum.

With permission of the Senate, business was suspended, to permit Ms. Paris to address the Senate.

Senators Rasmussen and McAuliffe welcomed and congratulated Ms. Paris for her good work in the classroom and for being present in the Senate Chamber today.

SECOND READING

SENATE BILL NO. 5849, by Senators M. Rasmussen, Erwin, McAuliffe, Roach, Anderson, Bauer, Barr, Amondson and Loveland

Revising dairy management.

MOTIONS

On motion of Senator Jesernig, Substitute Senate Bill No. 5849 was substituted for Senate Bill No. 5849 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jesernig, the rules were suspended, Substitute Senate Bill No. 5849 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5849.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5849 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 5849, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5753, by Senators Snyder and L. Smith

Creating a new judgeship for Cowlitz County.

MOTIONS

On motion of Senator Adam Smith, Substitute Senate Bill No. 5753 was substituted for Senate Bill No. 5753 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Adam Smith, the rules were suspended, Substitute Senate Bill No. 5753 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5753.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5753 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 5753, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5838, by Senators Sutherland, Williams and Roach

Creating an energy siting process review committee.

The bill was read the second time.

MOTION

On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5838 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5838.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5838 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Deccio and McCaslin - 2.

SENATE BILL NO. 5838, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5688, by Senators Owen, A. Smith and Oke

Modifying enforcement of forest practices guidelines.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 5688 was substituted for Senate Bill No. 5688 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5688 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5688.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5688 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Voting nay: Senator Barr - 1.

Excused: Senators Deccio and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 5688, 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 11:04 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.

The Senate was called to order at 12:05 p.m. by President Pritchard.

MOTION

At 12:05 p.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.

The Senate was called to order at 1:11 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5134, by Senators Haugen, Barr, Snyder, Oke, Winsley, Roach and Erwin

Allowing property owned by nonprofit organizations to be used for certain activities without loss of property tax exemption.

MOTIONS

On motion of Senator Spanel, Substitute Senate Bill No. 5134 was substituted for Senate Bill No. 5134 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 5134 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5134.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5134 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 4; Absent, 2; Excused, 2.

Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 41.

Voting nay: Senators Anderson, Pelz, Skratek and Talmadge - 4.

Absent: Senators Prince and West - 2.

Excused: Senators Deccio and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 5134, 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 Oke, Senator Prince was excused.

SECOND READING

SENATE BILL NO. 5487, by Senators Bauer, Barr, M. Rasmussen, Snyder, Gaspard, Vognild, Newhouse, Drew, Sutherland, Quigley, Hochstatter and Loveland

Changing provisions regarding agister liens.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5487 was substituted for Senate Bill No. 5487 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5487 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5487.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5487 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

Excused: Senators Deccio, McCaslin and Prince - 3.

SUBSTITUTE SENATE BILL NO. 5487, 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 Jesernig, the Senate resumed consideration of Second Substitute Senate Bill No. 5304, deferred March 11, 1993.

MOTION

Senator Moyer moved that the following amendments be considered simultaneously and be adopted:

On page 4, strike all of line 1, and insert the following:

"PART I. VOLUNTARY FORMATION OF STATE-WIDE HEALTH

INSURANCE PURCHASING POOL

NEW SECTION. Sec. 101. A new section is added to Title 48 RCW to read as follows:

DEFINITION OF A BASIC HEALTH CARE BENEFIT PACKAGE. Carriers regulated under chapters 48.20, 48.21, 48.44, and 48.46 RCW may collectively design a basic health care benefit package. The health services in the benefit package shall not be less than those provided through the basic health plan under chapter 70.47 RCW. Each carrier shall submit a schedule of premiums periodically for the basic benefit package to the commissioner. The insurance commissioner shall review each carrier's schedule of premiums periodically to determine whether they are reasonable in relation to the basic benefit package. Only when the commissioner determines that rates are reasonable shall the carriers offer the basic benefit package.

NEW SECTION. Sec. 102. HEALTH INSURANCE REFORMS. Basic benefit plans authorized under section 101 of this act should be offered subject to the following provisions:

(1) Should not deny, exclude, or limit benefits for a covered individual for losses incurred more than six months following the effective date of the eligible individual's coverage due to a preexisting condition.

(2) Should not modify, decrease, exclude, or restrict benefits through riders, conditions, restrictions, endorsements, or otherwise, on the basis of sex, age, or health status or health condition of the eligible individual.

(3) Should not modify, decrease, or restrict coverage through riders, conditions, restrictions, endorsements, or otherwise, on the basis of category of business trade, employment skill, or vocation or profession of the eligible individual.

(4) Should guarantee renewability of coverage except for nonpayment of premium unless the insurer has obtained the prior written approval of the commissioner who may, at his or her discretion, permit nonrenewal when renewal would impair the carrier's ability to perform its contractual duties.

(5) Entities offering health benefit plans should assume the full financial risk of providing the health benefit plan to all enrollees or participate in risk distribution methods authorized under section 103 of this act.

NEW SECTION. Sec. 103. A new section is added to Title 48 RCW to read as follows:

MEDICAL RISK DISTRIBUTION. The insurance commissioner shall establish methods to assure the fair distribution of high medical risk enrollees among carriers subject to section 101 of this act or fair financial compensation for basic benefit plans that have a disproportionately large number of high medical risk enrollees. This shall be done in a manner to assure that costs associated with providing services to high medical risk enrollees is fairly distributed among the regulated carriers.

NEW SECTION. Sec. 104. A new section is added to Title 48 RCW to read as follows:

INSURANCE COMMISSIONER AUTHORITY. If the insurance commissioner determines that less than one hundred percent of the regulated carriers in the state have not complied with sections 101 through 103 of this act by July 1, 1995, the commissioner shall exercise duties and responsibilities under chapter ---, Laws of 1993 (this act).

NEW SECTION. Sec. 105. Sections 101 through 103 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 shall take effect immediately.

NEW SECTION. Sec. 106. Sections 202 through 215, 229 through 252, 271 through 283, 301 through 308, 317 through 339, 346 through 351, 354 through 363, and 366 of this act shall take effect July 1, 1995, only if the insurance commissioner determines and certifies to the governor that less than one hundred percent of the regulated carriers in the state have not complied with sections 101 through 103 of this act."

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

On page 22, line 2, strike "1997" and insert "1999"

On page 23, line 27, strike "1994" and insert "1996"

On page 24, line 6, strike "1996" and insert "1998"

On page 24, line 27, strike "1996. On January 1, 1997" and insert "1998. On January 1, 1999"

On page 25, line 36, strike "1996" and insert "1998"

On page 26, line 7, strike "1997" and insert "1999"

On page 27, line 16, strike "1995" and insert "1997"

On page 27, line 30, strike "1994" and insert "1996"

On page 28, line 7, strike "1994" and insert "1996"

On page 28, line 26, strike "1994" and insert "1996"

On page 30, line 6, strike "1995" and insert "1997"

On page 31, line 28, strike "1994" and insert "1996"

On page 31, line 31, strike "1997" and insert "1999"

On page 32, at the beginning of line 4, strike "1995" and insert "1997"

On page 32, line 4, after "than July" strike "1997" and insert "1999"

On page 32, line 36, strike "1997" and insert "1999"

On page 63, beginning on line 2, strike all of section 271 and insert the following:

"Sec. 271. RCW 82.24.020 and 1989 c 271 s 504 are each amended to read as follows:

(1) There is levied and there shall be collected as hereinafter provided, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.

(2) Until July 1, 1995, an additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of one and one-half mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the drug enforcement and education account under RCW 69.50.520 by the twenty-fifth day of the following month.

(3) There is an additional tax imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to ten cents per cigarette. All revenues collected from this additional tax shall be deposited in the basic health plan trust account to be used exclusively for the purposes of chapter 70.47 RCW.

(4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.

(((4))) (5) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his designee by a person other than the purchaser, constructive possession by the purchaser or his designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held.

Sec. 272. RCW 82.26.020 and 1983 2nd ex.s. c 3 s 16 are each amended to read as follows:

(1) From and after June 1, 1971, there is levied and there shall be collected a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state at the rate of forty-five percent of the wholesale sales price of such tobacco products. Such tax shall be imposed at the time the distributor (a) brings, or causes to be brought, into this state from without the state tobacco products for sale, (b) makes, manufactures, or fabricates tobacco products in this state for sale in this state, or (c) ships or transports tobacco products to retailers in this state, to be sold by those retailers.

(2) An additional tax is imposed equal ((to the rate specified in RCW 82.02.030)) seven percent multiplied by the tax payable under subsection (1) of this section.

(3) An additional tax is imposed equal to 381.80 percent of the wholesale sales price of tobacco products. Revenues collected under this subsection shall be deposited in the basic health plan trust account to be used exclusively for the purposes of chapter 70.47 RCW."

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 64, after line 24, strike all of section 273

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 66, line 5, after "June 30," strike "1995" and insert "1997"

On page 66, line 6, after "July 1," strike "1995" and insert "1997"

On page 66, line 6, after "June 30," strike "1997" and insert "1999"

On page 67, line 24, strike "1995" and insert "1997"

On page 67, at the beginning of line 25, strike "1995" and insert "1997"

On page 67, line 25, strike "1997" and insert "1999"

On page 68, line 26, strike "1995" and insert "1997"

On page 68, line 27, strike "1995" and insert "1997"

On page 68, at the beginning of line 33, strike "1995" and insert "1997"

On page 68, line 35, strike "1994" and insert "1996"

On page 69, line 22, strike "1995" and insert "1997"

On page 69, line 23, strike "1995" and insert "1997"

On page 69, line 29, strike "1995" and insert "1997"

On page 69, line 31, strike "1994" and insert "1996"

On page 70, line 16, after "January 1," strike "1995" and insert "1997"

On page 70, line 16, after "December 31," strike "1995" and insert "1997"

On page 70, line 22, strike "1995" and insert "1997"

On page 70, line 25, strike "1994" and insert "1996"

On page 74, line 7, strike "1995" and insert "1997"

On page 74, line 32, strike "1995" and insert "1997"

On page 75, line 2, strike "1995" and insert "1997"

On page 75, line 4, strike "1995" and insert "1997"

On page 75, line 14, strike "1995" and insert "1997"

On page 75, line 18, strike "1995" and insert "1997"

On page 75, line 32, strike "1995" and insert "1997"

On page 75, line 38, strike "1995" and insert "1997"

On page 76, line 4, strike "1995" and insert "1997"

On page 82, line 5, strike "1995" and insert "1997"

On page 85, line 32, strike "1996" and insert "1998"

On page 101, line 2, strike "1994" and insert "1996"

On page 113, line 28, strike "1997" and insert "1999"

On page 113, line 35, strike "1995" and insert "1997"

On page 114, line 13, strike "1995" and insert "1997"

On page 114, line 21, strike "1995" and insert "1997"

On page 114, line 26, strike "1996" and insert "1998"

On page 114, line 31, strike "1996" and insert "1998"

On page 115, line 3, strike "1997" and insert "1999"

On page 115, line 8, strike "1997" and insert "1999"

On page 115, line 15, strike "1998" and insert "2000"

On page 117, line 29, strike "1994" and insert "1996"

On page 117, line 34, strike "1994" and insert "1996"

On page 117, line 37, strike "1995 through 1997" and insert "1997 through 1999"

On page 119, line 37, strike "1997" and insert "1999"

On page 119, line 38, strike "1999" and insert "2001"

On page 120, line 29, after "SCHEDULE." insert "The following schedule shall be delayed two years."

On page 128, after line 37, insert the following:

"O. INSURANCE CODE REVISIONS

Sec. 367. RCW 48.21.010 and 1992 c 226 s 2 are each amended to read as follows:

Group disability insurance is that form of disability insurance, including stop loss insurance as defined in RCW 48.11.030, provided by a master policy issued to an employer, to a trustee appointed by an employer or employers, or to an association of employers formed for purposes other than obtaining such insurance, except as may be authorized in sections 101 through 103 of this act, covering, with or without their dependents, the employees, or specified categories of the employees, of such employers or their subsidiaries or affiliates, or issued to a labor union, or to an association of employees formed for purposes other than obtaining such insurance, covering, with or without their dependents, the members, or specified categories of the members, of the labor union or association, or issued pursuant to RCW 48.21.030. Group disability insurance shall also include such other groups as qualify for group life insurance under the provisions of this code.

Sec. 368. RCW 48.21.050 and 1947 c 79 s .21.05 are each amended to read as follows:

Except as provided for in sections 101 through 103 of this act, every policy of group or blanket disability insurance shall contain in substance the provisions as set forth in RCW 48.21.060 to 48.21.090, inclusive, or provisions which in the opinion of the commissioner are more favorable to the individuals insured, or at least as favorable to such individuals and more favorable to the policyholder. No such policy of group or blanket disability insurance shall contain any provision relative to notice or proof of loss, or to the time for paying benefits, or to the time within which suit may be brought upon the policy, which in the opinion of the commissioner is less favorable to the individuals insured than would be permitted by the standard provisions required for individual disability insurance policies.

Sec. 369. RCW 48.30.300 and 1975-'76 2nd ex.s. c 119 s 7 are each amended to read as follows:

No person or entity engaged in the business of insurance in this state shall refuse to issue any contract of insurance or cancel or decline to renew such contract because of the sex or marital status, or the presence of any sensory, mental, or physical handicap of the insured or prospective insured. The amount of benefits payable, or any term, rate, condition, or type of coverage shall not be restricted, modified, excluded, increased or reduced on the basis of the sex or marital status, or be restricted, modified, excluded or reduced on the basis of the presence of any sensory, mental, or physical handicap of the insured or prospective insured. Except as provided for in sections 101 through 103 of this act, these provisions shall not prohibit fair discrimination on the basis of sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.

Sec. 370. RCW 48.44.220 and 1983 c 154 s 4 are each amended to read as follows:

No health care service contractor shall deny coverage to any person solely on account of race, religion, national origin, or the presence of any sensory, mental, or physical handicap. Except as provided for in sections 101 through 103 of this act, nothing in this section shall be construed as limiting a health care service contractor's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health care service contractor for purposes of determining coverage for any person.

No health care service contractor shall refuse to provide reimbursement or indemnity to any person for covered health care services for reasons that the health care services were provided by a holder of a license under chapter 18.22 RCW.

Sec. 371. RCW 48.46.370 and 1983 c 106 s 15 are each amended to read as follows:

No health maintenance organization may deny coverage to a person solely on account of the presence of any sensory, mental, or physical handicap. Except as provided for in sections 101 through 103 of this act, nothing in this section may be construed as limiting a health maintenance organization's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health maintenance organization for purposes of determining coverage for any person."

Renumber the subparts and sections consecutively and correct internal references accordingly.

Beginning on page 136, line 31, strike all of section 376

POINT OF INFORMATION

Senator Talmadge: "A point of information, Mr. President. To again clarify, my understanding was that the amendments by Senator Moyer covered everything over and through what was denominated page thirteen. It is a thirteen page amendment; my understanding was that it was one single amendment that was being offered by Senator Moyer."

REPLY BY THE PRESIDENT

President Pritchard: "Senator Moyer, can we clarify this?"

REPLY BY SENATOR MOYER

Senator Moyer: "Senator, would you mind repeating that question? I got involved over here."

Senator Talmadge: "My understanding was that your amendments included everything that was marked from page one all through page thirteen. Is my understanding incorrect or correct?"

Senator Moyer: "You are correct."

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Moyer on pages 4, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 63, 64, 66, 67, 68, 69, 70, 74, 75, 76, 82, 85, 101, 113, 114, 115, 117, 119, 120, 128, and 136, to Second Substitute Senate Bill No. 5304.

The motion by Senator Moyer failed and the amendments were not adopted.

MOTION

Senator Talmadge moved that the following amendments be considered simultaneously and be adopted:

On page 13, line 7, after "(1)" strike "To" and insert "(a) Until December 30, 1999, to"

On page 13, after line 31, insert the following:

"(b) Effective January 1, 2001, the schedule of covered basic health care services under this chapter shall be identical to the uniform benefit package adopted under section 347 of this act."

Debate ensued.

Senator Amondson demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Talmadge on page 13, lines 7 and 31, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 25.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hargrove, Haugen, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 22.

Excused: Senators Deccio and McCaslin - 2.

MOTION

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

On page 16, line 2, after "state." insert "Participating managed care systems eligible as basic health care providers must permit licensed care providers, on an individual or class basis, to provide health services or care for conditions included in the basic benefit package to the extent that:

(a) The provision of such health services or care is within the health care providers' permitted scope of practice; and

(b) The providers agree to abide by standards related to:

(i) Provision, utilization review, and cost containment of health services;

(ii) Management and administrative procedures; and

(iii) Provision of cost-effective and clinically efficacious health services.

Eligible managed care systems shall develop and implement procedures for: Disclosure of provider contracting standards developed under this subsection; termination for cause of health care providers who have failed to comply with standards developed under this subsection; and appeal of a certified health plan's determination not to contract with an individual provider or provider group or to terminate a contract for cause."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Erwin and Roach on page 16, line 2, to Second Substitute Senate Bill No. 5304.

The motion by Senator Erwin failed and the amendment was not adopted.

MOTION

Senator McDonald moved that the following amendment be adopted:

On page 26, after line 22, insert the following:

"NEW SECTION. Sec. 222. A new section is added to Title 28A RCW to read as follows:

(1) All persons covered under this chapter shall have a choice of purchasing an employee benefit plan or a medical care savings account.

(2)(a) The public school shall purchase a major medical policy equal in amount to the total amount currently paid for the employee's benefit plan and direct deposit the remaining funds into the employee's medical care savings account created by the state. These funds must be used by the employee for the sole purpose of health care expenditures. The major medical policy shall have a three thousand dollar deductible, which shall increase by the federal medical inflation price index published by the health care financing administration. At the beginning of each calendar year, the public school shall renew the major medical policy and direct deposit the remaining funds into the employee's medical care savings account. When more than fifty percent of all employees are participating in the medical care savings account, the public school will recommend methods to increase future participation in medical care savings accounts, up to one hundred percent. When federal laws permit, the individual may deposit remaining funds from the medical care savings account into the individual's federal tax-exempt individual retirement account.

(b) For the purposes of this subsection "medical care savings account" means a trust created or organized in the United States for the exclusive health care benefit of an individual, the individual's spouse, or the individual's dependents.

(i) The premium differential amount realized by the employer in the plan year in which the employee elects coverage under a qualified higher deductible health plan; and

(ii) For each subsequent plan year during which such election remains in effect, the amount determined increased by an amount equal to:

(A) Such a dollar amount, multiplied by,

(B) The federal medical inflation price index as published by the health care financing administration for the calendar year in which the plan year begins, by substituting the calendar year in which the plan year began.

(3) Participants who purchase a medical care savings account under this section are not required to purchase an employee benefit plan."

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McDonald on page 26, after line 22, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hargrove, Haugen, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Smith, L., Vognild, von Reichbauer, West and Winsley - 23.

Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn - 24.

Excused: Senators Deccio and McCaslin - 2.

MOTION

Senator Moore moved that the following amendments be considered simultaneously and be adopted:

On page 63, beginning on line 17, after "rate of" strike all material through "thereafter" on line 21 and insert "twelve mills per cigarette through June 30, 1994, thirteen and three-tenths mills per cigarette for the period July 1, 1994, through June 30, 1995, twenty-nine and eight-tenths mills per cigarette for the period July 1, 1995, through June 30, 1996, thirty and five-tenths mills per cigarette for the period July 1, 1996, through June 30, 1997, thirty-five mills per cigarette for the period July 1, 1997, through June 30, 1998, and thirty-five and two-tenths mills per cigarette thereafter"

Beginning on page 65, line 12, strike sections 274 and 275

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 68, beginning on line 1, strike all material through "percent))" on line 6 and insert the following:

"(1) The rate of the additional taxes under RCW 54.28.020(2), 54.28.025(2), 66.24.210(2), 66.24.290(2), 82.04.2901, 82.16.020(2), ((82.26.020(2),)) 82.27.020(5), and 82.29A.030(2) shall be seven percent; and

(2) The rate of the additional taxes under RCW 82.08.150(4) shall be fourteen percent."

Debate ensued.

MOTION

Senator Bluechel moved that the question be divided.

POINT OF ORDER

Senator Talmadge: "Mr. President, a point of order. If Senator Bluechel wants to do what he is attempting to accomplish by requesting a division, there is, I believe, a subsequent amendment by Senator Anderson that does precisely as Senator Bluechel requests. If he wishes to proceed in that fashion, he can vote to turn down Senator Moore's amendment and take up Senator Anderson's amendment at that time. I think the division excessively complicates matters."

RULING BY THE PRESIDENT

President Pritchard: "Well, let me answer his question first. The Chair rules that Senator Bluechel is right and he is entitled to divide the question. The vote will be on the first of the three amendments."

The President declared the question before the Senate to be the adoption of the amendment by Senator Moore on page 63, beginning on line 17, to Second Substitute Senate Bill No. 5304.

The motion by Senator Moore failed and the amendment was not adopted.

MOTION

On motion of Senator Moore, and there being no objection, the amendment on page 65, line 12, and the amendment on page 68, beginning on line 1, to Second Substitute Senate Bill No. 5304 were withdrawn.

MOTION

Senator McDonald moved that the following amendments be considered simultaneously and be adopted:

On page 31, line 28, after "care." strike "Beginning in January 1994" and insert "When changes in the employee retirement income security act of 1974 are accomplished by congress"

On page 31, line 31, after "agent" strike "by July 1, 1997"

On page 93, line 26, after "plan" strike "if it" and insert "when changes in the employee retirement income security act of 1974 are accomplished by congress that enable the state to dictate the employer conduct with respect to health benefit plans. The federal legislation must enable the state to require private employers who currently self-insure, employers who offer health benefits through regulated insurance, and employers who currently do not offer health benefits either through self-insurance or through regulated insurance, to offer certified plans and pay a percentage of the premiums. In addition, these entities must"

On page 93, line 27, strike "Provides" and insert "Provide"

On page 93, line 34, strike "Accepts" and insert "Accept"

On page 94, line 9, strike "Demonstrates" and insert "Demonstrate"

On page 94, line 18, strike "Complies" and insert "Comply"

On page 94, line 21, strike "Submits" and insert "Submit"

On page 94, line 26, strike "Meets" and insert "Meet"

On page 94, line 30, strike "offers" and insert "offer"

On page 94, line 35, strike "Discloses" and insert "Disclose"

On page 94, line 37, strike "Provides" and insert "Provide"

Debate ensued.

POINT OF INQUIRY

Senator Barr: "Senator McDonald, what would be the effect if we don't pass these amendments?"

Senator McDonald: "Well, essentially, the people that will be under this, Senator Barr, would be the state employees, the teachers and those who are uninsured. Those would be the ones that we would control. What has been proposed is that we have over fifty percent and we would have that if we get the ERISA waiver for those who are self-insured or those who are insured with insurance companies. That will only happen, however, if you do get those ERISA waivers. That's why these amendments are needed, Senator Barr."

POINT OF INQUIRY

Senator Gaspard: "Senator Talmadge, I would like you to address the issue of whether or not ERISA waivers can be secured--would be secured."

Senator Talmadge: "Senator Gaspard, Governor Lowry has already spoken with President Clinton at the time of the inauguration. An indication from the President was that he was strongly in support of permitting states to secure changes in the ERISA law, so that they could proceed with their kind of experimentation. He has already, also, addressed the issue of Medicaid waivers before the National Governor's Association, indicating the administration's strong support for additional waivers of Medicaid requirements under this law. I note that the one example we have is the situation where, although Hawaii had its program in place prior to the enactment of ERISA, when ERISA came into effect, there was a court challenge to Hawaii's program and the challenge was successful in federal court. Thereafter, the Hawaii congressional delegation secured a change in ERISA and that is what is presently reflected in law. I think the track record of success for securing an ERISA waiver is a good one."

The President declared the question before the Senate to be the adoption of the amendments by Senator McDonald on page 31, lines 28 and 31; page 93, lines 26, 27 and 34; and page 94, lines 9, 18, 21, 26, 30, 35 and 37, to Second Substitute Senate Bill No. 5304.

The motion by Senator McDonald failed and the amendments were not adopted on a rising vote.

MOTION

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

On page 58, line 4, after "chapters" insert "18.36A,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Erwin and Roach on page 58, line 4, to Second Substitute Senate Bill No. 5304.

The motion by Senator Erwin carried and the amendment was adopted.

MOTION

On motion of Senator Moyer, the following amendments were considered simultaneously and were adopted:

On page 59, line 36, after "license" insert "in this state"

Beginning on page 59, line 37, strike all material through "otherwise" on page 60, line 2 and insert "((medicine and surgery in this state and otherwise)) as a physician under chapter 18.71 or 18.57 RCW, a physician assistant under chapter 18.71A or 18.57A RCW, an advanced registered nurse practitioner under chapter 18.88 RCW, a dentist under chapter 18.32 RCW, or other health professionals as may be deemed in short supply in the health personnel resource plan under chapter 28B.125 RCW. All primary care providers must"

On page 60, line 10, after "abscesses" insert ". Primary dental care shall be limited to diagnosis, oral hygiene, restoration, and extractions and shall not include orthodontia, or other specialized care and treatment"

MOTION

Senator Moyer moved that the following amendments be considered simultaneously and be adopted:

On page 63, beginning on line 2, strike all of section 271 and insert the following:

"Sec. 271. RCW 82.24.020 and 1989 c 271 s 504 are each amended to read as follows:

Sec. 272. RCW 82.26.020 and 1983 2nd ex.s. c 3 s 16 are each amended to read as follows:

(2) An additional tax is imposed equal ((to the rate specified in RCW 82.02.030)) seven percent multiplied by the tax payable under subsection (1) of this section.

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 64, after line 24, strike all of section 273

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Moyer on page 63, beginning on line 2, and page 64, after line 24, to Second Substitute Senate Bill No. 5304.

The motion by Senator Moyer failed and the amendments were not adopted on a rising vote.

MOTION

Senator Anderson moved that the following amendments by Senators Anderson, Erwin and McDonald be considered simultaneously and be adopted:

On page 66, after line 23, strike all of section 275.

Renumber the sections consecutively and correct any internal references accordingly.

On page 68, line 2, strike "((66.24.290(2),))" and insert "66.24.290(2),"

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Anderson, Erwin and McDonald on page 66, after line 23, and page 68, line 2, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 17; Nays, 30; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Cantu, Erwin, Hargrove, Hochstatter, McDonald, Nelson, Newhouse, Oke, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 17.

Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 30.

Excused: Senators Deccio and McCaslin - 2.

MOTION

Senator Sutherland moved that the following amendments by Senators Sutherland, Bauer and Vognild be considered simultaneously and be adopted:

Beginning on page 66, line 24, strike all of section 275

Renumber the remaining sections consecutively and correct internal references accordingly.

On page 68, line 2, strike "((66.24.290(2),))" and insert "66.24.290(2),"

On page 68, beginning on line 26, after "rate of" strike all material through line 27 and insert "seven one-hundredths percent for the period January 1, 1994, through December 31, 1994, six-tenths percent for the period January 1, 1995, through December 31, 1995, one percent for the period January 1, 1996, through December 31, 1997, and one and one-tenths percent thereafter."

On page 68, line 33, strike "1995" and insert "1994"

On page 68, line 35, strike "1994" and insert "1993"

On page 69, beginning on line 22, strike all material through line 23 and insert "seven one-hundredths percent for the period January 1, 1994, through December 31, 1994, six-tenths percent for the period January 1, 1995, through December 31, 1995, one percent for the period January 1, 1996, through December 31, 1997, and one and one-tenths percent thereafter."

On page 69, line 29, strike "1995" and insert "1994"

On page 69, line 31, strike "1994" and insert "1993"

On page 70, beginning on line 15, after "rate of" strike all material through line 17 and insert "seven one-hundredths percent for the period January 1, 1994, through December 31, 1994, six-tenths percent for the period January 1, 1995, through December 31, 1995, one percent for the period January 1, 1996, through December 31, 1997, and one and one-tenths percent thereafter."

On page 70, line 22, strike "1995" and insert "1994"

On page 70, line 25, strike "1994" and insert "1993"

On page 137, line 5, after "252" insert "and 277 through 280"

On page 137, beginning on line 7, strike all material through line 8

Debate ensued.

Senator Vognild demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Sutherland, Bauer and Vognild on pages 66, 68, 69, 70, and 137, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were adopted by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, Barr, Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Newhouse, Niemi, Owen, Pelz, Prentice, Quigley, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 29.

Voting nay: Senators Amondson, Bluechel, Cantu, Erwin, Haugen, Hochstatter, McDonald, Moyer, Nelson, Oke, Prince, Rasmussen, M., Rinehart, Roach, Sellar, von Reichbauer, West and Winsley - 18.

Excused: Senators Deccio and McCaslin - 2.

MOTION

On motion of Senator Rinehart, the following amendments by Senators Rinehart, Talmadge, McDonald and Moyer were considered simultaneously and were adopted:

On page 68, line 27, after "thereafter." insert "The tax on prepayments for health care services established by this section shall not be applied to amounts received or collected by a health maintenance organization from the United States or any instrumentality of the United States as prepayments for comprehensive health care services provided under Title XVIII, medicare, of the social security act or the federal employees benefits plan."

On page 69, line 23, after "thereafter." insert "The tax on prepayments for health care services established by this section shall not be applied to amounts received or collected by a health care service contractor from the United States or any instrumentality of the United States as prepayments for comprehensive health care services provided under Title XVIII, medicare, of the social security act or the federal employees benefits plan."

On page 70, line 17, after "thereafter." insert "The tax on prepayments for health care services established by this section shall not be applied to amounts received or collected by a certified health plan from the United States or any instrumentality of the United States as prepayments for comprehensive health care services provided under Title XVIII, medicare, of the social security act or the federal employees benefits plan."

MOTION

Senator McDonald moved that the following amendments be considered simultaneously and be adopted:

On page 74, beginning on line 30, strike "one hundred seventy-three million nine hundred thousand" and insert "one hundred eighteen million one hundred thousand"

On page 74, line 34, strike "continuing and"

On page 75, after line 2, insert the following:

"The sum of fifty-five million eight hundred thousand dollars or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund--state to the basic health plan for the purposes of continuing the current services level of enrollment."

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator McDonald on page 74, beginning on line 30; page 74, line 34; and page 75, after line 2; to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 20; Nays, 27; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Franklin, Hochstatter, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 20.

Voting nay: Senators Bauer, Drew, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.

Excused: Senators Deccio and McCaslin - 2.

MOTION

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

On page 75, beginning on line 3, strike all material through "infection." on line 11

Renumber the remaining subsections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Owen on page 75, beginning on line 3, to Second Substitute Senate Bill No. 5304.

The motion by Senator Hargrove failed and the amendment was not adopted.

MOTION

Senator Niemi moved that the following amendments by Senators Moyer, Niemi and Vognild be considered simultaneously and be adopted:

On page 75, line 27, strike "six" and insert "four"

On page 75, line 28, strike "363, 364, and 365" and insert "363 and 364"

On page 84, after line 39, insert the following:

"(22) Establish guidelines for providers dealing with terminal or static conditions, taking into consideration the ethics of providers and the patient, family wishes, costs, and survival possibilities."

On page 126, beginning on line 20, strike all of section 365

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Moyer, Niemi and Vognild on page 75, lines 27 and 28; page 84, after line 39; and page 126, beginning on line 20; to Second Substitute Senate Bill No. 5304.

The motion by Senator Niemi carried and the amendments were adopted.

MOTION

Senator Hargrove moved that the following amendments by Senators Hargrove and Loveland be considered simultaneously and be adopted:

On page 77, line 2, after "works" insert "for an employer"

On page 77, line 3, after "month" insert "or two hundred forty hours in a quarter or nine hundred sixty hours during a calendar year"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Hargrove and Loveland on page 77, lines 2 and 3, to Second Substitute Senate Bill No. 5304.

The motion by Senator Hargrove carried and the amendments were adopted.

MOTION

Senator Hargrove moved that the following amendments by Senators Hargrove and Owen be considered simultaneously and be adopted:

On page 82, line 6, after "Establish" strike ", and from time to time modify,"

On page 84, line 30, strike "uniform benefit package and other"

Beginning on page 111, line 10, strike all of section 347 and insert the following:

"NEW SECTION. Sec. 347. UNIFORM BENEFIT PACKAGE. The uniform benefit package shall be identical to the schedule of covered basic health care services established under RCW 70.47.060."

Debate ensued.

Senator Jesernig requested that Senator West yield to a question, but Senator West did not yield.

Further debate ensued.

Senator Hargrove demanded a roll call and the demand was sustained.

POINT OF INQUIRY

Senator Franklin: "Senator Hargrove, in the Basic Health Plan, remember last year when we served together across the rotunda, maternal health was taken out of the Basic Health Plan and put into First Steps. Now, will this be brought back? What concerns me is a lot of young families out there would not be able to--they would be excluded. Can you answer that question?"

Senator Hargrove: "I'd love to if I had the answer. I believe we did change some of the requirements of the Basic Health Plan in the bill. Not that one? O.K., now we are getting different signals. Nonetheless, I think the issue here--we're getting mixed signals as to whether that was changed in the Basic Health Plan or not. Dr. Moyer says, 'yes,' but Dr. Talmadge says, 'no.'

"Nonetheless, what we are going to be doing--these people have no health care now--all of these people have no health care now--except what they would get through, either Medicaid, First Steps or something like that. These are the working poor that can't qualify for that. They will be getting a lot of health care covered. We have three children; we'd paid for one of our children on our own and we were willing to save and make that investment. The point is that if our other health care was covered, it would make it a lot easier to go through with that. I guess we can determine by reading the bill whether or not--"

Senator Franklin: "That really is a concern, because I do remember distinctly that maternal child health was taken out of the Basic Health Plan and run into First Steps and that is, to me, unacceptable if you are going to have a Basic Health Plan without that service provided. That is so necessary for our pregnant mothers and our children."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Hargrove and Owen on page 82, line 6; page 84, line 30; and beginning on page 111, line 10; to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 21; Nays, 26; Absent, 0; Excused, 2.

Excused: Senators Deccio and McCaslin - 2.

MOTIONS

On motion of Senator Hargrove, the following amendments by Senators Hargrove and Talmadge were considered simultaneously and were adopted:

On page 82, line 12, after "resident" strike "has" and insert "or any dependents have"

On page 82, line 14, after "sharing." insert "The commission shall endeavor to assure an equitable distribution, among both employers and employees, of the costs of coverage for those households composed of more than one member in the work force."

Senator Adam Smith moved that the following amendment be adopted:

On page 84, after line 29, insert the following:

"(20) Evaluate the extent to which Taft-Hartley health care trusts provide benefits to certain individuals in the state; review the federal laws under which these joint employee-employer entities are organized; and make appropriate recommendations to the governor and the legislature about how these trusts can be brought under the provisions of chapter . . ., Laws of 1993 (this act) when it is fully implemented."

Renumber the remaining subsections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Adam Smith on page 84, after line 29, to Second Substitute Senate Bill No. 5304.

The motion by Senator Adam Smith carried and the amendment was adopted.

MOTIONS

On motion of Senator Sutherland, the following amendment by Senators Sutherland, Barr, Snyder and Talmadge was adopted:

On page 84, after line 39, insert the following:

"(22) Develop rules for implementation of individual and employer participation under sections 349 and 350 of this act specifically applicable to persons who work in this state but do not live in the state or persons who live in this state but work outside of the state. The rules shall be designed so that these persons receive coverage and financial requirements that are comparable to that received by persons who both live and work in the state."

Senator Moyer moved that the following amendment be adopted:

On page 92, after line 34, insert the following:

"Sec. 317. RCW 7.70.030 and 1975-'76 2nd ex.s. c 56 s 8 are each amended to read as follows:

No award shall be made in any action or arbitration for damages for injury occurring as the result of health care which is provided after June 25, 1976, unless the plaintiff establishes one or more of the following propositions:

(1) That injury resulted from the failure of a health care provider to follow the accepted standard of care provided, however, that a health care provider, as a matter of law, follows the accepted standard of care if he or she follows a course of treatment accepted by recognized and competent health care professionals experienced in the treatment at issue, even if other recognized and competent health care professionals do not accept the course of treatment followed by the health care provider;

(2) That a health care provider promised the patient or his representative that the injury suffered would not occur;

(3) That injury resulted from health care to which the patient or his representative did not consent.

Unless otherwise provided in this chapter, the plaintiff shall have the burden of proving each fact essential to an award by a preponderance of the evidence."

Renumber the remaining sections consecutively and correct internal references accordingly.

POINT OF INQUIRY

Senator Talmadge: "Senator Moyer, my question, and it is the same question that I raised in the committee, when this issue came up. I think you have a legitimate point. My concern is that under the law of medical malpractice, if a general practitioner engages in activities that would be within the sphere of confidence of a specialist--if the general practitioner fails to do what should be done--that general practitioner is ordinarily held to the standard of care that a specialist would be held to if a specialist were doing that task?"

Senator Moyer: "He's held to the same standard, yes."

Senator Talmadge: "Yes, does your amendment intend to affect that kind of principle in the law at all?"

Senator Moyer: "Not in any way."

Senator Talmadge: "Thank you, Senator. Mr. President, with that assurance from Senator Moyer, I can certainly support this amendment."

The President declared the question before the Senate to be the adoption of the amendment by Senator Moyer on page 92, after line 34, to Second Substitute Senate Bill No. 5304.

The motion by Senator Moyer carried and the amendment was adopted.

MOTION

Senator McDonald moved that the following amendment be adopted:

On page 92, after line 34, insert the following:

"NEW SECTION. Sec. 317. A new section is added to chapter 7.70 RCW to read as follows:

JOINT AND SEVERAL LIABILITY RESTRICTIONS. (1) For the purposes of this section, the term "economic damages" means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. "Economic damages" does not include subjective, nonmonetary losses such as pain and suffering, mental anguish, emotional distress, disability and disfigurement, inconvenience, injury to reputation, humiliation, destruction of the parent-child relationship, the nature and extent of an injury, loss of consortium, society, companionship, support, love, affection, care, services, guidance, training, instruction, and protection.

(2) In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's injuries, including the claimant or person suffering personal injury, defendants, third-party defendants, entities released by the claimant, entities immune from liability to the claimant, and entities with any other individual defense against the claimant. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount that represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except:

(a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party.

(b) If the trier of fact determines that the claimant or party suffering bodily injury was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimant's economic damages.

(3) If a defendant is jointly and severally liable under one of the exceptions listed in subsection (2)(a) or (b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060."

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

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McDonald on page 92, after line 34, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.

Excused: Senators Deccio and McCaslin - 2.

MOTION

Senator Erwin moved that the following amendments by Senators Erwin and Roach be considered simultaneously and be adopted:

On page 93, beginning on line 13, after "enrollees." strike all material through "agreements." on line 19

On page 94, after line 8, insert the following:

"(3) Permits licensed health care providers, on an individual or class basis, to provide health services or care for conditions included in the uniform benefits package to the extent that:

(a) The provision of such health services or care is within the health care providers' permitted scope of practice; and

(b) The providers agree to abide by standards related to:

(i) Provision, utilization review, and cost containment of health services;

(ii) Management and administrative procedures; and

(iii) Provision of cost-effective and clinically efficacious health services;

(4) Develops and implements procedures for:

(a) Disclosure of provider contracting standards developed under subsection (3) of this section;

(b) Termination for cause of health care providers who have failed to comply with standards developed under subsection (3) of this section; and

(c) Appeal of a certified health plan's determination not to contract with an individual provider or provider group or to terminate a contract for cause;"

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

Senator Roach demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Erwin and Roach on page 93, beginning on line 13, and page 94, after line 8, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 17; Nays, 30; Absent, 0; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hochstatter, McDonald, Moyer, Nelson, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer and Winsley - 17.

Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Newhouse, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams and Wojahn - 30.

Excused: Senators Deccio and McCaslin - 2.

MOTION

Senator Cantu moved that the following amendment by Senators Cantu, Moyer and Hochstatter be adopted:

On page 114, line 14, after "(3)" insert "A resident of the state of Washington is exempt from the participation requirements in this chapter upon the presentation of one of the following, on a form prescribed by the health care commission: (a) A written certification signed by an adult resident that the religious beliefs of the signator and his or her dependents are contrary to the participation requirements in this section; (b) a written certification signed by an adult resident that the signator and his or her dependents have either a philosophical or personal objection to the participation requirements in this section.

(4)"

Debate ensued.

POINT OF INQUIRY

Senator Roach: "Senator Talmadge, I was just wondering, you raised the issue of those that belonged to the Christian Science faith. If there was a court-ordered medical treatment for a child, a dependent, and that was carried out, who would pay for that?"

Senator Talmadge: "Court-ordered medical treatment for what purpose, Senator?"

Senator Roach: "I have heard of some cases where the religious affiliation of the parents is sometimes overridden by a court order. Who would pay for the medical care? It would be, assumably, an expensive proposition."

Senator Talmadge: "Senator, I don't know. I presume if the individuals involved had health insurance, their health insurer would. If they did not, it might be the subject of detailing in the court's order. The court might order the people involved to pay. I don't know what the court would do in an individual case."

Senator Roach: "Even though, they had opted out of a plan?"

Senator Talmadge: "I don't know."

Senator Roach: "O.K., thank you."

Further debate ensued.

POINT OF INQUIRY

Senator Williams: "Senator Talmadge, I have an amendment following which changes the language of this section from mandatory participation to the offering by the state of programs that people, then, have the option of participating in. I am wondering if my amendment would satisfy Senator Cantu and other's problem? My concern is that if we adopt Senator Cantu's amendment, then my amendment strikes the whole section and would then take his amendment, so I have a concern about how we work this out and whether my amendment would satisfy his problem?"

Senator Talmadge: "My sense, Senator, is that probably the people at the rostrum could alter the place in the bill that you would find your new section to make it possible for both--the first amendment Senator Cantu has offered and your own to be adopted."

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Cantu, Moyer and Hochstatter on page 114, line 14, to Second Substitute Senate Bill No. 5304.

The motion by Senator Cantu carried and the amendment was adopted.

MOTION

Senator Cantu moved that the following amendment by Senators Cantu, Moyer and Hochstatter be adopted:

On page 115, after line 39, insert the following:

"(6)(a) An employer of the state of Washington is exempt from the participation requirements in this chapter, but shall comply with (b) of this subsection, upon the presentation of the following, on a form prescribed by the health care commission: A written certification signed by an adult employer that the religious beliefs of the signator are contrary to the participation requirements in this section. The exemption under this subsection is conditioned upon the employer giving public notice to his or her employees or potential employees of his or her intention to proceed under the exemption under this subsection.

(b) Employers exempt under (a) of this subsection must set aside, in lieu of offering a choice of certified health plans, funds to cover at least fifty percent and no more than ninety-five percent of the cost of the lowest priced certified health plan in the employer's geographic area. The employer shall distribute monthly to each employee the employee's share of funds in lieu of the employer offering a certified health plan under this subsection (6)(b)."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Cantu, Moyer and Hochstatter on page 115, after line 39, to Second Substitute Senate Bill No. 5304.

The motion by Senator Cantu failed and the amendment was not adopted on a rising vote.

MOTION

Senator Williams moved that the following amendment be adopted:

On page 114, beginning on line 6, strike all of section 349 and insert the following:

"NEW SECTION. Sec. 349. INDIVIDUAL PARTICIPATION. (1) It is the responsibility of individuals to participate in available and affordable health insurance.

(2) All residents of the state of Washington shall be provided the opportunity to participate in the basic health plan or a certified health plan no later than July 1, 1997.

(3) The Washington health services commission shall monitor the enrollment of individuals into certified health plans and shall make public periodic reports concerning the number of persons enrolled and not enrolled, the reasons why individuals are not enrolled, and recommendations to reduce the number of persons not enrolled."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Williams on page 114, beginning on line 6, to Second Substitute Senate Bill No. 5304.

The motion by Senator Williams carried and the amendment was adopted.

MOTION

Senator Hargrove moved that the following amendment by Senators Hargrove, Loveland and Talmadge be adopted:

On page 115, after line 39, insert the following:

"NEW SECTION. Sec. 351. Under the guidance and direction of the Washington health services commission not more than two depositories will be established where the pro rata share payments made by employers on behalf of less than full-time employees may be held in safekeeping for the benefit of such individuals. The commission shall establish, after consultation with representatives of employers and employees, especially those engaged in part-time or seasonal type businesses or occupations, appropriate procedures whereby such payments under section 350 of this act will be properly deposited to the credit of such persons on an individual basis, which they in turn may then access to their personal or family benefit in the purchase of coverage from the basic health plan or a certified health plan of their choice."

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Loveland and Talmadge on page 115, after line 39, to Second Substitute Senate Bill No. 5304.

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

MOTION

Senator Hargrove moved that the following amendments by Senators Hargrove and Owen be considered simultaneously and be adopted:

On page 116, beginning on line 1, strike all of section 351 and insert the following:

"NEW SECTION. Sec. 351. A new section is added to chapter 82.04 222RCW to read as follows:

(1) On or after July 1, 1997, in computing tax under this chapter, employers with less than twenty-five full-time or part-time employees, or a combination of full and part-time employees, who comply with the requirements of section 350 of this act, may have credited against the amount of tax the following amount: The portion of the cost of the premium contributions made on behalf of employees and dependents on the basis of that sum multiplied by the percentage that amount equals in relation to the total premiums due such certified health plans.

(2) The department of revenue shall, on an annual basis, advise the Washington health services commission and the fiscal committees of the legislature of the aggregate total of the tax credits allowed under this section. The legislature shall then reimburse the general fund in an amount equal to such credits by an appropriation from the health services trust account."

On page 116, line 27, after "through" strike "351" and insert "350"

Debate ensued.

POINT OF INQUIRY

Senator Quigley: "Senator Hargrove, how much does it cost?"

Senator Hargrove: "This amendment costs exactly the same amount as small business will have to pay for health care, because it is fifty-fifty."

Senator Quigley: "How much?"

Senator Hargrove: "It's at least three hundred million a year, which like I said, is exactly what we are requiring small business to pay."

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Hargrove and Owen on page 116, beginning on line 1, and page 116, line 27, to Second Substitute Senate Bill No. 5304.

The motion by Senator Hargrove failed and the amendments were not adopted on a rising vote.

MOTION

Senator Talmadge moved that the following amendments by Senators Talmadge and Quigley be considered simultaneously and be adopted:

On page 116, beginning on line 1, strike all of section 351 and insert the following:

"NEW SECTION. Sec. 351. A new section is added to chapter 82.04 RCW to read as follows:

(1) On or after July 1, 1997, in computing tax under this chapter, employers with less than twenty-five full-time or part-time employees, or a combination of full and part-time employees, who comply with the requirements of section 350 of this act, may have credited against the amount of tax the following amount: The portion of the cost of the premium contributions made on behalf of employees and their dependents whose gross family incomes do not exceed limits established for subsidized enrollments in the basic health plan, chapter 70.47 RCW, on the basis of that sum multiplied by the percentage that amount equals in relation to the total premiums due such certified health plans or the basic health plan.

(2) The average annual tax credit per state resident under this section shall not exceed four hundred dollars in 1997, and may be adjusted periodically by a factor equal to the inflation allowed for the uniform benefit package premium under chapter . . ., Laws of 1993 (this act), and established by the department of revenue in rule. The department shall establish a schedule of tax credits for employees and their dependents considering the income, family size, and geographic area in which such employees and their dependents reside.

(3) The department of revenue shall, on an annual basis, advise the Washington health services commission and the fiscal committees of the legislature of the aggregate total of the tax credits allowed under this section. The legislature shall then reimburse the general fund in an amount equal to such credits by an appropriation from the health services trust account."

On page 116, line 27, after "through" strike "351" and insert "350"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Talmadge and Quigley on page 116, beginning on line 1, and page 116, line 27, to Second Substitute Senate Bill No. 5304.

The motion by Senator Talmadge carried and the amendments were adopted.

MOTION

Senator McDonald moved that the following amendments be considered simultaneously and be adopted:

On page 118, beginning on line 30, strike all material down through and including "new" on line 31, and insert "New"

On page 118, line 33, after "allocated" insert "solely for the purposes of this act,"

On page 118, line 33, after "with" insert "other applicable"

On page 119, line 2, after "account." strike the remainder of section 356

Debate ensued.

Senator Nelson demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator McDonald on page 118, lines 30, 33(2), and page 119, line 2, to Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 18; Nays, 28; Absent, 1; Excused, 2.

Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hochstatter, McDonald, Moyer, Nelson, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 18.

Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.

Absent: Senator Newhouse - 1.

Excused: Senators Deccio and McCaslin - 2.

MOTION

Senator Moyer moved that the following amendments be considered simultaneously and be adopted:

On page 119, line 19, after "consist of" strike "three" and insert "four"

On page 120, after line 27, insert the following:

"(d) The medical research services account from which funds shall be allocated to recognized medical research facilities providing extraordinary medical and health care services, drugs, and other technologies under or in accordance with the findings of a peer-reviewed and approved research protocol meeting standards to be adopted by the commission. The funds from the account shall be available for

grant awards from the commission to medical research facilities in the state of Washington for the delivery of extraordinary clinical research services."

On page 120, after line 27, insert the following:

"NEW SECTION. Sec. 357. A new section is added to chapter 48.20 RCW to read as follows:

A monthly one dollar fee shall be added to the premium for disability insurance contracts for each resident covered by the contract, to be deposited in the medical research services account of the Washington health services trust account for qualified medical research services.

The commission shall collect the fee and remit the fees so collected to the state treasurer no later than the 15th of each month.

NEW SECTION. Sec. 358. A new section is added to chapter 48.21 RCW to read as follows:

A monthly one dollar fee shall be added to the premium for group disability insurance contracts for each resident covered by the contract, to be deposited in the medical research services account of the Washington health services trust account for qualified medical research services. The commissioner shall collect the fee and remit the fees so collected to the state treasurer no later than the 15th of each month.

NEW SECTION. Sec. 359. A new section is added to chapter 48.44 RCW to read as follows:

A monthly one dollar fee shall be added to the premium for each health care service contract for each resident covered by the contract, to be deposited in the medical research services account of the Washington health services trust account for qualified medical research services. The commissioner shall collect the fee and remit the fees so collected to the state treasurer no later than the 15th of each month.

NEW SECTION. Sec. 360. A new section is added to chapter 48.46 RCW to read as follows:

A monthly one dollar fee shall be added to the premium for each agreement for each resident covered by the agreement, to be deposited in the medical research services account of the Washington health services trust account for qualified medical research services. The commissioner shall collect the fee and remit the fees so collected to the state treasurer no later than the 15th of each month.

NEW SECTION. Sec. 361. The sum of sixty million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the medical research services account to the health services commission for the purposes authorized in section 356(2)(d) of this act."

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

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Moyer on page 119, line 19, and page 120, line 27(2), to Second Substitute Senate Bill No. 5304.

The motion by Senator Moyer failed and the amendments were not adopted on a rising vote.

MOTION

Senator Roach moved that the following amendment be adopted:

On page 127, after line 10 insert the following:

"NEW SECTION. Sec. 366. The Washington Health Services Commission shall study and report to the legislature on the feasibility of offering employer-funded medical care savings account arrangements and reduced cost qualified higher deductible insurance policies as a choice to K-12 system, state and local government employees in meeting their health care obligations."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 127, after line 10, to Second Substitute Senate Bill No. 5304.

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

MOTION

On motion of Senator Moyer, the following amendment by Senators Moyer and Talmadge was adopted:

On page 130, on line 37, after "liability" insert "arising out of an event, incident, or occurrence in the state of Washington"

MOTIONS

On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:

On page 1, line 9 of the title, after "82.08.150," strike "66.24.290,"

On page 1, line 10 of the title, after "70.41.200," insert "7.70.030,"

On page 1, line 17 of the title, after "48.14 RCW;" strike "adding a new section" and insert "adding new sections"

On motion of Senator Talmadge, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5304 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

Senators Jesernig, Niemi and Quigley demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5304.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5304 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 30.

Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Erwin, Hochstatter, McDonald, Nelson, Newhouse, Oke, Prince, Roach, Smith, L., von Reichbauer and West - 16.

Absent: Senator Sellar - 1.

Excused: Senators Deccio and McCaslin - 2.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5304, 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 Jesernig, Engrossed Second Substitute Senate Bill No. 5304 was ordered to immediately be transmitted to the House of Representatives.

MOTION

On motion of Senator Oke, Senator Sellar was excused.

SECOND READING

SENATE BILL NO. 5425, by Senator Fraser (by request of Department of Transportation)

Adjusting routes and methodology of scenic and recreational highways.

MOTIONS

On motion of Senator Vognild, Substitute Senate Bill No. 5425 was substituted for Senate Bill No. 5425 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the following amendments by Senators Fraser and Vognild were considered simultaneously and were adopted:

On page 10, line 24, after "RCW 47.42.025" strike "or located within zoned commercial or industrial areas having development visible to the highway as determined by the department." and insert "or located within areas zoned, by the governing county, primarily for commercial and industrial uses, and having development visible to the highway, as determined by the department and set forth in the Washington administrative code."

On page 10, line 34, after "unzoned" insert "or zoned for general uses"

MOTION

Senator Fraser moved that the following amendment by Senators Fraser and Vognild be adopted:

On page 13, line 17, after "system" strike "shall be allowed to be maintained" and insert "must be removed within six years from the effective date of scenic designation. Just compensation shall be paid for the removal of signs located in commercial or industrial areas that do not have development visible to the highway, as determined by the department, and were lawfully installed after May 10, 1971"

POINT OF INQUIRY

Senator Roach: "Senator Fraser, does this bill affect, in any way, the ability for candidates for public office to put yard signs up on state highways? Currently, and I am sure you are familiar, it is possible for a candidate to secure a permit at the cost, I believe, of ten dollars to put up a sign on a state highway. Would this bill, in any way, infringe on that right?"

Senator Fraser: "To the best of my knowledge, this bill does not affect those laws."

Senator Roach: "Did this issue, Senator Fraser, come up in the committee hearing?"

Senator Fraser: "Not specifically and because I don't think those laws are affected by this."

Further debate ensued.

MOTION

On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5425 was deferred.

SECOND READING

SENATE BILL NO. 5574, by Senators Williams, Moore, Pelz and Franklin

Regulating credit information use.

MOTIONS

On motion of Senator Williams, Substitute Senate Bill No. 5574 was substituted for Senate Bill No. 5574 and the substitute bill was placed on second reading and read the second time.

Senator Fraser moved that the following amendments by Senators Fraser, Williams and Moore be considered simultaneously and be adopted:

On page 2, line 14, after "employee;" strike "and"

On page 2, line 17, after "consumer" insert "; and

(iv) Action or determination with respect to a consumer's application for the rental or leasing of residential real estate that is adverse to the interests of the consumer"

On page 15, line 13, after "consumer" strike ";" and insert ", except verbal notice may be given by a person in adverse actions involving an application for the rental or leasing of residential real estate if such verbal notice does not impair a consumer's ability to obtain a credit report without charge under section 12(2) of this act; and"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Fraser, Williams and Moore on page 2, lines 14 and 17, and page 15, line 13, to Substitute Senate Bill No. 5574.

The motion by Senator Fraser carried and the amendments were adopted.

MOTIONS

On motion of Senator Williams, the following amendments by Senators Williams and Moore were considered simultaneously and were adopted:

On page 3, line 11, after "act;" insert the following:

"(iv) A list compiled by a consumer reporting agency to be used by its client for direct marketing of goods or services not involving an offer of credit;"

Renumber subsections accordingly.

On page 5, line 16, after "that" strike "credit" and insert "consumer"

On page 5, line 17, after "that" strike "credit" and insert "consumer"

On page 5, line 29, after "pertaining to" strike "credit" and insert "consumer"

On page 6, line 16, after "use of consumer" strike "credit"

On page 7, line 22, after "consumer" strike "credit"

On page 11, line 10, after "provided by a" strike "credit" and insert "consumer"

On page 13, line 32, after "description" strike the remainder of subsection (8)(b)(iii) and insert "or indication of any changes made in the consumer report as a result of those revisions to the consumer's file;"

On page 16, line 8, after "19.86 RCW." strike the remainder of section 17 and insert "The burden of proof in an action alleging a violation of this chapter shall be by a preponderance of the evidence, and the applicable statute of limitation shall be as set forth in section 14 of this act. For purposes of a judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW, the consumer shall be awarded actual damages and costs of the action together with reasonable attorney's fees as determined by the court. However, where there has been willful failure to comply with any requirement imposed under this chapter, the consumer shall be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys' fees as determined by the court."

On motion of Senator Williams, the rules were suspended, Engrossed Substitute Senate Bill No. 5574 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5574.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5574 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Absent: Senator Niemi - 1.

Excused: Senators Deccio, McCaslin and Sellar - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5574, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5745, by Senators Bluechel, Bauer, Skratek, Cantu, Erwin, M. Rasmussen and Sheldon

Creating the PNWER-Net working group.

The bill was read the second time.

MOTIONS

On motion of Senator Bluechel, the following amendment by Senators Bluechel, Bauer and Drew was adopted:

On page 3, line 15, after "libraries use" delete all materials through and including "standards" on line 17, and insert "existing telecommunications infrastructure including the internet"

On motion of Senator Bauer, the rules were suspended, Engrossed Senate Bill No. 5745 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5745.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5745 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.

Absent: Senator Niemi - 1.

Excused: Senators Deccio, McCaslin and Sellar - 3.

ENGROSSED SENATE BILL NO. 5745, 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 5:41 p.m., on motion of Senator Jesernig, the Senate recessed until 6:45 p.m.

The Senate was called to order at 6:54 p.m. by President Pritchard.

MOTION

On motion of Senator Spanel, Senators Moore, Niemi, Pelz, Rasmussen and Rinehart were excused.

SECOND READING

SENATE BILL NO. 5445, by Senators Williams, McCaslin and Pelz

Removing nuclear construction authority from joint operating agencies created under RCW 43.52.360.

MOTIONS

On motion of Senator Sutherland, Substitute Senate Bill No. 5445 was substituted for Senate Bill No. 5445 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 5445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5445.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5445 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 0; Excused, 7.

Voting yea: Senators Amondson, Anderson, Barr, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

Voting nay: Senators Bluechel, Cantu and McDonald - 3.

Excused: Senators Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 7.

SUBSTITUTE SENATE BILL NO. 5445, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5780, by Senators Sutherland, Hochstatter, Snyder, Sellar, Amondson, Vognild and Bauer

Authorizing the board of boiler rules to prescribe extended inspection schedules for power boilers.

The bill was read the second time.

MOTIONS

On motion of Senator Sutherland, the following Committee on Energy and Utilities amendment was adopted:

On page 2, line 17, after "the" strike "((twelve months may)) period" and insert "((twelve month)) period ((may))"

On motion of Senator Sutherland, the following amendments by Senators Sutherland, Nelson and Hochstatter were considered simultaneously and were adopted:

On page 1, line 12, after "pressure" insert "((and))"

On page 1, line 13, after "inspections" strike "and" and insert "if the contents, history, or operation of the power boiler or the material of which it is constructed warrant special consideration. Power boilers"

On page 2, beginning on line 25, strike all of section 3

MOTIONS

On motion of Senator Sutherland, the following amendment by Senators Sutherland and Hochstatter was adopted:

On page 2, line 23, strike "((between inspections prescribed by the board))" and insert "established by the board under RCW 70.79.240(1)"

On motion of Senator Sutherland, the following title amendment was adopted:

On page 1, line 3 of the title, after "70.79.240" strike ", 70.79.250, and 70.79.260" and insert "and 70.79.250"

MOTION

On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 5780 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Oke, Senator Amondson was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5780.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5780 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 41.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

ENGROSSED SENATE BILL NO. 5780, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5815, by Senators West and Moyer

Concerning seizure and forfeiture.

MOTIONS

On motion of Senator Adam Smith, Substitute Senate Bill No. 5815 was substituted for Senate Bill No. 5815 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Nelson, the following amendments by Senators Nelson and Adam Smith were considered simultaneously and were adopted:

On page 3, beginning on line 6, after "interest of" strike "an owner" and insert "((an owner)) a devisee, legatee, or bona fide purchaser or recipient for value"

On page 3, line 7, after "which that" strike "owner" and insert "((owner)) devisee, legatee, or purchaser or recipient"

On page 3, line 8, after "without the" strike "owner's" and insert "((owner's)) devisee's, legatee's, or purchaser's or recipient's"

MOTION

On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5815 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5815.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5815 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.

Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 40.

Absent: Senator Erwin - 1.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5815, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5482, by Senators Skratek, M. Rasmussen, Spanel, Prentice, Franklin, McAuliffe, A. Smith, Drew and von Reichbauer

Defining rights of tenants in mobile home parks.

MOTIONS

On motion of Senator Skratek, Substitute Senate Bill No. 5482 was substituted for Senate Bill No. 5482 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Skratek, the following amendments were considered simultaneously and were adopted:

On page 4, beginning on line 14, strike the entire paragraph and insert "If the qualified tenant organization fails to perform under the terms of the agreement the owner may proceed with the sale to any other party at these terms. If the park owner thereafter elects to accept an offer at a price lower than the price specified in the notice, the homeowners will have an additional ten days to meet the price and terms and conditions of this lower offer by executing a contract. If the qualified tenant organization fails to perform following two such opportunities, the park owner shall be free for a period of twenty-four months to execute a sale of the park to any other party."

On page 4, line 20, after "relative" insert "or a legal entity composed of relatives or established for the benefit of relatives of the mobile home park owner,"

On page 10, line 25, after "quarters" strike "for recreational camping or travel"

On page 14, line 32, after "(h)" strike "The" and insert "If the"

On page 14, line 32, after "notices" insert "within a twelve-month period"

On page 14, line 34, after "rules" strike ";" and insert ". The applicable twelve-month period shall commence on the date of the first violation;"

MOTION

On motion of Senator Skratek, the rules were suspended, Engrossed Substitute Senate Bill No. 5482 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5482.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5482 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5482, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5858, by Senator Cantu

Forbidding requiring financial security devices for permits for local government units' construction projects.

MOTIONS

On motion of Senator Drew, Substitute Senate Bill No. 5858 was substituted for Senate Bill No. 5858 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Substitute Senate Bill No. 5858 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5858.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5858 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

SUBSTITUTE SENATE BILL NO. 5858, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5696, by Senators Haugen, Newhouse and Spanel (by request of Department of Retirement Systems)

Authorizing the department of retirement systems to be divided into three divisions.

The bill was read the second time.

MOTION

On motion of Senator Drew, the rules were suspended, Senate Bill No. 5696 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5696.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5696 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

SENATE BILL NO. 5696, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5835, by Senators McAuliffe, Bluechel and McDonald

Exempting certain public authority property from taxation.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5835 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5835.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5835 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 4; Absent, 0; Excused, 8.

Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 37.

Voting nay: Senators Anderson, Loveland, Skratek and Smith, L. - 4.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

SENATE BILL NO. 5835, 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 Oke, Senator Roach was excused.

SECOND READING

SENATE BILL NO. 5874, by Senators Owen, Oke, Haugen, Hargrove, Erwin, Snyder, Franklin, Spanel, Sutherland, Sellar, McDonald, Bauer and Winsley

Improving recreational fishing.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 5874 was substituted for Senate Bill No. 5874 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5874 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5874.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5874 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 1; Absent, 0; Excused, 9.

Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

Voting nay: Senator Anderson - 1.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M., Rinehart and Roach - 9.

SUBSTITUTE SENATE BILL NO. 5874, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5613, by Senators Erwin, Vognild, Nelson, Prince, Prentice, Moyer, Winsley, Barr and Oke

Making appointment of the director of the Washington traffic safety commission subject to the consent of the senate.

The bill was read the second time.

MOTIONS

On motion of Senator Erwin, the following Committee on Transportation amendment was adopted:

On page 1, after line 10, insert:

"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 shall take effect immediately."

On motion of Senator Erwin, the following title amendments were considered simultaneously and were adopted:

On page 1, line 1 of the title, after "commission;" strike "and"

On page 1, line 2 of the title, after "43.59.060" insert "; and declaring an emergency"

MOTION

On motion of Senator Erwin, the rules were suspended, Engrossed Senate Bill No. 5613 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5613.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5613 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

ENGROSSED SENATE BILL NO. 5613, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5925, by Senator Snyder

Allowing lodging tax for counties with national monuments.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5925 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5925.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5925 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 7; Absent, 0; Excused, 8.

Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 34.

Voting nay: Senators Anderson, Erwin, Hochstatter, McDonald, Nelson, Roach and Smith, L. - 7.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

SENATE BILL NO. 5925, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5280, by Senators Hargrove, Erwin, Owen, Sutherland and Jesernig

Creating a certification program for contractors.

The bill was read the second time.

MOTIONS

On motion of Senator Hargrove, the following Committee on Labor and Commerce amendments were considered simultaneously and were adopted:

On page 2 line 2, after "fee and" insert ", except as otherwise provided in subsection (4) of this section,"

On page 2 line 19, strike all of subsection (c), down to and including "experience." on line 22.

On page 2 line 25, after "fees" insert ", or to a registered contractor engaged in a bona fide contracting business with at least two years of experience, who has paid all appropriate fees"

On motion of Senator Hargrove the rules were suspended, Engrossed Senate Bill No. 5280 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5280.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5280 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 4; Absent, 0; Excused, 8.

Voting yea: Senators Bauer, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Owen, Prentice, Prince, Quigley, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 37.

Voting nay: Senators Anderson, Barr, Bluechel and Oke - 4.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

ENGROSSED SENATE BILL NO. 5280, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

SENATE BILL NO. 5715, by Senators Bluechel, Skratek, Erwin, Sheldon, Deccio, M. Rasmussen and Williams

Assisting businesses to form flexible networks.

MOTIONS

On motion of Senator Skratek, Second Substitute Senate Bill No. 5715 was substituted for Senate Bill No. 5715 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Skratek, the rules were suspended, Second Substitute Senate Bill No. 5715 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5715.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5715 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

Excused: Senators Amondson, Deccio, McCaslin, Moore, Niemi, Pelz, Rasmussen, M. and Rinehart - 8.

SECOND SUBSTITUTE SENATE BILL NO. 5715, 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 8:06 p.m., on motion of Senator Jesernig, the Senate adjourned until 8:00 a.m., Saturday, March 13, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate