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EIGHTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, April 6, 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 Bauer, Erwin, Hargrove, Pelz, Rinehart and Linda Smith. On motion of Senator Oke, Senators Erwin and Linda Smith were excused. On motion of Senator Spanel, Senators Bauer, Hargrove, Pelz and Rinehart were excused.
The Sergeant at Arms Color Guard, consisting of Pages Jamie Knoblauch and John Roach, presented the Colors. Reverend William Riker, pastor of St. Benedict's Episcopal Church of Lacey, 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.
REPORT OF SELECT COMMITTEE
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington
BIRTH TO SIX
STATE PLANNING PROJECT
GOVERNOR'S REPORT
JANUARY 1993
PREFACE
As a condition of the federal Part H grant award, the lead agency in each state is required to submit an Annual Performance Report. The statute also requires that the State Interagency Coordinating Council submit an annual report to the Governor and to the Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families operated within Washington State.
In addition, Washington's Substitute Senate Bill No. 6428 (SSB No. 6428) known as the Family Policy Initiative, requires a Report to the Legislature on the status of implementation of early intervention programs for infants and toddlers with disabilities and their families by January 15, 1993. This report covers the period of performance from January 1992 through December 1992.
The Select Committee Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE HOUSE
April 5, 1993
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5351,
ENGROSSED SENATE BILL NO. 5362, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 5, 1993
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED HOUSE BILL NO. 1022,
HOUSE BILL NO. 1035,
HOUSE BILL NO. 1038,
HOUSE BILL NO. 1079,
HOUSE BILL NO. 2032, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 5, 1993
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5148, and the same is herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 5, 1993
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5217,
SENATE BILL NO. 5229, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
April 5, 1993
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5082,
SENATE BILL NO. 5125, and the same are herewith transmitted.
ALAN THOMPSON, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5082,
SENATE BILL NO. 5125,
SUBSTITUTE SENATE BILL NO. 5148,
ENGROSSED SENATE BILL NO. 5217,
SENATE BILL NO. 5229.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1022,
HOUSE BILL NO. 1035,
HOUSE BILL NO. 1038,
HOUSE BILL NO. 1079,
HOUSE BILL NO. 2032.
SECOND READING
HOUSE JOINT MEMORIAL NO. 4007, by Representatives Bray, Ludwig, Lisk, Grant, Mastin and Rayburn
Petitioning Congress and the Secretary of Energy to name the Hanford and Lands Ecology Reserve after Richard Fitzner and Les Eberhardt.
The joint memorial was read the second time.
MOTION
On motion of Senator Jesernig, the rules were suspended, House Joint Memorial No. 4007 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4007.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4007 and the joint memorial passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 43.
Excused: Senators Bauer, Erwin, Hargrove, Pelz, Rinehart and Smith, L. - 6.
HOUSE JOINT MEMORIAL NO. 4007, having received the constitutional majority, was declared passed.
SECOND READING
ENGROSSED HOUSE BILL NO. 1115, by Representatives Riley, Mielke, R. Johnson, Jones, Brough, Van Luven and Karahalios
Allowing law enforcement agencies to have access to children's records in cases of reported child abuse and neglect.
The bill was read the second time.
MOTION
Senator Talmadge moved that the following Committee on Health and Human Services amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.44.030 and 1991 c 111 s 1 are each amended to read as follows:
(1) When any practitioner, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.
(3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.
(4) The department, upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.
(5) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.
(6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.
(7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.
(8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.
(10) Upon receiving reports of abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.
(11) Upon receiving a report ((of incidents, conditions, or circumstances)) of child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.
(12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.
(13) The department ((of social and health services)) shall((, within funds appropriated for this purpose,)) use a risk assessment ((tool)) process when investigating child abuse and neglect referrals. ((The tool shall be used, on a pilot basis, in three local office service areas.)) The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.
The department shall provide annual reports to the ((ways and means)) appropriate committees of the senate and house of representatives on the ((use)) effectiveness of the ((tool by December 1, 1989. The report shall include recommendations on the continued use and possible expanded use of the tool)) risk assessment process.
(14) Upon receipt of ((such)) a report of abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting."
Debate ensued.
The President declared the question before the Senate to be the adoption of the Committee on Health and Human Services striking amendment to Engrossed House Bill No. 1115.
The motion by Senator Talmadge carried and the committee amendment was adopted.
MOTIONS
On motion of Senator Talmadge, the following title amendment was adopted:
On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "and amending RCW 26.44.030."
On motion of Senator Talmadge, the rules were suspended, Engrossed House Bill No. 1115, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Oke, Senator Amondson, was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1115, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1115, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators 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., Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, Rinehart and Smith, L. - 3.
ENGROSSED HOUSE BILL NO. 1115, as amended by the Senate, 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
ENGROSSED HOUSE JOINT MEMORIAL NO. 4000, by Representatives Locke, R. Fisher, Horn, Anderson, Wineberry, Ballasiotes, Thibaudeau, Eide, Flemming, Jacobsen and Ogden
Honoring Homer M. Hadley.
The joint memorial was read the second time.
MOTION
On motion of Senator Cantu, the rules were suspended, Engrossed House Joint Memorial No. 4000 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Joint Memorial Bill No. 4000.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Joint Memorial No. 4000 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, 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., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Absent: Senator Barr - 1.
Excused: Senators Amondson and Rinehart - 2.
ENGROSSED HOUSE JOINT MEMORIAL NO. 4000, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1118, by House Committee on Judiciary (originally sponsored by Representatives Orr, Scott, Shin, Dunshee, Silver, Mielke, Schoesler, Sheahan, Riley, Tate, Vance, Chappell, Ludwig, Forner, H. Myers, Johanson and Springer)
Classifying the criminal use of explosives.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.74.010 and 1972 ex.s. c 88 s 5 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context:
(1) The terms "authorized", "approved" or "approval" shall be held to mean authorized, approved, or approval by the department of labor and industries.
(2) The term "blasting agent" shall be held to mean and include any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, and in which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a No. 8 test blasting cap.
(3) The term "explosive" or "explosives" whenever used in this chapter, shall be held to mean and include any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. In addition, the term "explosives" shall include all material which is classified as class A, class B, and class C explosives by the federal department of transportation((: PROVIDED, That)). For the purposes of this chapter small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder not exceeding five pounds shall not be defined as explosives, unless possessed or used for a purpose inconsistent with small arms use or other lawful purpose.
(4) Classification of explosives shall include but not be limited to the following:
(a) CLASS A EXPLOSIVES: (Possessing detonating hazard) dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, black powder exceeding five pounds, blasting caps in quantities of 1001 or more, and detonating primers.
(b) CLASS B EXPLOSIVES: (Possessing flammable hazard) propellant explosives, including smokeless propellants exceeding fifty pounds.
(c) CLASS C EXPLOSIVES: (Including certain types of manufactured articles which contain class A or class B explosives, or both, as components but in restricted quantities) blasting caps in quantities of 1000 or less.
(5) The term "explosive-actuated power devices" shall be held to mean any tool or special mechanized device which is actuated by explosives, but not to include propellant-actuated power devices.
(6) The term "magazine", shall be held to mean and include any building or other structure, other than a factory building, used for the storage of explosives.
(7) The term "improvised device" means a device which is fabricated with explosives or destructive, lethal, noxious, pyrotechnic, or incendiary chemicals and which is designed to disfigure, destroy, distract, or harass.
(8) The term "inhabited building", shall be held to mean and include only a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store, or other building where people are accustomed to assemble, other than any building or structure occupied in connection with the manufacture, transportation, storage, or use of explosives.
(9) The term "explosives manufacturing plant" shall be held to mean and include all lands, with the buildings situated thereon, used in connection with the manufacturing or processing of explosives or in which any process involving explosives is carried on, or the storage of explosives thereat, as well as any premises where explosives are used as a component part or ingredient in the manufacture of any article or device.
(10) The term "explosives manufacturing building", shall be held to mean and include any building or other structure (excepting magazines) containing explosives, in which the manufacture of explosives, or any processing involving explosives, is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device.
(11) The term "railroad" shall be held to mean and include any steam, electric, or other railroad which carries passengers for hire.
(12) The term "highway" shall be held to mean and include any public street, public alley, or public road.
(13) The term "efficient artificial barricade" shall be held to mean an artificial mound or properly revetted wall of earth of a minimum thickness of not less than three feet or such other artificial barricade as approved by the department of labor and industries.
(14) The term "person" shall be held to mean and include any individual, firm, copartnership, corporation, company, association, joint stock association, and including any trustee, receiver, assignee, or personal representative thereof.
(15) The term "dealer" shall be held to mean and include any person who purchases explosives or blasting agents for the sole purpose of resale, and not for use or consumption.
(16) The term "forbidden or not acceptable explosives" shall be held to mean and include explosives which are forbidden or not acceptable for transportation by common carriers by rail freight, rail express, highway, or water in accordance with the regulations of the federal department of transportation.
(17) The term "handloader" shall be held to mean and include any person who engages in the noncommercial assembling of small arms ammunition for his own use, specifically the operation of installing new primers, powder, and projectiles into cartridge cases.
(18) The term "handloader components" means small arms ammunition, small arms ammunition primers, smokeless powder not exceeding fifty pounds, and black powder as used in muzzle loading firearms not exceeding five pounds.
(19) The term "fuel" shall be held to mean and include a substance which may react with the oxygen in the air or with the oxygen yielded by an oxidizer to produce combustion.
(20) The term "motor vehicle" shall be held to mean and include any self-propelled automobile, truck, tractor, semi-trailer or full trailer, or other conveyance used for the transportation of freight.
(21) The term "natural barricade" shall be held to mean and include any natural hill, mound, wall, or barrier composed of earth or rock or other solid material of a minimum thickness of not less than three feet.
(22) The term "oxidizer" shall be held to mean a substance that yields oxygen readily to stimulate the combustion of organic matter or other fuel.
(23) The term "propellant-actuated power device" shall be held to mean and include any tool or special mechanized device or gas generator system which is actuated by a propellant or which releases and directs work through a propellant charge.
(24) The term "public conveyance" shall be held to mean and include any railroad car, streetcar, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire.
(25) The term "public utility transmission system" shall mean power transmission lines over 10 KV, telephone cables, or microwave transmission systems, or buried or exposed pipelines carrying water, natural gas, petroleum, or crude oil, or refined products and chemicals, whose services are regulated by the utilities and transportation commission, municipal, or other publicly owned systems.
(26) The term "purchaser" shall be held to mean any person who buys, accepts, or receives any explosives or blasting agents.
(27) The term (("pyrotechnics")) "pyrotechnic" shall be held to mean and include any combustible or explosive compositions or manufactured articles designed and prepared for the purpose of producing audible or visible effects which are commonly referred to as fireworks.
(28) The term "small arms ammunition" shall be held to mean and include any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns. Military-type ammunition containing explosive bursting charges, incendiary, tracer, spotting, or pyrotechnic projectiles is excluded from this definition.
(29) The term "small arms ammunition primers" shall be held to mean small percussion-sensitive explosive charges encased in a cup, used to ignite propellant powder and shall include percussion caps as used in muzzle loaders.
(30) The term "smokeless propellants" shall be held to mean and include solid chemicals or solid chemical mixtures in excess of fifty pounds which function by rapid combustion.
(31) The term "user" shall be held to mean and include any natural person, manufacturer, or blaster who acquires, purchases, or uses explosives as an ultimate consumer or who supervises such use.
Words used in the singular number shall include the plural, and the plural the singular.
Sec. 2. RCW 70.74.022 and 1988 c 198 s 10 are each amended to read as follows:
(1) It is unlawful for any person to manufacture, purchase, sell, offer for sale, use, possess, transport, or store any explosive, improvised device, or components that are intended to be assembled into an explosive or improvised device without having a validly issued license from the department of labor and industries, which license has not been revoked or suspended. Violation of this section is a ((gross misdemeanor)) class C felony.
(2) Upon notice from the department of labor and industries or any law enforcement agency having jurisdiction, a person manufacturing, purchasing, selling, offering for sale, using, possessing, transporting, or storing any explosive, improvised device, or components of explosives or improvised devices without a license shall immediately surrender ((any and all such)) those explosives, improvised devices, or components to the department or to the respective law enforcement agency.
(3) At any time that the director of labor and industries requests the surrender of explosives, improvised devices, or components of explosives or improvised devices, from any person pursuant to subsection (2) of this section, the director may in addition request the attorney general to make application to the superior court of the county in which the unlawful practice exists for a temporary restraining order or such other relief as appears to be appropriate under the circumstances.
Sec. 3. RCW 70.74.160 and 1969 ex.s. c 137 s 19 are each amended to read as follows:
No person, except ((an official as authorized herein)) the director of labor and industries or the director's authorized agent, the owner, the owner's agent, or a person authorized to ((do so by the owner thereof, or his agent, shall)) enter by the owner or owner's agent, or a law enforcement officer acting within his or her official capacity, may enter any explosives manufacturing building, magazine or car, vehicle or other common carrier containing explosives in this state. Violation of this section is a gross misdemeanor punishable under chapter 9A.20 RCW.
NEW SECTION. Sec. 4. Unless otherwise allowed to do so under this chapter, a person who exhibits a device designed, assembled, fabricated, or manufactured, to convey the appearance of an explosive or improvised device, and who intends to, and does, intimidate or harass a person, is guilty of a class C felony.
Sec. 5. RCW 70.74.191 and 1985 c 191 s 2 are each amended to read as follows:
The laws contained in this chapter and the ensuing regulations prescribed by the department of labor and industries shall not apply to:
(1) Explosives or blasting agents in the course of transportation by way of railroad, water, highway or air under the jurisdiction of, and in conformity with, regulations adopted by the federal department of transportation, the Washington state utilities and transportation commission and the Washington state patrol;
(2) The laboratories of schools, colleges and similar institutions if confined to the purpose of instruction or research and if not exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official United States Pharmacopoeia;
(4) The transportation, storage and use of explosives or blasting agents in the normal and emergency operations of federal agencies and departments including the regular United States military departments on military reservations, or the duly authorized militia of any state or territory, or to emergency operations of any state department or agency, any police, or any municipality or county;
(5) The importation, sale, possession, and use of fireworks, signaling devices, flares, fuses, and torpedoes;
(6) The transportation, storage, and use of explosives or blasting agents in the normal and emergency avalanche control procedures as conducted by trained and licensed ski area operator personnel. However, the storage, transportation, and use of explosives and blasting agents for such use shall meet the requirements of regulations adopted by the director of labor and industries; and
(7) Any violation under this chapter if any existing ordinance of any city, municipality or county is more stringent than this chapter.
Sec. 6. RCW 70.74.270 and 1992 c 7 s 49 are each amended to read as follows:
Every person who maliciously places any explosive ((substance or material)) or improvised device in, upon, under, against, or near any building, car, vessel, railroad track, airplane, public utility transmission system, or structure, in such manner or under such circumstances as to destroy or injure it if exploded, shall be punished as follows:
(1) If the circumstances and surroundings are such that the safety of any person might be endangered by the explosion, by imprisonment in a state correctional facility for not more than twenty years;
(2) In every other case by imprisonment in a state correctional facility for not more than five years.
Sec. 7. RCW 70.74.295 and 1972 ex.s. c 88 s 3 are each amended to read as follows:
It shall be unlawful for any person to abandon explosives or ((explosive substances)) improvised devices. Violation of this section is a gross misdemeanor punishable under chapter 9A.20 RCW.
NEW SECTION. Sec. 8. (1) Explosives, improvised devices, and components of explosives and improvised devices that are possessed, manufactured, stored, sold, purchased, transported, abandoned, detonated, or used in violation of a provision of this chapter are subject to seizure and forfeiture by a law enforcement agency and no property right exists in them.
(2) Seizure of explosives, improvised devices, and components of explosives and improvised devices under subsection (1) of this section may be made if:
(a) The seizure is incident to arrest or a search under a search warrant;
(b) The explosives, improvised devices, or components have been the subject of a prior judgment in favor of the state in an injunction or forfeiture proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to believe that the explosives, improvised devices, or components are directly or indirectly dangerous to health or safety; or
(d) The law enforcement officer has probable cause to believe that the explosives, improvised devices, or components were used or were intended to be used in violation of this chapter.
(3) A law enforcement agency shall destroy explosives seized under this chapter when it is necessary to protect the public safety and welfare. When destruction is not necessary to protect the public safety and welfare, and the explosives are not being held for evidence, a seizure pursuant to this section commences proceedings for forfeiture.
(4) The law enforcement agency under whose authority the seizure was made shall issue a written notice of the seizure and commencement of the forfeiture proceedings to the person from whom the explosives were seized, to any known owner of the explosives, and to any person who has a known interest in the explosives. The notice shall be issued within fifteen days of the seizure. The notice of seizure and commencement of the forfeiture proceedings shall be served in the same manner as provided in RCW 4.28.080 for service of a summons. The law enforcement agency shall provide a form by which the person or persons may request a hearing before the law enforcement agency to contest the seizure.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the explosives, improvised devices, or components within thirty days of the date the notice was issued, the seized explosives, devices, or components shall be deemed forfeited.
(6) If, within thirty days of the issuance of the notice, any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items seized, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement or the officer's designee of the seizing agency, except that the person asserting the claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the items seized is more than five hundred dollars. The hearing and any appeal shall be conducted according to chapter 34.05 RCW. The seizing law enforcement agency shall bear the burden of proving that the person (a) has no lawful right of ownership or possession and (b) that the items seized were possessed, manufactured, stored, sold, purchased, transported, abandoned, detonated, or used in violation of a provision of this chapter with the person's knowledge or consent.
(7) The seizing law enforcement agency shall promptly return the items seized to the claimant upon a determination that the claimant is entitled to possession of the items seized.
(8) If the items seized are forfeited under this statute, the agency shall destroy the explosives. When explosives are destroyed either to protect public safety or because the explosives were forfeited, the person from whom the explosives were seized loses all rights of action against the law enforcement agency or its employees acting within the scope of their employment, or other governmental entity or employee involved with the seizure and destruction of explosives.
(9) This section is not intended to change the seizure and forfeiture powers, enforcement, and penalties available to the department of labor and industries pursuant to chapter 49.17 RCW as provided in RCW 70.74.390.
NEW SECTION. Sec. 9. A person who knows of a theft or loss of explosives for which that person is responsible under this chapter shall report the theft or loss to the local law enforcement agency within twenty-four hours of discovery of the theft or loss. The local law enforcement agency shall immediately report the theft or loss to the department of labor and industries.
NEW SECTION. Sec. 10. Sections 4, 8, and 9 of this act are each added to chapter 70.74 RCW.
NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "explosives;" strike the remainder of the title and insert "amending RCW 70.74.010, 70.74.022, 70.74.160, 70.74.191, 70.74.270, and 70.74.295; adding new sections to chapter 70.74 RCW; and prescribing penalties."
MOTION
On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1118, as amended by the Senate, 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 House Bill No. 1118, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1118, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators 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 - 48.
Excused: Senator Amondson - 1.
SUBSTITUTE HOUSE BILL NO. 1118, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1635, by House Committee on Transportation (originally sponsored by Representatives Zellinsky, Schmidt, King, Ballard, Dorn, Sehlin, Heavey, Kremen, Brough, Sheldon, Wood, Jones, Jacobsen, J. Kohl, R. Johnson, Karahalios, Holm, Scott, Orr, Kessler, Pruitt, R. Fisher, Wang, Springer, Quall, Conway, Anderson, Shin, Veloria, Leonard, Campbell, R. Meyers, Ballasiotes, Vance, Foreman, Patterson, Valle, Johanson, Miller, Chandler, G. Fisher, Roland, Linville and Cothern)
Establishing procedures for bidding construction of jumbo ferries.
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 3, beginning on line 12, strike all of "NEW SECTION. Sec. 3."
Renumber the remaining sections accordingly.
On page 3, line 18, after "estimate" insert "of the cost to construct the vessels in the state of Washington"
On page 3, line 22, after "estimate." insert "In performing the independent review, the legislative transportation committee shall consult with persons not bidding on the construction of new jumbo ferry vessels in the state of Washington and who have experience in maritime bidding, ferry construction bid estimating, and are familiar with shipbuilding costs in the pacific northwest."
On page 3, line 28, after "estimate." strike all the material down to and including "act." on line 31 and insert "If the lowest responsible bid does not exceed the revised engineer's estimate by more than five percent, the department shall follow the procedures established under sections 5 through 7 of this act."
On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 1635, as amended by the Senate, 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 House Bill No. 1635, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1635, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, 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, Winsley and Wojahn - 42.
Voting nay: Senators Barr, Bluechel, McCaslin, Newhouse, Niemi and Williams - 6.
Excused: Senator Amondson - 1.
SUBSTITUTE HOUSE BILL NO. 1635, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator McDonald was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1064, by House Committee on Education (originally sponsored by Representatives G. Cole, Van Luven, G. Fisher, Cothern, Dorn, Holm, Leonard, Jones, Rust, R. Fisher, Jacobsen, King, Dellwo, Scott, Morris, Wang, Thibaudeau, Romero, Valle, Pruitt, Appelwick, Basich, J. Kohl, Anderson, Ogden, H. Myers, Wineberry, Riley, Brown, Long, Orr, Shin, Horn, Forner, Eide, Wolfe, Johanson, Kessler and Veloria)
Requiring the adoption of a policy prohibiting corporal punishment in schools.
The bill was read the second time.
MOTION
On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1064 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 House Bill No. 1064.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1064 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Cantu, Drew, Franklin, Fraser, Gaspard, Loveland, McAuliffe, Moore, Moyer, Nelson, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 31.
Voting nay: Senators Anderson, Barr, Deccio, Erwin, Hargrove, Haugen, Hochstatter, Jesernig, McCaslin, Newhouse, Oke, Owen, Prince, Smith, L., Vognild and West - 16.
Excused: Senators Amondson and McDonald - 2.
SUBSTITUTE HOUSE BILL NO. 1064, 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
HOUSE BILL NO. 1078, by Representatives Appelwick, Padden, Ludwig, Orr and Johanson
Regulating the passing of interests at death.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 11.62.010 and 1988 c 64 s 25 and 1988 c 29 s 2 are each reenacted and amended to read as follows:
(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of his death;
(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed ((the amount specified in RCW 6.13.030)) sixty thousand dollars;
(d) That forty days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;
(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;
(h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and
(i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is entitled to full payment or delivery thereof on the behalf and with the written authority of all other successors who have an interest therein.
(3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.
(4) No release from any Washington state or local taxing authority may be required before any assets or debts are paid or delivered to a successor of a decedent as required under this section.
NEW SECTION. Sec. 2. (1) An otherwise effective written instrument of transfer may not be deemed testamentary solely because of a provision for a nonprobate transfer at death in the instrument.
(2) "Provision for a nonprobate transfer at death" as used in subsection (1) of this section includes, but is not limited to, a written provision that:
(a) Money or another benefit up to that time due to, controlled, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or a separate writing, including a will, executed at any time;
(b) Money or another benefit due or to become due under the instrument ceases to be payable in the event of the death of the promisee or the promisor before payment or demand; or
(c) Property, controlled by or owned by the decedent before death, that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed at any time.
(3) "Otherwise effective written instrument of transfer" as used in subsection (1) of this section means: An insurance policy; a contract of employment; a bond; a mortgage; a promissory note; a certified or uncertified security; an account agreement; a compensation plan; a pension plan; an individual retirement plan; an employee benefit plan; a joint tenancy; a community property agreement; a trust; a conveyance; a deed of gift; a contract; or another written instrument of a similar nature that would be effective if it did not contain provision for a nonprobate transfer at death.
(4) This section only eliminates a requirement that instruments of transfer comply with formalities for executing wills under chapter 11.12 RCW. This section does not make a written instrument effective as a contract, gift, conveyance, deed, or trust that would not otherwise be effective as such for reasons other than failure to comply with chapter 11.12 RCW.
(5) This section does not limit the rights of a creditor under other laws of this state.
NEW SECTION. Sec. 3. A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the repository, or that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee, is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. Ownership of the contents of the repository and devolution of title to those contents is determined according to rules of law without regard to the lease provisions.
NEW SECTION. Sec. 4. RCW 11.02.090 and 1974 ex.s. c 117 s 54 are each repealed.
NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 11.02 RCW."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 2 of the title, after "death;" strike the remainder of the title and insert "amending RCW 11.62.010; adding new sections to chapter 11.02 RCW; and repealing RCW 11.02.090."
MOTION
On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1078, as amended by the Senate, 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 House Bill No. 1078, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1078, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators 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 - 47.
Excused: Senators Amondson and McDonald - 2.
HOUSE BILL NO. 1078, as amended by the Senate, 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
ENGROSSED HOUSE BILL NO. 1264, by Representatives Heavey and Meyers
Regulating third party recoveries in worker's compensation cases.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 1264 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 House Bill No. 1264.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1264 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, 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, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 44.
Voting nay: Senators Barr, Sellar and Smith, L. - 3.
Excused: Senators Amondson and McDonald - 2.
ENGROSSED HOUSE BILL NO. 1264, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862, by House Committee on Revenue (originally sponsored by Representatives Mastin, Grant, Ludwig, Bray and Jacobsen)
Permitting a special excise tax on hotel, motel, roominghouse, and trailer camp charges for a trade recreation agricultural center in Pasco.
The bill was read the second time.
MOTIONS
On motion of Senator Jesernig, the following Committee on Ways and Means amendment was adopted:
On page 2, after line 19, strike the remainder of the bill
On motion of Senator Deccio, the following amendment by Senators Deccio, Loveland and Jesernig was adopted:
On page 2, after line 19, insert the following:
"Sec. 2. RCW 67.28.240 and 1991 c 363 s 140 are each amended to read as follows:
(1) The legislative body of a county that qualified under RCW 67.28.180(2)(b) other than a county with a population of one million or more and the legislative bodies of cities in the qualifying county are each authorized to levy and collect a special excise tax of ((two)) three percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.
(2) No city may impose the special excise tax authorized in subsection (1) of this section during the time the city is imposing the tax under RCW 67.28.180, and no county may impose the special excise tax authorized in subsection (1) of this section until such time as those cities within the county containing at least one-half of the total incorporated population have imposed the tax.
(3) Any county ordinance or resolution adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax for the full amount of any city tax imposed under this section upon the same taxable event.
(4) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the county or city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to taxes imposed under this section."
MOTIONS
On motion of Senator Jesernig, the following title amendment was adopted:
On page 1, line 2 of the title, after "charges;" insert "amending RCW 67.28.240;"
On motion of Senator Jesernig, the rules were suspended, Engrossed Substitute House Bill No. 1862, as amended by the Senate, 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 House Bill No. 1862, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1862, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 40.
Voting nay: Senators Anderson, Barr, Cantu, Erwin, Oke, Roach and Williams - 7.
Excused: Senators Amondson and McDonald - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1862, as amended by the Senate, 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 Spanel, Senator Vognild was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1910, by House Committee on Capital Budget (originally sponsored by Representatives Silver, Wang, Sommers, Brough, Mielke, Foreman, Dyer, Brumsickle, Long, Edmondson, Horn, Casada, Wood, Flemming, Morton, Miller, Cooke, Forner and Anderson)
Creating an inventory system for state-owned or leased facilities.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
On page 2, after line 7, insert the following:
"NEW SECTION. Sec. 2. It is the purpose of sections 3 and 4 of this act to give authority to the office of archaeology and historic preservation to identify, record, and evaluate all state-owned facilities to determine which of these facilities may be considered historically significant, to require the office to provide copies of the inventory to departments, agencies, and institutions that have jurisdiction over the buildings and sites listed, and to authorize the office of archaeology and historic preservation to convene a task force of state agencies to develop guidelines for state agencies to identify, evaluate, and protect historic properties.
NEW SECTION. Sec. 3.
Unless the context clearly requires otherwise, the following definitions apply throughout section 4 of this act.(1) "Agency" means the state agency, department, or institution that has ownership of historic property.
(2) "Historic properties" means those buildings, sites, objects, structures, and districts that are listed in or eligible for listing in the National Register of Historic Places.
(3) "Office" means the office of archaeology and historic preservation within the department of community development.
NEW SECTION. Sec. 4.
(1) By January 2, 1994, the office shall provide each agency with a list of the agency's properties currently listed on the National Register of Historic Places. By January 2, 1995, agencies that own property shall provide to the office a list of those properties that are either at least fifty years old or that may be eligible for listing in the National Register of Historic Places. If funding is available, the office may provide grants to state agencies to assist in the development of the agency's list. By June 30, 1995, the office shall compile and disseminate an inventory of state-owned historic properties.(2) The office shall provide technical historic preservation training for agency staff involved with the identification and management of historic properties.
NEW SECTION. Sec. 5.
(1) The office shall convene a task force to develop recommendations on establishing state agency historic preservation guidelines to identify, evaluate, and protect historic properties. The task force may include but not be limited to representatives of affected state agencies and other interested or affected parties. Topics the task force shall address include the following:(a) Recommendations on long-range management strategies for the protection of state-owned historic properties; and
(b) Development of a process to review and comment on state agency actions that might affect identified historic properties.
(2) The task force shall present its recommendations to the governor and the legislature no later than October 31, 1995.
NEW SECTION. Sec. 6.
Sections 3 and 4 of this act are each added to chapter 27.34 RCW."On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "adding a new section to chapter 43.82 RCW; adding new sections to chapter 27.34 RCW; and creating new sections."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1910, as amended by the Senate, 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 House Bill No. 1910, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1910, as amended by the Senate, 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McDonald and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1910, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1316, by House Committee on Local Government (originally sponsored by Representatives Springer, H. Myers and Thomas)
Authorizing city councilmembers to serve as reserve police officers.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.21.770 and 1974 ex.s. c 60 s 1 are each amended to read as follows:
Notwithstanding any other provision of law, the legislative body of any city or town, by resolution adopted by ((unanimous)) a two-thirds vote of the full legislative body, may authorize any of its members to serve as volunteer ((firemen)) fire fighters or reserve law enforcement officers, or both, and to receive the same compensation, insurance and other benefits as are applicable to other volunteer ((firemen)) fire fighters or reserve law enforcement officers employed by the city or town.
Sec. 2. RCW 35A.11.110 and 1974 ex.s. c 60 s 2 are each amended to read as follows:
Notwithstanding any other provision of law, the legislative body of any code city, by resolution adopted by ((unanimous)) a two-thirds vote of the full legislative body, may authorize any of its members to serve as volunteer ((firemen)) fire fighters or reserve law enforcement officers, or both, and to receive the same compensation, insurance and other benefits as are applicable to other volunteer ((firemen)) fire fighters or reserve law enforcement officers employed by the code city."
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 2 of the title, after "capacities;" strike the remainder of the title and insert "and amending RCW 35.21.770 and 35A.11.110."
MOTION
On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1316, as amended by the Senate, 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 House Bill No. 1316, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1316, as amended by the Senate, 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McDonald and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1316, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1544, by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Johanson)
Requiring that criminal penalties set by cities and counties be the same as those set in state law.
The bill was read the second time.
MOTION
On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1544 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 House Bill No. 1544.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1544 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McDonald and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1544, 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
ENGROSSED HOUSE BILL NO. 1033, by Representatives H. Myers, Bray, Edmondson, Rayburn, Chappell, Ludwig, Kessler, Flemming, Brough, Campbell, L. Johnson, Dunshee and Ogden
Establishing a procedure for developing local jail industries programs.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Cities and counties have a significant interest in ensuring that inmates in their jails are productive citizens after their release in the community. The legislature finds that there is an expressed need for cities and counties to uniformly develop and coordinate jail industries technical information and program and public safety standards state-wide. It further finds that meaningful jail work industries programs that are linked to formal education and adult literacy training can significantly reduce recidivism, the rising costs of corrections, and criminal activities. It is the purpose and intent of the legislature, through this chapter, to establish a state-wide jail industries program designed to promote inmate rehabilitation through meaningful work experience and reduce the costs of incarceration. The legislature recognizes that inmates should have the responsibility for contributing to the cost of their crime through the wages earned while working in jail industries programs and that such income shall be used to offset the costs of implementing and maintaining local jail industries programs and the costs of incarceration.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the state-wide jail industries board of directors.
(2) "City" means any city, town, or code city.
(3) "Cost accounting center" means a specific industry program operated under the private sector prison industry enhancement certification program as specified in 18 U.S.C. Sec. 1761.
(4) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior, district, or municipal court of the state of Washington for payment of restitution to a victim, a statutorily imposed crime victims compensation fee, court costs, a county or interlocal drug fund, court appointed attorneys' fees and costs of defense, fines, and other legal financial obligations that are assessed as a result of a felony or misdemeanor conviction.
(5) "Free venture industries" means types of industries which produce products, goods, or services through two modalities: (a) Employer model: An agreement between city or county and a private sector business or industry or nonprofit organization to produce goods or services to both public and private sectors; (b) customer model: An industry operated and managed to provide Washington state manufacturers or businesses with products or services currently produced, provided, and assembled by out-of-state or foreign suppliers.
(6) "Jail inmate" means a preconviction or postconviction resident of a city or county jail who is determined to be eligible to participate in jail inmate work programs according to the eligibility criteria of the work program.
(7) "Private sector prison industry enhancement certification program" means that program authorized by the United States justice assistance act of 1984, 18 U.S.C. Sec. 1761.
NEW SECTION. Sec. 3.
A state-wide jail industries board of directors is established. The board shall consist of the following members:(1) One sheriff and one police chief, to be selected by the Washington association of sheriffs and police chiefs;
(2) One county commissioner or one county councilmember to be selected by the Washington state association of counties;
(3) One city official to be selected by the association of Washington cities;
(4) Two jail administrators to be selected by the Washington state jail association, one of whom shall be from a county or a city with an established jail industries program;
(5) One prosecuting attorney to be selected by the Washington association of prosecuting attorneys;
(6) One administrator from a city or county corrections department to be selected by the Washington correctional association;
(7) One county clerk to be selected by the Washington association of county clerks;
(8) Three representatives from labor to be selected by the governor. The representatives may be chosen from a list of nominations provided by state-wide labor organizations representing a cross-section of trade organizations;
(9) Three representatives from business to be selected by the governor. The representatives may be chosen from a list of nominations provided by state-wide business organizations representing a cross-section of businesses, industries, and all sizes of employers;
(10) The governor's representative from the employment security department;
(11) One member representing crime victims, to be selected by the governor;
(12) One member representing on-line law enforcement officers, to be selected by the governor;
(13) One member from the department of trade and economic development to be selected by the governor;
(14) One member representing higher education, vocational education, or adult basic education to be selected by the governor; and
(15) The governor's representative from the correctional industries division of the state department of corrections shall be an ex officio member for the purpose of coordination and cooperation between prison and jail industries and to further a positive relationship between state and local government offender programs.
NEW SECTION. Sec. 4. The board shall, at the request of a city or county, offer advice in developing, promoting, and implementing consistent, safe, and efficient offender work programs.
The board may also develop guidelines and provide technical assistance for the coordination of jail industries programs with basic educational programs.
NEW SECTION. Sec. 5. The board shall require a city or a county that establishes a jail industries program to develop a local advisory group, or to use an existing advisory group of the appropriate composition, to advise and guide jail industries program operations. Such an advisory group shall include an equal number of representatives from labor and business. Representation from a sheltered workshop, as defined in RCW 82.04.385, and a crime victim advocacy group, if existing in the local area, should also be included.
A local advisory group shall have among its tasks the responsibility of ensuring that a jail industry has minimal negative impact on existing private industries or the labor force in the locale where the industry operates and that a jail industry does not negatively affect employment opportunities for people with developmental disabilities contracted through the operation of sheltered workshops as defined in RCW 82.04.385. In the event a conflict arises between the local business community or labor organizations concerning new jail industries programs, products, services, or wages, the city or county must use the arbitration process established pursuant to section 6 of this act.
NEW SECTION. Sec. 6. The board, in accordance with chapter 34.05 RCW, shall:
(1) Establish an arbitration process for resolving conflicts arising among the local business community and labor organizations concerning new industries programs, products, services, or wages;
(2) Encourage the development of the collection and analysis of jail industries program data, including long-term tracking information on offender recidivism;
(3) Determine, by applying established federal guidelines and criteria, whether a city or a county jail free venture industries program complies with the private sector prison industry enhancement certification program. In so doing, also determine if that industry should be designated as a cost accounting center for the purposes of the federal certification program; and
(4) Provide technical assistance with product marketing.
NEW SECTION. Sec. 7. The board may receive funds from local, county, state, or federal sources and may receive grants to support its activities. The board may establish a reasonable schedule of suggested fees that will support state-wide efforts to promote and facilitate jail industries that would be presented to cities and counties that have established jail industries programs.
NEW SECTION. Sec. 8. The board shall initially convene at the call of the representative of the correctional industries division of the state department of corrections, together with the jail administrator selected from a city or a county with an established jail industries program, no later than six months after the effective date of this act. Subsequent meetings of the board shall be at the call of the board chairperson. The board shall meet at least twice a year.
The board shall elect a chairperson and other such officers as it deems appropriate. However, the chairperson may not be the representative of the correctional industries division of the state department of corrections nor any representative from a state executive branch agency.
Members of the board shall serve terms of three years each on a staggered schedule to be established by the first board. For purposes of initiating a staggered schedule of terms, some members of the first board may initially serve two years and some members may initially serve four years.
The members of the board shall serve without compensation but may be reimbursed for travel expenses from funds acquired under this chapter.
NEW SECTION. Sec. 9. A city or a county that implements a jail industries program may establish a separate fund for the operation of the program. This fund shall be a special revenue fund with continuing authority to receive income and pay expenses associated with the jail industries program.
NEW SECTION. Sec. 10. Cities and counties participating in jail industries are authorized to provide for comprehensive work programs using jail inmate workers at worksites within jail facilities or at such places within the city or county as may be directed by the legislative authority of the city or county, as similarly provided under RCW 36.28.100.
NEW SECTION. Sec. 11.
When an offender is employed in a jail industries program for which pay is allowed, deductions may be made from these earnings for court-ordered legal financial obligations as directed by the court in reasonable amounts that do not unduly discourage the incentive to work. These deductions shall be disbursed as directed in RCW 9.94A.145.In addition, inmates working in jail industries programs shall contribute toward costs to develop, implement, and operate jail industries programs. This amount shall be a reasonable amount that does not unduly discourage the incentive to work. The amount so deducted shall be deposited in the jail industries special revenue fund.
Upon request of the offender, family support may also be deducted and disbursed to a designated family member.
NEW SECTION. Sec. 12.
A jail inmate who works in a free venture industry shall be considered an employee of that industry only for the purpose of the Washington industrial safety and health act, chapter 49.17 RCW, as long as the public safety is not compromised, and for eligibility for industrial insurance benefits under Title 51 RCW. However, eligibility for benefits for either the inmate or the inmate's dependents or beneficiaries for temporary total disability or permanent total disability under RCW 51.32.090 or 51.32.060, respectively, shall not take effect until the inmate is discharged from custody by order of a court of appropriate jurisdiction. Nothing in this section shall be construed to confer eligibility for any industrial insurance benefits to any jail inmate who is employed in a nonfree venture industry.NEW SECTION. Sec. 13.
In the event of failure or discontinuance of a free venture industry agreement, responsibility for obligations under Title 51 RCW shall be borne by the city or county responsible for establishment of such free venture industry, as if the city or county had been the employing agency.NEW SECTION. Sec. 14. To the extent possible, jail industries programs shall be augmented by education and training to improve worker literacy and employability skills. Such education and training may include, but is not limited to, basic adult education, work towards a certificate of educational competence following successful completion of the general educational development test, vocational and preemployment work maturity skills training, and apprenticeship classes.
NEW SECTION. Sec. 15. Until sufficient funding is secured by the board to adequately provide staffing, basic staff assistance shall be provided, to the extent possible, by the department of corrections.
NEW SECTION. Sec. 16.
Sections 1 through 15 of this act shall constitute a new chapter in Title 36 RCW.NEW SECTION. Sec. 17.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "industries;" strike the remainder of the title and insert "and adding a new chapter to Title 36 RCW."
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed House Bill No. 1033, as amended by the Senate, 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 House Bill No. 1033, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1033, as amended by the Senate, 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McDonald and Vognild - 2.
ENGROSSED HOUSE BILL NO. 1033, as amended by the Senate, 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
HOUSE BILL NO. 1184, by Representatives Edmondson, Mastin, Sehlin, Bray, Ludwig and Grant
Modifying the requirements for the formation of a less than county-wide port district.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1184 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 House Bill No. 1184.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1184 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators McDonald and Vognild - 2.
HOUSE BILL NO. 1184, 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
HOUSE JOINT RESOLUTION NO. 4200, by Representatives Franklin, Zellinsky, Campbell and Kremen
Amending the Constitution to permit municipalities and state agencies to employ chaplains.
The joint resolution was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
Strike everything after page 1, line 7, and insert the following:
"Article I, section 11. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: PROVIDED, HOWEVER, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a state's, county's, or public hospital district's hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state."
On motion of Senator Talmadge, the rules were suspended, House Joint Resolution No. 4200, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Pelz: "Senator Franklin, would this measure allow public funds to be used to pay the salaries of these chaplains?"
Senator Franklin: "Yes."
Senator Pelz: "Why is that not in conflict with the separation of church and state provisions of the Constitution?"
Senator Franklin: "This is being allowed now, Senator Pelz, in our penal institutions and, also, in our mental institutions. I do not see a conflict at all, because the chaplains are not fostering any particular religion. They are serving as advisors."
Senator Pelz: "Thank you."
Further debate ensued.
PARLIAMENTARY INQUIRY
Senator Prentice: "A point of inquiry, Mr. President. Every morning, our sessions are opened up with a prayer. Do the clergy receive a stipend of any sort?"
REPLY BY THE PRESIDENT
President Pritchard: "Yes, they do."
Senator Prentice: "And that is paid from public funds?"
President Pritchard: "Paid from--yes, I guess that is right."
Senator Prentice: "So, then we've been violating the principle of church and--"
President Pritchard: "Not in my view, no."
Senator Prentice: "Well, that would be consistent, then, isn't that correct? That argument would be consistent. Therefore, I believe that in order to remain consistent--and there would be the same kind of separation. In fact, I would say that in a hospital or in a health care institution, perhaps, the ministering would be much more close than what we are receiving here at a one-shot deal. I would urge support of Senator Franklin. Thank you."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Resolution No. 4200, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Resolution No. 4200, as amended by the Senate, and the joint resolution passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, A., Smith, L., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 36.
Voting nay: Senators Cantu, Drew, Fraser, Loveland, Moore, Niemi, Pelz, Rinehart, Roach, Skratek, Spanel, Williams and Wojahn - 13.
HOUSE JOINT RESOLUTION NO. 4200, as amended by the Senate, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 1058, by Representatives Franklin, Zellinsky, Campbell, Kremen, Padden and L. Johnson
Providing for public hospital district chaplains.
The bill was read the second time.
MOTIONS
On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.44 RCW to read as follows:
Public hospital districts may employ chaplains for their hospitals, health care facilities, and hospice programs.
NEW SECTION. Sec. 2.
This act shall take effect on January 1, 1994, if the proposed amendment to Article I, section 11 of the state Constitution authorizing the legislature to permit public hospital districts to employ chaplains is validly submitted to and is approved and ratified by the voters at the next general election held. If the proposed amendment is not so approved and ratified, this act is void in its entirety."On motion of Senator Talmadge, the rules were suspended, House Bill No. 1058, as amended by the Senate, 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 House Bill No. 1058, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1058, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Erwin, Franklin, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Sellar, Sheldon, Smith, A., Smith, L., Snyder, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 37.
Voting nay: Senators Cantu, Drew, Fraser, Loveland, Niemi, Pelz, Rinehart, Roach, Skratek, Spanel, Williams and Wojahn - 12.
HOUSE BILL NO. 1058, as amended by the Senate, 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
HOUSE BILL NO. 1521, by Representative Valle (by request of Office of Financial Management)
Funding the state auditor municipal corporation division.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.09.270 and 1991 sp.s. c 16 s 920 are each amended to read as follows:
The expense of maintaining and operating the division ((shall be paid out of the state general fund: PROVIDED, That)) of municipal corporations and those expenses directly related to the prescribing of accounting systems, training, maintenance of working capital including reserves for late and uncollectable accounts and necessary adjustments to billings, and field audit supervision, shall be considered as expenses of auditing public accounts within the meaning of RCW 43.09.280 and 43.09.282, and shall be prorated for that purpose equally among all entities directly affected by such service.
((During the fiscal biennium ending June 30, 1993, the expense of maintaining and operating the division of municipal corporations shall be paid from the municipal revolving fund under RCW 43.09.282.))
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "office;" strike the remainder of the title and insert "amending RCW 43.09.270; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator Haugen, the rules were suspended, House Bill No. 1521, as amended by the Senate, 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 House Bill No. 1521, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1521, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, McCaslin, McDonald, Moore, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams and Winsley - 35.
Voting nay: Senators Anderson, Erwin, Jesernig, Loveland, McAuliffe, Nelson, Newhouse, Prince, Sellar, Sheldon, Smith, L., West and Wojahn - 13.
Absent: Senator Vognild - 1.
HOUSE BILL NO. 1521, as amended by the Senate, 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
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4403, by Representatives Heavey, Veloria, Long, Shin, Forner, Schmidt, R. Meyers, Johanson, Leonard, Chandler, Lisk, Pruitt, Ballasiotes and Morris
Advocating the creation of a task force to study issues on gambling.
The concurrent resolution was read the second time.
MOTIONS
On motion of Senator Moore, the following Committee on Labor and Commerce amendments were considered simultaneously and were adopted:
On page 2, line 2, after "dollar;" strike "and"
On page 2, line 3, after "and" insert "(4) the feasibility of merging the gambling commission, lottery commission, and horse racing commission into one state agency; and"
On page 2, line 4, after "of" strike "ten" and insert "eleven"
On page 2, line 5, after "members," insert "the governor or the governor's designee;"
On motion of Senator Moore, the rules were suspended, Engrossed House Concurrent Resolution No. 4403, as amended by the Senate, was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
POINT OF INQUIRY
Senator West: "Senator Moore, is it your intent with the amendment that you hung on this bill that the Horse Racing Commission should be merged with the Gambling Commission and that is what this committee should look to do?"
Senator Moore: "That is what the amendment says."
Senator West: "Do you think that is a good idea?"
Senator Moore: "Excuse me?"
Senator West: "Do you think merging the Horse Racing Commission and the Gambling Commission is a good idea?"
Senator Moore: "I'm delighted you asked, Senator, because I don't think it is a good idea."
Senator West: "Thank you."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Concurrent Resolution No. 4403, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Concurrent Resolution 4403, as amended by the Senate, and the concurrent resolution passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 1; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Talmadge and Winsley - 38.
Voting nay: Senators Anderson, Barr, McCaslin, Sellar, Smith, L., Sutherland, von Reichbauer, West, Williams and Wojahn - 10.
Absent: Senator Vognild - 1.
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4403, as amended by the Senate, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1837, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Kessler, Mielke and Zellinsky) (by request of Insurance Commissioner)
Regulating credit for reinsurance.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1837 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 House Bill No. 1837.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1837 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 HOUSE BILL NO. 1837, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1157, by House Committee on Human Services (originally sponsored by Representatives Ludwig, Riley, Chappell, Johanson, Foreman, Appelwick, H. Myers, Scott, Jones, Leonard, Franklin, Springer and Karahalios)
Specifying a procedure for emancipation of minors.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Any minor who is sixteen years of age or older and who is a resident of this state may petition in the superior court for a declaration of emancipation.
NEW SECTION. Sec. 2. (1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.
(2) A reasonable filing fee not to exceed fifty dollars shall be set by the court.
NEW SECTION. Sec. 3. The petitioner shall serve a copy of the filed petition and notice of hearing on the petitioner's parent or parents, guardian, or custodian at least fifteen days before the emancipation hearing. No summons shall be required. Service shall be waived if proof is made to the court that the address of the parent or parents, guardian, or custodian is unavailable or unascertainable. The petitioner shall also serve notice of the hearing on the department if the petitioner is subject to dependency disposition order under RCW 13.34.130. The hearing shall be held no later than sixty days after the date on which the petition is filed.
NEW SECTION. Sec. 4. The hearing on the petition shall be before a judge, sitting without a jury. Prior to the presentation of proof the judge shall determine whether: (1) The petitioning minor understands the consequences of the petition regarding his or her legal rights and responsibilities; (2) a guardian ad litem should be appointed to investigate the allegations of the petition and file a report with the court.
NEW SECTION. Sec. 5. (1) The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a dependent minor, the department, may oppose the petition for emancipation. The court shall deny the petition unless it finds, by clear and convincing evidence, that denial of the grant of emancipation would be detrimental to the interests of the minor.
(3) Upon entry of a decree of emancipation by the court the petitioner shall be given a certified copy of the decree. The decree shall instruct the petitioner to obtain a Washington driver's license or a Washington identification card and direct the department of licensing make a notation of the emancipated status on the license or identification card.
NEW SECTION. Sec. 6. (1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving health care services.
(2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used; (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age.
NEW SECTION. Sec. 7. A declaration of emancipation obtained by fraud is voidable. The voiding of any such declaration shall not affect any obligations, rights, or interests that arose during the period the declaration was in effect.
NEW SECTION. Sec. 8. The office of the administrator for the courts shall prepare and distribute to the county court clerks appropriate forms for minors seeking to initiate a petition of emancipation.
Sec. 9. RCW 49.12.121 and 1989 c 1 s 3 are each amended to read as follows:
(1) The ((committee, or the director,)) department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. ((The minimum wage for minors shall be as prescribed in RCW 49.46.020.)) However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.
(2) The ((committee)) department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards ((set forth concerning)) for the health, safety, and welfare of minors as set forth in the rules ((and regulations promulgated)) adopted by the ((committee)) department. No minor person shall be employed in any occupation, trade, or industry subject to this 1973 amendatory act, unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.
(3) The minimum wage for minors shall be as prescribed in RCW 49.46.020.
NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 13 RCW.
NEW SECTION. Sec. 11. This act shall take effect January 1, 1994."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 49.12.121; adding a new chapter to Title 13 RCW; and providing an effective date."
MOTION
On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1157, as amended by the Senate, 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 House Bill No. 1157, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1157, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 42.
Voting nay: Senators Amondson, Anderson, Cantu, McCaslin, Oke, Sellar and Smith, L. - 7.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1157, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 11:34 a.m., on motion of Senator Jesernig, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:04 p.m. by President Pritchard.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9272, Mary Riveland, as Director of the Department of Ecology, was confirmed.
Senators Fraser and Sellar spoke to the confirmation of Mary Riveland as Director of the Department of Ecology.
MOTIONS
On motion of Senator Oke, Senators Moyer and West were excused.
On motion of Senator Spanel, Senators Hargrove, Moore, Sutherland and Williams were excused.
APPOINTMENT OF MARY RIVELAND
The Secretary call the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, Vognild, von Reichbauer, Winsley and Wojahn - 43.
Excused: Senators Hargrove, Moore, Moyer, Sutherland, West and Williams - 6.
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9151, Jimmy Cason, as a member of the Investment Board, was confirmed.
MOTION
On motion of Senator Amondson, Senator McCaslin was excused.
APPOINTMENT OF JIMMY CASON
The Secretary call the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.
Excused: Senators Hargrove, McCaslin and Williams - 3.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1977, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Schoesler, Sheahan, Rayburn, Chappell, Vance, Morton, Dyer, Fuhrman, Long, Chandler, Brumsickle, Foreman and Mastin)
Clarifying authorization for water right certificate holders to participate in acreage expansion programs.
The bill was read the second time.
MOTION
On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1977 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 House Bill No. 1977.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1977 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, Drew, Erwin, Franklin, Fraser, Gaspard, 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, Winsley and Wojahn - 47.
Excused: Senators Hargrove and Williams - 2.
SUBSTITUTE HOUSE BILL NO. 1977, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Moyer was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1275, by House Committee on Environmental Affairs (originally sponsored by Representatives R. Fisher, Schmidt, R. Meyers, Brown, Jones, Shin and Horn) (by request of Department of Transportation)
Exempting site exploration from shorelines management regulation.
The bill was read the second time.
MOTIONS
Senator Owen moved that the following Committee on Natural Resources amendment be adopted:
On page 6, line 17, strike all of subsection (E) and insert the following:
"(E) The local government exempts the activity in writing within thirty days of receipt of a request. A city or county may require that a private project proponent file a bond to ensure restoration of the site to preexisting conditions."
Senator Sutherland moved that the following amendment by Senators Sutherland and Erwin to the Committee on Natural Resources amendment be adopted:
On page 1, line 8 of the Natural Resources Committee amendment, after "request." strike the remainder of the language
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Sutherland and Erwin on page 1, line 8, to the Committee on Natural Resources amendment on page 6, line 17, to Substitute House Bill No. 1275.
The motion by Senator Sutherland carried and the amendment to the committee amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Natural Resources amendment on page 6, line 17, as amended, to Substitute House Bill No. 1275.
The Committee on Natural Resources amendment on page 6, line 17, as amended, to Substitute House Bill No. 1275, was adopted.
MOTION
Senator Owen moved that the following amendment by Senators Owen and Hargrove be adopted:
On page 4, line 22, strike "two" and insert "((two)) eight"
POINT OF ORDER
Senator Fraser: "Mr. President, I rise to request a ruling on the scope and object of this amendment. The bill, as a whole, is an act relating to the exclusion of site exploration as a substantial shoreline development. The amendment changes the level of the exemption for all substantial development permits under the State Shoreline Management Act, so it substantially broadens the bill. The bill deals only with site exploration. The amendment goes beyond it."
Further debate ensued.
MOTION
On motion of Senator Jesernig, further consideration of Substitute House Bill No. 1275 was deferred.
SECOND READING
HOUSE BILL NO. 1476, by Representatives Wineberry, Ballard, Shin, G. Cole, Brough, Ogden, Forner, J. Kohl, Veloria, Vance, Leonard, Casada, Miller, Ballasiotes, Foreman, Chandler, Wood, Cooke, H. Myers and Lisk (by request of Human Rights Commission)
Revising provisions relating to meeting federal fair housing act requirements for housing equivalency.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, House Bill No. 1476 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 House Bill No. 1476.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1476 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
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, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Talmadge, von Reichbauer, West, Winsley and Wojahn - 44.
Voting nay: Senators Newhouse, Sutherland and Vognild - 3.
Excused: Senators Moyer and Williams - 2.
HOUSE BILL NO. 1476, 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
HOUSE BILL NO. 1838, by Representatives R. Johnson, Mielke, R. Meyers, Rayburn, King, Kremen and Holm (by request of Insurance Commissioner)
Requiring minimum standards for benefits in medicare supplement insurance.
The bill was read the second time.
MOTION
On motion of Senator Moore, the rules were suspended, House Bill No. 1838 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 House Bill No. 1838.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1838 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, 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, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Absent: Senator Sellar - 1.
Excused: Senator Moyer - 1.
HOUSE BILL NO. 1838, 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 Spanel, Senator Loveland was excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 1484, by Representatives King, Orr and Fuhrman (by request of Department of Wildlife)
Creating a wildlife violator compact.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Engrossed House Bill No. 1484 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 House Bill No. 1484.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1484 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, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, 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 - 47.
Excused: Senators Loveland and Moyer - 2.
ENGROSSED HOUSE BILL NO. 1484, 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
HOUSE BILL NO. 1068, by Representatives Padden, Appelwick, Ludwig, Riley, Chappell, Campbell, Schmidt, Long, Tate, Ballasiotes, Dyer, Johanson and Thomas
Providing for registration of transfer on death securities.
The bill was read the second time.
MOTIONS
On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Beneficiary form" means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner, referred to as a "beneficiary."
(2) "Devisee" means any person designated in a will to receive a disposition of real or personal property.
(3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) "Person" means an individual, a corporation, an organization, or other legal entity.
(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(10) "Security account" means (a) a reinvestment account associated with a security; a securities account with a broker; a cash balance in a brokerage account; or cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
NEW SECTION. Sec. 2. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form shall hold the security as joint tenants with right of survivorship either as separate property or as community property, and not as tenants in common.
NEW SECTION. Sec. 3. A registering entity may register a security in beneficiary form if the form is authorized by this chapter or a substantially identical statute of another state if the state is: (1) The state of organization of the issuer or registering entity, (2) the location of the registering entity's principal office, (3) the location of the office of its transfer agent or its office making the registration, or (4) the location of the owner's listed address at the time of registration. A registration governed by the law of a jurisdiction in which this or substantially identical legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
NEW SECTION. Sec. 4. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of a sole owner or at the death of the last to die of multiple owners.
NEW SECTION. Sec. 5. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner or owners and before the name of a beneficiary.
NEW SECTION. Sec. 6. The designation of a TOD or POD beneficiary on a registration in beneficiary form has no effect on ownership of the security until the owner's death, or on community property rights and obligations of owners. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners, without the consent of the beneficiary.
NEW SECTION. Sec. 7. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
NEW SECTION. Sec. 8. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.
(3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of a security in accordance with section 7 of this act and does so in good faith reliance (a) on the registration, (b) on this chapter, and (c) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
(4) The protection provided by this chapter to a registering entity does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
NEW SECTION. Sec. 9. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
(2) This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
NEW SECTION. Sec. 10. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (a) for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, and designating beneficiaries. Other rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.
(2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.
(b) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.
(c) Multiple owners-multiple beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. Peter Q. Brown.
NEW SECTION. Sec. 11. (1) This chapter shall be known as and may be cited as the uniform TOD security registration act.
(2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.
(3) Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement the provisions of this chapter.
NEW SECTION. Sec. 12. This chapter applies to registrations of securities in beneficiary form made before or after the effective date of this act, by decedents dying on or after the effective date of this act.
NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 21 RCW."
On motion of Senator Adam Smith, the following title amendment was adopted:
On page 1, line 1 of the title, after "securities;" strike the remainder of the title and insert "and adding a new chapter to Title 21 RCW."
MOTION
On motion of Senator Owen, the rules were suspended, House Bill No. 1068, as amended by the Senate, 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 House Bill No. 1068, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1068, as amended by the Senate, 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, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, 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 - 47.
Excused: Senators Loveland and Moyer - 2.
HOUSE BILL NO. 1068, as amended by the Senate, 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 CONCURRENT RESOLUTION NO. 8406, by Senators M. Rasmussen, Loveland, Barr, Haugen, Winsley, Anderson, Moyer, Prentice, Deccio, Bauer, Spanel, Skratek, Snyder, Franklin and Hochstatter
Creating a committee for agricultural housing and benefits.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Concurrent Resolution No. 8406 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8406.
Senate Concurrent Resolution No. 8406 was adopted by voice vote.
MOTION
On motion of Senator Spanel, Senator Moore was excused.
SECOND READING
HOUSE BILL NO. 1347, by Representatives Forner, Rayburn, Dyer, Thomas, Wood, Morton and Silver
Authorizing the department of agriculture to control diseases in alpacas and llamas.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1347 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 House Bill No. 1347.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1347 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, 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 - 45.
Voting nay: Senator Deccio - 1.
Excused: Senators Loveland, Moore and Moyer - 3.
HOUSE BILL NO. 1347, 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 McCaslin, Senator Amondson was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1452, by House Committee on Human Services (originally sponsored by Representatives Riley, Heavey, Brown, Flemming, Karahalios, Cooke, Wineberry, Valle, Romero, Leonard, G. Cole, Mielke, Anderson and Ballard)
Specifying information that must be made available to parties affected by adoption.
The bill was read the second time.
MOTION
On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1452 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 House Bill No. 1452.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1452 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 33.
Voting nay: Senators Anderson, Barr, Bluechel, Cantu, Hochstatter, McCaslin, Nelson, Oke, Owen, Prince, Sellar and von Reichbauer - 12.
Absent: Senator Newhouse - 1.
Excused: Senators Amondson, Moore and Moyer - 3.
SUBSTITUTE HOUSE BILL NO. 1452, 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
SUBSTITUTE HOUSE BILL NO. 1021, by House Committee on Local Government (originally sponsored by Representatives Springer, H. Myers and Morris)
Changing provisions relating to municipal ordinances.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:
(1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "municipal research council" means the municipal research council created by chapter 43.110 RCW.
(3) The clerk of every city and town is directed to provide to the municipal research council or its designee, after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the municipal research council or its designee from time to time, and may provide such copies without charge. The municipal research council may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory.
Sec. 2. RCW 35.27.320 and 1965 c 7 s 35.27.320 are each amended to read as follows:
The violation of an ordinance of a town shall be a misdemeanor or a civil violation subject to a monetary penalty, and may be prosecuted by the authorities thereof in the name of the people of the state of Washington ((or may be redressed by civil action)).
Any person sentenced to imprisonment may be imprisoned in the town jail, or if the council by ordinance shall so prescribe and if the county ((commissioners)) legislative authority have consented thereto, he or she may be imprisoned in the county jail, the expense thereof to be a charge against the town and in favor of the county.
Sec. 3. RCW 35.22.288 and 1988 c 168 s 1 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:
(1) The name of the city;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.
In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 4. RCW 35.23.310 and 1988 c 168 s 2 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:
(1) The name of the city;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.
In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
A certified copy of any ordinance certified to by the clerk, or a printed copy of any ordinance or compilation printed by authority of the city council and attested by the clerk shall be competent evidence in any court.
Sec. 5. RCW 35.24.220 and 1988 c 168 s 4 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:
(1) The name of the city;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.
In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 6. RCW 35.27.300 and 1988 c 168 s 5 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the town. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the town publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the town publishes the title, the publication shall include:
(1) The name of the town;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting town.
In addition to the requirement that a town publish the text or ((a summary of the content)) title of each adopted ordinance, every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the town's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the town determines will satisfy the intent of this requirement.
Sec. 7. RCW 35.30.018 and 1988 c 168 s 6 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the official newspaper of the city. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:
(1) The name of the city;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.
In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 8. RCW 35A.12.160 and 1988 c 168 s 7 are each amended to read as follows:
Promptly after adoption, the text or title of each ordinance ((or a summary of the content of each ordinance)) shall be published at least once in the city's official newspaper. ((For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.)) When the city publishes the title, the publication shall include:
(1) The name of the city;
(2) The formal identification or citation number of the ordinance;
(3) The full title of the ordinance; and
(4) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
An inadvertent mistake or omission in publishing the title's text or ((a summary of)) the content of an ordinance shall not render the ordinance invalid.
The full text of any ordinance, the title rather than the text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting city.
In addition to the requirement that a city publish the text or ((a summary of the content)) title of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement.
Sec. 9. RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:
(1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish ((a summary)) the title of the ordinance ((which summary shall be approved by the governing body and)), which shall include:
(a) The name of the county, city, or town;
(b) The formal identification or citation number of the ordinance;
(c) ((A descriptive)) The full title of the ordinance; and
(d) ((A section-by-section summary;
(e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and
(f))) A statement that the full text will be mailed upon request made within ninety days after publication of the title.
(2) ((Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3))) The full text of any ordinance ((which is summarized by publication)), the title rather than the full text of which is published under this section, shall be mailed without charge to any person who requests the text within ninety days after publication of the title from the adopting county, city, or town."
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "towns;" strike the remainder of the title and insert "amending RCW 35.27.320, 35.22.288, 35.23.310, 35.24.220, 35.27.300, 35.30.018, 35A.12.160, and 65.16.160; adding a new section to chapter 35.21 RCW; and prescribing penalties."
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1021, as amended by the Senate, 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 House Bill No. 1021, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1021, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Excused: Senators Amondson, Moore and Moyer - 3.
SUBSTITUTE HOUSE BILL NO. 1021, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1545, by House Committee on Judiciary (originally sponsored by Representative Appelwick)
Changing provisions relating to municipal courts.
The bill was read the second time.
MOTIONS
Senator Adam Smith moved that the following Committee on Law and Justice amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 3.46 RCW to read as follows:
Any city that terminates a municipal department under this chapter may not establish another municipal department under this chapter until at least ten years have elapsed from the date of termination.
NEW SECTION. Sec. 2. A new section is added to chapter 3.50 RCW to read as follows:
Any city that terminates a municipal court under this chapter may not establish another municipal court under this chapter until at least ten years have elapsed from the date of termination.
NEW SECTION. Sec. 3. A new section is added to chapter 3.46 RCW to read as follows:
Notwithstanding RCW 3.46.050 and 3.46.060, judicial positions may be filled only by election under the following circumstances:
(1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall be filled by election.
NEW SECTION. Sec. 4. A new section is added to chapter 3.50 RCW to read as follows:
Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances:
(1) Each full-time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election.
NEW SECTION. Sec. 5. A new section is added to chapter 3.46 RCW to read as follows:
A judge of a municipal department of a district court need not be a resident of the city in which the department is created, but must be a resident of the county in which the city is located.
NEW SECTION. Sec. 6. A new section is added to chapter 3.50 RCW to read as follows:
A judge of a municipal court need not be a resident of the city in which the court is created, but must be a resident of the county in which the city is located.
Sec. 7. RCW 3.50.090 and 1984 c 258 s 112 are each amended to read as follows:
The mayor shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of a municipal court or subsequent to the filing of an affidavit of prejudice. The judges pro tem shall be qualified to hold the position of judge of the municipal court as provided herein. The municipal court judges pro tem shall receive ((such compensation as shall be fixed by the ordinances of the legislative body of the city or town wherein the municipal court is located)) a pro rata share of the salary set for a full-time municipal court judge. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor.
NEW SECTION. Sec. 8. A new section is added to chapter 3.62 RCW to read as follows:
District courts shall take all steps necessary to promote efficiencies in calendaring in order to minimize costs to cities that use the district courts. Cities shall cooperate with the district courts in order to minimize those costs.
Sec. 9. RCW 3.62.070 and 1984 c 258 s 39 are each amended to read as follows:
Except in traffic cases wherein bail is forfeited or a monetary penalty paid to a violations bureau, and except in cases filed in municipal departments established pursuant to chapter 3.46 RCW and except in cases where a city has contracted with another city for such services pursuant to chapter 39.34 RCW, in every criminal or traffic infraction action filed by a city for an ordinance violation, the city shall be charged a filing fee determined pursuant to an agreement as provided for in chapter 39.34 RCW, the interlocal cooperation act, between the city and the county providing the court service. In such criminal or traffic infraction actions the cost of providing services necessary for the preparation and presentation of a defense at public expense are not within the filing fee and shall be paid by the city. In all other criminal or traffic infraction actions, no filing fee shall be assessed or collected: PROVIDED, That in such cases, for the purposes of RCW 3.62.010, four dollars or the agreed filing fee of each fine or penalty, whichever is greater, shall be deemed filing costs. ((In the event no agreement is reached between a municipal corporation and the county providing the court service within ninety days of September 1, 1979, the municipal corporation and the county shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter 7.04 RCW, and the municipal corporation and the county shall be entitled to the same rights and subject to the same duties as other parties who have agreed to submit to arbitration pursuant to chapter 7.04 RCW. In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne by the county in providing district court services for such city.))
If, one hundred twenty days before the expiration of an existing contract under this section, the city and the county are unable to agree on terms for renewal, the matter shall be submitted to binding arbitration. The city and the county shall each select one arbitrator, the two of whom shall pick a third arbitrator. The existing contract shall remain in effect until a new agreement is reached or until an arbitration award is made.
Sec. 10. RCW 42.12.010 and 1981 c 180 s 4 are each amended to read as follows:
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) His or her removal;
(4) Except as provided in sections 5 and 6 of this act, his or her ceasing to be a legally qualified elector of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.
Sec. 11. RCW 29.15.025 and 1991 c 178 s 1 are each amended to read as follows:
(1) A person filing a declaration and affidavit of candidacy for an office shall, at the time of filing, possess the qualifications specified by law for persons who may be elected to the office.
(2) The name of a candidate for an office shall not appear on a ballot for that office unless, except as provided in sections 5 and 6 of this act, the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration and affidavit of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations and affidavits of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
(3) This section does not apply to the office of a member of the United States congress.
NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 13. This act shall take effect January 1, 1995."
On motion of Senator Wojahn, the following amendment by Senators Wojahn, Winsley, Gaspard and Franklin to the striking Committee on Law and Justice amendment was adopted:
On page 2, line 20 of the amendment, strike all of section 7, renumber the remaining sections consecutively, and correct internal references accordingly.
The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 1545.
The Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 1545 was adopted.
MOTIONS
On motion of Senator Adam Smith, the following title amendments were considered simultaneously and were adopted:
On line 1 of the title, after "courts;" strike the remainder of the title and insert "amending RCW 3.50.090, 3.62.070, 42.12.010, and 29.15.025; adding new sections to chapter 3.46 RCW; adding new sections to chapter 3.50 RCW; adding a new section to chapter 3.62 RCW; and providing an effective date."
On page 5, line 19 of the title amendment, after "RCW" strike "3.50.090,"
On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1545, as amended by the Senate, 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 House Bill No. 1545, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1545, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, Williams, Winsley and Wojahn - 41.
Voting nay: Senators Barr, Bluechel, Cantu, Newhouse, Sellar and West - 6.
Excused: Senators Amondson and Moyer - 2.
SUBSTITUTE HOUSE BILL NO. 1545, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1211, by House Committee on Education (originally sponsored by Representatives Ogden, Brumsickle, Franklin, Jacobsen, Carlson, Springer, Orr, Leonard, H. Myers and Basich)
Authorizing educational service districts to provide cooperative and informational services to local school districts.
The bill was read the second time.
MOTIONS
On motion of Senator Bauer, the following Committee on Education amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.310.200 and 1990 c 159 s 1 and 1990 c 33 s 278 are each reenacted and amended to read as follows:
In addition to other powers and duties as provided by law, every educational service district board shall:
(1) Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter.
(2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the chair or a majority of the board.
(3) Approve the selection of educational service district personnel and clerical staff as provided in RCW 28A.310.230.
(4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding.
(5) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district.
(6) Acquire by borrowing funds or by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes. No real property shall be acquired or alienated without the prior approval of the state board of education and the acquisition or alienation of all such property shall be subject to such provisions as the board may establish. When borrowing funds for the purpose of acquiring property, the educational service district board shall pledge as collateral the property to be acquired. Borrowing shall be evidenced by a note or other instrument between the district and the lender. The authority to borrow under this subsection shall be limited to educational service districts serving a minimum of two hundred thousand students in grades kindergarten through twelve.
(7) Under RCW 28A.310.010, upon the written request of the board of directors of a local school district or districts served by the educational service district, the educational service district board of directors may provide cooperative and informational services not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that support the education of preschool through twelfth grade students in the public schools or that support the effective, efficient, or safe management and operation of the school district or districts served by the educational service district.
(8) Adopt such bylaws and rules and regulations for its own operation as it deems necessary or appropriate.
(((8))) (9) Enter into contracts, including contracts with common and educational service districts and the school for the deaf and the school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW 28A.310.180(3), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts.
NEW SECTION. Sec. 2. The Washington state institute for public policy shall submit to the legislature by January 10, 1994, a report with recommendations for the design of a comprehensive study of the role and performance of educational service districts."
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "reenacting and amending RCW 28A.310.200; and creating a new section."
MOTION
On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1211, as amended by the Senate, 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 House Bill No. 1211, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1211, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.
Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 45.
Voting nay: Senator Anderson - 1.
Absent: Senators Moore and Rinehart - 2.
Excused: Senator Moyer - 1.
SUBSTITUTE HOUSE BILL NO. 1211, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1061, by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Rayburn, Chandler, Schoesler, Lisk, Grant, Hansen and Morton)
Modifying irrigation district mergers.
The bill was read the second time.
MOTIONS
On motion of Senator Rasmussen, the following Committee on Agriculture amendments were considered simultaneously and were adopted:
On page 1, beginning on line 16, delete "twenty-five" and insert "thirty"
On page 6, line 14, after "than" delete "twenty-five" and insert "thirty"
On motion of Senator Rasmussen, the following amendment by Senators Rasmussen and Newhouse was adopted:
On page 6, after line 17, insert the following:
"NEW SECTION. Sec. 8. Nothing in RCW 87.03.530(2) and sections 2 through 7 of this act shall authorize the impairment or operate to impair any existing water rights."
Renumber the remaining sections accordingly
MOTION
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1061, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Bauer, Senator Vognild was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1061, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1061, as amended by the Senate, 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Moyer and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1061, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1612, by House Committee on Appropriations (originally sponsored by Representatives Morton, King, Basich, Kremen, Sheldon, Foreman, Fuhrman, Chandler and Padden)
Testing the feasibility of remote site incubators for salmon enhancement.
The bill was read the second time.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1612 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 House Bill No. 1612.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1612 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, 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, von Reichbauer, West, Williams, Winsley and Wojahn - 47.
Excused: Senators Moyer and Vognild - 2.
SUBSTITUTE HOUSE BILL NO. 1612, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Oke, Senator Winsley was excused.
SECOND READING
HOUSE BILL NO. 1024, by Representatives Rayburn, Edmondson, Bray and Dunshee
Extending the maturity date for general obligation bonds issued by fire protection districts.
The bill was read the second time.
MOTIONS
On motion of Senator Drew, the following Committee on Government Operations amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 52.16.061 and 1984 c 186 s 39 are each amended to read as follows:
The board of fire commissioners of the district shall have authority to contract indebtedness and to refund same for any general district purpose, including expenses of maintenance, operation and administration, and the acquisition of firefighting facilities, and evidence the same by the issuance and sale of general obligation bonds of the district payable at such time or times not longer than ((six)) twenty years from the issuing date of the bonds. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW. Such bonds shall not exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the fire protection district, as the term "value of the taxable property" is defined in RCW 39.36.015."
On motion of Senator Drew, the following title amendment was adopted:
On page 1, line 2 of the title, after "district;" strike the remainder of the title and insert "and amending RCW 52.16.061."
MOTION
On motion of Senator Drew, the rules were suspended, House Bill No. 1024, as amended by the Senate, 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 House Bill No. 1024, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1024, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, 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 and Wojahn - 45.
Voting nay: Senators Cantu and McCaslin - 2.
Excused: Senators Moyer and Winsley - 2.
HOUSE BILL NO. 1024, as amended by the Senate, 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 House Bill No. 1275 and the pending amendment by Senators Owen and Hargrove on page 4, line 22, deferred earlier today.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Fraser, the President finds that Substitute House Bill No. 1275 is a measure which provides that site exploration and investigation activities, as defined, are not subject to the requirements of substantial development permits.
"The amendment by Senators Owen and Hargrove on page 4, line 22, would change the definition of 'substantial development' as it relates to all shoreline and water activities.
"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 Owen and Hargrove on page 4, line 22, to Substitute House Bill No. 1275 was ruled out of order.
MOTION
Senator Hargrove moved that the following amendment by Senators Hargrove, Owen and Amondson be adopted:
On page 6, line 21, after "met" insert "; or
(F) The activity involves any other development of which the total cost or fair market value does not exceed eight thousand five hundred dollars"
POINT OF ORDER
Senator Spanel: "A point of order, Mr. President. I would request a ruling on the scope and object of this amendment. I would say similar things to what were said on the previous amendment. This does change the Shorelines Management Act. It is a major change in the substantial development by changing that allowance up to the eighty-five hundred mark."
Further debate ensued.
RULING BY THE PRESIDENT
President Pritchard: "In ruling upon the point of order raised by Senator Spanel, the President finds that Substitute House Bill No. 1275 is a measure which provides that site exploration and investigation activities, as defined, are not subject to the requirements of substantial development permits.
"The amendment by Senators Hargrove, Owen and Amondson on page 6, line 21, would add an additional qualification to the definition of site exploration and investigation.
"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 Senators Hargrove, Owen and Amondson on page 6, line 21, to Substitute House Bill No. 1275 was ruled in order.
The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Owen and Amondson on page 6, line 21, to Substitute House Bill No. 1275.
Debate ensued.
The amendment by Senators Hargrove, Owen and Amondson on page 6, line 21, to Substitute House Bill No. 1275 was adopted on a rising vote.
MOTION
On motion of Senator Owen, the rules were suspended, Substitute House Bill No. 1275, as amended by the Senate, 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 House Bill No. 1275, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1275, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 9; Absent, 0; Excused, 2.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, L., Snyder, Sutherland, Vognild, von Reichbauer, West and Williams - 38.
Voting nay: Senators Drew, Haugen, Pelz, Rinehart, Skratek, Smith, A., Spanel, Talmadge and Wojahn - 9.
Excused: Senators Moyer and Winsley - 2.
SUBSTITUTE HOUSE BILL NO. 1275, as amended by the Senate, 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
SUBSTITUTE HOUSE BILL NO. 1122, by House Committee on Local Government (originally sponsored by Representatives Pruitt, Schmidt, Zellinsky, H. Myers, Thomas, Dunshee, Valle, R. Meyers, Basich, Brough and Quall)
Changing provisions relating to excess levies in park and recreation districts and service areas.
The bill was read the second time.
MOTION
Senator Haugen moved that the following amendments by Senators Haugen and Loveland be considered simultaneously and be adopted:
On page 1, line 15, after "maximum of" strike "seventy-five" and insert "thirty"
On page 2, line 34, after "((fifteen))" strike "seventy-five" and insert "thirty"
On page 4, line 21, after "((fifteen))" strike "seventy-five" and insert "thirty"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Haugen and Loveland on page 1, line 15; page 2, line 34; and page 4, line 21; to Substitute House Bill No. 1122.
The motion by Senator Haugen carried and the amendments were adopted.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1122, as amended by the Senate, 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 House Bill No. 1122, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1122, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 0; Excused, 2.
Voting yea: Senators Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams and Wojahn - 41.
Voting nay: Senators Amondson, Anderson, Cantu, Hochstatter, Newhouse and Quigley - 6.
Excused: Senators Moyer and Winsley - 2.
SUBSTITUTE HOUSE BILL NO. 1122, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Jesernig, House Bill No. 1204, House Bill No. 1206 and Substitute House Bill No. 1254, which were on the second reading calendar, were referred to the Committee on Rules.
MOTION
At 3:00 p.m., on motion of Senator Jesernig, the Senate adjourned until 9:00 a.m., Wednesday, April 7, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate