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EIGHTY-EIGHTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Thursday, April 8, 1993

     The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Bluechel, Erwin, Haugen, Pelz and Vognild. On motion of Senator Roach, Senators Bluechel and Erwin were excused. On motion of Senator Spanel, Senators Haugen, Pelz and Vognild were excused.

     The Sergeant at Arms Color Guard, consisting of Pages Tami Zeitler and Ben Oliver, 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


WASHINGTON HORSE RACING COMMISSION

3700 Martin Way

Suite 101

Olympia, Washington 98506


Governor Mike Lowry and

     Members of the Legislature

State of Washington


Ladies and Gentlemen:

     Pursuant to the provisions of the Washington Horse Racing Act, House Bill No. 59, Legislature of the state of Washington, the same being Chapter 55, of the Laws of 1933, as amended (RCW 67.16.010-67.16.900), the Washington Horse Racing Commission herewith submits its thirty-sixth report for the period beginning January 1, 1992, to and including December 31, 1992.

Respectfully submitted,

WASHINGTON HORSE RACING COMMISSION

Warren Chinn, Chairman

Lyle Smith, Commissioner

Barbara Black, Commission

Will Bachofner, Executive Secretary


     The Select Committee Report is on file in the Office of the Secretary of the Senate.


MESSAGES FROM THE HOUSE


April 7, 1993


MR. PRESIDENT:

     The House has passed:

     SUBSTITUTE SENATE BILL NO. 5026,

     SENATE BILL NO. 5053,

     SENATE BILL NO. 5077,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5110,

     SENATE BILL NO. 5233, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 7, 1993


MR. PRESIDENT:

     The House has passed:


     SUBSTITUTE SENATE BILL NO. 5313,

     SUBSTITUTE SENATE BILL NO. 5432,

     SUBSTITUTE SENATE BILL NO. 5487,

     SENATE BILL NO. 5546, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 7, 1993


MR. PRESIDENT:

     The Speaker has signed:

     HOUSE BILL NO. 1130,

     HOUSE BILL NO. 1216,

     HOUSE BILL NO. 1217,

     ENGROSSED HOUSE BILL NO. 1238,

     SUBSTITUTE HOUSE BILL NO. 1253,

     HOUSE BILL NO. 1255,

     HOUSE BILL NO. 1400,

     SUBSTITUTE HOUSE BILL NO. 1480,

     ENGROSSED HOUSE BILL NO. 1481,

     SUBSTITUTE HOUSE BILL NO. 1527,

     SUBSTITUTE HOUSE BILL NO. 1578,

     HOUSE BILL NO. 1643,

     ENGROSSED HOUSE JOINT MEMORIAL NO. 4000,

     SENATE BILL NO. 5067,

     SENATE BILL NO. 5070,

     SENATE BILL NO. 5126,

     SENATE BILL NO. 5128,

     SENATE BILL NO. 5265,

     SUBSTITUTE SENATE BILL NO. 5802,

     SENATE JOINT MEMORIAL NO. 8017, and the same are herewith transmitted.

ALAN THOMPSON, Chief Clerk


April 7, 1993


MR. PRESIDENT:

     The House has passed ENGROSSED SENATE BILL NO. 5831, and the same is herewith transmitted.

ALAN THOMPSON, Chief Clerk



INTRODUCTION AND FIRST READING

 

SB 5975          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to extradition agents; amending RCW 10.34.030; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5976          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to legal advertising of state measures; amending RCW 29.27.074; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5977          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to the verification of initiative and referendum petitions; amending RCW 29.79.200; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5978          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to disposition of motor vehicle excise tax revenue; amending RCW 82.44.110; reenacting and amending RCW 82.44.150; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5979          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to earnings on the balances of certain treasury accounts; amending RCW 43.84.092 and 43.79A.040; and providing an effective date.

 

Referred to Committee on Ways and Means.

 

SB 5980          by Senators Owen, Spanel and Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to fishing licenses; amending RCW 75.25.005, 75.25.080, 75.25.110, 75.25.120, 75.25.140, 75.25.150, 75.25.180, 75.50.100, and 82.27.020; adding new sections to chapter 75.25 RCW; creating a new section; and repealing RCW 75.25.015, 75.25.040, 75.25.090, 75.25.100, and 75.25.126.

 

Referred to Committee on Ways and Means.

 

SB 5981          by Senators Owen, Spanel and Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to imposing fees for certain forest practices; amending RCW 76.09.010, 76.09.040, 76.09.050, and 76.09.060; adding a new section to chapter 76.09 RCW; and declaring an emergency.

 

Referred to Committee on Ways and Means.

 

SB 5982          by Senator Rinehart (by request of Office of Financial Management)

 

AN ACT Relating to higher education tuition; amending RCW 28B.15.031, 28B.15.100, 28B.15.202, 28B.15.225, 28B.15.380, 28B.15.402, 28B.15.502, 28B.15.515, 28B.15.520, 28B.15.522, 28B.15.527, 28B.15.543, 28B.15.545, 28B.15.556, 28B.15.615, 28B.15.620, 28B.15.628, 28B.15.725, 28B.15.730, 28B.15.740, 28B.15.750, 28B.15.756, 28B.50.259, 28B.70.050, 28B.80.580, and 82.33.020; and repealing RCW 28B.15.824 and 28B.15.910.

 

Referred to Committee on Ways and Means.


     President Pro Tempore Wojahn assumed the Chair.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


     On motion of Senator Fraser, Gubernatorial Appointment No. 9251, Sheri Tonn, as a member of the Puget Sound Water Quality Authority, was confirmed.


APPOINTMENT OF SHERI TONN


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 44.

     Excused: Senators Bluechel, Erwin, Haugen, Pelz and Vognild - 5.


MOTION


     On motion of Senator Fraser, Gubernatorial Appointment No. 9258, Terry Williams, as a member of the Puget Sound Water Quality Authority, was confirmed.


APPOINTMENT OF TERRY WILLIAMS


     The Secretary called 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, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.

     Excused: Senators Bluechel, Erwin and Pelz - 3.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1219, by House Committee on Appropriations (originally sponsored by Representatives Orr, Locke, Heavey, Basich, Jones, Dellwo, Dunshee, Bray, Wang, Jacobsen, R. Meyers, Springer, Veloria, G. Cole, King, Johanson and Franklin)

 

Creating the public works administration account.


     The bill was read the second time.


MOTIONS


     On motion of Senator Moore, the following Committee on Labor and Commerce amendment was adopted:

     On page 2, after line 27, insert the following:

     "Sec. 3. RCW 39.12.042 and 1989 c 12 s 11 are each amended to read as follows:

     If any agency of the state, or any county, municipality, or political subdivision created by its laws shall ((wilfully)) knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, or political subdivision created by its laws, shall be liable to all workers, laborers, or mechanics to the full extent and for the full amount of wages due, pursuant to the prevailing wage requirements of RCW 39.12.020."

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


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

     On page 1, line 2 of the title, after "39.12.070" insert "and 39.12.042"


MOTION


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1219, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1219, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1219, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 29.

     Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Sellar, Smith, L., von Reichbauer and West - 17.

     Excused: Senators Bluechel, Erwin and Pelz - 3.

     SUBSTITUTE HOUSE BILL NO. 1219, 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 SUBSTITUTE HOUSE BILL NO. 1135, by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Kremen, Ballard, Linville, Foreman, Rayburn, Padden, R. Johnson, Grant, Schoesler, Lisk, Fuhrman, Morris, Morton, Brough, Sheahan, Finkbeiner, Quall, Miller and Anderson)

 

Modifying the regulation of "alternative livestock."


     The bill was read the second time.


MOTION


     Senator Rasmussen moved that the following Committee on Agriculture amendment not be adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation may provide a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.

      The legislature intends to establish a process to identify vertebrate animal species that may be commercially raised in the state of Washington.

      The legislature finds that many areas of the state of Washington may be suitable for alternative livestock farms, and therefore the legislature encourages the promotion of alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

      The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. The legislature further finds, however, that alternative livestock farming may pose threats to the state's wildlife, and therefore requires effective regulation to minimize these threats.

      It is therefore the policy of this state to encourage the development and expansion of alternative livestock farming within the state. It is also the policy of this state to protect wildlife and existing traditional livestock industries by providing for effective regulation of alternative livestock farming including but not limited to a disease inspection and control program for alternative livestock farming operations.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Alternative livestock" means those species designated under the provisions of section 10 of this act so long as they are: Confined by humans; raised or used in farm or ranch operations in the private sector; and produced on the farm or ranch or legally acquired for the farm or ranch. "Alternative livestock" shall not include: Resident wildlife species that currently exist in a wild state in the state of Washington; domestic dogs (canis familiaris) or domestic cats (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; animals raised for release into the wild; animals raised for the purpose of hunting that takes place in this state; or fur farming and game farming as currently allowed and regulated by chapters 16.72 and 77.32 RCW.

      (2) "Alternative livestock farm or ranch" means the farm or ranch upon which alternative livestock are reared and shall not include publicly and privately owned facilities for which a license or permit is required under RCW 77.12.570 or 77.32.010.

      (3) "Alternative livestock products" means the agricultural products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 5 of this act and is not identified as required.

      (4) "Department" means the department of agriculture.

      (5) "Traditional livestock" means horses, mules, cattle, sheep, swine, goats, poultry, and rabbits, and other species designated jointly by the director of agriculture and director of wildlife pursuant to section 10 of this act.

      NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products. The department shall consult the alternative livestock council in developing the program.

      NEW SECTION. Sec. 4. It is unlawful to hunt or allow others to hunt for a fee, any alternative livestock reared on or derived from an alternative livestock farm.

      NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the director of wildlife and the alternative livestock council, establish methods of identification requirements, such as tattoos, branding, or eartags, for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of wildlife to effectively administer and enforce Title 77 RCW. The director shall also consult with the director of the department of wildlife to ensure that such rules enable the department of wildlife to enforce the programs administered under that title.

      NEW SECTION. Sec. 6. The department of agriculture shall, in consultation with the department of wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the traditional and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.

      The department of agriculture shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department of agriculture shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.

      NEW SECTION. Sec. 7. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department of agriculture. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data. The director of agriculture and the director of wildlife shall, in consultation with the alternative livestock council, establish by rule reasonable annual registration fees sufficient to cover the costs of development of rules and the administration of this chapter and the rules adopted under this chapter. Fees may differ between species based upon factors including but not limited to economic value, degree of services required, and complexity of regulations. Fees collected under this section shall be deposited in the alternative livestock farm account within the agricultural local fund established in RCW 43.23.230 and the wildlife fund established in RCW 77.12.170 and shall be used solely to carry out the provisions of this chapter.

      NEW SECTION. Sec. 8. The director of agriculture and the director of wildlife shall study the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to traditional livestock, wildlife, and alternative livestock.

      If an animal is not enclosed as required for the animal in rules adopted under this section or if it is found by a state wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required for it in rules adopted under this section, the animal so unenclosed or so found is hereby declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.

      Alternative livestock that escape a required enclosure and are recaptured may be impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvement are made to assure that release will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.

      NEW SECTION. Sec. 9. Growers of nontraditional animals shall register within one hundred eighty days of the effective date of this act. The registration grants no future right or change to the legal status until the department of wildlife and the department of agriculture jointly take some action. This registration will not in any way be construed to initiate the petition or designation process established in section 10 of this act.

      NEW SECTION. Sec. 10. (1) A vertebrate animal identification process is hereby established. The purpose of the process is to provide a method by which animals are classified as alternative or traditional livestock.

      (2) Species that are designated as traditional livestock shall be regulated by the department of agriculture. Species in addition to those specified in section 2(5) of this act may be designated as traditional livestock by joint rule adopted by the department of wildlife and the department of agriculture.

      (3) A species may be petitioned for regulation by the director of wildlife, the director of agriculture, or any person registering under section 9 of this act by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.

      (4) The two directors may decide if and how a species is to be regulated through jointly adopted rules. Each determination shall be in writing and shall be published in the Washington State Register.

      (5) If the two directors do not reach agreement as to whether and how a species should be regulated under this chapter, a scientific review board shall be convened in accordance with section 11 of this act and shall make a written recommendation to the directors as to the status of the species in question. Should the directors fail to agree within thirty days after receipt of such recommendation, the determination shall be made by the governor.

      (6) Resident wildlife shall be regulated by the department of wildlife and may not be classified under this chapter as alternative livestock except as provided in section 12 of this act.

      (7)(a) Any species that is not present in the state as of the effective date of this act, may be petitioned for possible regulation by any person and such petition acted upon under this section prior to entry for allowance or prohibition as alternative livestock.

      (b) The legal status of a species that on the effective date of this act is present in the state and registered in accordance with section 9 of this act does not change until the directors make a determination as to its status.

      NEW SECTION. Sec. 11. (1) A scientific review board, convened pursuant to section 10 of this act shall consist of three members. One member shall be appointed by the director of the department of wildlife, one member shall be appointed by the director of the department of agriculture, and one member shall be appointed jointly by these two members. The members that are appointed by the two departments must have qualifications that are appropriate to their responsibilities under this chapter. All three members must be residents of the state of Washington prior to appointment.

      (2) The board may take testimony and seek other expert advice.

      (3) All meetings of the board shall be public.

      (4) The board may hold public hearings and take public testimony before making a written recommendation concerning whether a species is prohibited or allowed under section 10 of this act.

      (5) All recommendations concerning whether a species is to be regulated under this chapter shall be written and shall include findings of fact. Recommendations shall be published in the Washington State Register.

      (6) The board shall attend all public hearings held on the adoption of proposed rules under this chapter, review existing agency rules that pertain to the issues addressed by this chapter, review the rules proposed under this chapter, and provide comments and recommendations to the departments regarding the need, adequacy, and workability of the proposed rules.

      NEW SECTION. Sec. 12. Wildlife species that exist in a wild state in the state of Washington are not alternative livestock and may not be farmed except as provided in this section. By joint rule, which shall include methods that will ensure genetic integrity, the directors of the department of agriculture and the department of wildlife may allow rocky mountain elk (cervus elaphus nelsoni) to be farmed in the same status and under the same regulatory provisions as alternative livestock. The directors shall, within ninety days of the adoption of the rule, jointly prepare a report on the rule adopted under this section, which shall include specific detail on the methods used to determine genetic integrity of farmed rocky mountain elk (cervus elaphus nelsoni). Within two years of the adoption of the rule, the directors shall jointly prepare a report on the status of operations conducted under the provisions of the rule. The reports shall be transmitted to the chairs of the house of representatives committees on agriculture and rural development and fisheries and wildlife and the senate committees on agriculture and natural resources.

      NEW SECTION. Sec. 13. (1) If rule making under this chapter restricts the economic utilization of a species being raised for commercial purposes in the state, then the provisions of chapter 19.85 RCW shall apply and a small business economic impact statement shall be prepared. Such activity shall be considered as an industry for the purpose of RCW 19.85.020.

      (2) The department of agriculture and the department of wildlife, in consultation with the attorney general, shall develop a report containing findings and recommendations regarding the establishment of an indemnification policy. Such report shall be delivered by December 15, 1993, to the secretary of the senate and the speaker of the house of representatives.

      Sec. 14. RCW 19.85.020 and 1989 c 374 s 1 are each amended to read as follows:

      Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.

      (1) "Small business" has the meaning given in RCW 43.31.025(4).

      (2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.

      (3) "Industry" means all of the businesses in this state in any one three-digit standard industrial classification as published by the United States department of commerce and those specifically declared to be an industry by a provision of state law.

      NEW SECTION. Sec. 15. The director of agriculture and the director of wildlife shall develop by rule the requirements for documents, data, or other items to be submitted that will constitute a completed written petition for the purpose of section 10(4) of this act. The directors shall develop criteria upon which to make evaluations as to whether and how petitioned species will be regulated.

      The department of agriculture and the department of wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.

      NEW SECTION. Sec. 16. The alternative livestock council is created. The council shall consist of seven persons. Four members of the council shall be appointed by the director of agriculture to three-year terms. Three members of the council shall be appointed by the director of the department of wildlife to three-year terms. The directors may shorten the initial term for a position on the council to stagger the expiration of terms on the council. Vacancies on the council shall be filled by each director by appointment. The council shall advise the departments on all aspects of alternative livestock farming and the regulation and marketing of alternative livestock and alternative livestock products.

      NEW SECTION. Sec. 17. All rules of the department of wildlife and the department of agriculture that are inconsistent with the purpose and substance of chapter . . ., Laws of 1993 (this act), shall be amended or repealed to comply with chapter . . ., Laws of 1993 (this act).

      Sec. 18. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

      As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

      (1) "Director" means the director of wildlife.

      (2) "Department" means the department of wildlife.

      (3) "Commission" means the state wildlife commission.

      (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

      (5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

      (6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

      (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

      (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

      (9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

      (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

      (11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

      (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

      (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

      (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

      (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

      (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

      (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

      (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

      (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

      (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

      (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

      (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

      (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

      (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

      (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding traditional livestock as defined in section 2(5) of this act.

      (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

      (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

      NEW SECTION. Sec. 19. A new section is added to chapter 16.49A RCW to read as follows:

      (1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act, whether or not such meat, meat by-products, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department-recognized local, state, or federal agency responsible for food safety and inspection.

      (2) The department may adopt rules establishing a program for inspecting meat and meat by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section. No appropriation is required for disbursement from the account. The director may employ such personnel as are necessary to carry out the provisions of this section.

      Sec. 20. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:

      As used in this chapter:

      "Alternative livestock" shall have the meaning as defined in section 2 of this act.

      "Exotic wildlife" means any wild animal whose members do not exist in Washington in a wild state as of the effective date of this act but does not include alternative livestock as defined in section 2 of this act.

      "Director" means the director of agriculture of the state of Washington or his authorized representative.

      "Department" means the department of agriculture of the state of Washington.

      "Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.

      "Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.

      Sec. 21. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:

      The word "quarantine" as used in this act shall mean the placing and restraining of any animal or animals by the owner or agents in charge thereof, either within a certain described and designated enclosure or area within this state, or the restraining of any such animal or animals from entering this state, as may be directed in writing by the director of agriculture, or his or her duly authorized representative. Any animal or animals so quarantined within the state shall at all times be kept separate and apart from other ((domestic)) animals and not allowed to have anything in common therewith.

      Sec. 22. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:

      The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all ((domestic)) animals which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.

      The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.

      The director shall also have the authority to adopt rules governing the importation and care of alternative livestock. In adopting the rules, the department shall consult with the department of wildlife of the state of Washington.

      Sec. 23. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:

      It is unlawful for a person to intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health instrument of the department of agriculture. It ((shall be)) is unlawful for any person, or any railroad or transportation company, or other common carrier, to bring into this state for any purpose any domestic animals, exotic wildlife, or alternative livestock without first having secured an official health certificate or certificate of veterinary inspection, certified by the state veterinarian of origin that such animals meet the health requirements ((promulgated)) adopted by the director of agriculture of the state of Washington((: PROVIDED, That)). This section shall not apply to domestic animals imported into this state for immediate slaughter, or domestic animals imported for the purpose of unloading for feed, rest, and water, for a period not in excess of twenty-eight hours except upon prior permit therefor secured from the director of agriculture. It ((shall be)) is unlawful for any person to divert en route for other than to an approved, inspected stockyard for immediate slaughter or to sell for other than immediate slaughter or to fail to slaughter within fourteen days after arrival, any animal imported into this state for immediate slaughter. It ((shall be)) is unlawful for any person, railroad, transportation company, or other common carrier, to keep any domestic animals which are unloaded for feed, rest and water in other than quarantined pens, or not to report any missing animals to the director of agriculture at the time the animals are reloaded.

      Sec. 24. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:

      The director of agriculture shall have power to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting domestic animals, exotic wildlife, or alternative livestock in this state, and to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper governing the inspection and test of all animals within or about to be imported into this state, and to ((promulgate)) adopt and enforce ((intercounty)) intrastate embargoes, hold orders, and quarantine ((to prevent the shipment, trailing, trucking, transporting or movement of bovine animals from any county that has not been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, into a county which has been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, unless such animals are accompanied by a negative certificate of tuberculin test made within sixty days and/or a negative brucellosis test made within the forty-five day period prior to the movement of such animal into such county, issued by a duly authorized veterinary inspector of the state department of agriculture, or of the United States department of agriculture, animal and plant health inspection service, or an accredited veterinarian authorized by permit issued by the director of agriculture to execute such certificate)).



      Sec. 25. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:

      It ((shall be)) is unlawful for any person to willfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him or her or them, when engaged in the performance of the duties or in the exercise of the powers conferred by this chapter, and it shall be unlawful for any person to willfully fail to comply with or violate any rule((, regulation)) or order ((promulgated)) adopted by the director of agriculture or his or her duly authorized representatives under the provisions of this chapter. The director of agriculture shall have the authority under such rules ((and regulations)) as shall be ((promulgated)) adopted by ((him)) the director to enter at any reasonable time the premises of any ((livestock)) domestic animals, exotic wildlife, or alternative livestock owner to make tests on any animals for diseased conditions, and it ((shall be)) is unlawful for any person to interfere with such tests in any manner, or to violate any segregation or identification order made in connection with such tests by the director of agriculture, or his or her duly authorized representative.

      Sec. 26. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:

      Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wildlife, or alternative livestock the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of ((dairy and livestock)) food safety and animal health, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed.

      Sec. 27. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:

      It ((shall be)) is unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wildlife, or alternative livestock within the state of any reportable diseases as published by the director of agriculture.

      Sec. 28. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:

      The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wildlife, or alternative livestock and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state.

      Sec. 29. RCW 16.57.010 and 1989 c 286 s 22 are each amended to read as follows:

      For the purpose of this chapter:

      (1) "Department" means the department of agriculture of the state of Washington.

      (2) "Director" means the director of the department or a duly appointed representative.

      (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

      (4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((and)), rabbits, and alternative livestock as defined in section 2 of this act.

      (5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

      (6) "Production record brand" means a number brand which shall be used for production identification purposes only.

      (7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

      (8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

      (9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

      Sec. 30. RCW 16.52.010 and 1901 c 146 s 17 are each amended to read as follows:

      In RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 the singular shall include the plural; the word "animal" shall be held to include every living creature, except man; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees.

      "Domestic animal" for the purposes of this chapter shall include alternative livestock as defined in section 2 of this act.

      NEW SECTION. Sec. 31. Sections 1 through 13, 15, and 16 of this act shall constitute a new chapter in Title 15 RCW."


MOTION


     Senator Anderson moved that the Committee on Agriculture striking amendment be adopted.


MOTION


     On motion of Senator Jesernig, further consideration of Engrossed Substitute House Bill No. 1135 was deferred.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1389, by House Committee on Corrections (originally sponsored by Representative Riley)

 

Changing provisions relating to work crews.


     The bill was read the second time.


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1389 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1389.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1389 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Bluechel, Erwin and Pelz - 3.

     SUBSTITUTE HOUSE BILL NO. 1389, 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.


SIGNED BY THE PRESIDENT


     The President signed:

     SUBSTITUTE SENATE BILL NO. 5026,

     SENATE BILL NO. 5053,

     SENATE BILL NO. 5077,

     ENGROSSED SUBSTITUTE SENATE BILL NO. 5110,

     SENATE BILL NO. 5233.


SIGNED BY THE PRESIDENT


     The President signed:

     SUBSTITUTE SENATE BILL NO. 5313,

     SUBSTITUTE SENATE BILL NO. 5432,

     SUBSTITUTE SENATE BILL NO. 5487,

     SENATE BILL NO. 5546.


SIGNED BY THE PRESIDENT


     The President signed:

     HOUSE BILL NO. 1130,

     HOUSE BILL NO. 1216,

     HOUSE BILL NO. 1217,

     ENGROSSED HOUSE BILL NO. 1238,

     SUBSTITUTE HOUSE BILL NO. 1253,

     HOUSE BILL NO. 1255,

     HOUSE BILL NO. 1400,

     SUBSTITUTE HOUSE BILL NO. 1480,

     ENGROSSED HOUSE BILL NO. 1481,

     SUBSTITUTE HOUSE BILL NO. 1527,

     SUBSTITUTE HOUSE BILL NO. 1578,

     HOUSE BILL NO. 1643,

     ENGROSSED HOUSE JOINT MEMORIAL NO. 4000.


SIGNED BY THE PRESIDENT


     The President signed:

     ENGROSSED SENATE BILL NO. 5831.


MOTION


     On motion of Senator Roach, Senator Hochstatter was excused.


SECOND READING


     HOUSE BILL NO. 1143, by Representatives Van Luven, G. Fisher, Reams, Bray, Edmondson, Brough and Springer

 

Providing a procedure for consolidating cities or towns.


     The bill was read the second time.


MOTION


     On motion of Senator Haugen, the rules were suspended, House Bill No. 1143 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1143.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1143 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Bluechel, Erwin, Hochstatter and Pelz - 4.

     HOUSE BILL NO. 1143, 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. 1651, by Representatives Anderson, Reams, Campbell, Valle, King, Pruitt and Jacobsen

 

Removing the sunset provisions from the naturopathy statutes.


     The bill was read the second time.


MOTION


     On motion of Senator Talmadge, the rules were suspended, House Bill No. 1651 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1651.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1651 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

     Absent: Senator Vognild - 1.

     Excused: Senators Erwin, Hochstatter and Pelz - 3.

     HOUSE BILL NO. 1651, 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. 1787, by House Committee on Natural Resources and Parks (originally sponsored by Representatives Linville, R. Johnson, Pruitt, Kremen, Rust, Foreman, Quall, Morton, Grant, Johanson, Mastin, Eide and Fuhrman)

 

Eliminating certain provisions about water resource inventory and planning areas.


     The bill was read the second time.


MOTION


     On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1787 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1787.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1787 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, 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 Erwin - 1.

     SUBSTITUTE HOUSE BILL NO. 1787, 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. 1673, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Roland, Eide, Vance, Brough, Campbell, Wang, Jacobsen, Patterson and Forner)

 

Creating the aerospace industry legislative task force.


     The bill was read the second time.


MOTIONS


     On motion of Senator Sheldon, the following Committee on Trade, Technology and Economic Development amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The subcommittee on the aerospace industry is established as a subcommittee of the executive-legislative committee on economic development created in chapter . . . (Senate Bill No. 5300), Laws of 1993. The subcommittee is to examine the overall impacts of the aerospace industry work slowdown and make recommendations to the full committee, the governor, and the legislature regarding:

      (a) The need for short-term and long-term assistance for workers made unemployed by the slowdown, including extending unemployment benefits, job retraining, new employment assistance, family assistance, and other types of assistance; and

      (b) A long-term approach to diversification of the region most affected by aerospace business fluctuations.

      In conducting the examination, the subcommittee shall consider the impacts on: The state and substate regional economies; displaced workers and their families; and businesses not directly related to the aerospace industry.

      (2) The subcommittee shall consist of at least three members of the full committee and may include advisory members. The advisory members may include representatives from: (a) The aerospace industry; (b) chambers of commerce and economic development councils; (c) unions representing aerospace workers; (d) county councils; (e) city governments; and (f) the work force training and education coordinating board.

      (3) The subcommittee shall meet as soon as is practicable and make a preliminary report to the full committee, the governor, and the appropriate standing committees of the legislature by September 15, 1993, and a final report before December 1, 1993.

      (4) This section shall expire December 31, 1993.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


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

     On page 1, line 2 of the title, after "force;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."


MOTION


     On motion of Senator Sheldon, the rules were suspended, Substitute House Bill No. 1673, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1673, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1673, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

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

     Voting nay: Senators Anderson and Oke - 2.

     Excused: Senator Erwin - 1.

     SUBSTITUTE HOUSE BILL NO. 1673, 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 10:58 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.


     The Senate was called to order at 12:03 p.m. by President Pritchard.


MOTION


     At 12:03 p.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.


MOTIONS


     On motion of Senator Spanel, Senators Loveland, Snyder and Vognild were excused.

     On motion of Senator Linda Smith, Senators Deccio and Oke was excused.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT


MOTION


     On motion of Senator Moore, Gubernatorial Appointment No. 9268, Robert Plut, as a member of the Horse Racing Commission, was confirmed.


APPOINTMENT OF ROBERT PLUT


     The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 6; Excused, 5.

     Voting yea: Senators Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 38.

     Absent: Senators Amondson, Anderson, Hargrove, Owen, Prince and Rinehart - 6.

     Excused: Senators Deccio, Loveland, Oke, Snyder and Vognild - 5.


MOTIONS


     On motion of Senator Anderson, Senators Amondson and Bluechel were excused.

     On motion of Senator Spanel, Senators Owen and Rinehart were excused.

     On motion of Senator Linda Smith, Senators McCaslin and Prince were excused.


SECOND READING


     HOUSE BILL NO. 1041, by Representatives Zellinsky and Mielke

 

Altering a limit on family member group life insurance coverage.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, House Bill No. 1041 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. 1041.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1041 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

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

     Excused: Senators Amondson, Bluechel, Deccio, McCaslin, Oke, Owen, Prince, Rinehart and Snyder - 9.

     HOUSE BILL NO. 1041, 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 Engrossed Substitute House Bill No. 1135 and the pending motions, one by Senator Rasmussen to not adopt the Committee on Agriculture striking amendment and one by Senator Anderson to adopt the Committee on Agriculture striking amendment, deferred earlier today.


MOTION


     On motion of Senator Anderson, and there being no objection, the motion to adopt the Committee on Agriculture striking amendment was withdrawn.

     The President declared the question before the Senate to be the motion by Senator Rasmussen that the Committee on Agriculture striking amendment to Engrossed Substitute House Bill No. 1135 not be adopted.

     The motion by Senator Rasmussen carried and the Committee on Agriculture striking amendment was not adopted.


MOTION


     Senator Rasmussen moved that the following amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation may provide a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.

      The legislature intends to establish a process to identify vertebrate animal species that may be commercially raised in the state of Washington.

      The legislature finds that many areas of the state of Washington may be suitable for alternative livestock farms, and therefore the legislature encourages the promotion of alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

      The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. The legislature further finds, however, that alternative livestock farming may pose threats to the state's wildlife, and therefore requires effective regulation to minimize these threats.

      It is therefore the policy of this state to encourage the development and expansion of alternative livestock farming within the state. It is also the policy of this state to protect wildlife and existing traditional livestock industries by providing for effective regulation of alternative livestock farming including but not limited to a disease inspection and control program for alternative livestock farming operations.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Alternative livestock" means those species designated under the provisions of section 10 of this act so long as they are: Confined by humans; raised or used in farm or ranch operations in the private sector; and produced on the farm or ranch or legally acquired for the farm or ranch. "Alternative livestock" shall not include: Resident wildlife species that currently exist in a wild state in the state of Washington; domestic dogs (canis familiaris) or domestic cats (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; animals raised for release into the wild; animals raised for the purpose of hunting that takes place in this state; or fur farming and game farming as currently allowed and regulated by chapters 16.72 and 77.32 RCW.

      (2) "Alternative livestock farm or ranch" means the farm or ranch upon which alternative livestock are reared and shall not include publicly and privately owned facilities for which a license or permit is required under RCW 77.12.570 or 77.32.010.

      (3) "Alternative livestock products" means the agricultural products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 5 of this act and is not identified as required.

      (4) "Department" means the department of agriculture.

      (5) "Traditional livestock" means horses, mules, cattle, sheep, swine, goats, poultry, and rabbits regulated by the department of agriculture. Other species may be designated jointly by the director of agriculture and director of wildlife pursuant to section 10 of this act.

      NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products. The department shall consult the alternative livestock council in developing the program.

      NEW SECTION. Sec. 4. It is unlawful to hunt or allow others to hunt for a fee, any alternative livestock reared on or derived from an alternative livestock farm.

      NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the director of wildlife and the alternative livestock council, establish methods of identification requirements, such as tattoos, branding, or eartags, for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of wildlife to effectively administer and enforce Title 77 RCW. The director shall also consult with the director of the department of wildlife to ensure that such rules enable the department of wildlife to enforce the programs administered under that title.

      NEW SECTION. Sec. 6. The department of agriculture shall, in consultation with the department of wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the traditional and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.

      The department of agriculture shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department of agriculture shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.

      NEW SECTION. Sec. 7. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department of agriculture. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data. The director of agriculture and the director of wildlife shall, in consultation with the alternative livestock council, establish by rule reasonable annual registration fees sufficient to cover the costs of development of rules and the administration of this chapter and the rules adopted under this chapter. Fees may differ between species based upon factors including but not limited to economic value, degree of services required, and complexity of regulations. Fees collected under this section shall be deposited in the alternative livestock farm account within the agricultural local fund established in RCW 43.23.230 and the wildlife fund established in RCW 77.12.170 and shall be used solely to carry out the provisions of this chapter.

      NEW SECTION. Sec. 8. The director of agriculture and the director of wildlife shall study the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to traditional livestock, wildlife, and alternative livestock.

      If an animal is not enclosed as required for the animal in rules adopted under this section or if it is found by a state wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required for it in rules adopted under this section, the animal so unenclosed or so found is hereby declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.

      Alternative livestock that escape a required enclosure and are recaptured may be impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvement are made to assure that release will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.

      NEW SECTION. Sec. 9. Commercial growers of nontraditional animals shall register with the department of agriculture within one hundred eighty days of the effective date of this act. This registration will not in any way be construed to initiate the petition for designation process established in section 10 of this act. The legal status of a species that on the effective date of this act is present in the state and registered in accordance with this section does not change unless the directors jointly adopt rules about the registered species.

      NEW SECTION. Sec. 10. (1) A vertebrate animal identification process is hereby established. The purpose of the process is to provide a method by which animals are classified as alternative or traditional livestock.

      (2) Species that are designated as traditional livestock shall be regulated by the department of agriculture. Species in addition to those specified in section 2(5) of this act may be designated as traditional livestock by joint rule adopted by the department of wildlife and the department of agriculture.

      (3) A species may be petitioned for regulation by the director of wildlife, the director of agriculture, or any person registering under section 9 of this act by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.

      (4) The two directors may decide if and how a species is to be regulated through jointly adopted rules. Each determination shall be in writing and shall be published in the Washington State Register.

      (5) If the two directors do not reach agreement as to whether and how a species should be regulated under this chapter, a scientific review board shall be convened in accordance with section 11 of this act and shall make a written recommendation to the directors as to the status of the species in question. Should the directors fail to agree within thirty days after receipt of such recommendation, the determination shall be made by the governor.

      (6) Resident wildlife shall be regulated by the department of wildlife and may not be classified under this chapter as alternative livestock except as provided in section 12 of this act.

      (7)(a) Any species that is not present in the state as of the effective date of this act, may be petitioned by any person for possible regulation and such petition acted upon under this section prior to entry for allowance or prohibition as alternative livestock.

      (b) The legal status of a species that on the effective date of this act is present in the state and registered in accordance with section 9 of this act does not change unless the directors jointly adopt rules about the registered species.

      NEW SECTION. Sec. 11. (1) A scientific review board, convened pursuant to section 10 of this act shall consist of three members. One member shall be appointed by the director of the department of wildlife, one member shall be appointed by the director of the department of agriculture, and one member shall be appointed jointly by these two members. The members that are appointed by the two departments must have qualifications that are appropriate to their responsibilities under this chapter. All three members must be residents of the state of Washington prior to appointment.

      (2) The board may take testimony and seek other expert advice.

      (3) All meetings of the board shall be public.

      (4) The board may hold public hearings and take public testimony before making a written recommendation concerning whether a species is prohibited or allowed under section 10 of this act.

      (5) All recommendations concerning whether a species is to be regulated under this chapter shall be written and shall include findings of fact. Recommendations shall be published in the Washington State Register.

      (6) The board shall attend all public hearings held on the adoption of proposed rules under this chapter, review existing agency rules that pertain to the issues addressed by this chapter, review the rules proposed under this chapter, and provide comments and recommendations to the departments regarding the need, adequacy, and workability of the proposed rules.

      NEW SECTION. Sec. 12. Wildlife species that exist in a wild state in the state of Washington are not alternative livestock and may not be farmed except as provided in this section. By joint rule, which shall include methods that will ensure genetic integrity, the directors of the department of agriculture and the department of wildlife may allow rocky mountain elk (cervus elaphus nelsoni) to be farmed in the same status and under the same regulatory provisions as alternative livestock. The directors shall, within ninety days of the adoption of the rule, jointly prepare a report on the rule adopted under this section, which shall include specific detail on the methods used to determine genetic integrity of farmed rocky mountain elk (cervus elaphus nelsoni). Within two years of the adoption of the rule, the directors shall jointly prepare a report on the status of operations conducted under the provisions of the rule. The reports shall be transmitted to the chairs of the house of representatives committees on agriculture and rural development and fisheries and wildlife and the senate committees on agriculture and natural resources.

      NEW SECTION. Sec. 13. (1) If rule making under this chapter restricts the economic utilization of a species being raised for commercial purposes in the state, then the provisions of chapter 19.85 RCW shall apply and a small business economic impact statement shall be prepared. Such activity shall be considered as an industry for the purpose of RCW 19.85.020.

      (2) The department of agriculture and the department of wildlife, in consultation with the attorney general, shall develop a report containing findings and recommendations regarding the establishment of an indemnification policy. Such report shall be delivered by December 15, 1993, to the secretary of the senate and the speaker of the house of representatives.

      Sec. 14. RCW 19.85.020 and 1989 c 374 s 1 are each amended to read as follows:

      Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.

      (1) "Small business" has the meaning given in RCW 43.31.025(4).

      (2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.

      (3) "Industry" means all of the businesses in this state in any one three-digit standard industrial classification as published by the United States department of commerce and those specifically declared to be an industry by a provision of state law.

      NEW SECTION. Sec. 15. The director of agriculture and the director of wildlife shall develop by rule the requirements for documents, data, scientific evidence, or other items to be submitted that will constitute a completed written petition for the purpose of section 10(4) of this act. The directors shall develop criteria upon which to make evaluations as to whether and how petitioned species will be regulated.

      The department of agriculture and the department of wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.

      NEW SECTION. Sec. 16. The alternative livestock council is created. The council shall consist of seven persons. Four members of the council shall be appointed by the director of agriculture to three-year terms. Three members of the council shall be appointed by the director of the department of wildlife to three-year terms. The directors may shorten the initial term for a position on the council to stagger the expiration of terms on the council. Vacancies on the council shall be filled by each director by appointment. The council shall advise the departments on all aspects of alternative livestock farming and the regulation and marketing of alternative livestock and alternative livestock products.

      NEW SECTION. Sec. 17. All rules of the department of wildlife and the department of agriculture that are inconsistent with the provisions of chapter . . ., Laws of 1993 (this act), shall be amended or repealed to comply with chapter . . ., Laws of 1993 (this act).

      Sec. 18. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

      As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

      (1) "Director" means the director of wildlife.

      (2) "Department" means the department of wildlife.

      (3) "Commission" means the state wildlife commission.

      (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

      (5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

      (6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

      (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

      (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

      (9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

      (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

      (11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

      (12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

      (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

      (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

      (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

      (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

      (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

      (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

      (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

      (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

      (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

      (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

      (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

      (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

      (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding traditional livestock as defined in section 2(5) of this act.

      (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

      (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

      NEW SECTION. Sec. 19. A new section is added to chapter 16.49A RCW to read as follows:

      (1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act, whether or not such meat, meat by-products, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department-recognized local, state, or federal agency responsible for food safety and inspection.

      (2) The department may adopt rules establishing a program for inspecting meat and meat by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section. No appropriation is required for disbursement from the account. The director may employ such personnel as are necessary to carry out the provisions of this section.

      Sec. 20. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:

      As used in this chapter:

      "Alternative livestock" shall have the meaning as defined in section 2 of this act.

      "Exotic wildlife" means any wild animal whose members do not exist in Washington in a wild state as of the effective date of this act but does not include alternative livestock as defined in section 2 of this act.

      "Director" means the director of agriculture of the state of Washington or his authorized representative.

      "Department" means the department of agriculture of the state of Washington.

      "Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.

      "Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.

      Sec. 21. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:

      The word "quarantine" as used in this act shall mean the placing and restraining of any animal or animals by the owner or agents in charge thereof, either within a certain described and designated enclosure or area within this state, or the restraining of any such animal or animals from entering this state, as may be directed in writing by the director of agriculture, or his or her duly authorized representative. Any animal or animals so quarantined within the state shall at all times be kept separate and apart from other ((domestic)) animals and not allowed to have anything in common therewith.

      Sec. 22. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:

      The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all ((domestic)) animals which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.

      The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.

      The director shall also have the authority to adopt rules governing the importation and care of alternative livestock. In adopting the rules, the department shall consult with the department of wildlife of the state of Washington.

      Sec. 23. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:

      It is unlawful for a person to intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health instrument of the department of agriculture. It ((shall be)) is unlawful for any person, or any railroad or transportation company, or other common carrier, to bring into this state for any purpose any domestic animals, exotic wildlife, or alternative livestock without first having secured an official health certificate or certificate of veterinary inspection, certified by the state veterinarian of origin that such animals meet the health requirements ((promulgated)) adopted by the director of agriculture of the state of Washington((: PROVIDED, That)). This section shall not apply to domestic animals imported into this state for immediate slaughter, or domestic animals imported for the purpose of unloading for feed, rest, and water, for a period not in excess of twenty-eight hours except upon prior permit therefor secured from the director of agriculture. It ((shall be)) is unlawful for any person to divert en route for other than to an approved, inspected stockyard for immediate slaughter or to sell for other than immediate slaughter or to fail to slaughter within fourteen days after arrival, any animal imported into this state for immediate slaughter. It ((shall be)) is unlawful for any person, railroad, transportation company, or other common carrier, to keep any domestic animals which are unloaded for feed, rest and water in other than quarantined pens, or not to report any missing animals to the director of agriculture at the time the animals are reloaded.

      Sec. 24. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:

      The director of agriculture shall have power to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting domestic animals, exotic wildlife, or alternative livestock in this state, and to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper governing the inspection and test of all animals within or about to be imported into this state, and to ((promulgate)) adopt and enforce ((intercounty)) intrastate embargoes, hold orders, and quarantine ((to prevent the shipment, trailing, trucking, transporting or movement of bovine animals from any county that has not been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, into a county which has been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, unless such animals are accompanied by a negative certificate of tuberculin test made within sixty days and/or a negative brucellosis test made within the forty-five day period prior to the movement of such animal into such county, issued by a duly authorized veterinary inspector of the state department of agriculture, or of the United States department of agriculture, animal and plant health inspection service, or an accredited veterinarian authorized by permit issued by the director of agriculture to execute such certificate)).

      Sec. 25. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:

      It ((shall be)) is unlawful for any person to willfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him or her or them, when engaged in the performance of the duties or in the exercise of the powers conferred by this chapter, and it shall be unlawful for any person to willfully fail to comply with or violate any rule((, regulation)) or order ((promulgated)) adopted by the director of agriculture or his or her duly authorized representatives under the provisions of this chapter. The director of agriculture shall have the authority under such rules ((and regulations)) as shall be ((promulgated)) adopted by ((him)) the director to enter at any reasonable time the premises of any ((livestock)) domestic animals, exotic wildlife, or alternative livestock owner to make tests on any animals for diseased conditions, and it ((shall be)) is unlawful for any person to interfere with such tests in any manner, or to violate any segregation or identification order made in connection with such tests by the director of agriculture, or his or her duly authorized representative.

      Sec. 26. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:

      Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wildlife, or alternative livestock the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of ((dairy and livestock)) food safety and animal health, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed.

      Sec. 27. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:

      It ((shall be)) is unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wildlife, or alternative livestock within the state of any reportable diseases as published by the director of agriculture.

      Sec. 28. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:

      The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wildlife, or alternative livestock and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state.

      Sec. 29. RCW 16.57.010 and 1989 c 286 s 22 are each amended to read as follows:

      For the purpose of this chapter:

      (1) "Department" means the department of agriculture of the state of Washington.

      (2) "Director" means the director of the department or a duly appointed representative.

      (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

      (4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((and)), rabbits, and alternative livestock as defined in section 2 of this act.

      (5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

      (6) "Production record brand" means a number brand which shall be used for production identification purposes only.

      (7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

      (8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

      (9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

      Sec. 30. RCW 16.52.010 and 1901 c 146 s 17 are each amended to read as follows:

      In RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 the singular shall include the plural; the word "animal" shall be held to include every living creature, except man; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees.

      "Domestic animal" for the purposes of this chapter shall include alternative livestock as defined in section 2 of this act.

      NEW SECTION. Sec. 31. Sections 1 through 13, 15, and 16 of this act shall constitute a new chapter in Title 15 RCW."


     Senator Rasmussen moved that the following amendment by Senators Rasmussen and Anderson to the striking amendment by Senator Rasmussen be adopted:

     On page 4, line 29 of the striking amendment, after "Sec. 9.", strike "Commercial growers" and insert "Growers"

     The President declared the question before the Senate to be the adoption of the amendment by Senators Rasmussen and Anderson on page 4, line 29, to the striking amendment by Senator Rasmussen to Engrossed Substitute House Bill No. 1135.

     The motion by Senator Rasmussen carried and the amendment to the striking amendment was adopted.


     The President declared the question before the Senate to be the adoption of the striking amendment by Senator Rasmussen, as amended, to Engrossed Substitute House Bill No. 1135.

     The striking amendment by Senator Rasmussen, as amended, to Engrossed Substitute House Bill No. 1135 was adopted.


MOTIONS


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

     On page 1, line 1 of the title, after "livestock;" strike the remainder of the title and insert "amending RCW 19.85.020, 77.08.010, 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, 16.36.100, 16.57.010, and 16.52.010; adding a new section to chapter 16.49A RCW; adding a new chapter to Title 15 RCW; and creating a new section."


     On motion of Senator Rasmussen, the rules were suspended, Engrossed Substitute House Bill No. 1135, 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 Spanel, Senator Vognild was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1135, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1135, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 0; Excused, 7.

     Voting yea: Senators Anderson, Barr, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, von Reichbauer, West, Williams, Winsley and Wojahn - 39.

     Voting nay: Senators McDonald, Skratek and Talmadge - 3.

     Excused: Senators Amondson, Deccio, McCaslin, Oke, Prince, Rinehart and Vognild - 7.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1135, 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 SUBSTITUTE HOUSE BILL NO. 1059, by House Committee on Judiciary (originally sponsored by Representatives Franklin, Scott, Anderson, R. Fisher, Thibaudeau, Ludwig, Pruitt, Jacobsen, Flemming, J. Kohl, Wineberry, Riley, G. Cole, Forner, Appelwick, Johanson, Karahalios and Wang)

 

Revising provisions relating to areas where weapons are restricted.


     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 9.41.300 and 1985 c 428 s 2 are each amended to read as follows:

      (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a ((firearm)) weapon:

      (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii) held for extradition or as a material witness, or (iv) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

      (b) ((A courtroom or judge's chamber, while either is being used for any judicial proceeding. This does not include common areas of egress and ingress of the courthouse)) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

      In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for short firearms and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

      The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

      (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

      (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

      (2) Notwithstanding RCW 9.41.290, cities, towns, counties, and other municipalities may enact laws and ordinances:

      (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

      (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

      (i) Any firearm in the possession of a person licensed under RCW 9.41.070; or

      (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

      (3) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

      (4) Subsection (1) of this section does not apply to:

      (a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

      (b) Law enforcement personnel; or

      (c) Security personnel while engaged in official duties.

      (5) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

      (6) ((Subsection (1)(b) of this section does not apply to a judge or court employee or to any person licensed under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to the court administrator or the administrator's designee and obtains written permission to possess the firearm.

      (7))) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

      (((8))) (7) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

      (((9))) (8) Any person violating subsection (1) of this section is guilty of a misdemeanor.

      (9) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250."


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

     On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 9.41.300; and prescribing penalties."


MOTION


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1059, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator Roach: "Senator Smith, two questions actually, one is who pays for the lock boxes and will the Legislature be reimbursing local governments for that expense? The second question is this, will judges be able to have a weapon to protect themselves? My question comes, because I realize in some states, for instance California, some judges sit over trap doors and others sit behind bullet- proof shields. I am wondering if we would be denying the right to keep and bear arms to license judges or court employees? Is that what this bill would do? Those two questions, please."

     Senator Adam Smith: "Trying to keep up with the two part question, as I understand the first part of the question, yes, the local authority would be responsible for paying for the lock boxes. The local authorities we talked to were anxious to do that and considered that to be a fair compromise that they should have to pay that. In response to the second part of the question, yes, this does eliminate the exemptions that were previously in the bill, which would have been for judges, attorneys, and several other people, but it does eliminate the right of a judge to have a gun in his chambers and in the courtroom."

     Further 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. 1059, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1059, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 2; Absent, 2; Excused, 5.

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

     Voting nay: Senators Barr and Roach - 2.

     Absent: Senators Moyer and Rasmussen, M. - 2.

     Excused: Senators Deccio, McCaslin, Oke, Rinehart and Vognild - 5.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1059, 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.


PERSONAL PRIVILEGE


     Senator Prince: "A point of personal privilege, Mr. President. I think that you should draw attention to the body that it is rather unique that a House member gets to vote on her bill as a Senator--and pass it."


SECOND READING


     HOUSE BILL NO. 1025, by Representatives Ludwig, Padden, Riley, Kremen, Appelwick, Mielke, Romero, Dyer, Jones, Kessler, Orr, Karahalios, R. Meyers, Brough, Carlson, Ballasiotes, Jacobsen, Forner, Silver, Dorn and Chappell

 

Regarding the limitation of actions brought by prisoners.


     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 4.16.190 and 1977 ex.s. c 80 s 2 are each amended to read as follows:

     If a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, such incompetency or disability as determined according to chapter 11.88 RCW, or imprisoned on a criminal charge((, or in execution under the sentence of a court for a term less than his natural life)) prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action."


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

     On page 1, line 1 of the title, after "prisoners;" strike the remainder of the title and insert "and amending RCW 4.16.190."


MOTION


     On motion of Senator Adam Smith the rules were suspended, House Bill No. 1025, 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. 1025, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1025, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; 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, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Winsley and Wojahn - 45.

     Absent: Senators von Reichbauer and Williams - 2.

     Excused: Senators Oke and Vognild - 2.

     HOUSE BILL NO. 1025, 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. 2069, by Representatives Mielke and Zellinsky

 

Allowing institutions of higher education to cash student's and employee's checks.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, House Bill No. 2069 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. 2069.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2069 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, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 47.

     Excused: Senators Oke and Vognild - 2.

     HOUSE BILL NO. 2069, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


INTRODUCTION OF SPECIAL GUEST


     The President introduced the state of Washington's United States Congresswoman, Jennifer Dunn, who was seated on the rostrum.


SECOND READING


     HOUSE BILL NO. 1174, by Representatives Jacobsen, Dellwo, Brumsickle, Ogden, J. Kohl, G. Cole, R. Fisher, Dunshee, Pruitt, Van Luven, Johanson, Wood, Leonard and Basich

 

Regarding the study of American Indian languages and cultures.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, House Bill No. 1174 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. 1174.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1174 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

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

     Voting nay: Senator Cantu - 1.

     Absent: Senator Rinehart - 1.

     Excused: Senators Oke and Vognild - 2.

     HOUSE BILL NO. 1174, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.


     President Pro Tempore Wojahn assumed the Chair.


MOTION


     On motion of Senator Spanel, Senator Rinehart was excused.


SECOND READING


     SUBSTITUTE HOUSE BILL NO. 1504, by House Committee on Capital Budget (originally sponsored by Representatives Wang, Jacobsen, Romero, Wolfe and Morris) (by request of Evergreen State College)

 

Changing the disposition of certain normal school fund revenues.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1504 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1504.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1504 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 0; Excused, 3.

     Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 37.

     Voting nay: Senators Anderson, Barr, Cantu, Erwin, Hargrove, Hochstatter, McCaslin, Nelson and West - 9.

     Excused: Senators Oke, Rinehart and Vognild - 3.

     SUBSTITUTE HOUSE BILL NO. 1504, 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 Skratek was excused.


SECOND READING


     ENGROSSED HOUSE BILL NO. 1152, by Representatives Thibaudeau, Heavey, King, Vance, Veloria, G. Cole, Riley and J. Kohl

 

Denominating the Washington state bar association a public employer for collective bargaining purposes.


     The bill was read the second time.



MOTION


     On motion of Senator Moore, the rules were suspended, Engrossed House Bill No. 1152 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     Debate ensued.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1152.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1152 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 17; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Sheldon, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Williams, Winsley and Wojahn - 28.

     Voting nay: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Prince, Roach, Sellar, Smith, L. and West - 17.

     Excused: Senators Oke, Rinehart, Skratek and Vognild - 4.

     ENGROSSED HOUSE BILL NO. 1152, 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. 1266, by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Campbell, Dyer, R. Johnson, Cooke, Riley, Lisk, Morris, Dellwo and Ballasiotes)

 

Regulating veterinary medication clerks.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1266 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


     On motion of Senator Spanel, Senator Moore was excused.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1266.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1266 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Absent: Senators Hargrove and McCaslin - 2.

     Excused: Senators Moore, Oke, Rinehart and Vognild - 4.

     SUBSTITUTE HOUSE BILL NO. 1266, 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. 1621, by Representatives Rayburn, Chandler and Jacobsen (by request of Department of Agriculture)

 

Modifying the regulation of apiaries.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 1621 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

     The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1621.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Bill No. 1621 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, Moyer, Nelson, Newhouse, Niemi, Owen, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Williams, Winsley and Wojahn - 43.

     Absent: Senators McDonald and Pelz - 2.

     Excused: Senators Moore, Oke, Rinehart and Vognild - 4.

     ENGROSSED HOUSE BILL NO. 1621, 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 2:13 p.m., on motion of Senator Jesernig, the Senate recessed until 3:00 p.m.


     The Senate was called to order at 3:25 p.m. by President Pritchard.


MOTION


     On motion of Senator Spanel, Senator Loveland was excused.


SECOND READING


     HOUSE BILL NO. 1477, by Representatives Wood, Schmidt, R. Fisher, Mielke, Brumsickle, Ludwig, Casada and Shin

 

Creating a fuel tax exemption.


     The bill was read the second time.


MOTION


     On motion of Senator Vognild, the rules were suspended, House Bill No. 1477 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. 1477.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1477 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 2; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 42.

     Voting nay: Senators Niemi and Skratek - 2.

     Absent: Senators Sellar and Williams - 2.

     Excused: Senators Loveland, Oke and Rinehart - 3.

     HOUSE BILL NO. 1477, 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. 1188, by Representatives Morton, Appelwick, Padden, Ballasiotes, Ludwig, Sheahan, Tate, Fuhrman, Silver, Johanson, Long, Flemming, Mielke and Springer

 

Requiring delivery of a copy of a lien document to the owner of the property subject to the lien.


     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 60.68.015 and 1992 c 133 s 1 are each amended to read as follows:

      (1) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be recorded for record in accordance with this chapter.

      (2) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the recorder of the county in which the real property subject to the liens is situated. A lien may be recorded only upon certification that a copy of the lien document has been sent by registered or certified mail, with return receipt, to the owner of the real property subject to the lien.

      (3) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed with the department of licensing."


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

     On line 1 of the title, after "liens;" strike the remainder of the title and insert "and amending RCW 60.68.015."


MOTION


     On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1188, 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. 1188, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1188, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, McAuliffe, McCaslin, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 44.

     Absent: Senators McDonald, Sellar and Williams - 3.

     Excused: Senators Loveland and Oke - 2.

     HOUSE BILL NO. 1188, 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 SUBSTITUTE HOUSE BILL NO. 1529, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Springer, Morton, Chappell, Holm, Campbell, King, Jones, Basich, Rayburn, Sheldon and Kessler) (by request of Office of Financial Management)

 

Reauthorizing certain timber programs.


     The bill was read the second time.


MOTIONS


     On motion of Senator Skratek, the following Committee on Trade, Technology and Economic Development amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 43.31.611 and 1991 c 314 s 3 are each amended to read as follows:

      (1) The governor shall appoint a timber recovery coordinator. The coordinator shall coordinate the state and federal economic and social programs targeted to timber impact areas.

      (2) The coordinator's responsibilities shall include but not be limited to:

      (a) Serving as executive secretary of the economic recovery coordination board and directing staff associated with the board.

      (b) Chairing the agency timber task force and directing staff associated with the task force.

      (c) Coordinating and maximizing the impact of state and federal assistance to timber impact areas.

      (d) Coordinating and expediting programs to assist timber impact areas.

      (e) Providing the legislature with a status and impact report on the timber recovery program in January 1992.

      (3) This section shall expire June 30, ((1993)) 1995.

      Sec. 2. RCW 43.31.621 and 1991 c 314 s 4 are each amended to read as follows:

      (1) There is established the agency timber task force. The task force shall be chaired by the timber recovery coordinator. It shall be the responsibility of the coordinator that all directives of chapter 314, Laws of 1991 are carried out expeditiously by the agencies represented in the task force. The task force shall consist of the directors, or representatives of the directors, of the following agencies: The department of trade and economic development, department of community development, employment security department, department of social and health services, state board for community and technical colleges ((education)), state ((board for vocational education)) work force training and education coordinating board, or its replacement entity, department of natural resources, department of transportation, state energy office, department of wildlife, University of Washington center for international trade in forest products, and department of ecology. The task force may consult and enlist the assistance of the following: The higher education coordinating board, University of Washington college of forest resources, Washington State University school of forestry, Northwest policy center, state superintendent of public instruction, the Evergreen partnership, Washington association of counties, and rural development council.

      (2) This section shall expire June 30, ((1993)) 1995.

      Sec. 3. RCW 43.31.631 and 1991 c 314 s 6 are each amended to read as follows:

      (1) There is established the economic recovery coordination board consisting of one representative, appointed by the governor, from each county that is a timber impact area. The timber recovery coordinator shall also be a member of the board. Each associate development organization from counties that are timber impact areas, in consultation with the county legislative authority, shall submit to the governor the names of three nominees representing different interests in each county. Within sixty days after July 28, 1991, the governor shall select one nominee from each list submitted by associate development organizations. In making the appointments, the governor shall endeavor to ensure that the board represents a diversity of backgrounds. Vacancies shall be filled in the same manner as the original appointment.

      (2) The board shall:

      (a) Advise the timber recovery coordinator and the agency timber task force on issues relating to timber impact area economic and social development, and review and provide recommendations on proposals for the diversification of the timber impact areas presented to it by the timber recovery coordinator.

      (b) Respond to the needs and concerns of citizens at the local level.

      (c) Develop strategies for the economic recovery of timber impact areas.

      (d) Provide recommendations to the governor, the legislature, and congress on land management and economic and regulatory policies that affect timber impact areas.

      (e) Recommend to the legislature any changes or improvements in existing programs designed to benefit timber impact areas.

      (3) Members of the board and committees shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

      (4) This section shall expire June 30, ((1993)) 1995.

      Sec. 4. RCW 43.160.200 and 1991 c 314 s 23 are each amended to read as follows:

      (1) The economic development account is created within the public facilities construction loan revolving fund under RCW 43.160.080. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 43.160.010(4) and this section. The account is subject to allotment procedures under chapter 43.88 RCW.

      (2) Applications under this section for assistance from the economic development account are subject to all of the applicable criteria set forth under this chapter, as well as procedures and criteria established by the board, except as otherwise provided.

      (3) Eligible applicants under this section are limited to political subdivisions of the state in timber impact areas that demonstrate, to the satisfaction of the board, the local economy's dependence on the forest products industry.

      (4) Applicants must demonstrate that their request is part of an economic development plan consistent with applicable state planning requirements. Applicants must demonstrate that tourism projects have been approved by the local government and are part of a regional tourism plan approved by the local and regional tourism organizations. Industrial projects must be approved by the local government and the associate development organization.

      (5) Publicly owned projects may be financed under this section upon proof by the applicant that the public project is a necessary component of, or constitutes in whole, a tourism project.

      (6) Applications must demonstrate local match and participation. Such match may include: Land donation, other public or private funds or both, or other means of local commitment to the project.

      (7) Board financing for feasibility studies shall not exceed twenty-five thousand dollars per study. Board funds for feasibility studies may be provided as a grant and require a dollar for dollar match with up to one-half in-kind match allowed.

      (8) Board financing for tourism projects shall not exceed two hundred fifty thousand dollars. Other public facility projects under this section shall not exceed five hundred thousand dollars. Loans with flexible terms and conditions to meet the needs of the applicants shall be provided. Grants may also be authorized, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision.

      (9) The board shall develop guidelines for allowable local match and feasibility studies.

      (10) Applications under this section need not demonstrate evidence that specific private development or expansion is ready to occur or will occur if funds are provided.

      (11) The board shall establish guidelines for making grants and loans under this section to ensure that the requirements of this chapter are complied with. The guidelines shall include:

      (a) A process to equitably compare and evaluate applications from competing communities.

      (b) Criteria to ensure that approved projects will have a high probability of success and are likely to provide long-term economic benefits to the community. The criteria shall include: (i) A minimum amount of local participation, determined by the board per application, to verify community support for the project; (ii) an analysis that establishes the project is feasible using standard economic principles; and (iii) an explanation from the applicant regarding how the project is consistent with the communities' economic strategy and goals.

      (c) A method of evaluating the impact of the loans or grants on the economy of the community and whether the loans or grants achieved their purpose.

      (12) Cities and counties otherwise eligible under and in compliance with this section are authorized to use the loans or grants for buildings and structures.

      Sec. 5. 1991 c 314 s 26 (uncodified) is amended to read as follows:

      (1) For the period beginning July 1, 1991, and ending June 30, ((1993)) 1995, in timber impact areas the public works board may award low-interest or interest-free loans to local governments for construction of new public works facilities that stimulate economic growth or diversification.

      (2) For the purposes of this section and section 27 of this act:

      (a) "Public facilities" means bridge, road and street, domestic water, sanitary sewer, and storm sewer systems.

      (b) "Timber impact area" means a county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average.

      (3) The loans may have a deferred payment of up to five years but shall be repaid within twenty years. The public works board may require other terms and conditions and may charge such rates of interest on its loans as it deems appropriate to carry out the purposes of this section. Repayments shall be made to the public works assistance account.

      (4) The board may make such loans irrespective of the annual loan cycle and reporting required in RCW 43.155.070.

      Sec. 6. 1991 c 314 s 32 (uncodified) is amended to read as follows:

      RCW 43.160.076 and 1991 c 314 s 24 and 1985 c 446 s 6 are each repealed effective June 30, ((1993)) 1995.

      Sec. 7. 1991 c 314 s 33 (uncodified) is amended to read as follows:

      RCW 43.160.200 expires June 30, ((1993)) 1995.

      Sec. 8. 1991 c 314 s 34 (uncodified) is amended to read as follows:

      ((Section 25 of this act)) RCW 43.160.210 shall take effect July 1, ((1993)) 1995.

      Sec. 9. 1991 c 315 s 2 (uncodified) is amended to read as follows:

      (1) Coordination of the programs in this act shall be through the economic recovery coordination board created in RCW 43.31.631, the timber recovery coordinator created in RCW 43.31.611, and the agency timber task force created in RCW 43.31.621.

      (2) This section shall expire June 30, ((1993)) 1995.

      Sec. 10. RCW 50.22.090 and 1992 c 47 s 2 are each amended to read as follows:

      (1) An additional benefit period is established for counties identified under subsection (2) of this section beginning on the first Sunday after July 1, 1991, and for the forest products industry beginning with the third week after the first Sunday after July 1, 1991. Benefits shall be paid as provided in subsection (3) of this section to exhaustees eligible under subsection (4) of this section.

      (2) The additional benefit period applies to counties having a population of less than five hundred thousand beginning with the third week after a week in which the commissioner determines that a county meets two of the following three criteria, as determined by the department, for the most recent year in which such data is available: (a) A lumber and wood products employment location quotient at or above the state average; (b) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (c) an annual unemployment rate twenty percent or more above the state average. The additional benefit period for a county may end no sooner than fifty-two weeks after the additional benefit period begins.

      (3) Additional benefits shall be paid as follows:

      (a) No new claims for additional benefits shall be accepted for weeks beginning after July ((3)) 1, ((1993)) 1995, but for claims established on or before July ((3)) 1, ((1993)) 1995, weeks of unemployment occurring after July ((3)) 1, ((1993)) 1995, shall be compensated as provided in this section.

      (b) The total additional benefit amount shall be ((fifty-two)) one hundred four times the individual's weekly benefit amount, reduced by the total amount of regular benefits and extended benefits paid, or deemed paid, with respect to the benefit year. Additional benefits shall not be payable for weeks more than ((one)) two years beyond the end of the benefit year of the regular claim for an individual whose benefit year ends on or after July 27, 1991, and shall not be payable for weeks ending on or after ((one)) two years after March 26, 1992, for individuals who become eligible as a result of chapter 47, Laws of 1992((, and shall be payable for up to five weeks following the completion of the training required by this section)).

      (c) Notwithstanding the provisions of (b) of this subsection, individuals will be entitled to up to five additional weeks of benefits following the completion or termination of training.

      (d) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

      (((d))) (e) Benefits paid under this section shall be paid under the same terms and conditions as regular benefits and shall not be charged to the experience rating account of individual employers. The additional benefit period shall be suspended with the start of an extended benefit period, or any totally federally funded benefit program, with eligibility criteria and benefits comparable to the program established by this section, and shall resume the first week following the end of the federal program.

      (f) The amendments in chapter . . ., Laws of 1993 (this act) affecting subsection (3) (b) and (c) of this section shall apply in the case of all individuals determined to be monetarily eligible under this section without regard to the date eligibility was determined.

      (4) An additional benefit eligibility period is established for any exhaustee who:

      (a)(i) At the time of last separation from employment, resided in or was employed in a county identified under subsection (2) of this section; or

      (ii) During his or her base year, earned wages in at least six hundred eighty hours in the forest products industry, which shall be determined by the department but shall include the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting the industries covered under this subsection. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(6)(c); and



      (b)(i) Has received notice of termination or layoff; and

      (ii) Is unlikely to return to employment in his or her principal occupation or previous industry because of a diminishing demand within his or her labor market for his or her skills in the occupation or industry; and

      (c)(i) Is notified by the department of the requirements of this section and develops an individual training program that is submitted to the commissioner for approval not later than sixty days after the individual is notified of the requirements of this section, and enters the approved training program not later than ninety days after the date of the individual's termination or layoff, or ninety days after July 1, 1991, whichever is later, unless the department determines that the training is not available during the ninety-day period, in which case the individual shall enter training as soon as it is available; or

      (ii) Is enrolled in training approved under this section on a full-time basis and maintains satisfactory progress in the training; and

      (d) Does not receive a training allowance or stipend under the provisions of any federal or state law.

      (5) For the purposes of this section:

      (a) "Training program" means:

      (i) A remedial education program determined to be necessary after counseling at the educational institution in which the individual enrolls pursuant to his or her approved training program; or

      (ii) A vocational training program at an educational institution that:

      (A) Is training for a labor demand occupation;

      (B) Is likely to facilitate a substantial enhancement of the individual's marketable skills and earning power; and

      (C) Does not include on-the-job training or other training under which the individual is paid by an employer for work performed by the individual during the time that the individual receives additional benefits under subsection (1) of this section.

      (b) "Educational institution" means an institution of higher education as defined in RCW 28B.10.016 or an educational institution as defined in RCW 28C.04.410(3).

      (c) "Training allowance or stipend" means discretionary use, cash-in-hand payments available to the individual to be used as the individual sees fit, but does not mean direct or indirect compensation for training costs, such as tuition or books and supplies.

      (6) The commissioner shall adopt rules as necessary to implement this section.

      (7) For the purpose of this section, an individual who has a benefit year beginning after January 1, 1989, and ending before July 27, 1991, shall be treated as if his or her benefit year ended on July 27, 1991.

      NEW SECTION. Sec. 11. Section 10 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

      NEW SECTION. Sec. 12. Sections 1 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1993."


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

     On page 1, line 2 of the title, after "1991;" strike the remainder of the title and insert "amending RCW 43.31.611, 43.31.621, 43.31.631, 43.160.200, and 50.22.090; amending 1991 c 314 s 26 (uncodified); amending 1991 c 314 s 32 (uncodified); amending 1991 c 314 s 33 (uncodified); amending 1991 c 314 s 34 (uncodified); amending 1991 c 315 s 2 (uncodified); providing an effective date; and declaring an emergency."


MOTION


     On motion of Senator Skratek, the rules were suspended, Engrossed Substitute House Bill No. 1529, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


     On motion of Senator Roach, Senator Sellar was excused.

     On motion of Senator Jesernig, Senator Williams was excused.

     The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1529, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1529, 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 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, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.

     Excused: Senators Oke, Sellar and Williams - 3.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1529, 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. 1082, by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey, Veloria, G. Cole, Springer, Padden, Valle, Scott, Brough, Jacobsen, Wineberry, Lemmon, Karahalios, Pruitt and Roland)

 

Combating student alcohol abuse in colleges and universities.


     The bill was read the second time.


MOTIONS


     On motion of Senator Bauer, the following Committee on Higher Education amendment was not adopted:

     On page 2, after line 18, strike all of subsection (5) and insert the following:

     "(5) Chapters shall register all parties with the college or university. In addition, banquet permits shall be obtained from the liquor control board for every party under this subsection. For the purposes of this subsection, "party" includes:

     (a) A minimum of twenty-five guests, the consumption of alcohol, and the scheduling and/or announcing of the event; or

     (b) Organized chapter activities including chapter exchanges, when alcohol is present;"


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

     On page 2, line 21, after "university." insert "A chapter meeting or gathering with only chapter members in attendance shall not be considered a party under this subsection."


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1082, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


     Senator McCaslin: "Senator Bauer, it is a real tragedy that the young lady lost sight of her eye, but I wonder if it was a party or just a gathering of friends or what it was?"

     Senator Bauer: "I really can't answer that actually, Senator McCaslin."

     Senator McCaslin: "The point I'm leading to is what caused the accident is throwing things out of windows. I would assume that universities and colleges have some rule against throwing bottles and so forth out the window and that is what caused the accident. I guess that is what we should be looking at, rather than committee meetings or other meetings in frats and sororities."

     Senator Bauer: "Since some of these frats and sororities are off the campus and really not integrally part of the institution, it has been rather difficult, but I think this bill will help give those institutions a little more opportunity to have an influence over this."

     Senator McCaslin: "Well, I appreciate your response, but hopefully whether they are on campus or off, I'm sure cities and counties have regulations about tossing things out windows. That is basically the problem; it has nothing to do with intercollegiate athletics or frats. Thanks, Al."

     The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1082, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1082, as amended by the Senate, 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, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 45.

     Voting nay: Senator Bluechel - 1.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1082, 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. 1017, by House Committee on Education (originally sponsored by Representatives Forner, Dorn, Brough, Chandler, Brumsickle, Vance, Cooke, Thomas, Long, Reams, Van Luven, Kremen, Tate, Mielke, Miller, Ballard, Basich, Dyer, Sheldon, Wood, Foreman, Ballasiotes, Schoesler, Morton, Stevens, Carlson, Edmondson, Sehlin, Rayburn and Horn)

 

Concerning the employment of persons with a history of sexual exploitation of children.


     The bill was read the second time.


MOTION


     On motion of Senator Pelz, the rules were suspended, Substitute House Bill No. 1017 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. 1017.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1017 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1017, 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. 1978, by House Committee on Local Government (originally sponsored by Representatives J. Kohl, G. Cole, Karahalios, Jacobsen, Dorn, Cothern, Roland, Pruitt, Basich, Miller, Forner, L. Johnson, Vance, Cooke, Rust and Hansen)

 

Allowing counties to permit public libraries on county land used for park and recreation purposes.


     The bill was read the second time.


MOTION


     On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 1978 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. 1978.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1978 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

     Absent: Senator Erwin - 1.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1978, 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. 1784, by House Committee on Appropriations (originally sponsored by Representatives Locke, Sommers, Dellwo, Wang, Brough, Jacobsen, Karahalios, Peery, Talcott, Dorn, Cothern, Ogden, Holm, Pruitt, Jones, Romero, Campbell, Valle, Thibaudeau, King, Ballard, Basich, Quall, Veloria, Linville, Rayburn, Kessler, Orr, Carlson, Johanson, L. Johnson, Leonard, J. Kohl, Lemmon, H. Myers, Hansen, Patterson and Shin)

 

Allowing retired and disabled school employees to purchase health care insurance from the state health care authority.


     The bill was read the second time.


MOTIONS


     On motion of Senator Talmadge, the following Committee on Health and Human Services amendment was adopted:

     On page 16, after line 2, insert the following:

     "NEW SECTION. Sec. 19. Section 8 of this act is null and void if Engrossed Second Substitute Senate Bill No. 5304 is enacted into law by July 1, 1993, and contains an amendment to RCW 41.05.055."


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

     On page 1, line 6 of the title, after "RCW;" strike "creating a new section" and insert "creating new sections"


MOTION


     On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 1784, 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. 1784, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1784, 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 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, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 46.

     Excused: Senators Oke, Sellar and Williams - 3.

     SUBSTITUTE HOUSE BILL NO. 1784, 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 SUBSTITUTE HOUSE BILL NO. 1670, by House Committee on Appropriations (originally sponsored by Representatives Sommers, Heavey, Locke, King, Jacobsen, Vance, Wineberry, Mielke, Linville, Lisk, J. Kohl, Wolfe, Basich, Orr, Valle, Veloria, Anderson, G. Cole, Dorn, Jones, R. Fisher, Holm, Ogden and Kremen)

 

Providing service credit for periods of paid leave.


     The bill was read the second time.


MOTION


     On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 1670 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. 1670.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1670 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, Moyer, Nelson, Newhouse, Niemi, 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 Oke and Williams - 2.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1670, 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. 1631, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Brumsickle, G. Cole, Horn, Wood, Appelwick and Thibaudeau)

 

Regulating going out of business sales.


     The bill was read the second time.


MOTIONS


     On motion of Senator Moore, the following Labor and Commerce amendment was adopted:

     Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locations listed in the notice of the sale or that has a common ownership interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.

      (2) "Going out of business sale" means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business.

      (3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated under this chapter.

      (4) "Moving sale" means a sale or auction advertised or held out to the public in anticipation of a relocation of the business to within a thirty-mile radius of its existing location.

      (5) "Person" means, where applicable, natural persons, corporations, trusts, unincorporated associations, partnerships, or other legal entities.

      NEW SECTION. Sec. 3. (1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter.

      (2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale is being conducted.

      (3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person required by this chapter to record a notice of the sale shall serve a copy of the petition, motion, proposed order, or other pleading requesting court approval of the sale on the attorney general no less than seven days before the date on which an action may be taken related to the conduct of the sale by a court.

      NEW SECTION. Sec. 4. (1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business.

      (2) This chapter does not apply to:

      (a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs;

      (b) Bulk transfers as defined in RCW 62A.6-102; or

      (c) Moving sales, except for section 12(5) of this act.

      (3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are exempt from the requirement that the notice of the sale be recorded at least fourteen days before the beginning date of the sale.

      NEW SECTION. Sec. 5. (1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale.

      (2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice shall set forth, the following facts and information regarding the sale:

      (a) The name, address, telephone number, and Washington state business identification number of the owner of the merchandise to be sold. If the owner is a corporation, trust, unincorporated association, partnership, or other legal entity, the person signing the notice must be an officer of the entity and must identify his or her title;

      (b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of the sale;

      (c) The descriptive name, location or locations, and beginning and ending dates of the sale;

      (d) Whether a person who has an ownership interest in the business or in the merchandise to be sold has conducted a going out of business sale within one year of recording the notice;

      (e) Whether a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business within six months of recording the notice; and

      (f) A statement that:

      (i) The merchandise ordered during the thirty days before recording the notice consists only of bona fide orders made in the usual course of business and does not contain merchandise taken on consignment or otherwise;

      (ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale;

      (iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the notice is recorded or during the sale;

      (iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired an interest in the business or in the merchandise to be sold solely or principally for the purpose of conducting a going out of business sale;

      (v) The business will be discontinued after the ending date of the sale and no merchandise held out for sale will be subsequently offered for sale to the public by anyone who had an ownership interest in the business or in the merchandise offered for sale; and

      (vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the Consumer Protection Act for a violation of this chapter or the type of conduct prohibited by this chapter.

      NEW SECTION. Sec. 6. (1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale.

      (2) If a person elects to make an inventory list:

      (a) The inventory list must identify the merchandise and include the quantity of each item and the price at which each item was offered for sale within one week of recording the notice;

      (b) The inventory list must identify items ordered within thirty days of recording the notice but not yet received by the business;

      (c) The inventory list must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the inventory list is a true and correct inventory of merchandise owned by the business conducting the sale as of the date the affidavit is executed; and

      (d) No item may be offered for sale at a going out of business sale unless the item is included in the inventory list for the sale.

      (3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the thirty days before recording the notice of the sale.

      (4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the inventory list or purchase order compilation must be marked in some form by a notary public to verify its identity as part of the inventory list or purchase order compilation for the going out of business sale.

      (5) A person conducting a going out of business sale shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after the ending date of the sale. The inventory list or purchase order compilation is admissible evidence of compliance or noncompliance with this chapter.

      NEW SECTION. Sec. 7. (1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number.

      (2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person who has either conducted a going out of business sale within one year or established or acquired an interest in the business conducting the sale within six months of recording the notice is presumed to have established or acquired an interest in the business solely or principally for the purpose of conducting a going out of business sale.

      (3) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the Consumer Protection Act for a violation of this chapter or the type of conduct prohibited by this chapter.

      NEW SECTION. Sec. 8. No person may conduct a going out of business sale for more than sixty days from the beginning date of the sale.

      NEW SECTION. Sec. 9. (1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course of business and may contain no merchandise taken on consignment or otherwise.

      (2) No person in contemplation of conducting a going out of business sale may transfer merchandise from an affiliated business or business location to the location or locations of the sale.

      (3) No person, after recording the notice of a going out of business sale, may buy or order merchandise, take merchandise on consignment, or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going out of business sale.

      NEW SECTION. Sec. 10. (1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale.

      (2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the same trade name, or continue to offer for sale the same type of merchandise for a period of one year after the ending date of the sale unless the continuing business location was in operation before recording the notice for the closing business location.

      (3) For the purposes of this section, if a business entity that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or individual is considered the same person as the original entity. If an individual who is prohibited from continuing a business under this section forms a new business entity to continue the business, participate in the business, or profit from the business, that entity is considered the same person as the individual.

      NEW SECTION. Sec. 11. No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same name or under a different name.

      NEW SECTION. Sec. 12. (1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be confined to or refer to the address or addresses and place or places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless the other locations or affiliated businesses are included in the notice.

      (2) Advertising broadcast on radio is not required to refer to the address or addresses of the business specified in the notice as going out of business, but must meet all other conditions of this section.

      (3) No advertising may contain false, misleading, or deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.

      (4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and substantiated.

      (5) A moving sale may not be advertised for more than ninety days and may not occur more than once within a twenty-four month period.

      NEW SECTION. Sec. 13. A person who knowingly violates this chapter or who knowingly gives false or incorrect information in a notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

      NEW SECTION. Sec. 14. The attorney general or the proper prosecuting attorney may institute proceedings under this chapter.

      NEW SECTION. Sec. 15. The state of Washington fully occupies and preempts the entire field of regulating going out of business sales.

      NEW SECTION. Sec. 16. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

      NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 19 RCW."


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

     On page 1, line 1 of the title, after "sales;" strike the remainder of the title and insert "adding a new chapter to Title 19 RCW; and prescribing penalties."


MOTION


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1631, 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. 1631, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1631, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 1; Excused, 2.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 42.

     Voting nay: Senators Anderson, Hargrove, McCaslin and Sellar - 4.

     Absent: Senator Vognild - 1.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1631, 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


     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1338, by House Committee on Judiciary (originally sponsored by Representatives Thibaudeau, Appelwick, Ballasiotes, H. Myers, Flemming, Dyer, Eide, Cooke, Zellinsky, Johanson, Romero, Forner, Reams, Rust, Schmidt, Riley, Dunshee, Brough, Ogden, J. Kohl, Locke, Anderson, Ludwig, Edmondson, Horn, Heavey, Cothern, R. Johnson, King, Veloria, Rayburn, Bray, Orr, Pruitt, Karahalios, Lemmon, Carlson, Kessler, Wolfe, R. Fisher, Hansen, Jacobsen, Morris, Quall, Franklin, L. Johnson, Leonard, Jones, Valle, G. Cole, Holm, Wang, Grant, Dorn, Sheldon, Sommers, Miller, Finkbeiner, Brown, Scott, Roland, Shin, R. Meyers, Springer, Basich, Campbell, Wood, Long, Wineberry and Dellwo)

 

Prohibiting interference with access to or from a health care facility.


     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. The legislature finds that seeking or obtaining health care is fundamental to public health and safety.

      NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Health care facility" means a facility that provides health care services directly to patients, including but not limited to, a hospital, clinic, health care provider's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home.

      (2) "Health care provider" has the same meaning as defined in RCW 7.70.020 (1) and (2), and also means an officer, director, employee, or agent of a health care facility who sues or testifies regarding matters within the scope of his or her employment.

      (3) "Aggrieved" means:

      (a) A person, physically present at the health care facility when the prohibited actions occur, whose access is or is about to be obstructed or impeded;

      (b) A person, physically present at the health care facility when the prohibited actions occur, whose care is or is about to be disrupted;

      (c) The health care facility, its employees, or agents;

      (d) The owner of the health care facility or the building or property upon which the health care facility is located.

      NEW SECTION. Sec. 3. It is unlawful for a person except as otherwise protected by state or federal law, alone or in concert with others, to willfully or recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of such facility by:

      (1) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

      (2) Making noise that unreasonably disturbs the peace within the facility;

      (3) Trespassing on the facility or the common areas of the real property upon which the facility is located;

      (4) Telephoning the facility repeatedly, or knowingly permitting any telephone under his or her control to be used for such purpose; or

      (5) Threatening to inflict injury on the owners, agents, patients, employees, or property of the facility or knowingly permitting any telephone under his or her control to be used for such purpose.

      NEW SECTION. Sec. 4. A violation of section 3 of this act is a gross misdemeanor. A person convicted of violating section 3 of this act shall be punished as follows:

      (1) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;

      (2) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and

      (3) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days.

      Sec. 5. RCW 10.31.100 and 1988 c 190 s 1 are each amended to read as follows:

      A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (((8))) (9) of this section.

      (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270 shall have the authority to arrest the person.

      (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

      (a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

      (b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.

      (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

      (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

      (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

      (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

      (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

      (f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

      (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

      (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.12.100 shall have the authority to arrest the person.

      (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.

      (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.

      (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.

      (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of section 3 of this act may arrest such person.

      (10) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

      (((10))) (11) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the police officer acts in good faith and without malice.

      NEW SECTION. Sec. 6. (1) A person or health care facility aggrieved by the actions prohibited by section 3 of this act may seek civil damages from those who committed the prohibited acts and those acting in concert with them. A plaintiff in an action brought under this chapter shall not recover more than his or her actual damages and additional sums authorized in section 7 of this act. Once a plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages shall not be recovered. A person does not have to be criminally convicted of violating section 3 of this act to be held civilly liable under this section. It is not necessary to prove actual damages to recover the additional sums authorized under section 7 of this act, costs, and attorneys' fees. The prevailing party is entitled to recover costs and attorneys' fees.

      (2) The superior courts of this state shall have authority to grant temporary, preliminary, and permanent injunctive relief to enjoin violations of this chapter.

      In appropriate circumstances, any superior court having personal jurisdiction over one or more defendants may issue injunctive relief that shall have binding effect on the original defendants and persons acting in concert with the original defendants, in any county in the state.

      Due to the nature of the harm involved, injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.

      The state and its political subdivisions shall cooperate in the enforcement of court injunctions that seek to protect against acts prohibited by this chapter.

      NEW SECTION. Sec. 7. In a civil action brought under this chapter, an individual plaintiff aggrieved by the actions prohibited by section 3 of this act may be entitled to recover up to five hundred dollars for each day that the actions occurred, or up to five thousand dollars for each day that the actions occurred if the plaintiff aggrieved by the actions prohibited under section 3 of this act is a health care facility.

      NEW SECTION. Sec. 8. Nothing in section 3 of this act shall prohibit either lawful picketing or other publicity for the purpose of providing the public with information.

      NEW SECTION. Sec. 9. A court having jurisdiction over a criminal or civil proceeding under this chapter shall take all steps reasonably necessary to safeguard the individual privacy and prevent harassment of a health care patient or health care provider who is a party or witness in a proceeding, including granting protective orders and orders in limine.

      Sec. 10. RCW 10.97.070 and 1977 ex.s. c 314 s 7 are each amended to read as follows:

      (1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss, damage, or injury together with such information as the agency reasonably believes may be of assistance to the victim in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a juvenile, whether charges have or have not been filed, or a prosecuting authority has declined to file a charge or a charge has been dismissed.

      (2) Unless the agency determines release would interfere with an ongoing criminal investigation, in any action brought pursuant to this chapter, criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a violation of section 3 of this act.

      (3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent disclosure of investigative information, except to the extent an additional disclosure is compelled by legal process.

      NEW SECTION. Sec. 11. Nothing in this chapter shall be construed to limit the right to seek other available criminal or civil remedies. The remedies provided in this chapter are cumulative, not exclusive.

      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. Sections 2 through 4, 6 through 9, and 11 of this act shall constitute a new chapter in Title 9A RCW.

      NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


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

     On page 1, line 2 of the title, after "delivery;" strike the remainder of the title and insert "amending RCW 10.31.100 and 10.97.070; adding a new chapter to Title 9A RCW; creating a new section; prescribing penalties; and declaring an emergency."


ROLL CALL


     On motion of Senator Adam Smith, the rules were suspended, Engrossed Substitute House Bill No. 1338, 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. 1338, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1338, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.

     Voting yea: Senators Barr, Bauer, Bluechel, Drew, Franklin, Fraser, Gaspard, Haugen, Jesernig, Loveland, McAuliffe, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, Winsley and Wojahn - 33.

     Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McCaslin, McDonald, Roach, Sellar, Smith, L. and West - 13.

     Excused: Senators Oke, Vognild and Williams - 3.

     ENGROSSED SUBSTITUTE HOUSE BILL NO. 1338, 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. 4003, by Representatives Mastin, Rayburn, Lisk, Sheahan, Grant, Bray, Ludwig, Chandler, Schoesler, Ballard, Foreman, Roland, Edmondson, Lemmon and Hansen

 

Concerning the preservation of salmon.


     The joint memorial was read the second time.


MOTIONS


     Senator Sutherland moved that the following Committee on Energy and Utilities amendment be adopted:

     Beginning on page 1, after line 9, strike all material through "Washington." on page 3, line 2, and insert the following:

     "WHEREAS, As many as fifteen million salmon used to return annually to the Columbia-Snake River system; and

     WHEREAS, Currently only about two million five hundred thousand salmon return each year; and

     WHEREAS, Wild salmon are important to the environmental and cultural heritage of the citizens of the State of Washington; and

     WHEREAS, Certain species of wild salmon have been designated as threatened or endangered under the authority granted by the Federal Endangered Species Act; and

     WHEREAS, Fisheries biologists from a variety of disciplines have identified a range of causes of mortality at each stage of the salmon's life cycle, and have agreed that recovery measures must address causes of mortality at each stage of the life cycle; and

     WHEREAS, Your Memorialists recognize that successful implementation of the comprehensive regional salmon recovery plan will require sacrifices by all economic stakeholders and substantial investment by the citizens of the region; and

     WHEREAS, The Columbia-Snake River system provides substantial economic benefits to the citizens of the State of Washington in the areas of agriculture, navigation, fisheries, energy, industry, recreation, and flood control; and

     WHEREAS, Stream flow augmentation is generally believed to provide biological benefits to migrating salmon, but there is continued uncertainty regarding the biological benefits to salmon of flow augmentation achieved by drawing down reservoir levels below minimum operating pool; and

     WHEREAS, Drawdowns below minimum operating pool on the Snake River, conducted in March 1992 for the limited purpose of evaluating impact to physical structures and facilities, caused the loss of as many as thirty thousand resident fish, exposed shoreline wildlife to predation, disrupted navigation, and caused substantial physical property damage to public and private facilities; and

     WHEREAS, Salmon migrating upstream to spawn are unable to pass through fish ladder systems when reservoirs are maintained at levels below minimum operating pool; and

     WHEREAS, Drawing down Columbia-Snake River system reservoirs below minimum operating pool for extended periods will cause substantial economic impacts, including increased costs for Washington's agricultural producers and shippers which may jeopardize their ability to compete in global markets; and

     WHEREAS, Maintaining reservoir levels at minimum operating pool, with modifications to existing irrigation pump stations on the John Day reservoir, enables the river system to support critical economic activity;

     NOW, THEREFORE, Your Memorialists respectfully pray that the officials charged with developing the regional salmon recovery plan carefully consider the biological needs of endangered salmon species, and, before drawing down reservoirs below minimum operating pool as part of the regional salmon recovery plan, give the strongest consideration to the economic impact of such drawdowns on the citizens of the State of Washington.

     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the Director of the National Marine Fisheries Service, the Assistant Secretary of the Army for Civil Works, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."


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

     On page 1, after line 6 of the amendment, strike the remainder of the amendment and insert the following:

     "WHEREAS, As many as fifteen million wild salmon used to return annually to the Columbia-Snake River system; and

     WHEREAS, Currently only about two million five hundred thousand salmon return each year; and

     WHEREAS, Wild salmon are important to the environmental and cultural heritage of the citizens of the State of Washington; and

     WHEREAS, Certain species of salmon have been designated as threatened or endangered under the authority granted by the Federal Endangered Species Act; and

     WHEREAS, Fisheries biologists from a variety of disciplines have identified a range of causes of mortality at each stage of the salmon's life cycle, and have agreed that recovery measures must address causes of mortality at each stage of the life cycle; and

     WHEREAS, Your Memorialists recognize that successful implementation of the comprehensive regional salmon recovery plan will require sacrifices by all economic stakeholders and substantial investment by the citizens of the region; and

     WHEREAS, The Columbia-Snake River system provides substantial economic benefits to the citizens of the State of Washington in the areas of agriculture, navigation, fisheries, energy, industry, recreation, and flood control; and

     WHEREAS, Stream flow augmentation is generally believed to provide biological benefits to migrating salmon, but there is continued uncertainty regarding the biological benefits to salmon of flow augmentation achieved by drawing down reservoir levels below minimum operating pool; and

     WHEREAS, Drawdowns below minimum operating pool on the Snake River, conducted in March 1992 for the limited purpose of evaluating impact to physical structures and facilities, caused the loss of resident fish, altered wildlife habitat, and increased risks of predation, disrupted navigation, and caused physical property damage to public and private facilities; and

     WHEREAS, Salmon migrating upstream to spawn are unable to pass through fish ladder systems when reservoirs are maintained at levels substantially below minimum operating pool; and

     WHEREAS, Drawing down Columbia-Snake River system reservoirs below minimum operating pool for extended periods causes substantial economic impacts, including increased costs for Washington's agricultural producers and shippers which jeopardize their ability to compete in global markets; and

     WHEREAS, Maintaining reservoir levels at minimum operating pool, with modifications to existing irrigation pump stations on the John Day reservoir, enables the river system to support critical economic activity;

     NOW, THEREFORE, Your Memorialists respectfully pray that the officials charged with developing the regional salmon recovery plan carefully consider the biological needs of endangered salmon species, and before drawing down reservoirs below minimum operating pool as part of the regional salmon recovery plan, give the strongest consideration to the economic impact of such drawdowns on the citizens of the State of Washington; and

     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the Director of the National Marine Fisheries Service, the Assistant Secretary of the Army for Civil Works, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

     The President declared the question before the Senate to be the adoption of the Committee on Energy and Utilities amendment on page 1, after line 9, as amended, to Engrossed House Joint Memorial No. 4003.

     The Committee on Energy and Utilities amendment, as amended, to Engrossed House Joint Memorial No. 4003 was adopted.


MOTION


     On motion of Senator Sutherland, the rules were suspended, Engrossed House Joint Memorial No. 4003, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint memorial 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 Joint Memorial No. 4003, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Engrossed House Joint Memorial No. 4003, as amended by the Senate, and the joint memorial passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

     Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 44.

     Absent: Senators Drew and Rinehart - 2.

     Excused: Senators Oke, Vognild and Williams - 3.

     ENGROSSED HOUSE JOINT MEMORIAL NO. 4003, as amended by the Senate, having received the constitutional majority, was declared passed.


SECOND READING


     HOUSE BILL NO. 1884, by Representatives Holm, G. Fisher, Edmondson, Kremen and Rayburn

 

Exempting nonprofit organizations providing credit services from the business and occupation tax.


     The bill was read the second time.


MOTION


     On motion of Senator Spanel, the rules were suspended, House Bill No. 1884 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. 1884.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1884 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 4; Absent, 2; Excused, 3.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Rasmussen, M., Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 40.

     Voting nay: Senators Anderson, Erwin, Nelson and Sellar - 4.

     Absent: Senators Quigley and Rinehart - 2.

     Excused: Senators Oke, Vognild and Williams - 3.

     HOUSE BILL NO. 1884, 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. 1062, by Representatives Rayburn, Chandler, Schoesler, Kremen, Grant, Roland, Sheahan, Lemmon, Morton and Lisk

 

Repealing the sunset provisions for the IMPACT center.


     The bill was read the second time.


MOTION


     On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1062 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. 1062.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1062 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

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

     Absent: Senator Deccio - 1.

     Excused: Senators Oke, Vognild and Williams - 3.

     HOUSE BILL NO. 1062, 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. 1943, by Representatives Brumsickle, Jacobsen, Dorn, Quall, Shin, L. Johnson, King and Long

 

Allowing community and technical college foundations to manage funds for their exceptional faculty awards.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, House Bill No. 1943 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. 1943.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 1943 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

     Excused: Senators Oke, Vognild and Williams - 3.

     HOUSE BILL NO. 1943, 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. 1507, by House Committee on Transportation (originally sponsored by Representatives Zellinsky, Ballard, Chappell, Van Luven, R. Johnson, Campbell, R. Meyers, Springer and Sheldon)

 

Penalizing owners of abandoned, unauthorized, or junk vehicles.


     The bill was read the second time.


MOTIONS


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

     On page 1, line 16, after "for" strike "a" and insert "restitution in the amount of the"


     On motion of Senator Nelson, the rules were suspended, Substitute House Bill No. 1507, 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. 1507, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1507, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

     Absent: Senator Rinehart - 1.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1507, 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. 2008, by Representative Dunshee

 

Affecting withdrawal of territory by special districts.


     The bill was read the second time.


MOTIONS


     Senator Haugen moved that the following Committee on Government Operations amendment be adopted:

     Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 85.22.010 and 1933 c 182 s 1 are each amended to read as follows:

      Any diking district ((organized under the provisions of chapter CXVII (117) of the Laws of 1895, and the acts amendatory thereof, which has been reorganized under the provisions of chapter 131 of the Laws of 1917, and the acts amendatory thereof, and any)); drainage district ((organized under the provisions of chapter CXV (115) of the Laws of 1895, and the acts amendatory thereof, whether the same has been organized as a drainage and irrigation improvement district or as a drainage district,)); irrigation district; intercounty diking and drainage district; diking, drainage, and/or sewerage improvement district; consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or flood control district may reorganize as a drainage and irrigation improvement district or as a diking, drainage and irrigation improvement district in the manner provided in this chapter.

      NEW SECTION. Sec. 2. A new section is added to chapter 85.38 RCW to read as follows:

      A special district may withdraw area from its boundaries that is located within the boundaries of a city or town, or area that includes area both within and adjacent to the boundaries of any city or town, under this section.

      (1) The withdrawal of area is authorized upon the following conditions being met: (a) Adoption of a resolution by the special district requesting withdrawal of the area from the district; (b) adoption of a resolution by the city or town council approving the withdrawal of the special district from the area; (c) assumption by the city or town of full responsibility for the maintenance, improvements, and collection of payment for the operation of the system previously operated by the special district in the area; (d) transfer by the special district of all rights-of-way or easements in the area to the city or town by quit claim or deed; and (e) adoption of an interlocal agreement between the special district and the city or town that reimburses the special district for lost assessment revenue from the withdrawn area, that transfers any facilities or improvements owned by the special district to the city or town as agreed between the parties, and that requires the city or town to maintain existing water run-off and water quality levels in the area.

      (2) Property in the territory withdrawn from the boundaries of a special district under this section shall remain liable for any special assessments of the special district from which it was withdrawn, if the special assessments are associated with bonds or notes used to finance facilities serving the property, to the same extent as if the withdrawal of property had not occurred.

      Sec. 3. RCW 85.38.140 and 1985 c 396 s 15 are each amended to read as follows:

      The process by which budgets are adopted, special assessments are measured and imposed, rates and charges are fixed, and assessment zones are established, as provided in RCW 85.38.140 through 85.38.170, shall constitute an alternative optional method of financing special districts. A special district in existence prior to July 28, 1985, may conform with RCW 85.38.140 through 85.38.170 when its governing body adopts a resolution indicating its intention to conform with such laws. Whenever such a resolution is adopted, or a new special district is created on or after July 28, 1985, RCW 85.38.140 through 85.38.170 shall be the exclusive method by which the special district measures and imposes special assessments and adopts its budget. The governing body of a special district that was created before July 28, 1985, and which operates under RCW 85.38.140 through 85.38.170, may adopt a resolution removing the special district from operating under RCW 85.38.140 through 85.38.170, and operate under alternative procedures available to the special district. A county may charge a special district for costs the county incurs in establishing a system or systems of assessment for the special district pursuant to RCW 85.38.140 through 85.38.170.

      NEW SECTION. Sec. 4. A new section is added to chapter 85.38 RCW to read as follows:

      Regardless of whether any special assessments have been or may be imposed on a particular parcel of real property pursuant to this chapter, in order to implement the authority granted under RCW 85.38.180(3), a special district may fix rates and charges payable by owners or occupiers of real estate within the special district. When fixing rates and charges, the district may consider the degree to which activities on a parcel of real property, including on-site septic systems, contribute to the problems that the special district is authorized to address under RCW 85.38.180(3).

      NEW SECTION. Sec. 5. RCW 85.07.080 and 1983 c 167 s 191 and 1935 c 103 s 3 are each repealed."


     On motion of Senator Haugen, the following amendment by Senators Haugen and Newhouse to the Committee on Government Operations striking amendment was adopted:

     On page 1, line 16 of the amendment, after "irrigation" insert "improvement"

     The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended, to House Bill No. 2008.

     The Committee on Government Operations striking amendment, as amended, to House Bill No. 2008 was adopted.


MOTIONS


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

     On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 85.22.010 and 85.38.140; adding new sections to chapter 85.38 RCW; and repealing RCW 85.07.080."


     On motion of Senator Haugen, the rules were suspended, House Bill No. 2008, 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. 2008, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of House Bill No. 2008, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

     Voting yea: Senators Amondson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, 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.

     Voting nay: Senator Anderson - 1.

     Excused: Senators Oke and Williams - 2.

     HOUSE BILL NO. 2008, 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. 1458, by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Mielke, Dorn, R. Johnson and Fuhrman)

 

Regulating retail charge agreements.


     The bill was read the second time.


MOTION


     Senator Moore moved that the following Committee on Labor and Commerce amendment be adopted:

     On page 5, line 11, after "appeal." strike all material through "1990." on line 12

     Debate ensued.

     The President declared the question before the Senate to be the adoption of the Committee on Labor and Commerce amendment on page 5, line 11, to Substitute House Bill No. 1458.

     The motion by Senator Moore carried and the Committee on Labor and Commerce amendment was adopted.


MOTION


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1458, 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. 1458, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1458, 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 Amondson, Barr, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Winsley and Wojahn - 41.

     Voting nay: Senators Anderson, Cantu, Hochstatter, Pelz, Sellar and Smith, L. - 6.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1458, 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. 1752, by House Committee on Energy and Utilities (originally sponsored by Representatives Grant, Casada and Miller)

 

Changing telephone relay service provisions.


     The bill was read the second time.


MOTIONS


     On motion of Senator Sutherland, the following Committee on Energy and Utilities amendments were considered simultaneously and were adopted:

     On page 2, line 33, after "commencing" insert "on or before"

     On page 3, line 28, after ""Funds" insert "federal"


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

     On page 5, after line 11, insert the following:

     "NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


MOTIONS


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

     On page 1, beginning on line 1 of the title, after "service;" strike the remainder of the title and insert "amending RCW 43.20A.725; and declaring an emergency."


     On motion of Senator Sutherland, the rules were suspended, Substitute House Bill No. 1752, 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. 1752, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1752, 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 Bauer, Bluechel, Deccio, Drew, Fraser, Gaspard, Hargrove, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West and Winsley - 38.

     Voting nay: Senators Amondson, Anderson, Barr, Cantu, Erwin, Franklin, Haugen, Sellar and Wojahn - 9.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1752, 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. 1766, by House Committee on Commerce and Labor (originally sponsored by Representatives G. Cole, Heavey, Ogden, Zellinsky, R. Meyers, Wang, Conway and J. Kohl) (by request of Attorney General)

 

Concerning automotive repair.


     The bill was read the second time.


MOTIONS


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

     On page 4, line 15, after "labor," insert "or where collision repair is involved, after market body parts or nonoriginal equipment manufacturer body parts, if applicable,"

     On page 4, line 37, after "labor," insert "or where collision repair is involved, after market body parts or nonoriginal equipment manufacturer body parts, if applicable,"


     On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 1766, 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. 1766, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1766, 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, Moyer, Nelson, Newhouse, Niemi, 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 Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1766, 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. 1767, by House Committee on Higher Education (originally sponsored by Representatives Basich, Jacobsen, Brumsickle, Dellwo, Leonard, J. Kohl, Ogden, Quall, Bray, Kessler, Shin and Johanson)

 

Encouraging minimum standards for intercollegiate coaches at community and technical colleges.


     The bill was read the second time.


MOTION


     On motion of Senator Bauer, the rules were suspended, Substitute House Bill No. 1767 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. 1767.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1767 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; 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, Moyer, Nelson, Newhouse, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, von Reichbauer, West, Winsley and Wojahn - 45.

     Voting nay: Senator Vognild - 1.

     Absent: Senator Rinehart - 1.

     Excused: Senators Oke and Williams - 2.

     SUBSTITUTE HOUSE BILL NO. 1767, 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. 1100, by House Committee on Environmental Affairs (originally sponsored by Representatives Bray, J. Kohl, Rust and Leonard)

 

Imposing a fee on waste transported without a cover.


     The bill was read the second time.


MOTIONS


     Senator Fraser moved that the following Committee on Ecology and Parks amendment be adopted:

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 70.93 RCW to read as follows:

     (1) By January 1, 1994, each county or city with a staffed transfer station or landfill in its jurisdiction shall adopt an ordinance to reduce litter from vehicles. The ordinance shall require the operator of a vehicle transporting solid waste to a staffed transfer station or landfill to secure or cover the vehicle's waste in a manner that will prevent spillage. The ordinance may provide exemptions for vehicle operators transporting waste that is unlikely to spill from a vehicle.

     The ordinance may, in the absence of an exemption, require a fee, in addition to other landfill charges, for a person arriving at a staffed landfill or transfer station without a cover on the vehicle's waste or without the waste secured.

     (2) The fee collected under subsection (1) of this section shall be deposited, no less often than quarterly, with the city or county in which the landfill or transfer station is located.

     (3) A vehicle transporting sand, dirt, or gravel in compliance with the provisions of RCW 46.61.655 shall not be required to secure or cover a load pursuant to ordinances adopted under this section."


     On motion of Senator Fraser, the following amendment by Senators Fraser and Talmadge to the Committee on Ecology and Parks amendment was adopted:

     On page 1, line 16 of the committee amendment, after "ordinance" strike "may" and insert "shall"

     The President declared the question before the Senate to be the adoption of the Committee on Ecology and Parks striking amendment, as amended, to Substitute House Bill No. 1100.


POINT OF INQUIRY


     Senator Wojahn: "Senator Fraser, I notice that you are going to have a mandatory fee on trucks that aren't covered adequately and yet you preclude transporting gravel and dirt and things of that type with no cover. Now, my windshield of my car is covered with pits from gravel that has been dropped by the way side and it has been picked up and hits my windshield. I don't understand why you are not including them in the requirement to cover. Can you answer that question, because if you can't, I'm going to vote 'no' on this bill?"

     Senator Fraser: "The answer to that question--we did discuss this very question in committee--because the concern you raise is very wide-spread, including with yours truly. That is covered under another statute that requires gravel loads to be no higher in a truck than a certain distance below the top of the truck level--where the material is being transported. Because it is covered in another statute, it is not addressed in this one."

     Senator Wojahn: "But if it is below the level, they don't have to cover it, is that what you are saying? If it doesn't rise up above the top of the truck or the flat of the truck, it doesn't have to be covered?"

     Senator Fraser: "That is my recollection."

     Senator Wojahn: "Well, gravel can bounce out, whether it is above the level of the truck or not. I don't think this is a good bill. I think it is a bad bill."

     Further debate ensued.

     The Committee on Ecology and Parks striking amendment, as amended, to Substitute House Bill No. 1100, as amended, was adopted.


MOTION


     On motion of Senator Amondson, Senator McCaslin was excused.


MOTIONS


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

     On page 1, line 1 of the title, after "materials;" strike the remainder of the title and insert "and adding a new section to chapter 70.93 RCW."


     On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1100, 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. 1100, as amended by the Senate.


ROLL CALL


     The Secretary called the roll on the final passage of Substitute House Bill No. 1100, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 20; Absent, 2; Excused, 2.

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

     Voting nay: Senators Amondson, Anderson, Barr, Cantu, Deccio, Erwin, Hargrove, Hochstatter, McDonald, Moyer, Nelson, Owen, Prince, Roach, Sellar, Smith, L., von Reichbauer, West, Winsley and Wojahn - 20.

     Absent: Senators Newhouse and Vognild - 2.

     Excused: Senators McCaslin and Oke - 2.

     SUBSTITUTE HOUSE BILL NO. 1100, 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 5:49 p.m., on motion of Senator Jesernig, the Senate adjourned until 8:00 a.m., Friday, April 9, 1993.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate