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SIXTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, March 15, 1993
The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Moyer, Niemi and Sutherland. On motion of Senator Oke, Senators Deccio and Moyer were excused. On motion of Senator Spanel, Senators Niemi and Sutherland were excused.
The Sergeant at Arms Color Guard, consisting of Pages Teri Seeberger and Royce Owen, presented the Colors. Reverend Sandra Gillogly Lee, pastor of the Unitarian Universalist 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.
MESSAGES FROM THE HOUSE
March 12, 1993
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1146,
SUBSTITUTE HOUSE BILL NO. 1219,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1333,
HOUSE BILL NO. 1490,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1496,
HOUSE BILL NO. 1559,
SUBSTITUTE HOUSE BILL NO. 1560,
HOUSE BILL NO. 1561,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1630,
HOUSE BILL NO. 1637,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1688,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1760,
SUBSTITUTE HOUSE BILL NO. 1778,
HOUSE BILL NO. 1858,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1988,
HOUSE BILL NO. 1991,
HOUSE BILL NO. 2001, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
March 12, 1993
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4412, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
March 12, 1993
MR. PRESIDENT:
The House has passed:
SUBSTITUTE HOUSE BILL NO. 1443,
SUBSTITUTE HOUSE BILL NO. 1795,
SUBSTITUTE HOUSE BILL NO. 1801,
SUBSTITUTE HOUSE BILL NO. 1802,
SUBSTITUTE HOUSE BILL NO. 1855,
HOUSE BILL NO. 1864,
SUBSTITUTE HOUSE BILL NO. 1870,
SUBSTITUTE HOUSE BILL NO. 1879,
HOUSE BILL NO. 1911,
HOUSE BILL NO. 1923,
SUBSTITUTE HOUSE BILL NO. 1926,
SUBSTITUTE HOUSE BILL NO. 1948,
SUBSTITUTE HOUSE BILL NO. 1955, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1146 by Representatives Heavey, King, G. Cole, Veloria, Orr, Quall, Dunshee, Franklin, Scott, Ludwig, Jones, Basich, Springer and J. Kohl
Requiring compliance with chapter 39.12 RCW of public works.
Referred to Committee on Labor and Commerce.
SHB 1219 by House Committee on Appropriations (originally sponsored by Representatives Orr, Locke, Heavey, Basich, Jones, Dellwo, Dunshee, Bray, Wang, Jacobsen, R. Meyers, Springer, Veloria, G. Cole, King, Johanson and Franklin)
Creating the public works administration account.
Referred to Committee on Labor and Commerce.
ESHB 1333 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Flemming, Leonard, Veloria, Chappell, R. Fisher, Dunshee, Linville, Eide, Franklin, Ludwig, Roland, Rayburn, Pruitt, Finkbeiner, Holm, Basich, Lemmon, Johanson, Karahalios, Jones, H. Myers, Morris, L. Johnson, Ogden and J. Kohl)
Providing for youth gang violence reduction.
Referred to Committee on Health and Human Services.
SHB 1443 by House Committee on State Government (originally sponsored by Representatives Anderson, Locke, Reams, Wang, Wolfe, Brough, King, Wineberry, Thibaudeau, Ballasiotes, Leonard, Appelwick, Romero, Brown, J. Kohl, Jacobsen, Riley, Ogden, Dellwo, Veloria, G. Cole, L. Johnson and Miller)
Expanding the jurisdiction of the human rights commission.
Referred to Committee on Law and Justice.
HB 1490 by Representatives Wineberry, Forner, Shin, Sheldon, King, Karahalios, J. Kohl and Anderson
Providing for child care.
Referred to Committee on Health and Human Services.
ESHB 1496 by House Committee on Commerce and Labor (originally sponsored by Representative Dellwo)
Regulating employment agencies.
Referred to Committee on Labor and Commerce.
HB 1559 by Representatives Brown, Wolfe, Ballasiotes, Flemming, Riley, Kessler, Linville, Thibaudeau, Leonard, J. Kohl, Mastin, Wang, Jones, Pruitt, Karahalios, Campbell, Johanson, Quall, G. Fisher, Cothern, L. Johnson, Kremen and H. Myers
Developing a plan for school-aged child care programs.
Referred to Committee on Health and Human Services.
SHB 1560 by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Leonard, Karahalios and Johanson)
Adopting the uniform interstate family support act.
Referred to Committee on Law and Justice.
HB 1561 by Representatives Brown, Wolfe, Thibaudeau, Mastin, J. Kohl, H. Myers, Johanson, Romero, Leonard, Karahalios and L. Johnson
Studying whether preschools should be regulated like agencies that care for children, expectant mothers, and developmentally disabled people.
Referred to Committee on Health and Human Services.
ESHB 1630 by House Committee on Judiciary (originally sponsored by Representatives Tate, Riley, Scott, Campbell, Padden, R. Meyers, Long, Forner, Johanson, Schmidt, Chappell, Chandler, Mielke, Reams, R. Johnson, Brough, Ballasiotes, Vance, Foreman, Sheahan, Schoesler, Miller, Jacobsen, Sheldon, Kremen, Silver, Cothern, Morton, Wineberry and Wood)
Creating the crime of carjacking.
Referred to Committee on Law and Justice.
HB 1637 by Representatives Conway, Heavey, King, G. Cole, Basich, Kessler, G. Fisher, Karahalios, Jacobsen, Ogden and Veloria
Including municipal street railways in the definition of public work.
Referred to Committee on Labor and Commerce.
ESHB 1688 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Campbell, Forner, Roland, Tate, Mastin, Conway, Shin and Sheldon)
Installing manufactured homes.
Referred to Committee on Labor and Commerce.
ESHB 1760 by House Committee on Judiciary (originally sponsored by Representatives H. Myers, Brough, Appelwick, Miller, Johanson, Chappell, Ludwig, Scott and Mastin)
Regulating obligations for child support and spousal maintenance.
Referred to Committee on Law and Justice.
SHB 1778 by House Committee on Human Services (originally sponsored by Representatives Wolfe, Brown, Talcott, Leonard, Johanson, Kessler, Appelwick, Romero, Pruitt, H. Myers, Edmondson, Linville, Veloria, Anderson, Reams, Rust, Miller, Wang and J. Kohl)
Establishing the office of state employee child care.
Referred to Committee on Health and Human Services.
SHB 1795 by House Committee on Judiciary (originally sponsored by Representatives J. Kohl, Padden, Riley, Appelwick, Foreman, Roland, R. Fisher, Dellwo, Campbell, Anderson, Wineberry and Johanson)
Regulating vehicular pursuit.
Referred to Committee on Law and Justice.
SHB 1801 by House Committee on Health Care (originally sponsored by Representatives Morris, Flemming, Dellwo, Dyer, Zellinsky, Dorn, Valle, Rayburn, Ludwig, Bray, Pruitt and Long)
Granting temporary licenses to dental hygienists licensed in another state.
Referred to Committee on Health and Human Services.
SHB 1802 by House Committee on Health Care (originally sponsored by Representatives Veloria, Dellwo, Ballasiotes, Romero, Flemming, Lisk and Thibaudeau)
Modifying marriage and family therapist certification.
Referred to Committee on Health and Human Services.
SHB 1855 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Kessler and R. Meyers) (by request of Insurance Commissioner)
Enabling accreditation of the insurance commissioner.
Referred to Committee on Labor and Commerce.
HB 1858 by Representatives Brown, Romero, Foreman, Leonard, Lemmon, Mielke, Karahalios, Brough, Long, Kessler, Patterson and Mastin
Providing for periodic case review for children in substitute care.
Referred to Committee on Health and Human Services.
HB 1864 by Representatives Finkbeiner, Dyer, Horn, L. Johnson, Orr, Brumsickle, Cothern, Springer, Mastin, Brough, Long, King and R. Meyers
Affording accelerant detection dogs the same protection as police dogs.
Referred to Committee on Law and Justice.
SHB 1870 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Heavey and R. Meyers)
Licensing bail bond agents.
Referred to Committee on Labor and Commerce.
SHB 1879 by House Committee on Local Government (originally sponsored by Representatives Springer, Edmondson, Bray, Romero, Sheldon, Long and Kremen)
Affording local firms a meaningful opportunity to compete for and obtain public contracts for architectural and engineering services.
Referred to Committee on Government Operations.
HB 1911 by Representatives Zellinsky, Reams and H. Myers
Regulating fire protection districts in newly incorporated cities and towns.
Referred to Committee on Government Operations.
HB 1923 by Representatives Veloria, Wood, Jacobsen, Ogden and J. Kohl
Modifying provisions relating to the advisory council on historic preservation.
Referred to Committee on Government Operations.
SHB 1926 by House Committee on State Government (originally sponsored by Representatives Anderson and Reams)
Regulating the sale and distribution of state publications.
Referred to Committee on Government Operations.
SHB 1948 by House Committee on State Government (originally sponsored by Representatives Bray, Ludwig, Rayburn and Grant)
Modifying provisions regarding the state commission on Hispanic affairs.
Referred to Committee on Government Operations.
SHB 1955 by House Committee on Local Government (originally sponsored by Representatives Dunshee, H. Myers and Edmondson)
Concerning hearings related to improvement districts.
Referred to Committee on Government Operations.
ESHB 1988 by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Sheldon, Forner, Wineberry, Wood, Shin, Jones, Peery, Roland, Flemming, Quall, Springer, Conway, Morris, Valle, Dorn, Campbell, Linville, Karahalios, Eide, J. Kohl, H. Myers, Kessler, Holm, Wang, Wolfe, Anderson, Appelwick, Orr, Ogden, G. Cole, Scott, Lemmon, Leonard, Locke, R. Fisher, L. Johnson, Rayburn, Pruitt and Patterson)
Providing for employment and training services.
Referred to Committee on Trade, Technology and Economic Development.
HB 1991 by Representatives Flemming, Leonard, Karahalios, Kessler, Eide, J. Kohl, Riley, Dunshee, G. Cole, Veloria, Roland, Patterson, Wolfe, Wang, Johanson, H. Myers, Carlson, Dyer, L. Johnson, Jones, Quall, Rayburn, Springer, Holm and Ogden
Authorizing the home health visitor program to address child abuse and neglect.
Referred to Committee on Health and Human Services.
HB 2001 by Representatives H. Myers and R. Fisher
Clarifying voter-approval procedures for transit agencies.
Referred to Committee on Transportation.
HCR 4412 by Representatives Jacobsen, Miller, Anderson, R. Fisher and Finkbeiner
Appointing a poet laureate to be paid in Washington wine.
Referred to Committee on Government Operations.
SECOND READING
SENATE BILL NO. 5263, by Senators M. Rasmussen, Anderson, Barr and Bauer
Regulating the marketing of milk.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5263 was substituted for Senate Bill No. 5263 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. 5263 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. 5263.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5263 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Moore and Talmadge - 2.
Excused: Senators Deccio, Moyer, Niemi and Sutherland - 4.
SUBSTITUTE SENATE BILL NO. 5263, 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. 5948, by Senators Deccio, Talmadge, Franklin, Prentice and McCaslin
Modifying process and procedures for disciplining of health care professionals.
MOTIONS
On motion of Senator Talmadge, Substitute Senate Bill No. 5948 was substituted for Senate Bill No. 5948 and the substitute bill was placed on second reading and read the second time.
POINT OF INFORMATION
Senator Deccio: "May I ask a question, Mr. President? Is this the striking amendment that we are looking at?"
REPLY BY THE PRESIDENT
President Pritchard: "We don't have an amendment here at the desk."
Senator Deccio: "We have a striking amendment; could we hold this down until we get it over here?"
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5948.
There being no objection, the Senate resumed consideration of Senate Bill No. 5638, deferred on second reading March 13, 1993. The demand for a roll call by Senator Haugen had been sustained on the adoption of the amendment by Senator Haugen on page 5, after line 12, to the amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Haugen on page 5, after line 12, to the amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2, to Senate Bill No. 5638.
ROLL CALL
The Secretary called the roll and the amendment to the amendment was not adopted by the following vote: Yeas, 15; Nays, 33; Absent, 0; Excused, 1.
Voting yea: Senators Bluechel, Drew, Haugen, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Skratek, Smith, A., Snyder and Spanel - 15.
Voting nay: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Prince, Roach, Sellar, Sheldon, Smith, L., Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 33.
Excused: Senator Moyer - 1.
The President declared the question before the Senate to be the adoption of the amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2, to Senate Bill No. 5638.
POINT OF ORDER
Senator Skratek: "A point of order, Mr. President. I rise to challenge the scope and object of this particular amendment. This amendment is the takings bill. At a minimum, it goes far beyond the scope and object of the original bill which dealt with the basis for appraisal for taxes and amends only a section of Title 84. This amendment deals with compensation of landowners for any type of government action which may reduce the value of the property. It originally was written as an addition of Titles 8, 35, 35A and 36, none of which are contained within the current bill before us. I urge you to agree with me."
Debate ensued.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator
Skratek, the President finds that Senate Bill No. 5638 is a measure which specifies one of the criteria to be used in appraisals of real property for taxation purposes.
"The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen defines circumstances under which a taking of property for public use has occurred and provides procedures for obtaining compensation.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order if well taken."
The amendment by Senators Snyder, Anderson, Hargrove, Bluechel, Amondson, Cantu and Owen on page 3, after line 2, to Senate Bill No. 5638 was ruled out of order.
MOTION
On motion of Senator Drew, the rules were suspended, Senate Bill No. 5638 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. 5638.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5638 the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, 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 - 48.
Excused: Senator Moyer - 1.
SENATE BILL NO. 5638, 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. 5120, by Senator A. Smith
Changing provisions relating to consumer protection.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.86.090 and 1987 c 202 s 187 are each amended to read as follows:
Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed ((ten)) twenty-five thousand dollars: PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed the amount specified in RCW 3.66.020. For the purpose of this section "person" shall include the counties, municipalities, and all political subdivisions of this state.
Whenever the state of Washington is injured by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.
When an action is brought under this section the court shall take all reasonable steps, including transfer and consolidation of actions, to protect against duplicative recoveries for the same injury.
Proof of injury to the public interest shall not be required in any action brought under this section, except that the court shall require proof of injury to the public interest prior to any award above actual damages relating to an unfair or deceptive act or practice in violation of RCW 19.86.020. In addition, where injury to the public interest is not proven, the court shall award to the prevailing party costs of the suit, including reasonable attorney fees.
Sec. 2. RCW 19.86.920 and 1985 c 401 s 1 are each amended to read as follows:
The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition. It is the intent of the legislature that, in construing this act, the courts be guided by final decisions of the federal courts and final orders of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington. To this end this act shall be liberally construed that its beneficial purposes may be served.
It is, however, the intent of the legislature that this act shall not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business ((or which are not injurious to the public interest)), nor be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "protection;" strike the remainder of the title and insert "and amending RCW 19.86.090 and 19.86.920."
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5120 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Barr: "Senator Nelson, to help me understand this, maybe you could help me. It says, 'proof of injury to the public interest shall not be required in any action brought under this section.' That doesn't mean too much to me. When it talked about that in this description on our calendar, I was inclined not to like this bill, but this is even more vague than that, so could you describe what we are doing here?"
Senator Nelson: "Well, Senator Barr, the following phrase may clear up the intent of the measure in that it says, 'except that the court shall require proof of injury to the public interest prior to any award above actual damage relating to an unfair or deceptive act or practice.' It may not be immediately aware to the court, when the action starts, but before the court concludes its action, it would require that proof of injury be determined."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5120.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5120 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Jesernig, Loveland, McAuliffe, Moore, Moyer, Niemi, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 31.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Haugen, Hochstatter, McCaslin, McDonald, Nelson, Newhouse, Oke, Owen, Roach, Sellar and Smith, L. - 18.
ENGROSSED SENATE BILL NO. 5120, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5948, deferred on second reading earlier today.
MOTION
Senator Talmadge moved that the following amendments by Senators Deccio and Talmadge be considered simultaneously and be adopted:
Beginning on page 2, line 18, strike section 2 and insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 18.130 RCW to read as follows:
REQUIRED UNIFORM PROCEDURES. (1) The secretary shall develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final orders involving a licensee, applicant, or unlicensed person. The uniform procedural rules adopted under this subsection apply to all adjudicative proceedings conducted under this chapter and shall include provisions for the establishing time lines for discovery, settlement, and scheduling hearings.
(2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement:
(a) For violation of this chapter, the investigator shall inform such person, in writing of: (i) The nature of the complaint; (ii) that the person may consult with legal counsel at his or her expense prior to making a statement; and (iii) that any statement that the person makes may be used in an adjudicative proceeding conducted under this chapter; and
(b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the licensee, applicant, or unlicensed person under investigation if a statement of charges is issued.
(3) The disciplining authority may enter into an agreement to dispose of a matter with or without a finding of unprofessional conduct or inability to practice, which may include one or more sanctions set forth in RCW 18.130.160. When the representative of the disciplining authority and the respondent have entered into a written settlement agreement, such agreement shall be submitted to the disciplining authority for approval. In considering whether to approve the settlement, the disciplining authority may consider such written materials as the parties may agree. If no settlement is approved by the disciplining authority and the matter proceeds to a hearing, a person who participated in the decision not to approve the proposed settlement may not participate as a hearing officer or board panel member in the hearing.
(4) In order to assure the uniform application of the procedural rules developed by the secretary, the secretary or his or her designee shall serve as presiding officer for all proceedings under this chapter, including those conducted by disciplinary authorities identified in RCW 18.130.040(2)(b), other than the board of funeral directors and embalmers, and shall perform all functions of the presiding officer under chapter 34.05 RCW. In those areas where the disciplining authority is a board, the secretary or his or her designee, shall not vote on the final decision.
On page 4, beginning on line 11, after "has a" strike all material through "but" on line 12, and insert "program violation that in the opinion of the monitoring program does not affect the continuing ability to practice, and"
On page 6, beginning on line 8, strike all of section 4
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Deccio and Talmadge on page 2, line 18; page 4, beginning on line 11; and page 6, beginning on line 8; to Substitute Senate Bill No. 5948.
The motion by Senator Talmadge carried and the amendments were adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "18.130.175;" insert "and"
On page 1, line 3 of the title, strike "; and creating a new section"
On motion of Senator Talmadge, the rules were suspended, Engrossed Substitute Senate Bill No. 5948 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. 5948.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5948 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5948, 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. 5911, by Senators Cantu, Skratek, Bluechel and Winsley
Promoting economic development.
MOTIONS
On motion of Senator Skratek, Substitute Senate Bill No. 5911 was substituted for Senate Bill No. 5911 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the following amendment by Senators Hargrove, Skratek and Cantu was adopted:
On page 1, beginning on line 19, strike all material down through "review." on page 2, line 6
MOTION
On motion of Senator Skratek, the rules were suspended, Engrossed Substitute Senate Bill No. 5911 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. 5911.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5911 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Voting nay: Senator Talmadge - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5911, 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. 5372, by Senators Loveland and Winsley
Changing multiple tax provisions.
MOTION
Senator Haugen moved that Senate Bill No. 5372 not be substituted.
The President declared the question before the Senate to be the motion by Senator Haugen that Senate Bill No. 5372 not be substituted.
The motion by Senator Haugen carried and Senate Bill No. 5372 was not substituted.
PARLIAMENTARY INQUIRY
Senator Nelson: "A parliamentary inquiry, Mr. President. We now have before us, on the floor, amendments that have been made to Substitute Senate Bill No. 5372. What is the action on the part of the President as far as the acceptance of amendments that are now to the substitute bill, rather than the original bill?"
REPLY BY THE PRESIDENT
President Pritchard: "Good question."
MOTION
Senator Jesernig moved that the Senate reconsider the vote by which Senate Bill No. 5372 was not substituted.
The motion by Senator Jesernig carried and the Senate will reconsider the motion to not substitute Senate Bill No. 5372.
MOTION
On motion of Senator Haugen, on reconsideration, Substitute Senate Bill No. 5372 was substituted for Senate Bill No. 5372 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Snyder moved that the following amendment by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel be adopted:
On page 34, after line 6, insert the following:
"NEW SECTION. Sec. 43. A new section is added to Title 84 RCW to read as follows:
Whenever any regulation or implementation of a regulation by the state or any of its political subdivisions directly or indirectly operates to reduce the assessed value of a parcel of real property immediately prior to such regulation or implementation, the parcel is deemed to be taken for public use.
"Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Haugen: "A point of order, Mr. President. I would ask for your opinion on the scope and object of this amendment. This bill deals exclusively with local tax procedures. Then it deals with sections covering such matters as the timing of remittance of taxes from one unit of government to another, property tax appeal procedures, extension of senior citizens extensions--just lots of basic cleanup. It has nothing to do with assessments and I believe I would like a ruling on scope and object."
Further debate ensued.
POINT OF INFORMATION
Senator Hargrove: "Mr. President, I'm not totally familiar with this process. Can I argue in favor of the non-scope motion also?"
REPLY BY THE PRESIDENT
President Pritchard: "No, just the proponent and the opponent, so 'no,' Senator, you can't."
Senator Hargrove: "Can you tell me where that rule is?"
President Pritchard: "Well, the President so rules."
Further debate ensued.
There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5372.
President Pro Tempore Wojahn assumed the Chair.
MOTION
On motion of Senator Jesernig, the Senate commenced consideration of Senate Bill No. 5483.
STATEMENT FOR THE JOURNAL
I should have been registered as a 'NO' vote on Senate Bill No. 5483 - as was my intent.
I was busy working another legislative problem and made a mistake on what bill was up when I voted.
I would appreciate your having this changed in the file. Thank you very much.
SENATOR EUGENE A. PRINCE, 9th District
SECOND READING
SENATE BILL NO. 5483, by Senators Prentice, Winsley, Vognild, Wojahn, Moore, Rinehart, McAuliffe, Sutherland, Pelz and Franklin
Providing for arbitration in public transportation labor negotiations.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5483 was substituted for Senate Bill No. 5483 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5483 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Anderson: "Senator Prentice, I am trying to read through this bill and there is a lot of language that has been inserted. Could you tell me if, in this bill, in binding arbitration, is there a last best final offer?"
Senator Prentice: "I don't believe so, no. The mediator makes the decision; both parties will negotiate for a period of time and after the mediation process and anyone who is experienced knows that you make various compromises and then you start from that point."
Senator Anderson: "If I may, Senator Prentice, what section is that language found in?"
Senator Prentice: "I believe it is in the Substitute. I don't have it in front of me. I would like to point out that, with the amendments, it would be the Substitute, and that the Washington State Transit Association no longer opposes the bill."
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5483.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5483 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 34.
Voting nay: Senators Amondson, Barr, Bluechel, Cantu, Deccio, Hochstatter, Loveland, McCaslin, McDonald, Nelson, Newhouse, Oke, Roach and Sellar - 14.
Absent: Senator Williams - 1.
SUBSTITUTE SENATE BILL NO. 5483, 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 10:14 a.m., on motion of Senator Jesernig, the Senate recessed until 11:00 a.m.
The Senate was called to order at 11:19 a.m. by President Pritchard
MOTION
On motion of Senator Loveland, Senator Owen was excused.
SECOND READING
SENATE BILL NO. 5511, by Senators Loveland, Winsley, Quigley, Snyder and Pelz (by request of Secretary of State)
Enabling voter registration by mail.
MOTION
On motion of Senator Drew, Second Substitute Senate Bill No. 5511 was substituted for Senate Bill No. 5511 and the second substitute bill was placed on second reading and read the second time.
MOTION
On motion of Senator Jesernig, further consideration of Second Substitute Senate Bill No. 5511 was deferred.
SECOND READING
SENATE BILL NO. 5917, by Senators Drew, Vognild, McAuliffe and M. Rasmussen
Restructuring statutes on state participation in rail freight service.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following amendment was adopted:
On page 7, line 2, after "committee))." insert "The department of transportation shall immediately report any expenditure of essential rail banking account funds on rail banking projects to the legislative transportation committee. The report shall include a description of the project, the project's rank in relation to other potential projects, the amount of funds expended, the terms and parties to the transaction, and any other information that the legislative transportation committee may require."
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5917 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. 5917.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5917 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, 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 - 48.
Excused: Senator Owen - 1.
ENGROSSED SENATE BILL NO. 5917, 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. 5164, by Senators Wojahn and Talmadge
Exempting nonprofit organizations providing credit services from the business and occupation tax.
The bill was read the second time.
MOTION
On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5164 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 Senate Bill No. 5164.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5164 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Voting nay: Senator Skratek - 1.
Excused: Senator Owen - 1.
SENATE BILL NO. 5164, 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.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5511, deferred on second reading earlier today.
MOTION
Senator Roach moved that the following amendment be adopted:
On page 5, after line 30, insert the following:
"NEW SECTION. Sec. 14.
This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof."Debate ensued.
Senator Roach 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 Roach on page 5, after line 30, to Second Substitute Senate Bill No. 5511.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 19.
Voting nay: Senators Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 28.
Absent: Senator Newhouse - 1.
Excused: Senator Owen - 1.
MOTION
On motion of Senator Drew, the rules were suspended, Second Substitute Senate Bill No. 5511 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. 5511.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5511 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 32.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar and West - 16.
Excused: Senator Owen - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5511, 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. 5903, by Senators Bauer, Winsley and von Reichbauer (by request of State Board for Community and Technical Colleges)
Allocating basic education funding to community and technical colleges for students enrolled in community or technical colleges.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5903 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. 5903.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5903 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, 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.
Voting nay: Senator Barr - 1.
Excused: Senator Owen - 1.
SENATE BILL NO. 5903, 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, Senators Anderson and Moyer were excused.
SECOND READING
SENATE BILL NO. 5385, by Senators Moore, Newhouse, McAuliffe and Winsley (by request of Department of Licensing)
Creating the uniform commercial code fund.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Senate Bill No. 5385 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. 5385.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5385 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Barr, McDonald, Nelson, Roach, von Reichbauer and West - 6.
Excused: Senators Anderson, Moyer and Owen - 3.
SENATE BILL NO. 5385, 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.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5831, by Senators Barr, Sutherland and McCaslin
Limiting certain payments by electrical utilities to owners of residences in which the primary heat source is electric resistance space heat.
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 3, after line 4, insert the following:
"NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, beginning on line 3 of the title, after "19.27A.035;" strike "and creating a new section" and insert "creating a new section; and declaring an emergency"
MOTION
On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 5831 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5831.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5831 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, 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 Anderson and Owen - 2.
ENGROSSED SENATE BILL NO. 5831, 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 12:02 p.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:06 p.m. by President Pritchard.
MOTION
On motion of Senator Oke, Senators McDonald, Moyer and Linda Smith were excused.
SECOND READING
SENATE BILL NO. 5829, by Senators Moore and Prince
Licensing mortgage brokers, associate mortgage brokers, and loan originators.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5829 was substituted for Senate Bill No. 5829 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5829 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. 5829.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5829 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Excused: Senators McDonald, Moyer, Owen and Smith, L. - 4.
SUBSTITUTE SENATE BILL NO. 5829, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5307 and the pending amendment by Senator Roach on page 2, after line 26, deferred March 13, 1993.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Pelz, the President finds that Substitute Senate Bill No. 5307 is a measure which extends the crime of firearms possession on school premises to all persons and to related areas, defines exceptions to the crime, adds violations as a basis for expulsion, adds schools and related areas to the list of firearm restricted areas, allows municipalities to pass ordinances, and adds an exception to the limits on release of student permanent records.
"The amendment by Senator Roach would recognize a state constitutional right to bear arms and apply it specifically to school premises. The amendment also creates a crime of denial of firearm civil rights for the prevention or obstruction of lawful possession of firearms on school premises.
"The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."
The amendment by Senator Roach on page 2, after line 26, to Substitute Senate Bill No. 5307 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 2, after line 26, to Substitute Senate Bill No. 5307.
Debate ensued.
Senator Roach demanded a roll call and the demand was not sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 2, after line 26, to Substitute Senate Bill No. 5307.
The motion by Senator Roach failed and the amendment was not adopted.
MOTION
Senator Skratek moved that the following amendment by Senators Skratek and Hargrove be adopted:
On page 2, after line 26, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:
Each school district and private school shall report by January 31st of each year all known incidents involving the possession of weapons on school premises, transportation systems, or athletic facilities in violation of RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of representatives, the senate, and the governor.
"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 Senator Skratek and Hargrove on page 2, after line 26, to Substitute Senate Bill No. 5307.
The motion by Senator Skratek carried and the amendment was adopted.
MOTION
Senator Roach moved that the following amendments be considered simultaneously and be adopted:
On page 2, beginning on line 27, strike all of Section 2.
On page 4, line 29, strike "3" and insert "2"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Roach on page 2, beginning on line 27, and page 4, line 29, to Substitute Senate Bill No. 5307.
The motion by Senator Roach carried and the amendments were adopted.
MOTION
Senator Roach moved that the following amendment be adopted:
On page 5, after line 15, insert a new section as follows:
"Sec. 4. RCW 10.31.100 and 1988 c 190 s 1 are each amended to read as follows:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (((8))) (9) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.100 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(9) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
(10) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(((10))) (11) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the police officer acts in good faith and without malice."
POINT OF ORDER
Senator Jesernig: Mr. President, a point of order on this amendment. I think I am correct on this. This is Senator Sutherland's bill which is presently on the calendar, actually. Is it 5107, Senator Sutherland? Yes, 5107. My question is, is it appropriate to have an amendment which is exactly like a separate bill that is before the Legislature?"
REPLY BY THE PRESIDENT
President Pritchard: "There is no law against it unless the members object."
Senator Jesernig: "O.K."
President Pritchard: "There is no law or rule against it. I'll put it that way."
Senator Jesernig: "Thank you, Mr. President."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 5, after line 15, to Substitute Senate Bill No. 5307.
The motion by Senator Roach carried and the amendment was adopted.
MOTION
Senator Erwin moved that the following amendment by Senators Erwin and von Reichbauer be adopted:
On page 2, after line 26, insert the following new subsection:
"(4) The legislature recognizes that the right to keep and bear arms in defense of oneself as guaranteed by Article I, section 24 of the state Constitution is a fundamental freedom, and that this basic civil right is extended to school premises to at least the level of possession allowed pursuant to this act. The following provisions shall apply to the issue of firearm civil rights on school premises:
(a) The crime of denial of firearm civil rights applies both to employees who violate a provision of this subsection and to any employers or supervisors who require or order an employee to violate a provision of this subsection. The fact or claim that a public official or public employee was acting under the direction of a supervisor is not a defense to an action under this subsection.
(b) Denial of firearm civil rights is a gross misdemeanor.
(c) A person whose firearm civil rights have been denied under this subsection shall be awarded civil damages equal to ten thousand dollars for each violation plus attorney fees and compensation for loss of income, loss of wages, loss of fringe benefits, transportation expenses, communication expenses, and all other costs associated with efforts to regain the person's firearm civil rights and ask civil remedies. The civil remedies may be sought regardless of whether or not criminal charges have been filed, and the petitioner's case shall not be prejudiced by the fact that criminal charges were not filed. The civil action may be brought in the county where the violation occurred or in Thurston county at the discretion of the petitioner."
POINT OF ORDER
Senator Talmadge: "A point of order, Mr. President. I believe this amendment is exactly the same amendment that was offered by Senator Roach and rejected by the body. I don't believe the amendment is properly before the Senate."
REPLY BY THE PRESIDENT
President Pritchard: "We're looking at it. It appears that way. We are looking at it. Senator Talmadge, there are some differences."
Senator Erwin demanded a roll call and the demand was sustained.
POINT OF INQUIRY
Senator Talmadge: "Senator Erwin, when the previous amendment that Senator Roach sponsored was up, I indicated in floor remarks that there was a section in here that created a new civil claim and the opportunity to recover a whole variety of new types of damages. Can you explain for me what some of these things are, like what would be communication expenses associated with a civil claim for violation of a firearms civil right?"
Senator Erwin: "Senator Talmadge, thanks for your question. I can tell you that this is similar and perhaps Senator Roach would like to answer some of those. The intent is similar; the language is different and--"
Senator Talmadge: "Transportation expenses, do you have an idea of what that was meant to be?"
Senator Erwin: "I have my own ideas about what those things could be, but I don't wish to divulge them on this floor of the Senate here. Thank you."
Further debate ensued.
POINT OF ORDER
Senator Pelz: "A point of order, is this the second time that Senator Roach has spoken to this issue--this amendment?"
REPLY BY THE PRESIDENT
President Pritchard: "This is the first time on this issue."
Senator Pelz: "On this amendment?"
President Pritchard: "On this amendment, yes, first time."
Senator Pelz: "First time?"
President Pritchard: "Senator Erwin moved the amendment. This is Senator Roach."
MOTION
On motion of Senator Oke, Senator Anderson was excused.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Erwin and von Reichbauer to Substitute Senate Bill No. 5307.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 10; Nays, 38; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Barr, Erwin, Hochstatter, Nelson, Roach, Sellar, Smith, L., von Reichbauer and West - 10.
Voting nay: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 38.
Excused: Senator Anderson - 1.
MOTION
Senator Nelson moved that the following amendment be adopted:
On page 2, after line 26, insert the following:
"(i) Pursuant to 18 USC 922, "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds."
POINT OF INQUIRY
Senator Pelz: "Senator Nelson, what is the financial impact of this? Who is going to pay to put these signs up?"
Senator Nelson: "Senator Pelz, the federal law dealing with gun-free zone signs indicates that there is a cooperative effort among federal, state and local authorities to cause these signs to be placed. In some cases, they will be signs that will be on school premises and in other cases, they will be adjacent to school premises. I felt that no cost is prohibitive of reaching the solution that we are trying to get here. This particular issue of putting up signs is, in my opinion, one step forward toward making these grounds safe for everyone. If you give proper notification, then you have no excuse whether it be school personnel or law enforcement fulfilling the existing law, let alone the extension of the law that we are now placing in this bill."
Further debate ensued.
POINT OF INQUIRY
Senator West: "Senator Pelz, is the underlying purpose of this bill to prevent guns in schools and on school property?"
Senator Pelz: "Yes it is, Senator West."
Senator West: "Thank you."
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Nelson on page 2, after line 26, to Substitute Senate Bill No. 5307.
The motion by Senator Nelson carried and the amendment was adopted:
MOTION
Senator Roach moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.41.280 and 1989 c 219 s 1 are each amended to read as follows:
(1) It is unlawful for ((an elementary or secondary school student under the age of twenty-one knowingly)) a person to carry onto public or private elementary or secondary school premises, while school is in session or during a school-sponsored event:
(a) Any firearm; or
(b) Any dangerous weapon as defined in RCW 9.41.250; or
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such ((student)) person violating subsection (1) of this section is guilty of a gross misdemeanor.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools for the remainder of the school year in which the violation occurs.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy; or
(b) Any ((student)) person engaged in military, law enforcement, or school district security activities((, sponsored by the federal or state governments while engaged in official duties)); or
(c) Any ((student)) person who is ((attending)) involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; or
(d) Any ((student)) person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises; ((or))
(e) Any ((student)) person while the ((student)) person is participating in a firearms or air gun competition approved by the school or school district;
(f) Any person legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle;
(g) Any person who is in lawful possession of an unloaded, secured firearm in a vehicle; or
(h) Any person in possession of a firearm pursuant to RCW 9.41.070. Any person who carries a firearm onto a school premise pursuant to RCW 9.41.070 shall, immediately upon entry onto the premises, proceed directly to the administrative office of the school and notify the highest-ranking available administrative official of the fact that the firearm is on school premises. Violation of the requirement to notify the appropriate official is a violation of this section.
NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:
In any civil action brought against a minor for recovery of damages for actions which violate RCW 9.41.280, any parent or parents or legal guardian or guardians of such minor, with whom such minor resides shall notwithstanding any other provisions of RCW 4.24.190, be liable for all harm caused by the violation, unless such firearm, dangerous weapon, or other device was obtained unlawfully and the parent or guardian had no knowledge thereof.
Sec. 3. RCW 28A.635.060 and 1989 c 269 s 6 are each amended to read as follows:
(1) Any pupil who shall deface or otherwise injure any school property, shall be liable to suspension and punishment. Any school district whose property has been lost or willfully cut, defaced, or injured, may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages, unless the student is transferring to another elementary or secondary educational institution, in which case the student's permanent record shall be released promptly to the receiving school. When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.
(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.
(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason."
POINT OF ORDER
Senator Adam Smith: "A point of order, Mr. President. This amendment was offered and then it was withdrawn with the consent of the body and now we are offering it again. I thought we withdrew it and everyone said o.k. Can we just bring it back up and offer it again since it is the exact same amendment--just out of curiosity?"
RULING BY THE PRESIDENT
President Pritchard: "Senator Smith, it was not decided before; it was not debated. The Chair feels that it is proper to have it and make a determination."
Senator Roach 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 striking amendment by Senator Roach to Substitute Senate Bill No. 5307.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 16; Nays, 32; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Cantu, Erwin, Hochstatter, McCaslin, McDonald, Moore, Nelson, Newhouse, Oke, Roach, Sellar, von Reichbauer and West - 16.
Voting nay: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moyer, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 32.
Absent: Senator Smith, L. - 1.
MOTION
On motion of Senator Pelz, the following title amendments were considered simultaneously and were adopted:
On page 1, line 2 of the title, after "9.41.300" insert "10.31.100"
On page 1, line 2 of the title, after "28A.635.060;" insert "adding a new section to chapter 28A.320 RCW;"
MOTION
On motion of Senator Pelz, the rules were suspended, Engrossed Substitute Senate Bill No. 5307 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Hargrove: "Senator Pelz, the amendment offered by Senator Quigley and adopted which referred to 'a parent, a grandparent or legal guardian who has been issued a license would be an exception while picking up or dropping off a student,' would it be the legislative intent that if this parent coming to pick up a student didn't find the student there for some reason, they would be included in the exemption? In other words, if the intent was to pick up--"
Senator Pelz: "Yes, that is the legislative intent."
Senator Hargrove: "O.K., thank you."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5307.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5307 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Voting nay: Senators Amondson, Barr, Hochstatter, Roach, Sellar and Smith, L. - 6.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5307, 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. 5597, by Senators A. Smith, Spanel and Rinehart (by request of Attorney General)
Limiting the use of documentary materials.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5597 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. 5597.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5597 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 48.
Absent: Senator McDonald - 1.
SENATE BILL NO. 5597, 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. 5176, by Senators Vognild, Pelz, Moore, Wojahn and Fraser
Concerning the cashing of government issued checks or warrants.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5176 was substituted for Senate Bill No. 5176 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5176 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. 5176.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5176 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Niemi, Owen, Pelz, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 33.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, Nelson, Newhouse, Oke, Prentice, Sellar, Smith, L. and West - 16.
SUBSTITUTE SENATE BILL NO. 5176, 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. 5368, by Senators Owen, Sutherland, McDonald, Bauer, Nelson, Anderson and Erwin
Creating a sales tax exemption for certain vessels.
MOTIONS
On motion of Senator Spanel, Substitute Senate Bill No. 5368 was substituted for Senate Bill No. 5368 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. 5368 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. 5368.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5368 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
SUBSTITUTE SENATE BILL NO. 5368, 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. 5778, by Senators Prentice, Hargrove, Jesernig, Prince, Wojahn, Haugen, Franklin, Spanel, Fraser, Barr, Amondson, McAuliffe, Moore, Moyer, Hochstatter and Pelz
Creating a joint underwriting association for midwives.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5778 was substituted for Senate Bill No. 5778 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the following amendments by Senators Prentice and Amondson were considered simultaneously and were adopted:
On page 2, line 29, after "chapter." insert "Such plan shall include a market assistance plan to be used prior to activating a joint underwriting association."
On page 3, line 9, after "volume." insert "Any rating plan for midwifery malpractice insurance used under this section must be based on sound actuarial principles."
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5778 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. 5778.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5778 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, 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.
Absent: Senators Hargrove and Pelz - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5778, 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. 5578, by Senators Fraser, Owen, Oke, Hargrove, Haugen and Winsley
Clarifying the areas where a personal use fishing license is not required.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Senate Bill No. 5578 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 Senate Bill No. 5578.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5578 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
SENATE BILL NO. 5578, 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. 5905, by Senators Vognild, Fraser and Deccio (by request of County Road Administration Board)
Changing provisions regarding the county road administration board.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5905 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. 5905.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5905 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
SENATE BILL NO. 5905, 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. 5729, by Senator Rinehart
Changing the family emergency assistance program.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendments were considered simultaneously and were adopted:
On page 2, line 13, after "level," strike "without" and insert "and may include"
On page 2, beginning on line 29, strike all of section 2.
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "program;" insert "and" and on line 2, after "660" strike "; and repealing RCW 74.14C.065"
MOTION
On motion of Senator Talmadge, the rules were suspended, Engrossed Senate Bill No. 5729 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. 5729.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5729 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
ENGROSSED SENATE BILL NO. 5729, 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. 5537, by Senators Sutherland, Hochstatter and A. Smith (by request of Utilities and Transportation Commission)
Concerning alternate operator service companies.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5537 was substituted for Senate Bill No. 5537 and the substitute bill was placed on second reading and read the second time.
Senator Hochstatter moved that the following amendment by Senators Hochstatter, Amondson, West, Owen, McCaslin, McDonald, Vognild and Rasmussen be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The joint select committee on telecommunications is hereby created. The committee shall consist of eight members, four from the house of representatives to be appointed by the speaker of the house of representatives and four from the senate to be appointed by the president of the senate, with not more than two members from each chamber being of the same political party. The chairperson and vice-chairperson of the committee shall be jointly selected by the president of the senate and the speaker of the house. Vacancies shall be filled in the same manner as the original appointment. The committee shall use existing legislative staff to the extent practicable.
The committee shall study the services and charges of alternate operator service companies as they relate to local exchanges, local hotel exchanges, long distance service, and 911 emergency communications networks.
The committee in the exercise of its responsibilities shall be deemed to be performing operations in assistance to the Washington utilities and transportation commission and shall be funded from the public service revolving fund. The committee shall have the authority to hire such additional staff, create such advisory committees, contract with such state agencies or private consultants, and incur such administrative, educational, and member and staff travel expenses as it deems necessary within its budget, subject to available funds and the approval of the senate facilities and operations committee and the house of representatives executive rules committee in accordance with the joint rules. Committee-related travel expenses of the committee members and staff shall be paid from the committee's budget.
The committee shall be housed in existing facilities and shall be subject to the rules of the house of the chairperson.
The committee shall report to the legislature in January 1994 and cease to exist on July 1, 1994."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hochstatter, Amondson, West, Owen, McCaslin, McDonald, Vognild and Rasmussen to Substitute Senate Bill No. 5537.
The motion by Senator Hochstatter failed and the amendment was not adopted.
MOTION
On motion of Senator Sutherland, the rules were suspended, Substitute Senate Bill No. 5537 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. 5537.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5537 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 9; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 40.
Voting nay: Senators Amondson, Anderson, Barr, Hochstatter, Loveland, McCaslin, Moore, Oke and Vognild - 9.
SUBSTITUTE SENATE BILL NO. 5537, 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. 5768, by Senators Haugen, Oke, Loveland, Nelson, Owen, Cantu and Moyer
Providing for inspection services at an emergency scene upon the request of a public official.
The bill was read the second time.
MOTION
Senator Adam Smith moved that the following amendment by Senators Adam Smith, Haugen and McCaslin be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 38.52.010 and 1986 c 266 s 23 are each amended to read as follows:
As used in this chapter:
(1) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
(2) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.
(3) "Political subdivision" means any county, city or town.
(4) "Emergency worker" means any person who is registered with a local emergency management organization or the department of community development and holds an identification card issued by the local emergency management director or the department of community development for the purpose of engaging in authorized emergency management activities, is an architect registered under chapter 18.08 RCW or a professional engineer registered under chapter 18.43 RCW, or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities.
(5) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.
(6) "Emergency or disaster" as used in this chapter shall mean an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
(7) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.
(8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.
(9) "Director" means the director of community development.
(10) "Local director" means the director of a local organization of emergency management or emergency services.
(11) "Department" means the department of community development.
(12) "Damage to property" includes, without limitation, any business interruption or other economic losses that may result from damage to, or the destruction or condemnation of, any real property."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Adam Smith, Haugen and McCaslin to Senate Bill No. 5768.
The motion by Senator Adam Smith carried and the amendment was adopted.
MOTIONS
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 2 of the title, after "scene;" strike the remainder of the title and insert "and amending RCW 38.52.010."
On motion of Senator Adam Smith, the rules were suspended, Engrossed Senate Bill No. 5768 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. 5768.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5768 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
ENGROSSED SENATE BILL NO. 5768, 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. 5534, by Senators Vognild and Prince
Authorizing terminal safety audits of private carriers.
The bill was read the second time.
MOTIONS
On motion Senator Barr, the following amendment by Senators Barr and Vognild was adopted:
On page 1, beginning on line 14, strike the remainder of subsection (b) and insert "(i) have terminal operations located in the state of Washington, and (ii) operate fleets of three or more vehicles are subject to commission jurisdiction. The Washington state patrol will continue to conduct highway safety inspections for all private carriers."
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5534 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. 5534.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5534 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
ENGROSSED SENATE BILL NO. 5534, 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. 5397, by Senators Sheldon, Prince, Winsley, Bauer, Drew and Oke
Granting resident status at institutions of higher education for active duty personnel stationed in Washington and their spouses and dependents.
MOTIONS
On motion Senator Bauer, Substitute Senate Bill No. 5397 was substituted for Senate Bill No. 5397 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5397 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Spanel, Senator Moore was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5397.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5397 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, 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 - 48.
Excused: Senator Moore - 1.
SUBSTITUTE SENATE BILL NO. 5397, 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. 5349, by Senators Pelz and Moyer
Renaming educational clinics.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5349 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. 5349.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5349 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
SENATE BILL NO. 5349, 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. 5077, by Senator Vognild
Specifying when damages for pain and suffering of a deceased person may be recovered by survivors.
The bill was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5077 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. 5077.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5077 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, 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.
Voting nay: Senators Cantu and Newhouse - 2.
SENATE BILL NO. 5077, 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. 5264, by Senators M. Rasmussen, Bluechel, Skratek, Erwin, Deccio, Roach, Sheldon, Williams, Moore, Loveland, Sutherland, Bauer and Winsley
Establishing a Washington state trade office in the Russian Far East.
MOTIONS
On motion of Senator Skratek, Second Substitute Senate Bill No. 5264 was substituted for Senate Bill No. 5264 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. 5264 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. 5264.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5264 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
Absent: Senator Vognild - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5264, 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. 5682, by Senators Sutherland, Oke, Prentice and Erwin
Exempting certain religious publications and subscribers from insurance provisions.
MOTIONS
On motion of Senator Sutherland, Substitute Senate Bill No. 5682 was substituted for Senate Bill No. 5682 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Sutherland, the following amendment by Senators Sutherland, Amondson, Moore and Oke was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 48.01 RCW to read as follows:
This title does not apply to an organization that:
(1) Operates as a nonprofit organization registered under chapter 19.09 RCW;
(2) Produces a periodic publication that:
(a) Suggests amounts publication subscribers may voluntarily give to other subscribers, with no assumption of risk or promise to pay either among the subscribers or between the subscribers and the publication;
(b) Provides for the payment of subscriber financial or medical needs by payments directly from one subscriber to another; and
(c) Discloses plainly in bold ink on the first page of any pamphlet, advertisement, questionnaire, enrollment, or subscription form:
"WARNING: THIS IS NOT AN INSURANCE CONTRACT. IF YOU ARE NOT HELPED WITH ANY OF YOUR NEEDS, YOU HAVE NO LEGAL RECOURSE AGAINST ANY OTHER SUBSCRIBER OR THE ORGANIZATION. NO CONTRACT OF INSURANCE OR INDEMNIFICATION EXISTS EITHER IN FACT OR IMPLIED.";
(3) Acts as an organizational clearinghouse for information between subscribers who have financial, physical, or medical needs and subscribers who choose to assist with those needs, matching subscribers with the present ability to pay with subscribers having a present financial or medical need; and
(4) Receives subscription fees or other payments or charges of any kind annually from subscribers that do not exceed an amount equal to eight and thirty-four one-hundredths percent of the total suggested amounts to give published annually."
On motion of Senator Sutherland, the following title amendment was adopted:
On page 1, line 1 of the title, after "48 RCW;" strike the remainder of the title and insert "and adding a new section to chapter 48.01 RCW."
MOTION
On motion of Senator Sutherland, the rules were suspended, Engrossed Substitute Senate Bill No. 5682 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Franklin: "Senator Sutherland, is this organization equivalent to a benevolent type organization such as say the fraternal organization of the Elks and do you classify it as, perhaps, missionary work as done by the churches?"
Senator Sutherland: "The bill only authorizes companies that are on record with the federal government with what is considered a 501-C3 non-profit organization. I don't believe that they would be considered fraternal organizations like the Elks, the Moose, those other kinds of lodges in the state of Washington. In fact, to the best of my knowledge, those fraternal organizations are currently exempt or for the most part, exempt, in state law from any kind of regulatory review even if they provide full health care benefits.
"The particular company that has been discussed this afternoon, the Christian Brotherhood Newsletter, with the administrative fee that they receive in addition to the salaries that they pay, as Senator Wojahn has mentioned, they do support two other entities. One of those is a drug/alcohol rehabilitation center and the second are six missions in Haiti. Those six missions and the drug rehab center are all paid out of the subscriber fee for the newsletter, not out of anything that individual subscribers would send to each other."
Further 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. 5682.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5682 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Hargrove, Haugen, Hochstatter, Jesernig, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Sutherland, Talmadge, von Reichbauer, West, Williams and Winsley - 39.
Voting nay: Senators Loveland, McAuliffe, Moore, Niemi, Rasmussen, M., Skratek, Spanel and Wojahn - 8.
Absent: Senator Gaspard - 1.
Excused: Senator Vognild - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5682, 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. 5875, by Senators Gaspard, von Reichbauer, A. Smith, Winsley and M. Rasmussen (by request of Military Department)
Enacting the national guard mutual assistance counter-drug activities compact.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5875 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. 5875.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5875 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 48.
Absent: Senator Hochstatter - 1.
SENATE BILL NO. 5875, 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. 5107, by Senators Sutherland and A. Smith
Concerning arrest without warrant.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5107 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. 5107.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5107 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 49.
SENATE BILL NO. 5107, 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. 5155, by Senators Skratek, Haugen, Drew and Roach
Changing requirements for the establishment of community councils.
The bill was read the second time.
MOTIONS
Senator Bauer moved that the following amendments by Senators Bauer and Vognild be considered simultaneously and be adopted:
On page 1, line 9, after "unincorporated areas" strike all material down to and including "islands))" on line 10 and insert "in counties with a population of over thirty thousand that are made up entirely of islands and in counties with a population of over one million"
On page 2, line 4, after "established" strike all material down to and including "islands))" on line 6 and insert "and which is located in a county with a population of over thirty thousand that are made up entirely of islands and in counties with a population of over one million"
On page 2, line 18, after "county" strike all material down to and including "town))" on line 20 and insert "with a population of over thirty thousand that is made up entirely of islands and in counties with a population of over one million and not included within a city or town"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Bauer and Vognild on page 1, line 9, and page 2, lines 4 and 18, to Senate Bill No. 5155.
The motion by Senator Bauer carried and the amendments were adopted on a rising vote.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5155 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. 5155.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5155 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Barr, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moyer, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 36.
Voting nay: Senators Amondson, Bauer, Bluechel, Deccio, McCaslin, McDonald, Moore, Nelson, Sellar, Smith, L., Vognild, von Reichbauer and Williams - 13.
ENGROSSED SENATE BILL NO. 5155, 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. 5405, by Senators Pelz, Oke, McAuliffe and Winsley
Raising the minimum dollar amount requiring competitive bidding by school districts.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5405 was substituted for Senate Bill No. 5405 and the substitute bill was placed on second reading and read the second time.
Senator Hochstatter moved that the following amendments be considered simultaneously and be adopted:
On page 2, line 26, after "roster." insert "Contractors on the small works roster submitting quotations under this subsection are exempt from RCW 39.12.020 and 39.12.021."
On page 3, line 4, after "followed." insert "Contractors on the small works roster submitting bids under this subsection are exempt from RCW 39.12.020 and 39.12.021."
POINT OF ORDER
Senator Vognild: "Mr. President, I'd raise the point of order that these amendments expand the scope and object of the bill. This bill is a bill that is very narrowly drawn. It is a bill that simply changes the dollar figures by which they must go to bid. The amendments attempt to amend the prevailing wage law and, as a matter of fact, the amendments do not carry a title amendment, but it would require a title amendment before it could be added to this bill."
Further debate ensued.
MOTION
On motion of Senator Jesernig, further consideration of Substitute Senate Bill No. 5405 was deferred.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5357, by Senators Pelz, Sutherland, Jesernig, Snyder, Gaspard, Fraser, Moore and Quigley
Requiring contractors for school employment service contracts to provide health care and retirement benefits commensurate with those provided for classified employees performing similar services.
MOTIONS
On motion of Senator Pelz, Substitute Senate Bill No. 5357 was substituted for Senate Bill No. 5357 and the substitute bill was placed on second reading and read the second time.
Senator Nelson moved that the following amendment be adopted:
On page 2, after line 11, insert the following:
"Sec. 2. RCW 50,.44.050 and 1990 c 33 s 587 are each amended to read as follows:
Except as otherwise provided in subsections (1) through (4) of this section, benefits based on services in employment covered by or pursuant to this chapter shall be payable on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this title.
(1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which commences during the period between two successive academic years or terms (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. Any employee of a common school district who is presumed to be reemployed pursuant to RCW 28A.405.210 shall be deemed to have a contract for the ensuing term.
(2) (a) Benefits shall not be paid based on services in any other capacity for an educational institution for any week of unemployment which commences during the period between two successive academic years or terms, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms: PROVIDED, That if benefits are denied to any individual under this subsection and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subsection.
(b) This subsection (2) shall not apply to individuals performing services for a school district or educational service district similar to those performed by employees of a private employer under contract with the school district or educational service district. These school district or educational service district employees shall receive unemployment compensation benefits similar to those received by the employees of such private employer.
(3) Benefits shall not be paid based on any services described in subsections (1) and (2) of this section for any week of unemployment which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
(4) Benefits shall not be paid (as specified in subsections (1), (2), or (3) of this section) based on any services described in subsections (1) or (2) of this section to any individual who performed such services in an educational institution while in the employ of an educational service district which is established pursuant to chapter 28A.310 RCW and exists to provide services to local school districts."
MOTION
At 4:39 p.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 5:25 p.m. by President Pritchard.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5357 and the pending amendment by Senator Nelson on page 2, after line 11, which was being considered before the Senate went at ease.
Debate ensued.
Senator Erwin 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 Nelson on page 2, after line 11, to Substitute Senate Bill No. 5357.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 28; Absent, 2; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar, von Reichbauer, West and Winsley - 19.
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: Senators Roach and Smith, L. - 2.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5357 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Erwin: "Senator Pelz, does this include pensions?"
Senator Pelz: "Yes, it does."
Senator Erwin: "So, as a small business person, I will have to match whatever the school district does, as far as pensions for their employees?"
Senator Pelz: "If you are submitting a bid to subcontract out work, previously paid for--provided by school employees--you would have to match benefits. However, you would not have to match wages, which I would contend is far and away the larger block of total costs you would be incurring."
Senator Erwin: "Thank you, Senator Pelz."
Further debate ensued.
POINT OF INQUIRY
Senator Moyer: "Senator Pelz, if a contractor were to attempt to go along with this, who would measure whether the health care benefits, for example, are commensurate? How would you go about doing that?"
Senator Pelz: "The bill states, 'The contract shall require the health care and retirement benefits to be commensurate with the health care and retirement benefits provided by the school district to classified employees performing services similar to those services being performed in other contracts.'"
Senator Moyer: "But, my question is, how then would you go about doing that? Let's say that the health care benefits, as you said, are eighty-two dollars, or something, and then they work for five days, do they have to renegotiate another contract to make that commensurate and who then decides if, indeed, it is commensurate?"
Senator Pelz: "Obviously, in the case where there are services currently being provided by the district and they are about to be contracted out, you could just extend the benefit level across, because the time nexus is so appropriate. You would pay the same benefits, once the contract kicked in as were currently being paid by the school district to its employees. In a case where there had been some lapse of time, where say it had been maybe a three or four year period that these services had been contracted out, you would have to conduct a survey of similar job classifications within the school district at the time and pay benefits then commensurate with similar job classifications currently working--classified people currently working for the school district."
Senator Moyer: "In the case of the eighty dollar benefit, then, let's say that the school district is three hundred dollars, would the contractor then make up the difference in cash or would he renegotiate a new contract?"
Senator Pelz: "The next time the contract comes up for renewal is the way the bill reads."
Senator Moyer: "If he is only on the job for seven days, how does he do that?"
Senator Pelz: "If he is subcontracting to perform services to a school district, I assume that is an ongoing contract. If it is a seven day contract and it has expired, I take it that he is not coming in to renew that contract. In which case, it wouldn't be appropriate."
Senator Moyer: "Would the same thing apply to pensions?"
Senator Pelz: "Benefits, yes."
Senator Moyer: "So, if there were pension benefits--let's say that the contractor's pension benefit was higher than the state, then how would he handle that?"
Senator Pelz: "He might be eligible for a rebate. I don't know."
Senator Moyer: "It seems to me that it is nearly impossible to administer."
Senator Pelz: "That is your opinion."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5357.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5357 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.
Voting yea: 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, von Reichbauer, Williams, Winsley and Wojahn - 30.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L. and West - 19.
SUBSTITUTE SENATE BILL NO. 5357, 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 5:49 p.m., on motion of Senator Jesernig, the Senate recessed until 7:00 p.m.
The Senate was called to order at 7:08 p.m. by President Pritchard.
MOTIONS
On motion of Senator Oke, Senator Bluechel was excused.
On motion of Senator Spanel, Senator Drew was excused.
SECOND READING
SENATE BILL NO. 5474, by Senators A. Smith, Pelz, Niemi, Spanel, Drew, Prince, Roach and Franklin (by request of Human Rights Commission)
Revising laws relating to discrimination.
The bill was read the second time.
MOTION
Senator Nelson moved that the following amendment by Senators Nelson and Hargrove be adopted:
On page 17, line 24, after "exceed" strike "((one)) ten" and insert "one"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Nelson and Hargrove on page 17, line 24, to Senate Bill No. 5474.
The motion by Senator Nelson failed and the amendment was not adopted.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5474 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. 5474.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5474 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Franklin, Fraser, Gaspard, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, 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, Cantu, Deccio, Erwin, Hargrove, Haugen, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 22.
Excused: Senators Bluechel and Drew - 2.
SENATE BILL NO. 5474, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5405 and the pending amendments by Senator Hochstatter on page 2, line 26, and page 3, line 4, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Vognild, the President finds that Substitute Senate Bill No. 5405 is a measure which is limited to raising the minimum dollar amount requiring competitive bidding by school districts.
"The amendments by Senator Hochstatter would exempt certain contractors on the small works roster from laws dealing with prevailing rates on public works contracts.
"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."
The amendments by Senator Hochstatter on page 2, after line 26, and page 3, line 4, to Substitute Senate Bill No. 5405 were ruled out of order.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5405 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. 5405.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5405 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams and Wojahn - 28.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hochstatter, Loveland, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Smith, L., West and Winsley - 19.
Excused: Senators Bluechel and Drew - 2.
SUBSTITUTE SENATE BILL NO. 5405, 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. 5510, by Senator Niemi
Notifying reentering state employees of their ability to restore previously withdrawn contributions.
MOTIONS
On motion of Senator Niemi, Substitute Senate Bill No. 5510 was substituted for Senate Bill No. 5510 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Niemi, the following amendment was adopted:
On page 1, after line 13, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:
Any active member or separated member who was not eligible to restore contributions under section 3, chapter 317, Laws of 1986, solely because he or she was an elected official, other than an elected official under Articles II or III of the Constitution of the state of Washington, shall be permitted to restore withdrawn contributions for periods of nonelected service no later than June 30, 1994, with interest as determined by the director."
MOTIONS
On motion of Senator Jesernig, the following amendment was adopted:
On page 1, after line 13, insert the following:
"Sec. 2. RCW 41.40.058 and 1987 c 417 s 1 are each amended to read as follows:
(1) Any person who was a member of the state-wide city employees' retirement system governed by chapter 41.44 RCW and who also became a member of the public employees' retirement system on or before July 26, 1987, may, in a writing filed with the director, elect to:
(a) Transfer to the public employees' retirement system all service currently credited under chapter 41.44 RCW;
(b) Reestablish and transfer to the public employees' retirement system all service which was previously credited under chapter 41.44 RCW but which was canceled by discontinuance of service and withdrawal of accumulated contributions as provided in RCW 41.44.190. The service may be reestablished and transferred only upon payment by the member to the employees' savings fund of the public employees' retirement system of the amount withdrawn plus interest thereon from the date of withdrawal until the date of payment at a rate determined by the director. No additional payments are required for service credit described in this subsection if already established under this chapter; and
(c) Establish service credit for the initial period of employment not to exceed six months, prior to establishing membership under chapter 41.44 RCW, upon payment in full by the member of the total employer's contribution to the benefit account fund of the public employees' retirement system that would have been made under this chapter when the initial service was rendered. The payment shall be based on the first month's compensation earnable as a member of the state-wide city employees' retirement system and as defined in RCW 41.44.030(13). However, a person who has established service credit under RCW 41.40.010(((11)))(13) (c) or (d) shall not establish additional credit under this subsection nor may anyone who establishes credit under this subsection establish any additional credit under RCW 41.40.010(((11)))(13) (c) or (d). No additional payments are required for service credit described in this subsection if already established under this chapter.
(2)(a) In the case of a member of the public employees' retirement system who is employed by an employer on July 26, 1987, the written election required by subsection (1) of this section must be filed and the payments required by subsection (1)(b) and (c) of this section must be completed ((in full within one year after July 26, 1987)) by December 31, 1993.
(b) In the case of a former member of the public employees' retirement system who is not employed by an employer on July 26, 1987, the written election must be filed and the payments must be completed in full within one year after reemployment by an employer.
(c) In the case of a retiree receiving a retirement allowance from the public employees' retirement system on July 26, 1987, or any person having vested rights as described in RCW 41.40.150 (((3) or (5))) (4), the written election may be filed and the payments may be completed at any time.
(3) Upon receipt of the written election and payments required by subsection (1) of this section from any retiree described in subsection (2)(c) of this section, the department shall recompute the retiree's allowance in accordance with this section and shall pay any additional benefit resulting from such recomputation retroactively to the date of retirement from the system governed by this chapter."
On motion of Senator Niemi, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "retirement;" strike the remainder of the title and insert "adding a new section to chapter 41.50 RCW; and adding a new section to chapter 41.40 RCW."
On page 1, line 1 of the title, after "retirement;" insert "amending RCW 41.40.058;"
MOTION
On motion of Senator Niemi, the rules were suspended, Engrossed Substitute Senate Bill No. 5510 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. 5510.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5510 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, 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 - 48.
Excused: Senator Drew - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5510, 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.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5372 and the pending amendment by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel on page 34, after line 6, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Substitute Senate Bill No. 5372 is a measure which makes several changes in the laws governing the assessment and collection of various state and local taxes.
"The amendment by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel would define one of the circumstances which creates a taking of property for public use.
"The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel on page 34, after line 6, to Substitute Senate Bill No. 5372 was ruled out of order.
MOTION
Senator Snyder moved that the following amendments by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel be considered simultaneously and be adopted:
On page 34, line 12, after "16" strike "and 17" and insert ", 17, and 45 through 59"
On page 34, after line 15, insert the following:
"NEW SECTION. Sec. 45. (1)(a) Whenever implementation by the state or any of its political subdivisions of a scheme directly or indirectly regulating the use of land operates to reduce the assessed value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use.
(b) The following definitions apply throughout this chapter:
(i) "Compensation" means cash or in-kind payment, if the affected property owner agrees to in-kind payment and then agrees to the in-kind payment actually offered, including but not limited to clustering; transfer of development rights; staging of concurrency; land trades; environmental mitigation credits for prior activity of owners; density bonuses; or adjustments to restrictions on lot size, number of units, or building dimensions.
(ii) "Parcel" means one or more contiguous tax lots of an owner.
(iii) "Owner" includes one or more natural or legal persons who own the parcel, whether as sole owner, marital community, cotenants, or tenants in partnership or as a corporation.
(iv) "Scheme regulating the use of land" means one regulation or government action affecting the use of land; or more than one such regulation or action, though occurring at different times or by different governmental entities, with the same or similar policy objectives, such as development moratoria, zoning, health regulations, safety regulations, aesthetic regulations, fish and wildlife regulations, sensitive-area regulations, and environmental regulations, whether such regulation or action is interim or permanent. A scheme regulating the use of land does not include any regulation or government action of the federal government or regulation or government action of the state or any local governmental entity taken to comply with the minimum requirements of federal law or regulation.
(2)(a) When a parcel of real property has been taken for public use as provided in this chapter, the governmental unit or units that implement the scheme regulating the use of land shall be liable to the owner for compensation under this chapter, and the owner shall have an action at law to recover such compensation. When more than one governmental unit is involved, the court shall determine the proportion each unit is required to contribute to the compensation.
(b) The compensation shall be for the full amount of the decrease in assessed value. In addition, an owner who prevails either through settlement or verdict in an action for the recovery of such compensation shall be entitled to reasonable costs, expenses of litigation, and sums for attorneys' fees.
(3) Governmental units subject to this chapter shall not make waiver of the provisions of this chapter a condition for approval of the use of real property or the issuance of any permit or other entitlement. Plaintiffs may accept an approval of use, permit, or other entitlement granted by the governmental unit without compromising their rights under this chapter if:
(a) A written reservation of their rights is made at the time of acceptance of the authorization, permit, or other entitlement; or
(b) An oral statement reserving their rights is made before the governmental unit granting the authorization, permit, or other entitlement at a public meeting at which the governmental unit renders its decision.
NEW SECTION. Sec. 46. Compensation is required by this chapter unless the scheme regulating the use of land is an exercise of the police power solely to prevent or abate a public nuisance as defined at common law or an application of the public trust doctrine as it relates to navigable water only.
NEW SECTION. Sec. 47. (1) The statute of limitations for actions brought under this chapter is the statute of limitations for actions for recovery of real property. The statute of limitations begins to run upon the enactment of the scheme regulating the use of land; or the final administrative decision implementing the scheme regulating the use of land affecting plaintiffs' property or by a showing by the plaintiff that application for administrative decision is futile.
(2) A scheme regulating the use of land is implemented with respect to an owner's or user's property when actually applied to that property unless the enactment of the scheme by itself operates to reduce the fair market value of real property for the uses permitted at the time the owner acquired title, without further governmental action and the scheme contains no provision allowing for just relief from the scheme's operation.
(3) This chapter applies to schemes regulating the use of land, all or some part of which is implemented after the effective date of this section. No part of a scheme shall be considered for purposes of this chapter if the part was implemented more that ten years before the effective date of this section.
NEW SECTION. Sec. 48. If a natural event or condition threatens to deprive an owner of land of the land's use or to cause serious damage to the land, and immediate corrective action is required to prevent this deprivation or damage, but this action will violate a state or local law or regulation unless official waiver or permission is obtained, the owner may either:
(1) Apply to the governmental unit charged with enforcing such regulation to take, or to permit the owner to take, the required corrective action. If the governmental unit wrongfully denies waiver or permission or fails to take reasonably timely action upon the application, so that such deprivation or damage occurs, the governmental unit shall be liable to the owner for the diminution in value of the land which occurs unless the natural event or condition was the fault of the owner; or
(2) Without notifying the governmental unit under subsection (1) of this section, take such corrective action as is reasonably necessary to prevent the threatened deprivation or damage. However, the owner shall notify the governmental unit that he or she has undertaken the corrective action within five days after commencing such action and shall give a general description of the action undertaken. Thereafter, in a legal action brought by the governmental unit, the owner shall be liable for violation of the regulation if a court determines that there was a violation and that an owner would not have qualified for any available waiver or exemption.
NEW SECTION. Sec. 49. (1) If a governmental unit is found by a court of competent jurisdiction to have committed a regulatory taking under section 45 of this act, such unit shall be liable for compensation, measured by the owner's diminution in assessed value caused by such taking from the time the scheme that regulated the use of the owner's land became effective until the unit may grant an exemption or choose to repeal such scheme. However, if the governmental unit does not grant an exemption or choose to repeal the regulatory scheme within a reasonable period of time, to be fixed by the court, then the unit shall be liable for compensation for a permanent taking, measured by the diminution of fair market sale value caused by the taking, valued as of the date of trial. This section shall not affect any further remedy that is constitutionally required.
(2) Any permit, authorization, or other entitlement granted under a scheme repealed under subsection (1) of this section shall continue to be valid.
NEW SECTION. Sec. 50. This chapter does not preclude any action at law or equity that an owner would have had if this chapter had not been enacted.
NEW SECTION. Sec. 51. If the state or any of its political subdivisions imposes, changes, or implements any scheme regulating the use of land in such a way as to reduce the previous assessed value of a taxpayer's property, the county assessor shall, on or before the ensuing April 1, adjust the property's assessed value downward by an amount equal to the difference between the assessed value of the property under the new scheme, and the previous assessed value.
NEW SECTION. Sec. 52. Whenever any compensation is paid to a property owner by the state or by any local governmental entity pursuant to a judgment or agreement to compensate for a regulatory taking under this chapter, the payor shall cause to be recorded with the county auditor for the county in which the real property is located a notice of compensation for regulatory taking. This notice shall contain a legal description of the affected parcel of real estate, a statement of the reason for compensation, the name of the payor, the name of the owner, and the amount paid.
NEW SECTION. Sec. 53. If a county, city, or health district is found by a court to have committed a regulatory taking under section 45 of this act, the court shall require that the compensation owed be paid by the state if the scheme regulating the use of land was adopted or implemented by the county or city in order to effectuate a policy or requirement of state or federal law.
NEW SECTION. Sec. 54. This chapter shall be known and may be cited as the private property protection act.
NEW SECTION. Sec. 55. A new section is added to chapter 35.21 RCW to read as follows:
Any city or town subject to the provisions of this title is also subject to sections 45 through 54 of this act.
NEW SECTION. Sec. 56. A new section is added to chapter 35A.21 RCW to read as follows:
Any code city subject to the provisions of this title is also subject to sections 45 through 54 of this act.
NEW SECTION. Sec. 57. A new section is added to chapter 36.01 RCW to read as follows:
Any county subject to the provisions of this title is also subject to sections 45 through 54 of this act.
NEW SECTION. Sec. 58. Sections 45 through 54 of this act shall constitute a new chapter in Title 8 RCW.
NEW SECTION. Sec. 59. If any provision of sections 45 through 54 of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
POINT OF ORDER
Senator Haugen: "I rise to a point of order. I would ask for a ruling on the scope and object of this amendment. The original bill, again, deals with just local tax procedures and this amendment seeks to create a basis for government compensation for land owners--where the valuable land has been affected by any governmental activity. It drastically changes the takings standards contained in the Washington State Constitution and that is currently defined by the Supreme Court and I think that your ruling on the previous amendment would follow this also. I urge your support."
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator
Haugen, the President finds that Substitute Senate Bill No. 5372 is a measure which makes several changes in the laws governing the assessment and collection of various state and local taxes.
"The amendments by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel defines circumstances under which a taking of property for public use has occurred and provides procedures for obtaining compensation.
"The President, therefore, finds that the proposed amendments do change the scope and object of the bill and the point of order is well taken."
The amendments by Senators Snyder, Anderson, Hargrove, Amondson, Owen, Newhouse, McCaslin, Sellar, West and Bluechel on page 34, line 12, and page 34, after line 15, to Substitute Senate Bill No. 5372 were ruled out of order.
MOTIONS
Senator Loveland moved that the following amendment by Senators Loveland and Winsley be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.46.110 and 1991 c 161 s 1 are each amended to read as follows:
The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the same: PROVIDED, That any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county: PROVIDED FURTHER, That (1) punch boards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2) no punch board or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this chapter; and (4) when any person shall win over twenty dollars in money or merchandise from any punch board or pull-tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the commission shall deem necessary: AND PROVIDED FURTHER, That taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross revenue received therefrom less the amount paid for or as prizes. Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue therefrom less the amount paid for as prizes: PROVIDED FURTHER, That no tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount paid for as prizes. No tax shall be imposed on the first ten thousand dollars of net proceeds from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games.
Taxes imposed under this chapter become a lien upon personal and real property in the same manner as provided for under RCW 84.60.010.
Sec. 2. RCW 28A.315.440 and 1975 1st ex.s. c 275 s 99 are each amended to read as follows:
Upon receipt of the aforesaid certificate, it shall be the duty of the board of county commissioners of each county to levy on all taxable property of that part of the joint school district which lies within the county a tax sufficient to raise the amount necessary to meet the county's proportionate share of the estimated expenditures of the joint district, as shown by the certificate of the educational service district superintendent of the district to which the joint school district belongs. Such taxes shall be levied and collected in the same manner as other taxes are levied and collected, and the proceeds thereof shall be forwarded ((quarterly)) monthly by the treasurer of each county, other than the county to which the joint district belongs, to the treasurer of the county to which such district belongs and shall be placed to the credit of said district. The treasurer of the county to which a joint school district belongs is hereby declared to be the treasurer of such district.
Sec. 3. RCW 35.49.130 and 1965 c 7 s 35.49.130 are each amended to read as follows:
((In county foreclosures for delinquency in the payment of general taxes, the county treasurer shall mail a copy of the published summons to the treasurer of every city and town within which any property involved in the foreclosure proceeding is situated. The copy of the summons shall be mailed within fifteen days after the first publication thereof, but the county treasurer's failure to do so shall not affect the jurisdiction of the court nor the priority of the tax sought to be foreclosed.))
If any property situated in a city or town is offered for sale for general taxes by the county treasurer, the city or town shall have power to protect the lien or liens of any local improvement assessments outstanding against the whole or portion of such property by purchase thereof or otherwise.
Sec. 4. RCW 36.21.011 and 1973 1st ex.s. c 11 s 1 are each amended to read as follows:
Any assessor who deems it necessary to enable him or her to complete the listing and the valuation of the property of his or her county within the time prescribed by law, (1) may appoint one or more well qualified persons to act as ((his)) assistants or deputies who shall not engage in the private practice of appraising within the county ((in which he is)) where employed without the written permission of the county assessor filed with the county auditor; and each such assistant or deputy so appointed shall, under the direction of the assessor, after taking the required oath, perform all the duties enjoined upon, vested in or imposed upon assessors, and (2) may contract with any persons, firms or corporations, who are expert appraisers, to assist in the valuation of property.
To assist each assessor in obtaining adequate and well qualified assistants or deputies, the state department of personnel, after consultation with the Washington state association of county assessors, the Washington state association of counties, and the department of revenue, shall establish by July 1, 1967, and shall thereafter maintain, a classification and salary plan for those employees of an assessor who act as appraisers. The plan shall recommend the salary range and employment qualifications for each position encompassed by it, and shall, to the fullest extent practicable, conform to the classification plan, salary schedules and employment qualifications for state employees performing similar appraisal functions.
((If)) An assessor who intends to put such plan into effect ((in his county, he)) shall inform the department of revenue and the ((board of)) county ((commissioners)) legislative authority of this intent in writing. The department of revenue and the ((board)) authority may thereupon each designate a representative, and such representative or representatives as may be designated by the department of revenue or the ((board)) legislative authority, or both, shall form with the assessor a committee. The committee so formed may, by unanimous vote only, determine the required number of certified appraiser positions and their salaries necessary to enable the county assessor to carry out the requirements relating to revaluation of property in chapter 84.41 RCW. The determination of the committee shall be certified to the ((board of)) county ((commissioners)) legislative authority. The committee provided for herein may be formed only once in a period of four calendar years.
After such determination, the assessor may provide, in each of ((his)) the four next succeeding annual budget estimates, for as many positions as are established in such determination. Each ((board of)) county ((commissioners)) legislative authority to which such a budget estimate is submitted shall allow sufficient funds for such positions. An employee may be appointed to a position covered by the plan only if the employee meets the employment qualifications established by the plan.
Sec. 5. RCW 46.44.175 and 1985 c 22 s 2 are each amended to read as follows:
Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than one hundred dollars or more than five hundred dollars shall be assessed. In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.
Any person who shall alter, re-use, transfer, or forge the decal required by RCW 46.44.170, or who shall display a decal knowing it to have been forged, re-used, transferred, or altered, shall be guilty of a gross misdemeanor.
Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction. The department or the local authority after such hearing may revise its previous action.
NEW SECTION. Sec. 6. A new section is added to chapter 82.03 RCW to read as follows:
In all appeals taken pursuant to RCW 84.08.130 the assessor or taxpayer shall submit evidence of comparable sales to be used in a hearing to the board and to all parties at least ten business days in advance of such hearing. Failure to comply with the requirements set forth in this section shall be grounds for the board, upon objection, to continue the hearing or refuse to consider evidence not timely submitted.
Sec. 7. RCW 84.08.130 and 1992 c 206 s 10 are each amended to read as follows:
(1) Any taxpayer or taxing unit feeling aggrieved by the action of any county board of equalization may appeal to the board of tax appeals by filing with the ((county auditor)) board of tax appeals a notice of appeal ((in duplicate)) within thirty days after the mailing of the decision of such board of equalization, which notice shall specify the actions complained of((, and said auditor shall forthwith transmit one of said notices to the board of tax appeals)); and in like manner any county assessor may appeal to the board of tax appeals from any action of any county board of equalization. There shall be no fee charged for the filing of an appeal. The petitioner shall ((provide)) serve a copy of the notice of appeal ((to)) on all named parties within the same thirty-day time period ((provided in the rules of practice and procedure of the board of tax appeals)). Appeals which are not filed and served as provided in this section shall be ((continued or)) dismissed. The board of tax appeals shall require the board appealed from to file a true and correct copy of its decision in such action and all evidence taken in connection therewith, and may receive further evidence, and shall make such order as in its judgment is just and proper. An appeal of an action by a county board of equalization shall be deemed to have been filed and served within the thirty-day period if it is postmarked on or before the thirtieth day after the mailing of the decision of the board of equalization.
(2) The board of tax appeals may enter an order, pursuant to subsection (1) of this section, that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the assessed value during that time.
Sec. 8. RCW 84.08.140 and 1975 1st ex.s. c 278 s 157 are each amended to read as follows:
Any taxpayer feeling aggrieved by the levy or levies of any taxing district except levies authorized by a vote of the people of the district may appeal therefrom to the department of revenue as hereinafter provided. Such taxpayer, upon the execution of a bond, with two or more sufficient sureties to be approved by the county auditor, payable to the state of Washington, in the penal sum of two hundred dollars and conditioned that if the petitioner shall fail in his appeal for a reduction of said levy or levies ((he)) the taxpayer will pay the taxable costs of the hearings hereinafter provided, not exceeding the amount of such bond, may file a written complaint with the county auditor wherein such taxing district is located not later than ten days after the making and entering of such levy or levies, setting forth in such form and detail as the department of revenue shall by general rule prescribe, ((his)) the taxpayer's objections to such levy or levies. Upon the filing of such complaint, the county auditor shall immediately transmit a certified copy thereof, together with a copy of the budget or estimates of such taxing district as finally adopted, including estimated revenues and such other information as the department of revenue shall by rule require, to the department of revenue. The department of revenue shall fix a date for a hearing on said complaint at the earliest convenient time after receipt of said record, which hearing shall be held in the county in which said taxing district is located, and notice of such hearing shall be given to the officials of such taxing district, charged with determining the amount of its levies, and to the taxpayer on said complaint by registered mail at least five days prior to the date of said hearing. At such hearings all interested parties may be heard and the department of revenue shall receive all competent evidence. After such hearing, the department of revenue shall either affirm or decrease the levy or levies complained of, in accordance with the evidence, and shall thereupon certify its action with respect thereto to the county auditor, who, in turn, shall certify it to the taxing district or districts affected, and the action of the department of revenue with respect to such levy or levies shall be final and conclusive.
Sec. 9. RCW 84.12.360 and 1987 c 153 s 3 are each amended to read as follows:
The actual cash value of the operating property assessed to a company, as fixed and determined by the ((state board)) department of ((equalization)) revenue, shall be apportioned by the department of revenue to the respective counties and to the taxing districts thereof wherein such property is located in the following manner:
(1) Property of steam, suburban, and interurban railroad companies, telegraph companies and pipe line companies--upon the basis of that proportion of the value of the total operating property within the state which the mileage of track, as classified by the department of revenue (in case of railroads), mileage of wire (in the case of telegraph companies), and mileage of pipe line (in the case of pipe line companies) within each county or taxing district bears to the total mileage thereof within the state, at the end of the calendar year last past. For the purpose of such apportionment the department may classify railroad track.
(2) Property of street railroad companies, telephone companies, electric light and power companies, gas companies, water companies, heating companies and toll bridge companies--upon the basis of relative value of the operating property within each county and taxing district to the value of the total operating property within the state to be determined by such factors as the department of revenue shall deem proper.
(3) Planes or other aircraft of airplane companies and watercraft of steamboat companies--upon the basis of such factor or factors of allocation, to be determined by the department of revenue, as will secure a substantially fair and equitable division between counties and other taxing districts.
All other property of airplane companies and steamboat companies--upon the basis set forth in ((subdivision)) subsection (2) ((hereof)) of this section.
The basis of apportionment with reference to all public utility companies above prescribed shall not be deemed exclusive and the department of revenue in apportioning values of such companies may also take into consideration such other information, facts, circumstances, or allocation factors as will enable it to make a substantially just and correct valuation of the operating property of such companies within the state and within each county thereof.
Sec. 10. RCW 84.12.370 and 1975 1st ex.s. c 278 s 171 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized assessed value of the operating property of each company in each of the respective counties and in the taxing districts thereof, as hereinabove provided, the department of revenue shall certify such equalized assessed value to the county assessor of the proper county. The county assessor shall enter the company's real operating property upon the real property tax rolls and the company's personal operating property upon the personal property tax rolls of ((his)) the county assessor's county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating property of the company in such county and the taxing districts therein for that year, upon which taxes shall be levied and collected in the same manner as on the general property of such county.
Sec. 11. RCW 84.16.090 and 1975 1st ex.s. c 278 s 181 are each amended to read as follows:
Upon the assessment roll shall be placed after the name of each company a general description of the operating property of the company, which shall be considered sufficient if described in the language of subdivision (3) of RCW 84.16.010 or otherwise, following which shall be entered the actual cash value of the operating property as determined by the department of revenue. No assessment shall be invalid by a mistake in the name of the company assessed, by omission of the name of the owner or by the entry of a name other than that of the true owner. When the department of revenue shall have prepared the assessment roll and entered thereon the actual cash value of the operating property of the company, as herein required, it shall notify the company by mail of the valuation determined by it and entered upon said roll; and thereupon such valuation shall become the actual cash value of the operating property of the company, subject to revision or correction by the ((state board)) department of ((equalization)) revenue as hereinafter provided; and shall be the valuation upon which, after equalization by the ((state board)) department of ((equalization)) revenue as hereinafter provided, the taxes of such company shall be based and computed.
Sec. 12. RCW 84.16.120 and 1961 c 15 s 84.16.120 are each amended to read as follows:
The actual cash value of the property of each company as fixed and determined by the ((state board)) department of ((equalization)) revenue as herein provided shall be apportioned to the respective counties in the following manner:
(1) If all the operating property of the company is situated entirely within a county and none of such property is located within, extends into, or through or is operated into or through any other county, the entire value thereof shall be apportioned to the county within which such property is situate, located and operated.
(2) If the operating property of any company is situated or located within, extends into or is operated into or through more than one county, the value thereof shall be apportioned to the respective counties into or through which its cars are operated in the proportion that the length of main line track of the respective railroads moving such cars in such counties bears to the total length of main line track of such respective railroads in this state.
(3) If the property of any company is of such character that it will not be reasonable, feasible or fair to apportion the value as hereinabove provided, the value thereof shall be apportioned between the respective counties into or through which such property extends or is operated or in which the same is located in such manner as may be reasonable, feasible and fair.
Sec. 13. RCW 84.16.130 and 1975 1st ex.s. c 278 s 183 are each amended to read as follows:
When the ((state board)) department of ((equalization)) revenue shall have determined the equalized or assessed value of the operating property of each company in the respective counties as hereinabove provided, the department of revenue shall certify such equalized or assessed value to the county assessor of the proper county; and the county assessor shall apportion and distribute such assessed or equalized valuation to and between the several taxing districts of ((his)) the county assessor's county entitled to a proportionate value thereof in the manner prescribed in RCW 84.16.120 for apportionment of values between counties. The county assessor shall enter such assessment upon the personal property tax rolls of ((his)) the county assessor's county, together with the values so apportioned, and the same shall be and constitute the assessed valuation of the operating company in such county for that year, upon which taxes shall be levied and collected the same as on general property of the county.
Sec. 14. RCW 84.33.130 and 1986 c 100 s 57 are each amended to read as follows:
(1) An owner of land desiring that it be designated as forest land and valued pursuant to RCW 84.33.120 as of January 1 of any year commencing with 1972 shall make application to the county assessor before such January 1.
(2) The application shall be made upon forms prepared by the department of revenue and supplied by the county assessor, and shall include the following:
(a) A legal description of or assessor's tax lot numbers for all land the applicant desires to be designated as forest land;
(b) The date or dates of acquisition of such land;
(c) A brief description of the timber on such land, or if the timber has been harvested, the owner's plan for restocking;
(d) Whether there is a forest management plan for such land;
(e) If so, the nature and extent of implementation of such plan;
(f) Whether such land is used for grazing;
(g) Whether such land has been subdivided or a plat filed with respect thereto;
(h) Whether such land and the applicant are in compliance with the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(i) Whether such land is subject to forest fire protection assessments pursuant to RCW 76.04.610;
(j) Whether such land is subject to a lease, option or other right which permits it to be used for any purpose other than growing and harvesting timber;
(k) A summary of the past experience and activity of the applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax liability involved when such land ceases to be designated as forest land;
(n) An affirmation that the statements contained in the application are true and that the land described in the application is, by itself or with other forest land not included in the application, in contiguous ownership of twenty or more acres which is primarily devoted to and used for growing and harvesting timber.
The assessor shall afford the applicant an opportunity to be heard if the application so requests.
(3) The assessor shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items:
(a) The land does not contain either a "merchantable stand of timber" or an "adequate stocking" as defined ((in RCW 76.08.010, or any laws or regulations adopted to replace such minimum standards)) by rule adopted by the forest practices board, except this reason (a) shall not alone be sufficient for denial of the application (i) if such land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or such longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas within such land do not meet such minimum standards due to rock outcroppings, swamps, unproductive soil or other natural conditions;
(b) The applicant, with respect to such land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control and forest debris provisions of Title 76 RCW or any applicable regulations thereunder;
(c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling such ordinary high tide line and two hundred feet horizontally landward therefrom, except that if the higher and better use determined by the assessor to exist for such land would not be permitted or economically feasible by virtue of any federal, state or local law or regulation such land shall be assessed and valued pursuant to the procedures set forth in RCW 84.33.110 and 84.33.120 without being designated. The application shall be deemed to have been approved unless, prior to May 1, of the year after such application was mailed or delivered to the assessor, he or she shall notify the applicant in writing of the extent to which the application is denied.
For the purposes of this subsection, "adequate stocking" means a stand of not less than three hundred thirty established live seedlings per acre of commercial species predominant on the area cut of which at least one hundred must be well distributed, or not less than three hundred surviving trees per acre that were established by artificial means.
For the purposes of this subsection, "merchantable stand of timber" means stand of timber consisting of not less than two thousand board feet per acre of currently merchantable live timber as measured by the Scribner Decimal C log rule, or three hundred cubic feet as measured by the Sorenson log rule, or four standard cords.
(4) An owner who receives notice pursuant to subsection (3) of this section that his or her application has been denied may appeal such denial to the county board of equalization.
Sec. 15. RCW 84.34.230 and 1973 1st ex.s. c 195 s 94 are each amended to read as follows:
For the purpose of acquiring conservation futures as well as other rights and interests in real property pursuant to RCW 84.34.210 and 84.34.220, a county may levy an amount not to exceed six and one-quarter cents per thousand dollars of assessed valuation against the assessed valuation of all taxable property within the county, which levy shall be in addition to that authorized by RCW ((84.52.050 and)) 84.52.043.
Sec. 16. RCW 84.36.381 and 1992 c 187 s 1 are each amended to read as follows:
A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of January 1st of the year for which the exemption is claimed: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied ((or if));
(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the preceding year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the preceding year by reason of the death of the person's spouse, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after the death of the spouse by twelve.
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-six thousand dollars or less shall be exempt from all excess property taxes; and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.
NEW SECTION. Sec. 17. Section 16 of this act is effective for taxes levied for collection in 1993 and thereafter.
Sec. 18. RCW 84.38.040 and 1984 c 220 s 22 are each amended to read as follows:
(1) Each claimant electing to defer payment of special assessments and/or real property tax obligations under this chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a written declaration thereof. The declaration to defer special assessments and/or real property taxes for any year shall be filed no later than thirty days before the tax or assessment is due or thirty days after receiving notice under RCW ((84.64.030 or)) 84.64.050, whichever is later: PROVIDED, That for good cause shown, the department may waive this requirement.
(2) The declaration shall designate the property to which the deferral applies, and shall include a statement setting forth (a) a list of all members of the claimant's household, (b) the claimant's equity value in his residence, (c) facts establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information required by the rules of the department. Each copy shall be signed by the claimant subject to the penalties as provided in chapter ((9.72)) 9A.72 RCW for ((the)) false swearing. The first declaration to defer filed in a county shall include proof of the claimant's age acceptable to the assessor.
(3) The county assessor shall determine if each claimant shall be granted a deferral for each year but the claimant shall have the right to appeal this determination to the county board of equalization whose decision shall be final as to the deferral of that year.
Sec. 19. RCW 84.40.0301 and 1971 ex.s. c 288 s 2 are each amended to read as follows:
(((1))) Upon review by any court, or appellate body, of a determination of the valuation of property for purposes of taxation, it shall be presumed that the determination of the public official charged with the duty of establishing such value is correct but this presumption shall not be a defense against any correction indicated by clear, cogent and convincing evidence.
(((2) In any administrative or judicial proceeding pending upon May 21, 1971 or arising from the property revaluation under the provisions of section 4, chapter 282, Laws of 1969 ex. sess., and section 1, chapter 95, Laws of 1970 ex. sess., the provisions of this section will apply. This paragraph shall not be construed so as to limit in any way the provisions of subsection (1) of this section.))
Sec. 20. RCW 84.40.045 and 1977 ex.s. c 181 s 1 are each amended to read as follows:
The assessor shall give notice of any change in the true and fair value of real property for the tract or lot of land and any improvements thereon no later than thirty days after appraisal: PROVIDED, That no such notice shall be mailed during the period from January 15 to February 15 of each year: PROVIDED FURTHER, That no notice need be sent with respect to changes in valuation of forest land made pursuant to chapter 84.33 RCW.
The notice shall contain a statement of both the prior and the new true and fair value and the ratio of the assessed value to the true and fair value on which the assessment of the property is based, stating separately land and improvement values, and a brief statement of the procedure for appeal to the board of equalization and the time, date, and place of the meetings of the board.
The notice shall be mailed by the assessor to the taxpayer.
If any taxpayer, as shown by the tax rolls, holds solely a security interest in the real property which is the subject of the notice, pursuant to a mortgage, contract of sale, or deed of trust, such taxpayer shall, upon written request of the assessor, supply, within thirty days of receipt of such request, to the assessor the name and address of the person making payments pursuant to the mortgage, contract of sale, or deed of trust, and thereafter such person shall also receive a copy of the notice provided for in this section. Willful failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to a maximum civil penalty of five ((dollars for each parcel of real property within the scope of the request in which it holds the security interest, the aggregate of such penalties in any one year not to exceed five)) thousand dollars. The penalties provided for herein shall be recoverable in an action by the county prosecutor, and when recovered shall be deposited in the county current expense fund. The assessor shall make the request provided for by this section during the month of January.
Sec. 21. RCW 84.40.080 and 1973 2nd ex.s. c 8 s 1 are each amended to read as follows:
((The)) An assessor((, upon his own motion, or upon the application of any taxpayer,)) shall enter ((in the detail and assessment list of the current)) on the assessment roll in any year any property shown to have been omitted from the assessment ((list)) roll of any preceding year, at the ((valuation of that)) value for the preceding year, or if not then valued, at such ((valuation)) value as the assessor shall determine ((from)) for the preceding year, and such ((valuation)) value shall be stated ((in a separate line)) separately from the ((valuation)) value of ((the current)) any other year. ((Where improvements have not been valued and assessed as a part of the real estate upon which the same may be located, as evidenced by the assessment rolls, they may be separately valued and assessed as omitted property under this section)) When any improvement has not been placed on an assessment roll as a part of the real estate upon which it is located, the improvement may, subject to RCW 84.40.085, be subsequently placed upon the assessment roll regardless of whether any other improvement on the real estate is listed on the assessment roll. For purposes of this section it is immaterial whether an assessment roll lists each improvement separately: PROVIDED, That no such assessment shall be made in any case where a bona fide purchaser((, encumbrancer,)) or contract buyer has acquired any interest in said property prior to the time such improvements are assessed. When such an omitted assessment is made, the taxes levied thereon may be paid within one year of the due date of the taxes for the year in which the assessment is made without penalty or interest: AND PROVIDED FURTHER, That in the assessment of personal property, the assessor shall assess the omitted value not reported by the taxpayer as evidenced by an inspection of either the property or the books and records of said taxpayer by the assessor.
Sec. 22. RCW 84.40.090 and 1961 c 15 s 84.40.090 are each amended to read as follows:
It shall be the duty of assessors, when assessing real or personal property, to designate the name or number of each taxing and road district in which each person and each description of property assessed is liable for taxes((, which designation shall be made by writing the name or number of the districts opposite each assessment in the column provided for that purpose in the detail and assessment list)). When the real and personal property of any person is assessable in several taxing districts and/or road districts, the amount in each shall be assessed ((on separate detail and assessment lists, and all property assessable in incorporated cities or towns shall be assessed in consecutive books, where more than one book is necessary, separate from outside property and separately, and the name of the owner, if known, together with his post office address, placed opposite each amount)) separately.
Sec. 23. RCW 84.40.170 and 1961 c 15 s 84.40.170 are each amended to read as follows:
(1) In all cases of irregular subdivided tracts or lots of land other than any regular government subdivision the county assessor shall outline a plat of such tracts or lots and notify the owner or owners thereof with a request to have the same surveyed by the county engineer, and cause the same to be platted into numbered (or lettered) lots or tracts: PROVIDED, HOWEVER, That where any county has in its possession the correct field notes of any such tract or lot of land a new survey shall not be necessary, but such tracts may be mapped from such field notes. In case the owner of such tracts or lots neglects or refuses to have the same surveyed or platted, the county assessor shall notify the ((board of)) county ((commissioners)) legislative authority in and for the county, who may order and direct the county engineer to make the proper survey and plat of the tracts and lots. A plat shall be made on which said tracts or lots of land shall be accurately described by lines, and numbered (or lettered), which numbers (or letters) together with number of the section, township and range shall be distinctly marked on such plat, and the field notes of all such tracts or lots of land shall describe each tract or lot according to the survey, and such tract or lot shall be numbered (or lettered) to correspond with its number (or letter) on the map. The plat shall be given a designated name by the surveyor thereof. When the survey, plat, field notes and name of plat, shall have been approved by the ((board of)) county ((commissioners)) legislative authority, the plat and field notes shall be filed and recorded in the office of the county auditor, and the description of any tract or lot of land described in said plats by number (or letter), section, township and range, shall be a sufficient and legal description for revenue and all other purposes.
(2) Upon the request of eighty percent of the owners of the property to be surveyed and the approval of the county legislative authority, the county assessor may charge for actual costs and file a lien against the subject property if the costs are not repaid within ninety days of notice of completion, which may be collected as if such charges had been levied as a property tax.
Sec. 24. RCW 84.41.070 and 1975 1st ex.s. c 278 s 198 are each amended to read as follows:
If the department of revenue finds upon its own investigation, or upon a showing by others, that the revaluation program for any county is not proceeding for any reason as herein directed, ((or is not proceeding for any reason with sufficient rapidity to be completed before June 1, 1958,)) the department of revenue shall advise both the ((board of)) county ((commissioners)) legislative authority and the county assessor of such finding. Within thirty days after receiving such advice, the ((board of)) county ((commissioners)) legislative authority, at regular or special session, either (1) shall authorize such expenditures as will enable the assessor to complete the revaluation program as herein directed, or (2) shall direct the assessor to request special assistance from the department of revenue for aid in effectuating the county's revaluation program.
Sec. 25. RCW 84.44.010 and 1961 c 15 s 84.44.010 are each amended to read as follows:
Personal property, except such as is required in this title to be listed and assessed otherwise, shall be listed and assessed in the county where it is situated. ((The personal property pertaining to the business of a merchant or of a manufacturer shall be listed in the town or place where his business is carried on.))
Sec. 26. RCW 84.48.010 and 1988 c 222 s 20 are each amended to read as follows:
Prior to July 15th, the county legislative authority shall form a board for the equalization of the assessment of the property of the county. The members of said board shall receive a per diem amount as set by the county legislative authority for each day of actual attendance of the meeting of the board of equalization to be paid out of the current expense fund of the county: PROVIDED, That when the county legislative authority constitute the board they shall only receive their compensation as members of the county legislative authority. The board of equalization shall meet in open session for this purpose annually on the 15th day of July and, having each taken an oath fairly and impartially to perform their duties as members of such board, they shall examine and compare the returns of the assessment of the property ((of the county)) presented in an individual appeal and proceed to equalize the same, or may equalize other properties the value of which was not appealed with the approval of the county assessor so that each tract or lot of real property and each article or class of personal property shall be entered on the assessment list at its true and fair value, according to the measure of value used by the county assessor in such assessment year, which is presumed to be correct pursuant to RCW 84.40.0301, and subject to the following rules:
First. They shall raise the valuation of each tract or lot or item of real property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, after at least five days' notice shall have been given in writing to the owner or agent.
Second. They shall reduce the valuation of each tract or lot or item which is returned above its true and fair value to such price or sum as to be the true and fair value thereof.
Third. They shall raise the valuation of each class of personal property which is returned below its true and fair value to such price or sum as to be the true and fair value thereof, and they shall raise the aggregate value of the personal property of each individual whenever the aggregate value is less than the true valuation of the taxable personal property possessed by such individual, to such sum or amount as to be the true value thereof, after at least five days' notice shall have been given in writing to the owner or agent thereof.
Fourth. They shall reduce the valuation of each class of personal property enumerated on the detail and assessment list of the current year, which is returned above its true and fair value, to such price or sum as to be the true and fair value thereof; and they shall reduce the aggregate valuation of the personal property of such individual who has been assessed at too large a sum to such sum or amount as was the true and fair value of the personal property.
Fifth. The board may review all claims for either real or personal property tax exemption as determined by the county assessor, and shall consider any taxpayer appeals from the decision of the assessor thereon to determine (1) if the taxpayer is entitled to an exemption, and (2) if so, the amount thereof.
The clerk of the board shall keep an accurate journal or record of the proceedings and orders of said board showing the facts and evidence upon which their action is based, and the said record shall be published the same as other proceedings of county legislative authority, and shall make a true record of the changes of the descriptions and assessed values ordered by the county board of equalization. The assessor shall correct the real and personal assessment rolls in accordance with the changes made by the said county board of equalization, and the assessor shall make duplicate abstracts of such corrected values, one copy of which shall be retained in the office, and one copy forwarded to the department of revenue on or before the eighteenth day of August next following the meeting of the county board of equalization.
The county board of equalization shall meet on the 15th day of July and may continue in session and adjourn from time to time during a period not to exceed four weeks, but shall remain in session not less than three days: PROVIDED, That the county board of equalization with the approval of the county legislative authority may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater.
No taxes, except special taxes, shall be extended upon the tax rolls until the property valuations are equalized by the department of revenue for the purpose of raising the state revenue.
County legislative authorities as such shall at no time have any authority to change the valuation of the property of any person or to release or commute in whole or in part the taxes due on the property of any person.
Sec. 27. RCW 84.48.050 and 1961 c 15 s 84.48.050 are each amended to read as follows:
The county assessor shall, on or before the fifteenth day of January in each year, make out and transmit to the state auditor, in such form as may be prescribed, a complete abstract of the tax rolls of the county, showing the number of acres of land assessed, the value of such land, including the structures thereon; the value of town and city lots, including structures; the total value of all taxable personal property in the county; the aggregate amount of all taxable property in the county; the total amount as equalized and the total amount of taxes levied in the county for state, county, city and other taxing district purposes, for that year. Should the assessor of any county fail to transmit to the ((state board)) department of ((equalization)) revenue the abstract provided for in RCW 84.48.010 by the ((time the state board of equalization convenes)) eighteenth of August, and if, by reason of such failure to transmit such abstract, any county shall fail to collect and pay to the state its due proportion of the state tax for any year, the ((state board)) department of ((equalization)) revenue shall, at its next annual session, ascertain what amount of state tax said county has failed to collect, and certify the same to the state auditor, who shall charge the amount to the proper county and notify the auditor of said county of the amount of said charge; said sum shall be due and payable immediately by warrant in favor of the state on the current expense fund of said county.
Sec. 28. RCW 84.48.080 and 1990 c 283 s 1 are each amended to read as follows:
Annually during the months of September and October, the department of revenue shall examine and compare the returns of the assessment of the property in the several counties of the state, and the assessment of the property of railroad and other companies assessed by the department, and proceed to equalize the same, so that each county in the state shall pay its due and just proportion of the taxes for state purposes for such assessment year, according to the ratio the valuation of the property in each county bears to the total valuation of all property in the state.
First. The department shall classify all property, real and personal, and shall raise and lower the valuation of any class of property in any county to a value that shall be equal, so far as possible, to the true and fair value of such class as of January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state purposes. In equalizing personal property as of January 1st of the current year, the department shall use the assessment level of the preceding year. Such classification may be on the basis of types of property, geographical areas, or both. For purposes of this section, for each county that has not provided the department with an assessment return by December 1st, the department shall proceed, using facts and information and in a manner it deems appropriate, to estimate the value of each class of property in the county.
Second. The department shall keep a full record of its proceedings and the same shall be published annually by the department.
The department shall levy the state taxes authorized by law: PROVIDED, That the amount levied in any one year for general state purposes shall not exceed the lawful dollar rate on the dollar of the assessed value of the property of the entire state, which assessed value shall be one hundred percent of the true and fair value of such property in money. The department shall apportion the amount of tax for state purposes levied by the department, among the several counties, in proportion to the valuation of the taxable property of the county for the year as equalized by the department: PROVIDED, That for purposes of this apportionment, the department shall recompute the previous year's levy and the apportionment thereof to correct for changes and errors in taxable values reported to the department after October 1 of the preceding year and shall adjust the apportioned amount of the current year's state levy for each county by the difference between the apportioned amounts established by the original and revised levy computations for the previous year. For purposes of this section, changes in taxable values mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction and shall include additions of omitted property, other additions or deletions from the assessment or tax rolls, any assessment return provided by a county to the department subsequent to December 1st, or a change in the indicated ratio of a county. Errors in taxable values mean errors corrected by a final reviewing body.
The department shall have authority to adopt rules and regulations to enforce obedience to its orders in all matters in relation to the returns of county assessments, the equalization of values, and the apportionment of the state levy by the department.
After the completion of the duties hereinabove prescribed, the director of the department shall certify the record of the proceedings of the department under this section, the tax levies made for state purposes and the apportionment thereof among the counties, and the certification shall be available for public inspection.
Sec. 29. RCW 84.48.110 and 1987 c 168 s 1 are each amended to read as follows:
Within three days after the record of the proceedings of the ((state board)) department of ((equalization)) revenue is certified by the director of the department, the department shall transmit to each county assessor a copy of the record of the proceedings of the ((board)) department, specifying the amount to be levied and collected ((on said assessment books)) for state purposes for such year, and in addition thereto it shall certify to each county assessor the amount due to each state fund and unpaid from such county for the fifth preceding year, and such delinquent state taxes shall be added to the amount levied for the current year. The department shall close the account of each county for the fifth preceding year and charge the amount of such delinquency to the tax levy of the current year. These delinquent taxes shall not be subject to chapter 84.55 RCW. All taxes collected on and after the first day of July last preceding such certificate, on account of delinquent state taxes for the fifth preceding year shall belong to the county and by the county treasurer be credited to the current expense fund of the county in which collected.
Sec. 30. RCW 84.48.120 and 1987 c 168 s 2 are each amended to read as follows:
It shall be the duty of the county assessor of each county, when he shall have received from the state department of revenue the assessed valuation of the property of railroad and other companies assessed by the department of revenue and apportioned to the county, and placed the same on the tax rolls, and received the report of the department of revenue of the amount of taxes levied for state purposes, to compute the required percent on the assessed value of property in the county, and such state taxes shall be extended on the tax rolls in the proper column: PROVIDED, That the rates so computed shall not be such as to raise a surplus of more than five percent over the total amount required by the ((state board)) department of ((equalization)) revenue: PROVIDED FURTHER, That any surplus raised shall be remitted to the state in accordance with RCW 84.56.280.
Sec. 31. RCW 84.48.150 and 1973 1st ex.s. c 30 s 1 are each amended to read as follows:
The assessor shall, upon the request of any taxpayer who petitions the board of equalization for review of a tax claim or valuation dispute, make available to said taxpayer a compilation of comparable sales utilized by the assessor in establishing such taxpayer's property valuation. If valuation criteria other than comparable sales were used, the assessor shall furnish the taxpayer with such other factors and the addresses of such other property used in making the determination of value.
The assessor shall within ((thirty)) sixty days of such request but at least ((ten)) fifteen business days prior to such taxpayer's appearance before the board of equalization make available to the taxpayer the valuation criteria and/or comparable((s)) sales which shall not be subsequently changed ((or modified)) by the assessor ((during review or appeal proceedings)) unless the assessor has found new evidence supporting the assessor's valuation, in which situation the assessor shall provide such additional evidence to the taxpayer and the board of equalization at least ((ten)) fifteen business days prior to the hearing ((on appeal or review proceedings)) at the board of equalization. A taxpayer who lists comparable sales on ((his)) a notice of appeal ((shall not thereafter use other comparables during the review of appeal proceedings: PROVIDED, That the taxpayer may change the comparable sales he is using in proceedings subsequent to the county board of equalization only if he provides a listing of such different comparables to the assessor at least five business days prior to such subsequent proceedings: PROVIDED FURTHER, That the board of equalization may waive the requirements contained in the preceding proviso or allow the assessor a continuance of reasonable duration to check the comparables furnished by the taxpayer)) shall not subsequently change such sales unless the taxpayer has found new evidence supporting the taxpayer's proposed valuation in which case the taxpayer shall provide such additional evidence to the assessor and board of equalization at least ten business days prior to the hearing. If either the assessor or taxpayer do not meet the requirements of this section the board of equalization may continue the hearing to provide the parties an opportunity to review all evidence or, upon objection, refuse to consider sales not submitted in a timely manner.
NEW SECTION. Sec. 32. A new section is added to chapter 84.48 RCW to read as follows:
The board of equalization may enter an order that has effect up to the end of the assessment cycle used by the assessor, if there has been no intervening change in the assessed value during that time.
Sec. 33. RCW 84.52.043 and 1990 c 234 s 1 are each amended to read as follows:
Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty-five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty-seven and one-half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty-seven and one-half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy.
(2) ((Except as provided in RCW 84.52.100,)) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; and (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069.
NEW SECTION. Sec. 34. A new section is added to chapter 84.52 RCW to read as follows:
(1) Annually, at the time required by law for the levying of taxes for county purposes, the proper county officers required by law to make and enter such tax levies shall make and enter a tax levy or levies as follows:
(a) A levy upon all of the taxable property within the county for the amount of all taxes levied by the county for county or state purposes that were:
(i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or
(ii) Not collected because of changes made after final certification of the assessment roll.
(b) A levy upon all of the taxable property of each taxing district within the county for the amount of all taxes levied by the county for the purposes of such taxing district that were:
(i) Canceled as uncollectible pursuant to RCW 84.56.240 within the preceding twelve months; or
(ii) Not collected because of changes made after final certification of the assessment roll.
(2) For purposes of this section, "changes" means increases or decreases in assessed value of property resulting from an error or final adjustments made by a county board of equalization, the state board of tax appeals, or a court of competent jurisdiction, including changes reflecting settlements of proceedings in such board or court. "Changes" does not include changes in assessed value of property resulting from actions brought to recover taxes under RCW 84.68.020.
Sec. 35. RCW 84.55.005 and 1983 1st ex.s. c 62 s 11 are each amended to read as follows:
As used in this chapter, the term "regular property taxes" has the meaning given it in RCW 84.04.140, and also includes amounts received in lieu of regular property taxes ((under RCW 84.09.080)).
Sec. 36. RCW 84.55.070 and 1982 1st ex.s. c 28 s 2 are each amended to read as follows:
The provisions of this chapter shall not apply to a levy, including the state levy, or that portion of a levy, made by or for a taxing district for the purpose stated in section 34 of this act, or made by or for a taxing district for the purpose of funding a property tax refund paid or to be paid pursuant to the provisions of chapter 84.68 RCW or attributable to a property tax refund paid or to be paid pursuant to the provisions of chapter 84.69 RCW, attributable to amounts of state taxes withheld under RCW 84.56.290 or the provisions of chapter 84.69 RCW, or otherwise attributable to state taxes lawfully owing by reason of adjustments made under RCW 84.48.080.
Sec. 37. RCW 84.56.340 and 1985 c 395 s 4 are each amended to read as follows:
Any person desiring to pay taxes upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, may do so by applying to the county assessor, who must carefully investigate and ascertain the relative or proportionate value said part bears to the whole tract assessed, on which basis the assessment must be divided, and the assessor shall forthwith certify such proportionate value to the county treasurer: PROVIDED, That excepting when property is being acquired for public use, or where a person or financial institution desires to pay the taxes and any penalties and interest on a mobile home upon which they have a lien by mortgage or otherwise, no segregation of property for tax purposes shall be made unless all delinquent taxes and assessments on the entire tract have been paid in full((: AND PROVIDED FURTHER, That where the assessed valuation of the tract to be divided exceeds two thousand dollars a notice by registered mail must be given by the assessor to the several owners interested in said tract, if known, and if no protest against said division be filed with the county assessor within twenty days from date of notice,)). The county assessor shall duly certify the proportionate value to the county treasurer. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the apportionment certified by the county assessor. In cases where protest is filed to said division appeal shall be made to the county commissioners at their next regular session for final division, and the county treasurer shall accept and receipt for said taxes as determined and ordered by county commissioners. Any person desiring to pay on an undivided interest in any real property may do so by paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest paid on bears to the whole.
Sec. 38. RCW 84.60.050 and 1971 ex.s. c 260 s 2 are each amended to read as follows:
(1) When real property is acquired by purchase or condemnation by the state of Washington, any county or municipal corporation or is placed under a recorded agreement for immediate possession and use or an order of immediate possession and use pursuant to RCW 8.04.090, such property shall continue to be subject to the tax lien for the years prior to the year in which the property is so acquired or placed under such agreement or order, of any tax levied by the state, county, municipal corporation or other tax levying public body, except as is otherwise provided in RCW 84.60.070.
(2) The lien for taxes applicable to the real property being acquired or placed under immediate possession and use for the year in which such real property is so acquired or placed under immediate possession and use shall be for only the pro rata portion of taxes allocable to that portion of the year prior to the date of execution of the instrument vesting title, date of recording such agreement of immediate possession and use, date of such order of immediate possession and use, or date of judgment. No taxes levied or tax lien on such property allocable to a period subsequent to the dates identified in this subsection shall be valid and any such taxes levied shall be canceled as provided in RCW ((84.56.400)) 84.48.065. In the event the owner has paid taxes allocable to that portion of the year subsequent to the dates identified in this subsection he or she shall be entitled to a pro rata refund of the amount paid on the property so acquired or placed under a recorded agreement or an order of immediate possession and use. If the dates identified in this subsection precede February 15th of the year in which such taxes become payable, no lien for such taxes shall be valid and any such taxes levied but not payable shall be canceled as provided in RCW ((84.56.400)) 84.48.065.
Sec. 39. RCW 84.69.020 and 1991 c 245 s 31 are each amended to read as follows:
On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:
(1) Paid more than once; or
(2) Paid as a result of manifest error in description; or
(3) Paid as a result of a clerical error in extending the tax rolls; or
(4) Paid as a result of other clerical errors in listing property; or
(5) Paid with respect to improvements which did not exist on assessment date; or
(6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or
(7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; or
(8) Paid ((or overpaid)) as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person ((paying the same or paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person paying the same)) with respect to real property in which the person paying the same has no legal interest; or
(9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; or
(10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order; or
(11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the one percent limitation of Article VII, section 2 (Amendment 59) of the state Constitution equal one percent of the assessed value established by the board;
(12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; or
(13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2).
No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights ((that would preclude the assessment and collection of the refunded tax from)) in the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid.
The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in January of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund.
Sec. 40. RCW 84.70.010 and 1987 c 319 s 6 are each amended to read as follows:
(1) If, on or before December 31 in any calendar year, any real or personal property placed upon the assessment roll of that year is destroyed in whole or in part, or is in an area that has been declared a disaster area by the governor and has been reduced in value by more than twenty percent as a result of a natural disaster, the true cash value of such property shall be reduced for that year by an amount determined as follows:
(a) First take the true cash value of such taxable property before destruction or reduction in value and deduct therefrom the true cash value of the remaining property after destruction or reduction in value.
(b) Then divide any amount remaining by the number of days in the year and multiply the quotient by the number of days remaining in the calendar year after the date of the destruction or reduction in value of the property.
(2) No reduction in the true cash value shall be made more than three years after the date of destruction or reduction in value.
(3) The assessor shall make such reduction on his or her own motion; however, the taxpayer may make application for reduction on forms prepared by the department and provided by the assessor. The assessor shall notify the taxpayer of the amount of reduction.
(4) If destroyed property is replaced prior to the valuation dates contained in RCW 36.21.080 and 36.21.090, the total taxable value for that year shall not exceed the value as of the appropriate valuation date in RCW 36.21.080 or 36.21.090, whichever is appropriate.
(5) The taxpayer may appeal the amount of reduction to the county board of equalization within thirty days of notification or July ((15th)) 1st of the year of reduction, whichever is later. The board shall reconvene, if necessary, to hear the appeal.
NEW SECTION. Sec. 41. The following acts or parts of acts are each repealed:
(1) RCW 35.49.120 and 1965 c 7 s 35.49.120;
(2) RCW 36.21.020 and 1963 c 4 s 36.21.020;
(3) RCW 36.21.030 and 1963 c 4 s 36.21.030; and
(4) RCW 84.56.023 and 1989 c 378 s 38.
NEW SECTION. Sec. 42. Sections 16 and 17 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."
On motion of Senator Loveland, the following amendment by Senators Loveland and Anderson to the striking amendment was adopted:
On page 12, strike all of lines 13 through 23
MOTION
Senator Nelson moved that the following amendment to the striking amendment be adopted:
On page 19, line 34, after "appealed" strike all material through and including "assessor" on page 19, line 35
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 Nelson on page 19, line 34, to the striking amendment by Senators Loveland and Winsley to Substitute Senate Bill No. 5372.
ROLL CALL
The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, 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 - 27.
Excused: Senator Drew - 1.
MOTION
Senator Snyder moved that the following amendment by Senators Snyder, McCaslin, Hochstatter, Nelson, Owen, Amondson and Hargrove to the striking amendment by Senators Loveland and Winsley be adopted:
On page 32, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 41. (1)(a) Whenever implementation by the state or any of its political subdivisions of a scheme directly or indirectly regulating the use of land operates to reduce the assessed value of a parcel of real property immediately prior to such implementation, the parcel is deemed to be taken for public use.
(b) The following definitions apply throughout this chapter:
(i) "Compensation" means cash or in-kind payment, if the affected property owner agrees to in-kind payment and then agrees to the in-kind payment actually offered, including but not limited to clustering; transfer of development rights; staging of concurrency; land trades; environmental mitigation credits for prior activity of owners; density bonuses; or adjustments to restrictions on lot size, number of units, or building dimensions.
(ii) "Parcel" means one or more contiguous tax lots of an owner.
(iii) "Owner" includes one or more natural or legal persons who own the parcel, whether as sole owner, marital community, cotenants, or tenants in partnership or as a corporation.
(iv) "Scheme regulating the use of land" means one regulation or government action affecting the use of land; or more than one such regulation or action, though occurring at different times or by different governmental entities, with the same or similar policy objectives, such as development moratoria, zoning, health regulations, safety regulations, aesthetic regulations, fish and wildlife regulations, sensitive-area regulations, and environmental regulations, whether such regulation or action is interim or permanent. A scheme regulating the use of land does not include any regulation or government action of the federal government or regulation or government action of the state or any local governmental entity taken to comply with the minimum requirements of federal law or regulation.
(2)(a) When a parcel of real property has been taken for public use as provided in this chapter, the governmental unit or units that implement the scheme regulating the use of land shall be liable to the owner for compensation under this chapter, and the owner shall have an action at law to recover such compensation. When more than one governmental unit is involved, the court shall determine the proportion each unit is required to contribute to the compensation.
(b) The compensation shall be for the full amount of the decrease in assessed value. In addition, an owner who prevails either through settlement or verdict in an action for the recovery of such compensation shall be entitled to reasonable costs, expenses of litigation, and sums for attorneys' fees.
(3) Governmental units subject to this chapter shall not make waiver of the provisions of this chapter a condition for approval of the use of real property or the issuance of any permit or other entitlement. Plaintiffs may accept an approval of use, permit, or other entitlement granted by the governmental unit without compromising their rights under this chapter if:
(a) A written reservation of their rights is made at the time of acceptance of the authorization, permit, or other entitlement; or
(b) An oral statement reserving their rights is made before the governmental unit granting the authorization, permit, or other entitlement at a public meeting at which the governmental unit renders its decision.
NEW SECTION. Sec. 42. Compensation is required by this chapter unless the scheme regulating the use of land is an exercise of the police power solely to prevent or abate a public nuisance as defined at common law or an application of the public trust doctrine as it relates to navigable water only.
NEW SECTION. Sec. 43. (1) The statute of limitations for actions brought under this chapter is the statute of limitations for actions for recovery of real property. The statute of limitations begins to run upon the enactment of the scheme regulating the use of land; or the final administrative decision implementing the scheme regulating the use of land affecting plaintiffs' property or by a showing by the plaintiff that application for administrative decision is futile.
(2) A scheme regulating the use of land is implemented with respect to an owner's or user's property when actually applied to that property unless the enactment of the scheme by itself operates to reduce the fair market value of real property for the uses permitted at the time the owner acquired title, without further governmental action and the scheme contains no provision allowing for just relief from the scheme's operation.
(3) This chapter applies to schemes regulating the use of land, all or some part of which is implemented after the effective date of this section. No part of a scheme shall be considered for purposes of this chapter if the part was implemented more that ten years before the effective date of this section.
NEW SECTION. Sec. 44. If a natural event or condition threatens to deprive an owner of land of the land's use or to cause serious damage to the land, and immediate corrective action is required to prevent this deprivation or damage, but this action will violate a state or local law or regulation unless official waiver or permission is obtained, the owner may either:
(1) Apply to the governmental unit charged with enforcing such regulation to take, or to permit the owner to take, the required corrective action. If the governmental unit wrongfully denies waiver or permission or fails to take reasonably timely action upon the application, so that such deprivation or damage occurs, the governmental unit shall be liable to the owner for the diminution in value of the land which occurs unless the natural event or condition was the fault of the owner; or
(2) Without notifying the governmental unit under subsection (1) of this section, take such corrective action as is reasonably necessary to prevent the threatened deprivation or damage. However, the owner shall notify the governmental unit that he or she has undertaken the corrective action within five days after commencing such action and shall give a general description of the action undertaken. Thereafter, in a legal action brought by the governmental unit, the owner shall be liable for violation of the regulation if a court determines that there was a violation and that an owner would not have qualified for any available waiver or exemption.
NEW SECTION. Sec. 45. (1) If a governmental unit is found by a court of competent jurisdiction to have committed a regulatory taking under section 41 of this act, such unit shall be liable for compensation, measured by the owner's diminution in assessed value caused by such taking from the time the scheme that regulated the use of the owner's land became effective until the unit may grant an exemption or choose to repeal such scheme. However, if the governmental unit does not grant an exemption or choose to repeal the regulatory scheme within a reasonable period of time, to be fixed by the court, then the unit shall be liable for compensation for a permanent taking, measured by the diminution of fair market sale value caused by the taking, valued as of the date of trial. This section shall not affect any further remedy that is constitutionally required.
(2) Any permit, authorization, or other entitlement granted under a scheme repealed under subsection (1) of this section shall continue to be valid.
NEW SECTION. Sec. 46. This chapter does not preclude any action at law or equity that an owner would have had if this chapter had not been enacted.
NEW SECTION. Sec. 47. If the state or any of its political subdivisions imposes, changes, or implements any scheme regulating the use of land in such a way as to reduce the previous assessed value of a taxpayer's property, the county assessor shall, on or before the ensuing April 1, adjust the property's assessed value downward by an amount equal to the difference between the assessed value of the property under the new scheme, and the previous assessed value.
NEW SECTION. Sec. 48. Whenever any compensation is paid to a property owner by the state or by any local governmental entity pursuant to a judgment or agreement to compensate for a regulatory taking under this chapter, the payor shall cause to be recorded with the county auditor for the county in which the real property is located a notice of compensation for regulatory taking. This notice shall contain a legal description of the affected parcel of real estate, a statement of the reason for compensation, the name of the payor, the name of the owner, and the amount paid.
NEW SECTION. Sec. 49. If a county, city, or health district is found by a court to have committed a regulatory taking under section 41 of this act, the court shall require that the compensation owed be paid by the state if the scheme regulating the use of land was adopted or implemented by the county or city in order to effectuate a policy or requirement of state or federal law.
NEW SECTION. Sec. 50. This chapter shall be known and may be cited as the private property protection act.
NEW SECTION. Sec. 51. A new section is added to chapter 35.21 RCW to read as follows:
Any city or town subject to the provisions of this title is also subject to sections 41 through 50 of this act.
NEW SECTION. Sec. 52. A new section is added to chapter 35A.21 RCW to read as follows:
Any code city subject to the provisions of this title is also subject to sections 41 through 50 of this act.
NEW SECTION. Sec. 53. A new section is added to chapter 36.01 RCW to read as follows:
Any county subject to the provisions of this title is also subject to sections 41 through 50 of this act.
NEW SECTION. Sec. 54. Sections 41 through 50 of this act shall constitute a new chapter in Title 8 RCW.
NEW SECTION. Sec. 55. If any provision of sections 41 through 50 of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Renumber the following sections consecutively and correct internal references accordingly.
POINT OF ORDER
Senator Haugen: "Thank you, Mr. President, I would ask for a ruling of scope and object on this amendment, also. I would beg to disagree with our fellow Senator."
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Substitute Senate Bill No. 5372 is a measure which makes several changes in the laws governing the assessment and collection of various state and local taxes.
"The amendment by Senators Snyder, McCaslin, Hochstatter, Nelson, Owen, Amondson and Hargrove to the striking amendment would define circumstances under which a taking of property for public use has occurred and provide procedures for obtaining compensation.
"The President, therefore, finds that the proposed amendment to the striking amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Snyder, McCaslin, Hochstatter, Nelson, Owen, Amondson and Hargrove on page 32, after line 2, to the striking amendment to Substitute Senate Bill No. 5372 was ruled out of order.
MOTION
Senator Snyder moved that the following amendment by Senators Snyder, McCaslin, Owen, Nelson, Amondson and Hargrove to the striking amendment by Senators Loveland and Winsley be adopted:
On page 32, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 41. A new section is added to Title 84 RCW to read as follows:
Whenever any regulation or implementation of a regulation by the state or any of its political subdivisions directly or indirectly operates to reduce the assessed value of a parcel of real property immediately prior to such regulation or implementation, the parcel is deemed to be taken for public use."
Renumber the remaining sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Haugen: "I would ask that you rule on the scope and object on this for all the arguments that have been made. It is time to get on with this legislation."
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Haugen, the President finds that Substitute Senate Bill No. 5372 is a measure which makes several changes in the laws governing the assessment and collection of various state and local taxes.
"The amendment by Senators Snyder, McCaslin, Owen, Nelson, Amondson and Hargrove to the striking amendment would define one of the circumstances which creates a taking of property for public use.
"The President, therefore, finds that the proposed amendment to the striking amendment does change the scope and object of the bill and the point of order is well taken."
The amendment by Senators Snyder, McCaslin, Owen, Nelson, Amondson and Hargrove on page 32, after line 2, to the striking amendment to Substitute Senate Bill No. 5372 was ruled out of order.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Loveland and Winsley, as amended, to Substitute Senate Bill No. 5372.
Debate ensued.
The striking amendment, as amended, to Substitute Senate Bill No. 5372 was adopted by voice vote.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "taxation;" strike the remainder of the title and insert "amending RCW 9.46.110, 28A.315.440, 35.49.130, 36.21.011, 46.44.175, 84.08.130, 84.08.140, 84.12.360, 84.12.370, 84.16.090, 84.16.120, 84.16.130, 84.33.130, 84.34.230, 84.36.381, 84.38.040, 84.40.0301, 84.40.045, 84.40.080, 84.40.090, 84.40.170, 84.41.070, 84.44.010, 84.48.010, 84.48.050, 84.48.080, 84.48.110, 84.48.120, 84.48.150, 84.52.043, 84.55.005, 84.55.070, 84.56.340, 84.60.050, 84.69.020, and 84.70.010; adding a new section to chapter 82.03 RCW; adding a new section to chapter 84.48 RCW; adding a new section to chapter 84.52 RCW; creating a new section; repealing RCW 35.49.120, 36.21.020, 36.21.030, and 84.56.023; prescribing penalties; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5372 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. 5372.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5372 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 35.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Hochstatter, McCaslin, McDonald, Nelson, Oke, Roach, Sellar and Smith, L. - 13.
Excused: Senator Drew - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5372, 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. 5906, by Senators Moore, Newhouse, Wojahn, Amondson and Hochstatter
Modifying electrical inspection standards.
MOTION
Senator Vognild moved that Substitute Senate Bill No. 5906 not be substituted for Senate Bill No. 5906.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Vognild that Senate Bill No. 5906 not be substituted.
The motion by Senator Vognild carried and Senate Bill No. 5906 was not substituted.
Senate Bill No. 5906 was read the second time.
MOTION
On motion of Senator Vognild, the rules were suspended, Senate Bill No. 5906 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. 5906.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5906 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Smith, L. - 1.
Excused: Senator Drew - 1.
SENATE BILL NO. 5906, 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. 5101, by Senator Vognild
Adjusting certain motorcycle-related fees.
The bill was read the second time.
MOTIONS
On motion of Senator Vognild, the following Committee on Transportation amendments were considered simultaneously and were adopted:
On page 1, at the beginning of line 12, strike "twenty" and insert "fourteen"
On page 2, line 7, after "((thirty))" strike "seventy-five" and insert "fifty"
On motion of Senator Vognild, the rules were suspended, Engrossed Senate Bill No. 5101 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. 5101.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5101 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Bluechel, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 35.
Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, McCaslin, McDonald, Nelson, Newhouse, Roach, Smith, L. and Sutherland - 12.
Absent: Senator Niemi - 1.
Excused: Senator Drew - 1.
ENGROSSED SENATE BILL NO. 5101, 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 Loveland, Senator Niemi was excused.
SECOND READING
SENATE BILL NO. 5212, by Senator Haugen
Removing the ten-mile ferry and toll bridge restriction.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5212 was substituted for Senate Bill No. 5212 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5212 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. 5212.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5212 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, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 Drew and Niemi - 2.
SUBSTITUTE SENATE BILL NO. 5212, 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. 5577, by Senator A. Smith
Changing sex offense provisions for perpetrators who are health care providers or persons with supervisory authority.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 5577 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. 5577.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5577 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Snyder - 1.
Excused: Senators Drew and Niemi - 2.
SENATE BILL NO. 5577, 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. 5821, by Senator Loveland (by request of Department of Community Development)
Modifying public works board loan restrictions.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5821 was substituted for Senate Bill No. 5821 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5821 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. 5821.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5821 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, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, 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 Drew and Niemi - 2.
SUBSTITUTE SENATE BILL NO. 5821, 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. 5657, by Senators Vognild, Amondson, Sutherland, Pelz, Erwin and Winsley
Providing prompt pay for works of improvement.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5657 was substituted for Senate Bill No. 5657 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5657 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. 5657.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5657 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, 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 - 42.
Voting nay: Senators Barr, Bauer, Haugen, McCaslin and McDonald - 5.
Excused: Senators Drew and Niemi - 2.
SUBSTITUTE SENATE BILL NO. 5657, 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. 5401, by Senators Quigley, Haugen, A. Smith, Skratek, Fraser, Prince, Deccio, Drew, Bauer, Talmadge, Spanel, Loveland, Sutherland, Rinehart, Gaspard, Snyder, Jesernig, von Reichbauer, Winsley, Niemi, Vognild, Prentice and Sheldon
Regulating political telemarketing.
The bill was read the second time.
MOTION
On motion of Senator Quigley, the rules were suspended, Senate Bill No. 5401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator Anderson: "A parliamentary inquiry, Mr. President. Section two of this bill amends Initiative No. 134. Does final passage of this measure require a two-thirds vote, because we are amending an Initiative?"
RULING BY THE PRESIDENT
President Pritchard: "If you are amending 134, yes, it would take a two-thirds vote. Yes, it does."
POINT OF INFORMATION
Senator Talmadge: "Mr. President, a point of information. The ruling that you just made with respect to whether or not the bill requires a two-thirds vote as opposed to a majority vote, because it amends Initiative No. 134, I would ask the Chair to take a look at that. Is this actually a specific amendment to that portion of the Initiative?"
REPLY BY THE PRESIDENT
President Pritchard: "All three of the lawyers say it is, Senator."
Senator Talmadge: "Thank you, Mr. President."
POINT OF ORDER
Senator McCaslin: "A point of order, Mr. President. When does a roll call begin--when he announces the first name or when you say, 'The clerk will call the roll?'"
REPLY BY THE PRESIDENT
President Pritchard: "When he starts calling the roll."
Senator McCaslin: "Thank you, Mr. President."
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5401.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5401 and the bill failed by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 28.
Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L. and West - 19.
Excused: Senators Drew and Niemi - 2.
SENATE BILL NO. 5401, having failed to receive the constitutional two-thirds majority, was declared lost.
SECOND READING
SENATE BILL NO. 5557, by Senators Prentice, Prince, Vognild, Amondson, Bauer and Franklin
Regulating alcohol servers.
MOTIONS
On motion of Senator Moore, Substitute Senate Bill No. 5557 was substituted for Senate Bill No. 5557 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Moore, the rules were suspended, Substitute Senate Bill No. 5557 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. 5557.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5557 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 43.
Voting nay: Senators Barr, McCaslin, Oke and Williams - 4.
Excused: Senators Drew and Niemi - 2.
SUBSTITUTE SENATE BILL NO. 5557, 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. 5535, by Senators Vognild, Prince and M. Rasmussen
Taxing large trucks.
MOTIONS
On motion of Senator Vognild, Substitute Senate Bill No. 5535 was substituted for Senate Bill No. 5535 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Vognild, the rules were suspended, Substitute Senate Bill No. 5535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POSSIBLE CONFLICT OF INTEREST
On motion of Senator Talmadge, he was excused from voting on Substitute Senate Bill No. 5535, because of a possible conflict of interest.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5535.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5535 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 1; Excused, 3.
Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Barr, Cantu and McCaslin - 3.
Absent: Senator Moore - 1.
Excused: Senators Drew, Niemi and Talmadge - 3.
SUBSTITUTE SENATE BILL NO. 5535, 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 9:00 p.m., on motion of Senator Jesernig, the Senate adjourned until 8:00 a.m., Tuesday, March 16, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate