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THIRTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, February 12, 1994

      The Senate was called to order at 8:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Cantu, Hochstatter, McAuliffe, McCaslin, Niemi, Adam Smith, Linda Smith and West. On motion of Senator Oke, Senators Cantu, Hochstatter, McCaslin, Linda Smith and West were excused. On motion of Senator Drew, Senator McAuliffe was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Teresa Comer and Libby Liming, presented the Colors. Senator Bob Oke offered the prayer.

MOTION

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

MESSAGES FROM THE HOUSE

February 10, 1994

MR. PRESIDENT:

      The House has passed:

      SECOND SUBSTITUTE HOUSE BILL NO. 1235,

      SUBSTITUTE HOUSE BILL NO. 1561,

      SUBSTITUTE HOUSE BILL NO. 2076,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2154,

      SUBSTITUTE HOUSE BILL NO. 2176,

      HOUSE BILL NO. 2189,

      SUBSTITUTE HOUSE BILL NO. 2197,

      HOUSE BILL NO. 2211,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2237,

      SUBSTITUTE HOUSE BILL NO. 2239,

      HOUSE BILL NO. 2275,

      ENGROSSED HOUSE BILL NO. 2292,

      SUBSTITUTE HOUSE BILL NO. 2365,

      HOUSE BILL NO. 2478,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2595,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2628,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2637,

      SUBSTITUTE HOUSE BILL NO. 2642,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2647,

      HOUSE BILL NO. 2661,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2696,

      HOUSE BILL NO. 2809,

      HOUSE BILL NO. 2812, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 10, 1994

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 2278,

      SUBSTITUTE HOUSE BILL NO. 2280,

      SUBSTITUTE HOUSE BILL NO. 2325,

      SUBSTITUTE HOUSE BILL NO. 2402,

      SUBSTITUTE HOUSE BILL NO. 2425,

      SUBSTITUTE HOUSE BILL NO. 2429,

      SUBSTITUTE HOUSE BILL NO. 2436,

      SUBSTITUTE HOUSE BILL NO. 2456,

      HOUSE BILL NO. 2480, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 10, 1994

MR. PRESIDENT:

      The House has passed:

      ENGROSSED HOUSE BILL NO. 2236,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326,

      SUBSTITUTE HOUSE BILL NO. 2443,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2462,

      HOUSE BILL NO. 2612,

      SUBSTITUTE HOUSE BILL NO. 2629,

      HOUSE BILL NO. 2677,

      HOUSE BILL NO. 2678,

      HOUSE BILL NO. 2750,

      HOUSE BILL NO. 2843, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 11, 1994

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4429, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 11, 1994

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 2814,

      HOUSE BILL NO. 2841,

      SUBSTITUTE HOUSE BILL NO. 2891,

      HOUSE BILL NO. 2905,

      HOUSE BILL NO. 2909, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 11, 1994

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 2486,

      SUBSTITUTE HOUSE BILL NO. 2493,

      HOUSE BILL NO. 2503,

      SUBSTITUTE HOUSE BILL NO. 2504,

      HOUSE BILL NO. 2511,

      HOUSE BILL NO. 2512,

      SUBSTITUTE HOUSE BILL NO. 2516,

      HOUSE BILL NO. 2527,

      SUBSTITUTE HOUSE BILL NO. 2529,

      SUBSTITUTE HOUSE BILL NO. 2557,

      HOUSE BILL NO. 2558,

      HOUSE BILL NO. 2562,

      HOUSE BILL NO. 2606,

      SUBSTITUTE HOUSE BILL NO. 2608,

      HOUSE BILL NO. 2645,

      SUBSTITUTE HOUSE BILL NO. 2662, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

February 11, 1994

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 2685,

      SUBSTITUTE HOUSE BILL NO. 2707,

      SUBSTITUTE HOUSE BILL NO. 2709,

      SUBSTITUTE HOUSE BILL NO. 2738,

      SUBSTITUTE HOUSE BILL NO. 2764,

      SUBSTITUTE HOUSE BILL NO. 2771,

      HOUSE BILL NO. 2811, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

2SHB 1235        by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Padden, Ludwig and Johanson)

Creating partnerships.

Referred to Committee on Law and Justice.

SHB 1561          by House Committee on Human Services (originally sponsored by Representatives Brown, Wolfe, Thibaudeau, Mastin, J. Kohl, H. Myers, Johanson, Romero, Leonard, Karahalios and L. Johnson)

Studying whether preschools should be regulated like agencies that care for children, expectant mothers, and developmentally disabled people.

Referred to Committee on Health and Human Services.

SHB 2076          by House Committee on Capital Budget (originally sponsored by Representatives Jacobsen, Ogden, Quall, G. Cole, Johanson, Kremen, Flemming and Eide)

Creating a process for maintenance and efficient operation of state agency and school district facilities.

Referred to Committee on Ways and Means.

E2SHB 2154      by House Committee on Appropriations (originally sponsored by Representatives R. Meyers, Valle, Carlson, Jones, Dellwo, Roland, Campbell, Dorn, Ogden, Kessler, Holm, Wineberry and Thibaudeau)

Providing protection for residents of long-term care facilities.

Referred to Committee on Health and Human Services.

SHB 2176          by House Committee on Local Government (originally sponsored by Representatives G. Cole, Edmondson, Jacobsen, Padden, Dunshee, Orr, Lemmon and Carlson)

Incorporating and annexing cities and towns.

Referred to Committee on Government Operations.

HB 2189            by Representatives Kremen, J. Kohl and Linville

Providing a tax exemption for property used by nonprofit organizations for camping and recreational purposes.

Referred to Committee on Ways and Means.

SHB 2197          by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Appelwick, Wood, Kessler, Ballard, Karahalios, Reams, Wineberry, Foreman, Dyer, Jones, Casada, B. Thomas, Long, Campbell, Van Luven, Silver, Schmidt, Brumsickle, Brough, Edmondson, Cooke, J. Kohl, King, Flemming, Roland, Kremen, Sheldon, Chandler, Eide, Johanson, Springer and Mastin)

Providing notice of inmate release.

Referred to Committee on Law and Justice.

HB 2211            by Representatives R. Meyers, Padden, Appelwick, Wineberry, J. Kohl and Johanson

Allowing costs to be imposed against a defaulting defendant.

Referred to Committee on Law and Justice.

EHB 2236          by Representatives R. Johnson, Long, Quall, J. Kohl, Wineberry, Pruitt, Kremen and Johanson

Stalking or harassing.

Referred to Committee on Law and Justice.

ESHB 2237        by House Committee on Capital Budget (originally sponsored by Representatives Wang, Ogden, Sehlin, Silver, Linville, King, Flemming, Pruitt, Karahalios, Romero, Dunshee, Eide and Springer)

Improving the efficiency of state facilities and the budget process.

Referred to Committee on Ways and Means.

SHB 2239          by House Committee on Capital Budget (originally sponsored by Representatives Wang, Ogden, Sehlin, Silver, Jones, King, Karahalios, Eide and Springer) (by request of Department of Corrections and Department of General Administration)

Providing procedures for innovative prison construction.

Referred to Committee on Ways and Means.

HB 2275            by Representatives Kessler, H. Myers, Springer, Jones, Morris, Sheldon, Wineberry, King, Campbell, Holm, Chandler and Foreman (by request of Department of Community Development)

Modifying the emergency mortgage and rental assistance program for dislocated forest products workers.

Referred to Committee on Trade, Technology and Economic Development.

SHB 2278          by House Committee on Local Government (originally sponsored by Representatives Horn, H. Myers, Edmondson and Springer)

Making laws relating to local government office vacancies more uniform.

Referred to Committee on Government Operations.

SHB 2280          by House Committee on Revenue (originally sponsored by Representatives Holm, B. Thomas, Sheldon, Jones, Kessler and J. Kohl)

Increasing the minimum lot size for property tax relief for senior citizens and disabled persons.

Referred to Committee on Ways and Means.

EHB 2292          by Representatives Conway, Basich, Kremen, Rayburn, Orr, Lisk, Dyer, Sheahan, King, Chappell, Johanson, Sheldon, Flemming, Jones, Eide, Schoesler, Campbell, Long, Roland, Chandler and Kessler

Providing free hunting licenses to veterans who are confined to wheelchairs.

Referred to Committee on Natural Resources.

SHB 2325          by House Committee on Local Government (originally sponsored by Representatives Edmondson, H. Myers and Springer)

Revising procedures for changing the plan of government for cities and towns.

Referred to Committee on Government Operations.

ESHB 2326        by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Heavey, Cooke, Schmidt, Sheldon and Springer)

Eliminating gasohol tax exemption.

Referred to Committee on Transportation.

SHB 2365          by House Committee on Fisheries and Wildlife (originally sponsored by Representatives Foreman, King, Rust and Quall)

Reducing disturbances to fish, wildlife, and their habitats.

Referred to Committee on Natural Resources.

SHB 2402          by House Committee on Local Government (originally sponsored by Representatives Dellwo, Mielke, Brown, Orr and Silver)

Changing provisions regarding public facilities districts.

Referred to Committee on Government Operations.

SHB 2425          by House Committee on Revenue (originally sponsored by Representatives Jones, G. Fisher, Foreman, Heavey and Kessler)

Modifying procedures for residential property tax exemption.

Referred to Committee on Ways and Means.

SHB 2429          by House Committee on Human Services (originally sponsored by Representatives Karahalios, Johanson and Wineberry)

Concerning funeral expenses for indigent persons.

Referred to Committee on Government Operations.

SHB 2436          by House Committee on Energy and Utilities (originally sponsored by Representative Zellinsky)

Revising provisions relating to radon testing.

Referred to Committee on Energy and Utilities.

SHB 2443          by House Committee on Health Care (originally sponsored by Representatives Dellwo, L. Johnson, Conway, Wineberry, Wolfe, J. Kohl, Veloria, Romero and King) (by request of Health Services Commission and Governor Lowry)

Modifying employer-sponsored health benefits coverage for seasonal workers.

Referred to Committee on Health and Human Services.

SHB 2456          by House Committee on Revenue (originally sponsored by Representatives Valle, Silver, Morris, Talcott, Wolfe, Romero and Van Luven)

Eliminating references to reclassified reforestation lands.

Referred to Committee on Natural Resources.

ESHB 2462        by House Committee on Environmental Affairs (originally sponsored by Representatives R. Johnson, Pruitt and Rust)

Providing for flood hazard management.

Referred to Committee on Natural Resources.

HB 2478            by Representatives Foreman and G. Fisher (by request of Department of Revenue)

Requiring reporting to the department of revenue by purchasers of timber and logs.

Referred to Committee on Natural Resources.

HB 2480            by Representatives G. Fisher and Foreman (by request of Department of Revenue)

Relating to the taxation of manufacturers of fish products.

Referred to Committee on Ways and Means.

HB 2486            by Representatives Ogden, Silver, Fuhrman, Valle, Sommers, Chandler, Brough, Dyer, Talcott, Forner, Long and Wood (by request of Legislative Budget Committee)

Delaying or repealing specified sunset provisions.

Referred to Committee on Government Operations.

SHB 2493          by House Committee on Health Care (originally sponsored by Representatives Dellwo and Dyer) (by request of Department of Social and Health Services)

Excluding medical assistance administration reimbursement fees and schedules from the administrative procedure act.

Referred to Committee on Health and Human Services.

HB 2503            by Representatives Dunshee, Carlson and Holm

Removing requirement that board of equalization appeals be filed with county auditor.

Referred to Committee on Government Operations.

SHB 2504          by House Committee on Commerce and Labor (originally sponsored by Representatives Jacobsen and Anderson) (by request of Department of Licensing)

Changing the name of the profession from shorthand reporting to court reporting, and changing some of the licensing requirements.

Referred to Committee on Labor and Commerce.

HB 2511            by Representatives Leonard, Cooke, Thibaudeau, King and Ogden (by request of Department of Social and Health Services)

Petitioning for involuntary treatment.

Referred to Committee on Health and Human Services.

HB 2512            by Representatives Leonard, Cooke, Thibaudeau, Karahalios, Sheldon, J. Kohl and King (by request of Department of Social and Health Services)

Expanding eligibility criteria for funds for sexually aggressive youth.

Referred to Committee on Health and Human Services.

SHB 2516          by House Committee on Agriculture and Rural Development (originally sponsored by Representatives Jones, King and Rayburn)

Limiting the liability for damage resulting from wildlife-induced fence destruction.

Referred to Committee on Agriculture.

HB 2527            by Representatives Appelwick, Campbell, Dyer, Morris, Casada, Wineberry, Dorn, Ballasiotes, Chappell, Kessler, Anderson, Carlson, Conway, Johanson, Pruitt, Jones, Moak, Roland, Schoesler and Springer

Repealing provisions relating to the chiropractic review board.

Referred to Committee on Health and Human Services.

SHB 2529          by House Committee on Judiciary (originally sponsored by Representatives Karahalios, Veloria and Mielke)

Providing that persons and entities involved in adoption processes shall incur no liability.

Referred to Committee on Health and Human Services.

SHB 2557          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky and Dunshee) (by request of Department of Licensing)

Deregulating debt adjusters.

Referred to Committee on Labor and Commerce.

HB 2558            by Representative Zellinsky (by request of Utilities and Transportation Commission)

Changing provisions relating to regulation of securities issued by regulated utilities and transportation companies.

Referred to Committee on Energy and Utilities.

HB 2562            by Representative Rayburn

Foreclosing liens on delinquent assessments.

Referred to Committee on Agriculture.

ESHB 2595        by House Committee on Human Services (originally sponsored by Representatives Leonard, Padden, Karahalios, Thibaudeau, Patterson, Rust, Pruitt, Ogden, Caver, G. Cole, Scott, King, J. Kohl and L. Johnson) (by request of Attorney General)

Changing provisions relating to children removed from the custody of parents.

Referred to Committee on Health and Human Services.

HB 2606            by Representative R. Fisher

Modifying apportionment of motor vehicle excise taxes.

Referred to Committee on Transportation.

SHB 2608          by House Committee on Local Government (originally sponsored by Representatives Moak, Edmondson, H. Myers, Springer and Rayburn)

Allowing a port commission to sell property valued at under ten thousand dollars.

Referred to Committee on Government Operations.

HB 2612            by Representatives Eide, Johanson, R. Meyers and Roland

Eliminating elective office candidate qualification evaluations from topics for executive sessions of governing bodies.

Referred to Committee on Government Operations.

ESHB 2628        by House Committee on Local Government (originally sponsored by Representatives R. Fisher, Campbell, Edmondson, Sommers, Appelwick and Dorn)

Revising provisions relating to condemnation of blighted property.

Referred to Committee on Government Operations.

SHB 2629          by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Appelwick, Campbell, Sommers, Edmondson and Dorn)

Revising the definition of junk vehicle.

Referred to Committee on Transportation.

ESHB 2637        by House Committee on State Government (originally sponsored by Representatives Karahalios, Reams, Foreman, Kessler, Roland, Brough, Zellinsky, B. Thomas, Linville, Eide, Springer, G. Fisher, R. Johnson, Finkbeiner, Rayburn, Hansen, Mastin, Patterson, Brown, Chandler, Morris, Flemming, Forner, Wolfe, Campbell, Johanson, Quall, Horn, Romero, Schoesler, Moak, Fuhrman, Dyer, Wood, L. Thomas, Tate, Mielke, Backlund and Long)

Developing a plan to increase collection of state-held bad debt.

Referred to Committee on Ways and Means.

SHB 2642          by House Committee on Commerce and Labor (originally sponsored by Representatives Heavey and Lisk) (by request of Department of Community Development)

Modifying fireworks enforcement protection services.

Referred to Committee on Labor and Commerce.

HB 2645            by Representatives Rayburn, Chandler, Grant, Ballard, Schoesler, H. Myers, Foreman, Lisk and Roland

Giving the apple advertising commission authority to accept gifts, grants, and other donations.

Referred to Committee on Agriculture.

ESHB 2647        by House Committee on Transportation (originally sponsored by Representative Peery)

Granting special parking privileges to cabulances.

Referred to Committee on Transportation.

HB 2661            by Representatives Hansen and Rayburn

Extending the time for filing and sending notice for crop liens for furnishing work or labor.

Referred to Committee on Agriculture.

SHB 2662          by House Committee on Revenue (originally sponsored by Representatives Holm, Foreman, G. Fisher, Dunshee, Patterson, Dorn, Lemmon, Basich, Ogden, Jones, Finkbeiner, Moak, Kremen, Springer, Roland, King, Cothern, Morris, J. Kohl and L. Johnson) (by request of Department of Revenue)

Modifying hazardous waste fees.

Referred to Committee on Ecology and Parks.

HB 2677            by Representatives Karahalios, Reams, Anderson, Jones, Kessler and Conway (by request of Governor Lowry)

Expediting the merger of the departments of community development and trade and economic development.

Referred to Committee on Trade, Technology and Economic Development.

HB 2678            by Representatives Quall, Reams, King, Anderson, Jones, Kessler and Conway (by request of Governor Lowry)

Expediting the merger of the departments of fisheries and wildlife.

Referred to Committee on Natural Resources.

SHB 2685          by House Committee on Health Care (originally sponsored by Representatives Heavey, Lisk, Springer, Basich and Kessler)

Concerning the placement of cigarette vending machines.

Referred to Committee on Health and Human Services.

ESHB 2696        by House Committee on Commerce and Labor (originally sponsored by Representatives Flemming, Heavey, Backlund, Veloria, Thibaudeau, Campbell, Valle, Wineberry, Holm, Roland, Johanson, Pruitt, J. Kohl, Jones, L. Johnson, King, Karahalios, Conway and Springer)

Developing procedures and criteria for chemically related illness.

Referred to Committee on Labor and Commerce.

SHB 2707          by House Committee on Transportation (originally sponsored by Representatives R. Fisher and Johanson) (by request of Transportation Improvement Board)

Revising transportation improvement funding procedures.

Referred to Committee on Transportation.

SHB 2709          by House Committee on Health Care (originally sponsored by Representative Dyer)

Modifying the implementation date of the long-term care partnership program.

Referred to Committee on Health and Human Services.

SHB 2738          by House Committee on Health Care (originally sponsored by Representatives Flemming and Foreman)

Revising provisions relating to certificates of need.

Referred to Committee on Health and Human Services.

HB 2750            by Representatives Long, Bray, Kessler, Johanson, Chandler, Finkbeiner, Kremen and Caver

Changing provisions relating to joint operating agencies.

Referred to Committee on Energy and Utilities.

SHB 2764          by House Committee on Health Care (originally sponsored by Representatives Veloria, Dyer, Dellwo, Carlson, Fuhrman, Foreman, Edmondson, Cooke, Pruitt and Long)

Modifying the authority of the board of physical therapy.

Referred to Committee on Health and Human Services.

SHB 2771          by House Committee on Local Government (originally sponsored by Representatives Chappell, Brumsickle, Chandler, Sehlin, Hansen, L. Thomas, McMorris, Fuhrman, Dyer, Schoesler, Sheahan, Holm and Basich)

Allowing permits for instruction in methods of fire fighting.

Referred to Committee on Ecology and Parks.

HB 2809            by Representatives Backlund, Finkbeiner, Flemming, L. Johnson, Stevens, Romero, Basich, Talcott, Chandler, Casada, McMorris and Cothern

Exempting photography studios from cosmetology licensing requirements.

Referred to Committee on Labor and Commerce.

HB 2811            by Representatives Caver, Anderson, Wolfe, Reams, Ballard, Pruitt, Jones, Dunshee, Quall, Karahalios and Springer (by request of Department of General Administration)

Eliminating obsolete practices in state procurement.

Referred to Committee on Government Operations.

HB 2812            by Representatives Bray, Caver, Romero, Reams and Ballard (by request of Department of General Administration)

Revising provisions insuring energy conservation in design of public buildings.

Referred to Committee on Energy and Utilities.

HB 2814            by Representatives Anderson, Veloria, Caver, Wolfe, Romero and Dunshee (by request of Department of General Administration)

Allowing public benefit nonprofit corporations to participate in state contracts for purchases.

Referred to Committee on Government Operations.

HB 2841            by Representatives Peery, Brumsickle, Jacobsen, Flemming, Shin, Talcott, Lemmon, Springer, Johanson and Basich

Authorizing colleges to transfer exceptional faculty award funds to local endowment funds.

Referred to Committee on Higher Education.

HB 2843            by Representatives G. Cole, Long, Heavey, Roland, Cothern, Jones, Caver, Valle, Flemming, Wolfe, L. Johnson, Shin, Lemmon, Conway, Springer, Karahalios, J. Kohl, Kessler, Orr and King (by request of Department of Labor and Industries)

Creating pilot projects to reduce long-term disability within workers' compensation.

Referred to Committee on Labor and Commerce.

SHB 2891          by House Committee on Education (originally sponsored by Representatives Dorn and Springer)

Providing medical aid benefits coverage for school district-sponsored work-based learning experiences.

Referred to Committee on Education.

HB 2905            by Representatives Sommers, Long, Linville and Rayburn (by request of Joint Committee on Pension Policy)

Making permanent and simplifying the age sixty-five cost-of-living adjustment to retirement allowances.

Referred to Committee on Ways and Means.

HB 2909            by Representatives R. Fisher, Schmidt, Forner and Wood

Authorizing bonds for public-private transportation initiatives.

Referred to Committee on Transportation.

HCR 4429          by Representatives King, Anderson, Fuhrman, Orr, Jacobsen, Rayburn, Lisk, Veloria, Schmidt, Heavey, Ballard, Wineberry, Sheldon, Leonard, Pruitt, Jones and J. Kohl

Establishing a joint select committee on Indian Affairs.

Referred to Committee on Government Operations.

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

      On motion of Senator Bauer, Gubernatorial Appointment No. 9254, Gina Vicente, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.

      Senators Bauer and Sheldon spoke to the confirmation of Gina Vicente as a member of the Board of Trustees for Olympic Community College.

MOTION

      On motion of Senator Oke, Senator McDonald was excused.

CONFIRMATION OF GINA VICENTE

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 41.

      Absent: Senators Niemi and Smith, A. - 2.

      Excused: Senators Cantu, Hochstatter, McCaslin, McDonald, Smith, L. and West - 6.

MOTION

      On motion of Senator Drew, Senators Niemi and Adam Smith were excused.

MOTION

      On motion of Senator Quigley, Gubernatorial Appointment No. 9394, Dr. Wendy Pava, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

CONFIRMATION OF DR. WENDY PAVA

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 42.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi, Smith, A., Smith, L. and West - 7.

MOTION

      On motion of Senator Pelz, Gubernatorial Appointment No. 9395, Terry Robertson, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

CONFIRMATION OF TERRY ROBERTSON

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 42.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi, Smith, A., Smith, L. and West - 7.

MOTION

      On motion of Senator Pelz, Gubernatorial Appointment No. 9397, Cynthia L. Roney, as a member of the Board of Trustees for the State School for the Blind, was confirmed.

CONFIRMATION OF CYNTHIA L. RONEY

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 42.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi, Smith, A., Smith, L. and West - 7.

SECOND READING

      SENATE BILL NO. 6051, by Senators Quigley, Ludwig and A. Smith

Providing for speed measuring device expert testimony.

MOTIONS

      On motion of Senator Ludwig, Substitute Senate Bill No. 6051 was substituted for Senate Bill No. 6051 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Ludwig, the rules were suspended, Substitute Senate Bill No. 6051 was advanced to third reading, the second reading considered the third and 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 Senate Bill No. 6051.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6051 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi, Smith, A. and Smith, L. - 6.

      SUBSTITUTE SENATE BILL NO. 6051, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6254, by Senators Fraser, Loveland, M. Rasmussen and Winsley

Authorizing counties to file claims against escheat property for funeral or burial expenses of indigent persons.

      The bill was read the second time.

MOTION

      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6254 was advanced to third reading, the second reading considered the third and 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 Senate Bill No. 6254.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6254 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 43.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi, Smith, A. and Smith, L. - 6.

      SENATE BILL NO. 6254, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6110, by Senators Spanel, A. Smith, Hargrove and Winsley

Providing a family health history for children upon the dissolution of a marriage.

MOTIONS

      On motion of Senator Spanel, Substitute Senate Bill No. 6110 was substituted for Senate Bill No. 6110 and the substitute bill was placed on second reading and read the second time.

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

      On page 1, line 5, before "Sec. 1." insert the following:

       "NEW SECTION. Sec. 1. It is the intent of the legislature that parents or guardians of minor children should have access to information regarding the family medical history of their children. This information will enable medical professionals to provide appropriate health care to children. It is also the intent of the legislature to recognize that each person has a privacy interest in his or her family medical history. The legislature intends to limit access to this information in order to respect this interest."

       Renumber the sections consecutively and correct any internal references accordingly.

       On page 1, line 7, before "In" insert "(1)"

       On page 1, after line 18, insert the following:

       "(2) In order to meet the requirement of providing family medical history under subsection (1) of this section, the parent shall submit a written statement describing any medical attribute, diagnosis or disease in the parent's immediate family that is generally accepted to be medically linked to the health of the

child, such as medically accepted genetic traits or abnormalities, and that would facilitate the proper health care of the child. For purposes of this section, "immediate family" means parents, siblings, grandparents, aunts, uncles and first cousins.

       (3) Absent a court order, a parent is not required to make inquiries regarding his or her family medical history and may provide only such information of which the parent is aware at the time of entering into the decree of dissolution of marriage, legal separation or declaration of invalidity.

       (4) In order to assist a parent in complying with the obligation to provide a family medical history under subsection (1) of this section, the court shall provide each parent with a list of medical attributes, diagnoses or diseases that are generally accepted as being medically linked to the health of children.

       (5) The department of health shall provide courts with the list described in subsection (4) of this section, and update this list as needed.

       (6) Family medical history shall be considered confidential information, and all records containing this information shall be sealed. The court shall not open these records to inspection by any person except:

       (a) The parent or guardian of the minor child in question for purposes of facilitating proper health care of the child; or

       (b) The child in question after such child has reached the age of eighteen."

       On page 4, line 25, after "(4)" insert "In order to meet the requirement of providing family medical history under subsection (3) of this section, the parent shall submit a written statement describing any medical attribute, diagnosis or disease in the parent's immediate family that is generally accepted to be medically linked to the health of the child, such as medically accepted genetic traits or abnormalities, and that would facilitate the proper health care of the child. For purposes of this section, "immediate family" means parents, siblings, grandparents, aunts, uncles and first cousins.

       (5) Absent a court order, a parent is not required to make inquiries regarding his or her family medical history and may provide only such information of which the parent is aware at the time of entering into the decree of dissolution of marriage, legal separation or declaration of invalidity.

       (6) In order to assist a parent in complying with the obligation to provide a family medical history under subsection (3) of this section, the court shall provide each parent with a list of medical attributes, diagnoses or diseases that are generally accepted as being medically linked to the health of children.

       (7) The department of health shall provide courts with the list described in subsection (6) of this section, and update this list as needed.

       (8) Family medical history shall be considered confidential information, and all records containing this information shall be sealed. The court shall not open these records to inspection by any person except:

       (a) The parent or guardian of the minor child in question for purposes of facilitating proper health care of the child; or

       (b) The child in question after such child has reached the age of eighteen.

       (9)"

       On page 4, line 32, strike "(5)" and insert "(((5))) (10)"

       On page 4, line 35, strike "(6)" and insert "(((6))) (11)"

       On page 5, line 1, strike "(7)" and insert "(((7))) (12)"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Roach, Spanel and Moyer on page 1, lines 5, 7 and 18; page 4, lines 25, 32 and 35; and page 5, line 1, to Substitute Senate Bill No. 6110.

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

MOTIONS

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

      On page 1, line 2 of the title, after "26.09.170;" strike "and" and on line 3, after "26.26.130" insert "; and creating a new section"

      On motion of Senator Spanel, the rules were suspended, Engrossed Substitute Senate Bill No. 6110 was advanced to third reading, the second reading considered the third and 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 Substitute Senate Bill No. 6110.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6110 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 44.

      Excused: Senators Cantu, Hochstatter, McCaslin, Niemi and Smith, A. - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6110, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6136, by Senators McAuliffe, Drew, Quigley, Bluechel, Vognild, McDonald and Cantu

Creating a thirtieth community and technical college district.

MOTIONS

      On motion of Senator McAuliffe, Second Substitute Senate Bill No. 6136 was substituted for Senate Bill No. 6136 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Second Substitute Senate Bill No. 6136 was advanced to third reading, the second reading considered the third and 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 Second Substitute Senate Bill No. 6136.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6136 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 4; Absent, 0; Excused, 4.

      Voting yea: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McDonald, Moore, Morton, Moyer, Nelson, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 41.

      Voting nay: Senators Anderson, Newhouse, Sellar and Talmadge - 4.

      Excused: Senators Cantu, Hochstatter, McCaslin and Niemi - 4.

      SUBSTITUTE SENATE BILL NO. 6136, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE JOINT MEMORIAL NO. 8029, by Senators Morton, A. Smith, Hochstatter, Prince, McDonald, Oke, Bluechel, L. Smith, Sellar, McCaslin, Moyer, Winsley, Deccio, West and Roach

Petitioning Congress to allow states to require a notice requirement before imposing a federal lien on real property.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, Senate Joint Memorial No. 8029 was advanced to third reading, the second reading considered the third and joint memorial 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 Senate Joint Memorial No. 8029.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8029 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Cantu, Hochstatter and McCaslin - 3.

      SENATE JOINT MEMORIAL NO. 8029, having received the constitutional majority, was declared passed.

SECOND READING

      SENATE BILL NO. 6086, by Senators West, Haugen, Deccio, Prince, Morton and Moyer

Changing provisions regarding public facilities districts.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6086 was substituted for Senate Bill No. 6086 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6086 was advanced to third reading, the second reading considered the third and 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 Substitute Senate Bill No. 6086.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6086 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Cantu, Hochstatter and McCaslin - 3.

      SUBSTITUTE SENATE BILL NO. 6086, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6081, by Senators Haugen, Deccio, Bauer and Winsley

Excluding "biological septic tank additives" from regulation as an on-site sewage disposal system additive.

MOTIONS

      On motion of Senator Fraser, Substitute Senate Bill No. 6081 was substituted for Senate Bill No. 6081 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 6081 was advanced to third reading, the second reading considered the third and 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 Senate Bill No. 6081.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6081 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Cantu, Hochstatter and McCaslin - 3.

      SUBSTITUTE SENATE BILL NO. 6081, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

      President Pritchard assumed the Chair.

SECOND READING

      SENATE BILL NO. 6071, by Senators Snyder and Hargrove

Authorizing an additional six-year industrial development levy.

MOTIONS

      On motion of Senator Snyder, Substitute Senate Bill No. 6071 was substituted for Senate Bill No. 6071 and the substitute bill was placed on second reading and read the second time.

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

      On page 1, line 8, after "for" strike all material through "eighteen" and insert "twelve"

      On page 1, line 11, after "district." insert "A Washington port district in a county bordering the Pacific Ocean and having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue for eighteen years only, in addition to all other revenues authorized by law on the effective date of this section, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district."

MOTION

      Senator Haugen moved that the following amendment by Senators Haugen and Loveland be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 53.36.100 and 1982 1st ex.s. c 3 s 1 are each amended to read as follows:

       (1) A port district having adopted a comprehensive scheme of harbor improvements and industrial developments may thereafter raise revenue, for ((twelve)) eighteen years only, in addition to all other revenues now authorized by law, by an annual levy not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district. Said levy shall be used exclusively for the exercise of the powers granted to port districts under chapter 53.25 RCW except as provided in RCW 53.36.110. The levy of such taxes is herein authorized notwithstanding the provisions of RCW 84.52.050 and 84.52.043. The revenues derived from levies made under RCW 53.36.100 and 53.36.110 not expended in the year in which the levies are made may be paid into a fund for future use in carrying out the powers granted under chapter 53.25 RCW, which fund may be accumulated and carried over from year to year, with the right to continue to levy the taxes provided for in RCW 53.36.100 and 53.36.110 for the purposes herein authorized.

       (2) If a port district intends to levy a tax under this section for one or more years after the first six years and before the thirteenth year authorized in this section, the port commission shall publish notice of this intention, in one or more newspapers of general circulation within the district, by June 1 of the year in which the first levy of the seventh through twelfth year period is to be made. If within ninety days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the port district for the office of the governor at the last preceding gubernatorial election, the county auditor shall canvass the signatures in the same manner as prescribed in RCW 29.79.200 and certify their sufficiency to the port commission within two weeks. The proposition to make these levies in the seventh through twelfth year period shall be submitted to the voters of the port district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29.13.070. The levies may be made in the seventh through twelfth year period only if approved by a majority of the voters of the port district voting on the proposition. This subsection does not apply to levies for one or more years in the first six years or thirteenth through eighteenth years authorized in this section.

       (3) If a port district intends to levy a tax under this section for one or more years after the first twelve years authorized in this section, it shall be approved by a majority of the voters in the port district."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Loveland to Substitute Senate Bill No. 6071.

      The motion by Senator Haugen failed and the amendment was not adopted on a rising vote, the President voting 'nay.'

MOTION

      On motion of Senator Snyder, the rules were suspended, Engrossed Substitute Senate Bill No. 6071 was advanced to third reading, the second reading considered the third and bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6071.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6071 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 20; Absent, 0; Excused, 3.

      Voting yea: Senators Amondson, Bauer, Bluechel, Drew, Franklin, Gaspard, Hargrove, Ludwig, McAuliffe, Moore, Morton, Moyer, Owen, Pelz, Quigley, Rasmussen, M., Rinehart, Sellar, Skratek, Smith, A., Snyder, Sutherland, Talmadge, Vognild, Williams and Wojahn - 26.

      Voting nay: Senators Anderson, Deccio, Erwin, Fraser, Haugen, Loveland, McDonald, Nelson, Newhouse, Niemi, Oke, Prentice, Prince, Roach, Schow, Sheldon, Smith, L., Spanel, West and Winsley - 20.

      Excused: Senators Cantu, Hochstatter and McCaslin - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6071, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 9:31 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 10:07 a.m. by President Pritchard.

MOTION

      On motion of Senator Oke, Senator Moyer was excused.

SECOND READING

      SENATE BILL NO. 6111, by Senators Drew, McCaslin, Gaspard, Sellar, Haugen, Snyder, Fraser, Franklin, Sheldon, Bauer, Owen, Spanel, Pelz, M. Rasmussen, Winsley, Oke and Skratek (by request of Commission on Ethics in Government and Campaign Financing, Governor Lowry and Attorney General Gregoire)

Changing ethics provisions for state officers and state employees.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6111 was substituted for Senate Bill No. 6111 and the substitute bill was placed on second reading and read the second time.

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

      On page 3, line 28, after "conduct" strike all material through "executive ethics board" on line 29 and insert "and the citizens' commission on governmental ethics"

      On page 18, after line 15, strike all material through "chapter." on page 22, line 22 and insert the following:

       "NEW SECTION. Sec. 201. CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS.

       (1) The citizens' commission on governmental ethics is created.

       (2) The commission shall be composed of thirteen members, selected as follows:

       (a) The secretary of state shall select nine of the thirteen members by lot from among those registered voters eligible to vote at the general election held in November 1993, and thereafter from among those registered voters eligible to vote at the time of the selection. One member shall be selected from each congressional district. The secretary of state shall notify persons selected. If a selected person declines appointment to the commission, the secretary of state shall select a new person. The secretary of state shall forward the names of persons selected to the governor who shall appoint these persons to the commission. The secretary of state shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection for a congressional district if a person selected from the district declines appointment to the commission.

       (b) The governor shall appoint (i) one person who is a former judge and who is retired from the Washington state judicial system and (ii) one person who is a former member of the state legislature.

       (c) The lieutenant governor shall appoint (i) one person who is a former judge and who is retired from the Washington state judicial system and (ii) one person who is a former member of the state legislature.

       (3) No person shall be eligible to serve on the commission who has been convicted of a felony or gross misdemeanor.

       (4) Persons appointed to the commission as former members of the state legislature shall not have an identification with the same political party.

       (5) Except for initial members and members completing partial terms, members of the commission shall serve five-year terms. Each member of the commission shall serve for the term of his or her appointment and until his or her successor is appointed.

       (6) Terms of initial commission members shall be staggered as follows:

       (a) The member selected by lot from the first congressional district shall serve a one-year term; the members selected by lot from the second and third congressional districts shall each serve a two-year term; the members selected by lot from the fourth and fifth congressional districts shall each serve a three-year term; the members selected by lot from the sixth and seventh congressional districts shall each serve a four-year term; and the members selected by lot from the eighth and ninth congressional districts shall each serve a five-year term.

       (b) The former judge and former member of the state legislature appointed by the governor shall each serve a two-year term.

       (c) The former judge and former member of the state legislature appointed by the lieutenant governor shall each serve a five-year term.

       (7) Any member of the commission may be removed by the governor, but only upon grounds of incapacity, incompetence, neglect of duty, or misconduct in office or for a disqualifying change of residence.

       (8) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as originally provided. A vacancy shall not impair the powers of the remaining members to exercise all of the powers of the commission.

       (9) Except as provided otherwise in this section, the commission shall be solely responsible for its own organization, operation, and action. Members of the commission shall annually elect a chairperson from among the nine members selected by lot by the secretary of state.

       (10) Seven members of the commission shall constitute a quorum.

       (11) Except as provided in section 213 of this act, the attorney general shall provide staff assistance to the commission.

       (12) Members of the commission shall receive no compensation for their services, but shall be eligible to receive a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060.

       NEW SECTION. Sec. 202. AUTHORITY OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. (1) The citizens' commission on governmental ethics shall hear all matters related to the statutes, rules, and policies that establish standards of ethical conduct for members and employees of the state legislature, state-wide elected officers, and all other officers and employees in the executive branch, boards and commissions, and institutions of higher education. Subject to the limitations in section 222 of this act, the citizens' commission on governmental ethics has jurisdiction over matters involving any alleged violation occurring before January 1, 1995, based on the statutes, rules, and policies in effect at the time of the violation.

       (2) The citizens' commission on governmental ethics shall:

       (a) Develop educational materials and training;

       (b) Adopt rules or policies, including but not limited to defining working hours;

       (c) Issue advisory opinions;

       (d) Investigate, hear, and determine complaints by any person or on its own motion;

       (e) Impose sanctions including reprimands and monetary penalties;

       (f) Recommend to the appropriate authorities suspension, removal from position, prosecution, or other appropriate remedy; and

       (g) Establish criteria regarding the levels of civil penalties appropriate for violations of this chapter and rules and policies adopted under it.

       (3) The citizens' commission on governmental ethics may:

       (a) Issue subpoenas for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under examination by the citizens' commission on governmental ethics or involved in any hearing;

       (b) Administer oaths and affirmations;

       (c) Examine witnesses; and

       (d) Receive evidence.

       (4) The citizens' commission on governmental ethics may review and approve agency policies as provided for in this chapter.

       (5) This section does not apply to state officers and state employees of the judicial branch.

       NEW SECTION. Sec. 203. TRANSFER OF JURISDICTION TO CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. On the effective date of this section, any complaints or other matters under investigation or consideration by the boards of legislative ethics in the house of representatives and the senate operating pursuant to chapter 44.60 RCW shall be transferred to the citizens' commission on governmental ethics. All files, including but not limited to minutes of meetings, investigative files, records of proceedings, exhibits, and expense records, shall be transferred to the citizens' commission on governmental ethics pursuant to their direction and the citizens' commission on governmental ethics shall assume full jurisdiction over all pending complaints, investigations, and proceedings.

       NEW SECTION. Sec. 204. POLITICAL ACTIVITIES OF MEMBERS OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. No member of the citizens' commission on governmental ethics may (1) hold or campaign for partisan elective office other than the position of precinct committeeperson, or any full-time nonpartisan office; (2) be an officer of any political party or political committee as defined in chapter 42.17 RCW other than the position of precinct committeeperson; (3) permit his or her name to be used, or make contributions, in support of or in opposition to any state candidate or state ballot measure; or (4) lobby or control, direct, or assist a lobbyist except that such member may appear before any committee of the legislature on matters pertaining to this chapter.

       NEW SECTION. Sec. 205. APPOINTMENT OF INITIAL MEMBERS OF CITIZENS' COMMISSION ON GOVERNMENTAL ETHICS. The members of the citizens' commission on governmental ethics shall be appointed no later than October 1, 1994. Notwithstanding the authority granted to the commission by section 202 of this act, until January 1, 1995, the authority of the commission shall be limited to conducting meetings and incurring expenses solely for administrative and organizational purposes.

       This section shall expire January 1, 1995.

       NEW SECTION. Sec. 206. AUTHORITY OF COMMISSION ON JUDICIAL CONDUCT. The commission on judicial conduct shall enforce this chapter and rules and policies adopted under it with respect to state officers and employees of the judicial branch and may do so according to procedures prescribed in Article IV, section 31 of the state Constitution. In addition to the sanctions authorized in Article IV, section 31 of the state Constitution, the commission may impose sanctions authorized by this chapter."

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

      On page 28, beginning on line 4, strike all of section 224.

      Debate ensued.

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

      The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Linda Smith on page 3, line 28; page 18, after line 15; and page 28, beginning on line 4; to Substitute Senate Bill No. 6111.

ROLL CALL

      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 14; Nays, 31; Absent, 1; Excused, 3.

      Voting yea: Senators Amondson, Anderson, Erwin, McDonald, Morton, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L. and West - 14.

      Voting nay: Senators Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 31.

      Absent: Senator Hargrove - 1.

      Excused: Senators Cantu, Hochstatter and Moyer - 3.

MOTIONS

      On motion of Senator Drew, the following amendment was adopted:

      On page 4, line 33, after "otherwise" insert "but does not include preparation, consideration, or enactment of legislation or the performance of legislative duties"

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

      On page 6, line 1, after "(19)" insert "(a)"

      On page 6, at the beginning of line 6, strike "(a)" and insert "(i)"

      On page 6, at the beginning of line 7, strike "(b)" and insert "(ii)"

      On page 6, at the beginning of line 8, strike "(c)" and insert "(iii)"

      On page 6, beginning on line 10, strike all material through "legislation." on line 11 and insert the following:

      "(b) "Transaction involving the state" does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the state that is the basis for the claim, case, or lawsuit."

MOTIONS

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

      On page 6, line 26, after "may" strike "transact business" and insert "participate in a transaction involving the state"

      On page 6, line 29, after "owns" strike "an" and insert "a beneficial"

      On motion of Senator Drew, the following amendment was adopted:

      On page 11, line 5, after "employee" strike "or" and insert "in his or her official capacity or by"

      On motion of Senator Drew, the following amendment was adopted:

      On page 11, beginning on line 10, after "with" strike all material through "only if:" on line 12 and insert "a state agency only if:"

MOTION

      Senator Linda Smith moved that the following amendment be adopted:

      On page 12, line 1, after "(5)" insert "Notwithstanding subsections (1) through (4) of this section, no person who is a member or employee of the state legislature may have a beneficial interest in a grant or personal services contract with a special purpose district, a school district, a quasi-municipal corporation, the state, a state agency, or a local government in connection with a program that receives a substantial portion of its funding from the state.

      (6)"

      Debate ensued.

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

MOTION

      On motion of Senator Oke, Senator Roach was excused.

REQUEST TO BE EXCUSED

      Senator Ludwig: "I wonder if I should be excused from voting on this measure because occasionally over the past three years, I have infrequently served as a judge pro-temp in the Benton County District Court when judges were not available. I think this means that this may have a direct effect on my being able to be doing that, even though it is only infrequently."

REPLY BY THE PRESIDENT

      President Pritchard: "Well, Senator Ludwig, you have to make that decision, but the Chair's view is that since this is an ethics bill that deals with conduct of all the Senators, I think you should vote on it."

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Linda Smith on page 12, line 1, to Substitute Senate Bill No. 6111.

ROLL CALL

      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 10; Nays, 34; Absent, 0; Excused, 5.

      Voting yea: Senators Anderson, Erwin, McCaslin, Nelson, Newhouse, Oke, Schow, Sellar, Smith, L. and West - 10.

      Voting nay: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, McAuliffe, McDonald, Moore, Morton, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 34.

      Excused: Senators Cantu, Hochstatter, Ludwig, Moyer and Roach - 5.

MOTION

      Senator Linda Smith moved that the following amendment be adopted:

      On page 15, beginning on line 31, strike all of section 118 and insert the following:

       "Sec. 118. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows:

       (1) No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Knowing acquiescence by a person with authority to direct, control, or influence the actions of the government official or employee using public resources in violation of this section constitutes a violation of this section. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency((: PROVIDED, That)). The ((foregoing)) provisions of this section shall not apply to the following activities:

       (((1))) (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (((a))) (i) any required notice of the meeting includes the title and number of the ballot proposition, and (((b))) (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

       (((2))) (b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;

       (((3))) (c) Activities which are part of the normal and regular conduct of the office or agency.

       (2) No agency or official or employee of any agency may disburse funds in the form of dues or membership fees to an entity that uses any portion of such dues or membership fees for the support of or opposition to a ballot proposition. This subsection does not apply to funds deducted from a public employee's pay and forwarded to a bargaining representative pursuant to RCW 41.56.110."

POINT OF ORDER

      Senator Spanel: "I'd like to raise a point of order, Mr. President. I raise the question of the scope and object of this amendment. This bill deals with the establishment of a uniform code of ethics for state officers and state employees and defines the standards of conduct for those individuals and former officials and employees. This particular amendment addresses, also, local--the conduct of local officials and so I raise the question that it is beyond the scope of this particular bill."

      There being no objection, the President deferred further consideration of the amendment by Senator Linda Smith on page 15, beginning on line 31.

MOTION

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

      On page 16, beginning on line 18, after "inquiry" strike all material through "expenditure" on line 25 and insert "and"

      On page 16, line 27, after "agency" strike all material through "communications" on line 34

      Debate ensued.

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

      The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Linda Smith on page 16, lines 18 and 27, to Substitute Senate Bill No. 6111.

ROLL CALL

      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 11; Nays, 35; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, Erwin, McDonald, Morton, Nelson, Newhouse, Oke, Roach, Schow, Sellar and Smith, L. - 11.

      Voting nay: Senators Amondson, Bauer, Bluechel, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, McCaslin, Moore, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 35.

      Excused: Senators Cantu, Hochstatter and Moyer - 3.

MOTION

      Senator Nelson moved that the following amendment be adopted:

      On page 16, after line 36, insert the following:

       "Sec. 119. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows: