(1) The following are exempt from public inspection and copying:

       (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

       (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

       (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

       (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

       (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

       (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

       (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

       (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

       (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

       (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

       (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

       (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

       (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

       (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

       (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

       (p) Financial disclosures filed by private vocational schools under chapter 28C.10 RCW.

       (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

       (r) Financial and commercial information and records supplied by businesses during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW.

       (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

       (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

       (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

       (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

       (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.

       (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

       (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

       (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

       (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

       (bb) Financial and valuable trade information under RCW 51.36.120.

       (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or a rape crisis center as defined in RCW 70.125.030.

       (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

       (ee) Business related information protected from public inspection and copying under RCW 15.86.110.

       (ff) Information collected by an enhanced 911 telephone system (i) for the specific purpose of developing and updating the data base associated with such a system or (ii) relating to addresses, telephone numbers, personal health, or physical safety that was obtained during emergency calls to such a system.

       (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

       (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

       (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

       NEW SECTION. Sec. 9. 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. 10. 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, except section 5 of this act shall take effect January 1, 1995, and section 8 of this act shall take effect July 1, 1994."

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

      On page 8, after line 34, strike paragraph (ff) and substitute the following:

      "(ff) Personally identifiable information collected by a 911 telephone system (i) for the specific purpose of developing or updating the data base associated with such a system, or (ii) during an emergency call to such a system. For purposes of this paragraph, personally identifiable information does not include any record of aggregate data which does not identify particular persons."

      The President declared the question before the Senate to be the adoption of the Committee on Energy and Utilities striking amendment, as amended, to House Bill No. 2601.

POINT OF INQUIRY

      Senator Roach: "Senator Sutherland, can you tell me if line blocking will apply to this bill--the 911--one's ability to know who you are? If you have a cellular phone, can you apply line blocking to it?"

      Senator Sutherland: "The caller identification that you are talking about is not applicable to cellular or regular radio wave-type telephones. If you have a cellular phone now, for example, and you contacted someone that had subscribed to the service of caller ID, and you called them and normally your phone number would appear on their digitized instrument--on cellular phones, no number appears. That doesn't change under this bill. Your specific question of whether you have line blocking--if you call someone and you don't want to reveal the phone number to whom you are calling, if you have line blocking now, either line blocking or per call blocking, you dial the star seven zero prior to dialing 911. Excuse me, Senator Nelson corrects me; you are correct, it is star six seven. Star seven zero deletes the call waiting function. We have to get all of this stuff straight sooner or later. The star six seven and then 911--I don't know for sure if it would block your 911. Senator Nelson is indicating to me that dialing star six seven before 911 will not block your number and the emergency companies that you would call would be able to identify who you were when you called, although they cannot do that for cellular right now."

      The motion by Senator Sutherland carried and the committee amendment, as amended, was adopted.

MOTIONS

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

      On page 1, line 3 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 82.14B.020, 82.14B.030, 82.14B.040, and 38.52.540; reenacting and amending RCW 42.17.310; adding a new section to chapter 38.52 RCW; creating new sections; providing effective dates; and declaring an emergency."

      On motion of Senator Sutherland, the rules were suspended, House Bill No. 2601, 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 Oke, Senator Prince was excused.

      On motion of Senator Drew, Senator Bauer was excused.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2601, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2601, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.

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

      Voting nay: Senator Cantu - 1.

      Excused: Senators Amondson, Anderson, Bauer, McAuliffe, McCaslin and Prince - 6.

      HOUSE BILL NO. 2601, as amended by the Senate, 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

      HOUSE BILL NO. 2369, by Representatives Foreman, Sheldon, Basich and Anderson

Revising provisions for elections in cities with a commission plan of government.

      The bill was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 2369 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. 2369.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2369 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

      Voting yea: Senators Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 42.

      Absent: Senator Owen - 1.

      Excused: Senators Amondson, Anderson, Bauer, McAuliffe, McCaslin and Prince - 6.

      HOUSE BILL NO. 2369, 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

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

SECOND READING

      HOUSE BILL NO. 2419, by Representatives Riley, Wineberry, Long, Brough, Johanson, Campbell, B. Thomas, L. Thomas, Bray, Wood, Schoesler, Silver, Cothern, Kessler, Kremen, Dyer, Chandler, J. Kohl, Chappell, Jones, Sheldon, King, Orr, Carlson, Tate, Mielke, H. Myers and Roland

Honoring law enforcement officers who die in the line of duty.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2419 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. 2419.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2419 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.

      Excused: Senators Anderson, Bauer, Drew, McAuliffe, McCaslin, Prince and Vognild - 7.

      HOUSE BILL NO. 2419, 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

      HOUSE BILL NO. 2159, by Representatives Sheldon, Holm, Dellwo and Wineberry

Changing provisions relating to criminal jurisdiction on Skokomish tribal lands.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2159 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. 2159.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2159 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

      Voting yea: Senators Amondson, Bluechel, Cantu, Deccio, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 42.

      Excused: Senators Anderson, Bauer, Drew, McAuliffe, McCaslin, Prince and Vognild - 7.

      HOUSE BILL NO. 2159, 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

      HOUSE BILL NO. 2244, by Representatives Dunshee, Horn, H. Myers and Springer

Changing provisions relating to classification of cities and towns.

      The bill was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, House Bill No. 2244 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. 2244.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2244 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

      Excused: Senators Anderson, Bauer, McAuliffe, McCaslin, Prince and Vognild - 6.

      HOUSE BILL NO. 2244, 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

      HOUSE BILL NO. 2340, by Representatives Long, Appelwick, Johanson, Padden, Karahalios, Brough, Talcott, Sheahan, Wood, Forner, Dyer, Chandler, Shin, Mielke and Springer

Clarifying sex offender registration provisions.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 2340 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. 2340.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2340 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

      Excused: Senators Anderson, Bauer, McAuliffe, McCaslin, Prince and Vognild - 6.

      HOUSE BILL NO. 2340, 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

      On motion of Senator Spanel, the Senate returned to the first order of business.

REPORTS OF STANDING COMMITTEES

February 26, 1994

ESHB 2163        Prime Sponsor, House Committee on Human Services: Providing for assessment of residential habilitation center residents. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Refer to Committee on Rules without recommendation. Signed by Senator Rinehart, Chair; Quigley, Vice Chair; Bauer, Gaspard, Hargrove, Ludwig, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 26, 1994

E2HB 2319        Prime Sponsor, House Committee on Judiciary: Enacting programs to reduce youth violence. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended by the Committee on Health and Human Services. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Gaspard, Hargrove, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

MOTION

      At 9:54 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 11:17 a.m. by President Pritchard.

      There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1339, by House Committee on Judiciary (originally sponsored by Representatives Pruitt, R. Meyers, Brumsickle, Zellinsky and Schmidt)

Appointing court commissioners in municipal court.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1339 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. 1339.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1339 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

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

      Absent: Senators Bluechel, Pelz, Rinehart and Smith, L. - 4.

      Excused: Senator Anderson - 1.

      SUBSTITUTE HOUSE BILL NO. 1339, 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

      On motion of Senator Oke, Senator Bluechel was excused.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1090, by House Committee on Judiciary (originally sponsored by Representative Scott)

Protecting communications in law enforcement officers peer support groups.

      The bill was read the second time.

MOTION

      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 1090 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. 1090.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1090 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

      Absent: Senator Rinehart - 1.

      Excused: Senator Bluechel - 1.

      SUBSTITUTE HOUSE BILL NO. 1090, 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

      SUBSTITUTE HOUSE BILL NO. 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.

      The bill was read the second time.

MOTION

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

      On page 2 after line 5 insert new "(6) Dependent. For the purposes of this chapter: (a) "Dependent child" means an individual's unmarried natural child, stepchild, or legally adopted child, who is either (i) younger than age nineteen, or (ii) younger than age twenty-three and (A) is a full-time student at an educational organization that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on, or (B) is pursuing a full-time course of institutional on-farm training under the supervision of an educational organization described in (a) (ii) (A) of this subsection. (b) "Family" means an individual or an individual and the individual's spouse, if not legally separated, and the individual's dependent children. For purposes of eligibility determination and enrollment in the plan, an individual cannot be a member of more than one family. (c) "Family dependent" means an enrollee's legal spouse, if not legally separated, or the enrollee's dependent child, who meets all eligibility requirements, is enrolled in the plan, and for whom the applicable premium has been paid."

      Renumber remaining sections consecutively and correct internal references accordingly.

      On page 5 line 3 after "a person" insert "and their dependents"

      On page 5 line 4 after "who" delete "intends to reside" and insert "reside"

      On page 5 line 4 after "indefinitely" insert "or have moved to the state solely for the purposes of a secured employment position"

      On page 5 line 7 after " RCW." delete ""Washington resident" also includes people and their accompanying family members who are residing in the state for the purpose of engaging in employment for a least one month, who did not enter the state for the primary purpose of obtaining health services."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Morton on page 2, after line 5, and page 5, lines 3, 4 (2), and 7, to Substitute House Bill No. 2443.

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

MOTION

      On motion of Senator Talmadge, the rules were suspended, Substitute House Bill No. 2443 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Newhouse: "Senator Talmadge, are there automatic deduction responsibilities for the employer deducting for the employees' wages in here?"

      Senator Talmadge: "Yes."

      Senator Newhouse: "How is that computed if the employees are low-waged earners with relative low income during the year?"

      Senator Talmadge: "That would be something, Senator Newhouse, that would be developed by the Health Services Commission in its process of defining this specific nature of the benefits here. We have the Uniform Benefits Package. It is being developed by and will be submitted to us in January of next year and, basically, the commission would take that Uniform Benefit package and look at the contributions of employers and employees in light of the cost of that package at that time."

      Senator Newhouse: "But, I have seen publications or stories in the newspaper that you are saying that the industry must pay the full cost of the program and if the employee is exempt, who is going to pay?"

      Senator Talmadge: "Well my concern, Senator, is that we do not treat the agriculture industry differently than we do any other industry in the state. This is a special way of approaching health care related costs. It is like a mini single payer system for the agriculture industry. It really does not involve the kind of private insurance mechanism that is traditional in the rest of our health care reform efforts, so it is a little bit different. All that I'm saying, and have said consistently, is that we want to treat all employers and employees with the maximum degree that we can, similarly across the state of Washington."

      Senator Newhouse: "Excuse me for getting into a dialogue here, but in this situation, you are defining certain employer groups or industry groups--strictly agriculturally related. There are far more in the state who are part time or seasonal workers. The most horrible example, I suppose, is the fishing industry. How are you going to cover them? Will they have a separate pool; will they be required to contribute fully from their own industry to support that pool or will they be subsidized by the state or some federal agency?"

      Senator Talmadge: "Senator, as I mentioned in my floor remarks, the provisions of this bill could be applied to those other seasonal industries, as well, in the discretion of the Health Services Commission. It is something that we give them authority to take a look at it and do and if the pooling arrangement that is envisioned here works, it certainly is a model that might be applied to some of the other seasonal industries as well."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2443.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 2443 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

      Voting yea: Senators Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 31.

      Voting nay: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Schow, Sellar, Smith, L. and West - 17.

      Excused: Senator Bluechel - 1.

      SUBSTITUTE HOUSE BILL NO. 2443, 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

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Heavey, H. Myers, Campbell, King and Anderson) (by request of Department of Labor and Industries)

Providing penalties for multiple failures by a contractor or subcontractor to pay the prevailing rate of wage.

      The bill was read the second time.

MOTION

      On motion of Senator Moore, the rules were suspended, Engrossed Substitute House Bill No. 2388 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. 2388.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2388 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 33.

      Voting nay: Senators Amondson, Anderson, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Schow and Sellar - 15.

      Excused: Senator Bluechel - 1.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388, 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

      HOUSE BILL NO. 2138, by Representatives Rayburn, Roland, Sheahan, Schoesler and Hansen (by request of Washington State University)

Eliminating Washington State University's rodent control responsibilities.

      The bill was read the second time.

MOTION

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 2138 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. 2138.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 2138 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, 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 - 49.

      HOUSE BILL NO. 2138, 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.

      There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

February 26, 1994

MR. PRESIDENT:

      The House has passed ENGROSSED HOUSE BILL NO. 2664, and the same is herewith transmitted.

MARILYN SHOWALTER, Chief Clerk

      There being no objection, the President advanced the Senate to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

EHB 2664          by Representatives Springer, Foreman, Jones, G. Fisher, Shin, Chappell, Basich, Pruitt, Holm, Ogden, Wolfe, Sheldon, H. Myers, Kessler, Conway, Cothern, Morris and Rayburn (by request of Governor Lowry)

Modifying provisions for tax deferrals for investment projects in distressed areas.

Referred to Committee on Ways and Means.

MOTION

      At 12:02 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 5:05 p.m. by President Pro Tempore Wojahn.

      There being no objection, the President Pro Tempore returned the Senate to the first order of business.

REPORTS OF STANDING COMMITTEES

February 28, 1994

SB 6307             Prime Sponsor, Senator Talmadge: Clarifying health care authority powers and duties. Reported by Committee on Ways and Means

      MAJORITY Recommendation: That Substitute Senate Bill No. 6307, as proposed by Committee on Health and Human Services, be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Bauer, Bluechel, Gaspard, Hargrove, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

HB 1295            Prime Sponsor, Representative Orr: Recodifying RCW 41.26.281. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Anderson, Bauer, Bluechel, Gaspard, Hargrove, Hochstatter, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

HB 1975            Prime Sponsor, Representative Dunshee: Modifying provisions relating to nursing home reimbursement overpayments. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

2SHB 2210        Prime Sponsor, House Committee on Appropriations: Creating a thirtieth community and technical college district. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended by Committee on Higher Education. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Cantu, Gaspard, Ludwig, McDonald, Moyer, Owen, Pelz, Roach, Snyder, Spanel, Sutherland, West, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

ESHB 2237        Prime Sponsor, House Committee on Capital Budget: Improving the efficiency of state facilities and the budget process. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Anderson, Bauer, Bluechel, Cantu, Gaspard, Hargrove, Hochstatter, Ludwig, McDonald, Moyer, Owen, Pelz, Roach, L. Smith, Snyder, Spanel, Sutherland, Talmadge, West, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

SHB 2433          Prime Sponsor, House Committee on Revenue: Providing open government through unedited televised coverage of state government proceedings. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Ludwig, McDonald, Niemi, Owen, L. Smith, Spanel, Sutherland, Talmadge and Williams.

      Passed to Committee on Rules for second reading.

February 28, 1994

HB 2478            Prime Sponsor, Representative Foreman: Requiring reporting to the department of revenue by purchasers of timber and logs. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Owen, Pelz, L. Smith, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

MINORITY recommendation: Do not pass. Signed by Senators Anderson, Cantu, Hochstatter and West.

      Passed to Committee on Rules for second reading.

February 28, 1994

ESHB 2521        Prime Sponsor, House Committee on Natural Resources and Parks: Regulating metals mining and milling operations. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Gaspard, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

2SHB 2616        Prime Sponsor, House Committee on Capital Budget: Directing the department of health to test ground water in order to seek waivers under the safe drinking water act. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended by Committee on Ecology and Parks. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bluechel, Gaspard, Hargrove, McDonald, Moyer, Niemi, Owen, Pelz, Roach, Snyder, Spanel, Talmadge and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

ESHB 2688        Prime Sponsor, House Committee on Commerce and Labor: Modifying the duties and responsibilities of sellers of travel. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended by Committee on Labor and Commerce. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Gaspard, Hargrove, Hochstatter, Moyer, Niemi, Owen, Pelz, Roach, L. Smith, Snyder, Spanel, Sutherland, Talmadge and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

HB 2743            Prime Sponsor, Representative Sommers: Changing provisions relating to health services provided by school districts. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Hochstatter, Ludwig, McDonald, Moyer, Niemi, Owen, Pelz, Roach, Snyder, Spanel, Sutherland, Talmadge, Williams and Wojahn.

      Passed to Committee on Rules for second reading.

February 28, 1994

ESHB 2906        Prime Sponsor, House Committee on Appropriations: Enacting programs to prevent violence. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Quigley, Vice Chair; Bauer, Bluechel, Gaspard, Hargrove, Ludwig, McDonald, Moyer, Niemi, Owen, Pelz, Snyder, Spanel, West and Wojahn.

      Passed to Committee on Rules for second reading.

REPORT OF STANDING COMMITTEE

GUBERNATORIAL APPOINTMENT

February 28, 1994

GA 9441            RICHARD G. THOMPSON, JR., appointed February 10, 1994, for a term ending July 1, 1994, as a member of the Transportation Commission.

                           Reported by Committee on Transportation

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Vognild, Chair; Loveland, Vice Chair; Skratek, Vice Chair; Morton, Nelson, Oke, Prentice, Prince, Rasmussen, Schow, Sheldon and Winsley.

      Passed to Committee on Rules.

MESSAGE FROM THE GOVERNOR

February 28, 1994

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to advise you that on February 26, 1994, Governor Lowry approved the following Senate Bill entitled:

      Substitute Senate Bill No. 6073

      Relating to unemployment compensation.

Sincerely,

ED FLEISHER, Legal Counsel to the Governor

      There being no objection the President Pro Tempore advanced the Senate to the fifth order of business.

INTRODUCTION AND FIRST READING

SB 6607             by Senators Rinehart and Gaspard

AN ACT Relating to correcting an error in the 1993 health care reform act; amending RCW 82.04.431; creating new sections; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 6608             by Senators Rinehart and Gaspard

AN ACT Relating to the business and occupation taxation of moneys received by health or social welfare organizations from governmental entities for health or social welfare services; and creating a new section.

Referred to Committee on Ways and Means.

SB 6609             by Senator Rinehart

AN ACT Relating to fiscal matters.

Referred to Committee on Ways and Means.

SB 6610             by Senator Rinehart

AN ACT Relating to fiscal matters.

Referred to Committee on Ways and Means.

SCR 8423          by Senators Snyder, Bluechel, Skratek, Cantu, Gaspard and Sellar

Establishing the joint select committee on the Pacific Northwest Economic Region Agreement.

Referred to Committee on Trade, Technology and Economic Development.

MOTION

      At 5:07 p.m., on motion of Senator Snyder, the Senate adjourned until 9:00 a.m., Tuesday, March 1, 1994.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate