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FIFTY-FIRST DAY


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MORNING SESSION


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Senate Chamber, Olympia, Tuesday, March 1, 1994

      The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Moore, Pelz and Linda Smith. On motion of Senator Oke, Senator Linda Smith was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Ryan Erwin and Mikko Laukkanen, presented the Colors. Reverend Frederick Elwood, pastor of St. John's Episcopal Church of Olympia, 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.


REPORT OF SELECT COMMITTEE


STATE OF WASHINGTON

DEPARTMENT OF HEALTH

1112 S. E. Quince Street, MS/7890

P.O. BOX 47890

OLYMPIA, WASHINGTON 98504-7890


March 1, 1994


Mr. Marty Brown

Secretary of the Senate

306 Legislative Building

Olympia, Washington 98504-0482


Dear Mr. Brown:

      The Washington State Department of Health and the Public Health Improvement Plan Steering Committee are pleased to submit the Public Health Improvement Plan Progress Report to you pursuant to the Health Services Act of 1993. The Public Health Improvement Plan is the blueprint for improving health status in Washington through prevention and improved capacity for public health service delivery. The purpose of the Public Health Improvement Plan is to help achieve Washington's three goals of health system reform--the stabilization of health system costs, the assurance of universal access, and improvement of the health of our state's population.

      This progress report describes the work done to date in developing the first Public Health Improvement Plan due to the Legislature by December 1, 1994. The report includes proposed recommendations on minimum standards for public health system capacity, standards and strategies to address key public health problems, as well as principles for financing and governing the public health system. A summary of the distribution and utilization of the $20 million appropriated to address urgent needs in local communities is also included.

      The work completed thus far on the Public Health Improvement Plan is the product of the efforts of hundreds of individuals and organizations throughout Washington State. The effort has been headed by a broad-based steering committee comprised of representatives from labor, business, consumers, providers, public health experts, and elected officials.

      Copies of the report have been forwarded to the House Health Committee and the Senate Health and Human Services Committee, as well as the Chief Clerk's Office.

      Thank you for your careful consideration of this progress report. If you have any questions, please contact me or Doreen Garcia, Director of the Office of Policy and Planning, at 705-6067.

Sincerely,

Bobbie Berkowitz, PhD, RN

Chair, Public Health Improvement Plan Steering Committee

Deputy Secretary Department of Health


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


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Spanel, Gubernatorial Appointment No. 9421, John M. Meyers, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.


APPOINTMENT OF JOHN M. MEYERS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

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

      Absent: Senators Moore and Pelz - 2.

      Excused: Senator Smith, L. - 1.


SECOND READING


      HOUSE BILL NO. 2205, by Representatives Cothern, L. Johnson and H. Myers

 

Creating urban emergency medical service districts.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2205 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. 2205.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2205 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

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

      Absent: Senators Moyer and Sellar - 2.

      Excused: Senator Smith, L. - 1.

      HOUSE BILL NO. 2205, 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, Senators Moyer and Sellar were excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 1928, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Quall, Locke, Roland and Johanson)

 

Providing for more comprehensive regional transportation planning.


      The bill was read the second time.


MOTIONS


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

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that recent legislative enactments have significantly added to the complexity of and to the potential for benefits from integrated transportation and comprehensive planning and that there is currently a unique opportunity for integration of local comprehensive plans and regional goals with state and local transportation programs. Further, approaches to transportation demand management initiatives and local and state transportation funding can be better coordinated to insure an efficient, effective transportation system that insures mobility and accessibility, and addresses community needs.

       The legislature further finds that transportation and land use share a critical relationship that policy makers can better utilize to address regional strategies.

       Prudent and cost-effective investment by the state and by local governments in highway facilities, local streets and arterials, rail facilities, marine facilities, nonmotorized transportation facilities and systems, public transit systems, transportation system management, transportation demand management, and the development of high capacity transit systems can help to effectively address mobility needs. Such investment can also enhance local and state objectives for effective comprehensive planning, economic development strategies, and clean air policies.

       The legislature finds that addressing public initiatives regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration between transportation and comprehensive planning among public institutions, particularly in the state's largest metropolitan areas is considered by the state to be imperative, and to have significant benefit to the citizens of Washington.

       NEW SECTION. Sec. 2. ORGANIZATION'S DUTIES. Each regional transportation planning organization shall have the following duties:

       (1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.

       (2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

       (3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to section 3 of this act, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

       (4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

       (5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.

       (6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.

       NEW SECTION. Sec. 3. COMPREHENSIVE PLANS, TRANSPORTATION GUIDELINES, AND PRINCIPLES. Each regional transportation planning organization, with cooperation from component cities, towns, and counties, shall establish guidelines and principles by July 1, 1995, that provide specific direction for the development and evaluation of the transportation elements of comprehensive plans, where such plans exist, and to assure that state, regional, and local goals for the development of transportation systems are met. These guidelines and principles shall address at a minimum the relationship between transportation systems and the following factors: Concentration of economic activity, residential density, development corridors and urban design that, where appropriate, supports high capacity transit, freight transportation and port access, development patterns that promote pedestrian and nonmotorized transportation, circulation systems, access to regional systems, effective and efficient highway systems, the ability of transportation facilities and programs to retain existing and attract new jobs and private investment and to accommodate growth in demand, transportation demand management, joint and mixed use developments, present and future railroad right-of-way corridor utilization, and intermodal connections.

       Examples shall be published by the organization to assist local governments in interpreting and explaining the requirements of this section.

       Sec. 4. RCW 47.80.030 and 1990 1st ex.s. c 17 s 55 are each amended to read as follows:

       (1) Each regional transportation planning organization shall((:

       (a) Certify that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region conform with the requirements of RCW 36.70A.070, and are consistent with regional transportation plans as provided for in (b) of this subsection;

       (b))) develop ((and adopt)) in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that ((is consistent with county, city, and town comprehensive plans and state transportation plans. Regional transportation planning organizations are encouraged to use county, city, and town comprehensive plans that existed prior to July 1, 1990, as the basis of its regional transportation plan whenever possible. Such plans shall address)):

       (a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs.

       (b) Identifies existing or planned transportation facilities ((and)), services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:

       (i) Physically crosses member county lines;

       (ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;

       (iii) Significant impacts are expected to be felt in more than one county;

       (iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies; and

       (v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance;

       (c) ((Designate a lead planning agency to coordinate preparation of the regional transportation plan. The lead planning agency may be a regional council, a county, city, or town agency, or a Washington state department of transportation district)) Establishes level of service standards at a minimum for all state highways and state ferry routes. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;

       (d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;

       (e) Assesses regional development patterns, capital investment and other measures necessary to:

       (i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and

       (ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;

       (f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system; and

       (g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities.

       (2) The organization shall review the regional transportation plan biennially for currency((;)) and

       (((e))) forward the adopted plan((, and)) along with documentation of the biennial review ((of it,)) to the state department of transportation.

       (((2))) (3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.

       (((3) In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation shall:

       (a) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;

       (b) Facilitate coordination between regional transportation planning organizations; and

       (c) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.))

       NEW SECTION. Sec. 5. STATE-WIDE CONSISTENCY. In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:

       (1) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;

       (2) Facilitate coordination between regional transportation planning organizations; and

       (3) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.

       Sec. 6. RCW 35.58.2795 and 1990 1st ex.s. c 17 s 60 are each amended to read as follows:

       By April 1st of each year, the legislative authority of each municipality, as defined in RCW 35.58.272, and each regional transit authority shall prepare a six-year transit development ((and financial program)) plan for that calendar year and the ensuing five years. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent authority of a first class city or charter county derived from its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, and how the municipality intends to fund program needs. The six-year plan for each municipality and regional transit authority shall specifically set forth those projects of regional significance for inclusion in the transportation improvement program within that region. Each municipality and regional transit authority shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional planning councils within which the municipality is located.

       In developing its program, the municipality and the regional transit authority shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature. The municipality shall conduct one or more public hearings while developing its program and for each annual update.

       Sec. 7. RCW 35.77.010 and 1990 1st ex.s. c 17 s 59 are each amended to read as follows:

       (1) The legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive ((street)) transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent authority of a first class city derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.

       The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually thereafter the legislative body of each city and town shall review the work accomplished under the program and determine current city ((street)) transportation needs. Based on these findings each such legislative body shall prepare and after public hearings thereon adopt a revised and extended comprehensive ((street)) transportation program before July 1st of each year, and each one-year extension and revision shall be filed with the secretary of transportation not more than thirty days after its adoption. The purpose of this section is to assure that each city and town shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated ((street construction)) transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.

       ((The six-year program of each city lying within an urban area shall contain a separate section setting forth the six-year program for arterial street construction based upon its long range construction plan and formulated in accordance with rules of the transportation improvement board. The six-year program for arterial street construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative body of the city. The six-year program for arterial street construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period. The arterial street construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial streets than for minor and collector arterial streets, pursuant to rules of the transportation improvement board: PROVIDED, That urban arterial trust funds made available to the group of incorporated cities lying outside the boundaries of federally approved urban areas within each region need not be divided between functional classes of arterials but shall be available for any designated arterial street.))

       The six-year plan for each city or town shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.

       (2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for ((bicycle, pedestrian, and equestrian)) nonmotorized transportation purposes.

       (3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the city's or town's jurisdiction.

       Sec. 8. RCW 36.81.121 and 1990 1st ex.s. c 17 s 58 are each amended to read as follows:

       (1) Before July 1st of each year, the legislative authority of each county ((with the advice and assistance of the county road engineer, and pursuant to)), after one or more public hearings thereon, shall prepare and adopt a comprehensive ((road)) transportation program for the ensuing six calendar years. If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter county derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.

       The program shall include proposed road and bridge construction work and other transportation facilities and programs deemed appropriate, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated ((road construction)) transportation program. The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.

       (2) ((The six-year program of each county having an urban area within its boundaries shall contain a separate section setting forth the six-year program for arterial road construction based upon its long-range construction plan and formulated in accordance with regulations of the transportation improvement board. The six-year program for arterial road construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative authority of each county. The six-year program for arterial road construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority of each county may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period. The arterial road construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial roads than for minor and collector arterial roads, pursuant to regulations of the transportation improvement board.

       (3))) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for ((bicycles, pedestrians, and equestrian)) nonmotorized transportation purposes.

       (3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the county's jurisdiction.

       (4) The six-year plan for each county shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.

       NEW SECTION. Sec. 9. The legislative transportation committee shall coordinate a comprehensive study on the appropriate relationship between state transportation facilities and local comprehensive plans. The legislative transportation committee shall appoint members to a steering committee that shall be comprised of representatives from the department of transportation, the department of community, trade, and economic development, regional transportation planning organizations, cities, counties, and the development community. The study shall, at a minimum, address:

       (1) How state transportation facilities and services should be addressed in local comprehensive plans;

       (2) Whether state transportation facilities should be included in local concurrency ordinances and the effectiveness of current methods provided for in the Growth Management Act to address concurrency for state transportation facilities;

       (3) The long-term effects on state transportation facilities resulting from the development of urban growth areas;

       (4) The "specific actions and requirements" adopted by local jurisdictions to bring into compliance a state transportation facility or service that is below the established level of service as set forth in RCW 36.70A.070;

       (5) The status and effectiveness of the access management program required by the 1991 legislature to promote a coordinated planning process for the permitting of access points on the state highway system;

       (6) Appropriate methods for mitigating land use impacts on state transportation facilities and services;

       (7) An analysis of funding alternatives including, but not limited to, consideration of state transportation improvement benefit districts; a state latecomer fee system; fees related to impacts generated under the State Environmental Policy Act; impact fees; allocation of state transportation resources; and other alternatives; and

       (8) The appropriate relationship between state transportation programming and prioritization systems and level of service deficiencies.

       The preliminary study findings shall be completed no later than December 15, 1994, and the final report shall be submitted no later than September 1, 1995. The report shall contain recommendations for improving the coordination of local land use decisions and state transportation decisions.

       NEW SECTION. Sec. 10. Sections 1 through 3 and 5 of this act are each added to chapter 47.80 RCW.

       NEW SECTION. Sec. 11. Captions used in this act do not constitute any part of the law.

       NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

       NEW SECTION. Sec. 13. This act shall take effect July 1, 1994."


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

      On page 1, line 1 of the title, after "planning;" strike the remainder of the title and insert "amending RCW 47.80.030, 35.58.2795, 35.77.010, and 36.81.121; adding new sections to chapter 47.80 RCW; creating new sections; and providing an effective date."


MOTION


      On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 1928, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Vognild: "Senator Drew, was it your intention in your amendment in the Committee on Transportation to require regional transportation planning organizations to institute a least cost planning methodology immediately, and to subject regional transportation plans that are currently existing or will be completed within 1994 to this requirement?"

      Senator Drew: "I recognize that least cost planning methodologies for transportation are just being developed, will need to be assessed, and will take some time to validate. My intent with this amendment is for regional transportation planning organizations to incrementally implement these methodologies as they are developed, and to be at the forefront in developing and testing these least cost planning methodologies. It is not the intent of the amendment to invalidate existing regional transportation plans, nor to invalidate plans that have been under development for a number of years, and are scheduled to be adopted in 1994. Since regional transportation plans are to be reviewed at least every two years, there will be opportunity for least cost planning methodologies to be implemented for future plan updates. It is my intent that the Department of Transportation should recognize this intent in implementing this bill. Thank you, Senator Vognild."

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1928, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1928, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

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

      Voting nay: Senators Cantu and Nelson - 2.

      Excused: Senators Moyer, Sellar and Smith, L. - 3.

      SUBSTITUTE HOUSE BILL NO. 1928, 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. 2867, by Representatives Kessler, Chandler, Kremen, Finkbeiner, Long, Casada, Bray and Foreman

 

Exempting federally licensed dams from state regulation.


      The bill was read the second time.


MOTIONS


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

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 43.21A RCW to read as follows:

       (1) Except as provided in subsection (2) of this section, with respect to the safety of any dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act, no licensee shall be required to:

       (a) Submit proposals, plans, specifications, or other documents for approval by the department;

       (b) Seek a permit, license, or other form, permission, or authorization from the department;

       (c) Submit to inspection by the department; or

       (d) Change the design, construction, modification, maintenance, or operation of such facilities at the demand of the department.

       (2) The department may review and comment upon reports, plans, and specifications submitted by a licensee to the federal energy regulatory commission, and conduct inspections for the purpose of commenting upon reports, plans, and specifications when requested by the federal energy regulatory commission or a licensee.

       (3) For the purposes of this section, "licensee" means an owner or operator, or any employee thereof, of a dam, canal, ditch, hydraulic power plant, reservoir, project, or other work, system, or plant that requires a license under the federal power act.

       Sec. 2. RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:

       Subject to section 1 of this act, the director of the department of ecology shall have the following powers and duties:

       (1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

       (2) Insofar as may be necessary to assure safety to life or property, he shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and he may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

       (3) He shall regulate and control the diversion of water in accordance with the rights thereto;

       (4) He shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

       (5) He shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. He shall keep a seal of the office, and all certificates by him covering any of his acts or the acts of his office, or the records and files of his office, under such seal, shall be taken as evidence thereof in all courts;

       (6) He shall render when required by the governor, a full written report of the work of his office with such recommendations for legislation as he may deem advisable for the better control and development of the water resources of the state;

       (7) The director and duly authorized deputies may administer oaths;

       (8) He shall establish and promulgate rules governing the administration of chapter 90.03 RCW;

       (9) He shall perform such other duties as may be prescribed by law.

       Sec. 3. RCW 86.16.025 and 1989 c 64 s 2 are each amended to read as follows:

       Subject to section 1 of this act, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the floodway of any stream or body of water in this state.

       Sec. 4. RCW 86.16.035 and 1987 c 523 s 9 and 1987 c 109 s 53 are each reenacted and amended to read as follows:

       Subject to section 1 of this act, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he deems necessary for the protection to life and property below such works from flood waters.

       Sec. 5. RCW 90.03.350 and 1987 c 109 s 91 are each amended to read as follows:

       Except as provided in section 1 of this act, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever he is requested to do so by the department.

       Sec. 6. RCW 90.03.370 and 1987 c 109 s 93 are each amended to read as follows:

       Except as provided in section 1 of this act, all applications for reservoir permits shall be subject to the provisions of RCW 90.03.250 through 90.03.320. But the party or parties proposing to apply to a beneficial use the water stored in any such reservoir shall also file an application for a permit, to be known as the secondary permit, which shall be in compliance with the provisions of RCW 90.03.250 through 90.03.320. Such secondary application shall refer to such reservoir as its source of water supply and shall show documentary evidence that an agreement has been entered into with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When the beneficial use has been completed and perfected under the secondary permit, the department shall take the proof of the water users under such permit and the final certificate of appropriation shall refer to both the ditch and works described in the secondary permit and the reservoir described in the primary permit."


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

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

       "NEW SECTION. Sec. 1. The legislature finds and declares:

       (1) The federal energy regulatory commission, under the federal power act, licenses hydropower projects in navigable waters and regularly and extensively inspects facilities for safety; and

       (2) Nothing in this act alters or affects the department of ecology's authority to: (a) Participate in the federal process of licensing hydropower projects; or (b) ensure that hydropower projects comply with federal statutes such as the coastal zone management act and the clean water act and, subject to section 2 of this act, all applicable state law."

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

      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. 2867.

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


MOTIONS


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

      On page 1, line 1 of the title, after "resources;" strike the remainder of the title and insert "amending RCW 43.21A.064, 86.16.025, 90.03.350, and 90.03.370; reenacting and amending RCW 86.16.035; and adding a new section to chapter 43.21A RCW."

      On page 4, line 17 of the title amendment, after "86.16.035;" strike "and"

      On page 4, line 18 of the title amendment, after "43.21A RCW" insert "; and creating a new section"

      On motion of Senator Sutherland, the rules were suspended, House Bill No. 2867, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2867, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2867, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

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

      Absent: Senators Moore and West - 2.

      Excused: Senator Sellar - 1.

      HOUSE BILL NO. 2867, 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.


MOTION


      On motion of Senator Oke, Senator Deccio was excused.


SECOND READING


      SUBSTITUTE HOUSE BILL NO. 2334, by House Committee on State government (originally sponsored by Representatives Jacobsen, Ogden, Pruitt, Brough, R. Fisher, Anderson, J. Kohl and Moak)

 

Printing educational publications of the state historical societies.


      The bill was read the second time.


MOTION


      On motion of Senator Drew, the rules were suspended, Substitute House Bill No. 2334 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. 2334.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2334 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Newhouse - 1.

      Excused: Senators Deccio and Sellar - 2.

      SUBSTITUTE HOUSE BILL NO. 2334, 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 Newhouse was excused.


SECOND READING


      HOUSE BILL NO. 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.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following Committee on Government Operations amendment was adopted:

      On page 2, after line 11, insert the following:

       "NEW SECTION. Sec. 4. A new section is added to chapter 43.131 RCW to read as follows:

       The future teachers conditional scholarship program shall be terminated on June 30, 2000, as provided in section 5 of this act.

       NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:

       The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2001:

       (1) RCW 28B.102.010 and 1987 c 437 s 1;

       (2) RCW 28B.102.020 and 1993 sp.s. c 18 s 36 & 1987 c 437 s 2;

       (3) RCW 28B.102.030 and 1987 c 437 s 3;

       (4) RCW 28B.102.040 and 1987 c 437 s 4;

       (5) RCW 28B.102.045 and 1988 c 125 s 7;

       (6) RCW 28B.102.050 and 1987 c 437 s 5;

       (7) RCW 28B.102.060 and 1993 c 423 s 1, 1991 c 164 s 6, & 1987 c 437 s 6;

       (8) RCW 28B.102.070 and 1987 c 437 s 7; and

       (9) RCW 28B.102.905 and 1987 c 437 s 10.

       NEW SECTION. Sec. 6. RCW 28B.102.900 and 1987 c 437 s 9 are each repealed."


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

      On page 1, line 1 of the title, after "provisions;" strike the remainder of the title and insert "amending RCW 43.131.381 and 43.131.382; adding new sections to chapter 43.131 RCW; and repealing RCW 43.131.215, 43.131.216, 43.131.327, 43.131.328, 43.131.347, 43.131.348, 43.131.365, 43.131.366, 43.131.371, 43.131.372, and 28B.102.900."


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2486, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2486, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2486, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, McAuliffe, Moore, Moyer, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 35.

      Voting nay: Senators Amondson, Anderson, Cantu, Hochstatter, Ludwig, McCaslin, McDonald, Morton, Nelson, Schow and Vognild - 11.

      Excused: Senators Deccio, Newhouse and Sellar - 3.

      HOUSE BILL NO. 2486, 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


      SUBSTITUTE HOUSE BILL NO. 1122, by House Committee on Local Government (originally sponsored by Representatives Pruitt, Schmidt, Zellinsky, H. Myers, B. Thomas, Dunshee, Valle, R. Meyers, Basich, Brough and Quall)

 

Changing provisions relating to excess levies in park and recreation districts and service areas.


      The bill was read the second time.


MOTIONS


      On motion of Senator Fraser, the following Committee on Parks and Ecology amendment was adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The intent of the legislature by enacting sections 2 through 5 of chapter . . ., Laws of 1993 (this act) is:

       (1) To allow park and recreation districts and park and recreation service areas to place more than one excess levy on the same ballot, allowing districts and service areas to give voters the opportunity to vote on separate issues, such as for operating and capital funds, at the same election, thereby reducing election costs; and

       (2) To increase the amount a park and recreation district or park and recreation service area may collect through a six-year property tax levy from a maximum of fifteen cents per thousand dollars of assessed value to a maximum of sixty cents per thousand dollars of assessed value. This would allow for a more stable funding source for park and recreation districts and park and recreation service areas at a realistic tax rate and reduce the need for holding excess levy elections on an annual or biannual basis. In addition, it would level out the collection of taxes over each of six years rather than the practice now of collecting in one year to fund two years.

       Sec. 2. RCW 36.69.140 and 1984 c 186 s 30 are each amended to read as follows:

       (1) A park and recreation district shall have the power to levy ((an)) excess ((levy)) levies upon the property included within the district, in the manner prescribed by Article VII, section 2, of the Constitution and by RCW 84.52.052((. Such excess levy may be either)) for operating funds ((or for)), capital outlay funds, ((or for a)) and cumulative reserve funds.

       (2) A park and recreation district may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness equal to three-eighths of one percent of the value of the taxable property within such district, as the term "value of the taxable property" is defined in RCW 39.36.015. A park and recreation district may additionally issue general obligation bonds, together with outstanding voter approved and nonvoter approved general obligation indebtedness, equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by three-fifths of the voters of the district at a general or special election called for that purpose and may provide for the retirement thereof by levies in excess of dollar rate limitations in accordance with the provisions of RCW 84.52.056. When authorized by the voters of the district, the district may issue interest bearing warrants payable out of and to the extent of excess levies authorized in the year in which the excess levy was approved. These elections shall be held as provided in RCW 39.36.050. Such bonds and warrants shall be issued and sold in accordance with chapter 39.46 RCW.

       Sec. 3. RCW 36.69.145 and 1984 c 131 s 6 are each amended to read as follows:

       (1) A park and recreation district may impose regular property tax levies in an amount equal to ((fifteen)) sixty cents or less per thousand dollars of assessed value of property in the district in each year for ((five)) six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted at a special election or at the regular election of the district, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty per centum of the ((total votes cast)) number of voters voting in such district at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition if the number of ((electors)) voters voting on the proposition exceeds forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election. A proposition authorizing the tax levies shall not be submitted by a park and recreation district more than twice in any twelve-month period. Ballot propositions shall conform with RCW 29.30.111. In the event a park and recreation district is levying property taxes, which in combination with property taxes levied by other taxing districts subject to the one percent limitation provided for in Article 7, section 2, of our state Constitution result in taxes in excess of the limitation provided for in RCW 84.52.043, the park and recreation district property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced.



       (2) The limitation in RCW 84.55.010 shall not apply to the first levy imposed under this section following the approval of the levies by the voters under subsection (1) of this section.

       Sec. 4. RCW 36.68.520 and 1984 c 186 s 29 and 1984 c 131 s 8 are each reenacted and amended to read as follows:

       (1) A park and recreation service area shall have the power to levy ((an)) annual excess ((levy)) levies upon the property included within the service area if authorized at a special election called for the purpose in the manner prescribed by section 2, Article VII of the Constitution and by RCW 84.52.052((.

       This excess levy may be either)) for operating funds, ((or for)) capital outlay funds, ((or for a)) and cumulative reserve funds.

       (2) A park and recreation service area may issue general obligation bonds for capital purposes only, not to exceed an amount, together with any outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of the taxable property within the ((district)) service area. ((Such districts)) Additionally, a park and recreation service area may issue general obligation bonds, together with any outstanding voter approved and nonvoter approved general indebtedness, equal to two and one-half percent of the value of the taxable property within the ((district)) service area, as the term "value of the taxable property" is defined in RCW 39.36.015, when such bonds are approved by the voters of the ((district)) service area at a special election called for the purpose in accordance with the provisions of Article VIII, section 6 of the Constitution. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.

       Bonds may be retired by excess property tax levies when such levies are approved by the voters at a special election in accordance with the provisions of Article VII, section 2 of the Constitution and RCW 84.52.056.

       Any elections shall be held as provided in RCW 39.36.050.

       Sec. 5. RCW 36.68.525 and 1984 c 131 s 9 are each amended to read as follows:

       A park and recreation service area may impose regular property tax levies in an amount equal to ((fifteen)) sixty cents or less per thousand dollars of assessed value of property in the service area in each year for six consecutive years when specifically authorized so to do by a majority of at least three-fifths of the voters thereof approving a proposition authorizing the levies submitted not more than twelve months prior to the date on which the proposed initial levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of the service area, at which election the number of ((persons)) voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the ((total votes cast)) number of voters voting in the service area at the last preceding general election when the number of ((electors)) voters voting on the proposition does not exceed forty percent of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the ((electors)) voters thereof voting on the proposition if the number of ((electors)) voters voting on the proposition exceeds forty per centum of the ((total votes cast)) number of voters voting in such taxing district in the last preceding general election. A proposition authorizing such tax levies shall not be submitted by a park and recreation ((district)) service area more than twice in any twelve-month period. Ballot propositions shall conform with RCW 29.30.111. If a park and recreation service area is levying property taxes, which in combination with property taxes levied by other taxing districts result in taxes in excess of the nine-dollar and fifteen cents per thousand dollars of assessed valuation limitation provided for in RCW 84.52.043, the park and recreation service area property tax levy shall be reduced or eliminated before the property tax levies of other taxing districts are reduced."


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

      On page 1, line 1 of the title, after "parks;" strike the remainder of the title and insert "amending RCW 36.69.140, 36.69.145, and 36.68.525; reenacting and amending RCW 36.68.520; and creating a new section."


MOTION


      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1122, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1122, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 1122, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

      Voting yea: Senators Bluechel, Erwin, Franklin, Fraser, Gaspard, McAuliffe, McCaslin, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Spanel, Sutherland, Talmadge, Williams, Winsley and Wojahn - 25.

      Voting nay: Senators Amondson, Anderson, Bauer, Cantu, Deccio, Drew, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McDonald, Moore, Morton, Nelson, Niemi, Quigley, Roach, Schow, Smith, A., Smith, L., Snyder, Vognild and West - 24.

      SUBSTITUTE HOUSE BILL NO. 1122, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



SECOND READING


      SUBSTITUTE HOUSE BILL NO. 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.


      The bill was read the second time.


MOTION


      On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2771 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. 2771.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2771 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.

      SUBSTITUTE HOUSE BILL NO. 2771, 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. 2182, by House Committee on Local Government (originally sponsored by Representatives Kremen, Mielke, Eide, King, Linville and H. Myers)

 

Providing transfer rights to certain port district fire fighters.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2182 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. 2182.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2182 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

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

      Voting nay: Senators Amondson, Bluechel, Cantu, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Sellar and Smith, L. - 14.

      SUBSTITUTE HOUSE BILL NO. 2182, 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. 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.


      The bill was read the second time.


MOTION


      On motion of Senator Moore, the rules were suspended, House Bill No. 2843 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. 2843.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2843 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. 2843, 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. 2627, by House Committee on Trade, Economic Development and Housing (originally sponsored by Representatives Quall, Ballard, Valle, Foreman, Shin, Sehlin, Campbell, Johanson, Veloria, Peery, Hansen, G. Cole, Lemmon, Brumsickle, Heavey, Finkbeiner, Dunshee, R. Johnson, Karahalios, Springer, Mastin, Jacobsen, Chappell, R. Meyers, Basich, Patterson, Linville, Grant, Fuhrman, Kremen, Dorn, Ogden, Caver, Scott, Moak, Kessler, Conway, Roland, King, Rayburn, Chandler and J. Kohl)

 

Creating a housing finance program.




      The bill was read the second time.


MOTIONS


      On motion of Senator Moore, the following Committee on Labor and Commerce amendments were considered simultaneously and were adopted:

      On page 2, line 15, after "(5)" strike "Provide" and insert "To the extent funds are made available, provide"

      On page 2, beginning on line 20, after "shall" strike ", by February 1st of each year beginning on February 1, 1995,"

      On page 2, line 21, after "legislature" strike "an" and insert "in its"

      On page 2, line 21, after "report" insert "a summary"


      Senator Cantu moved that the following amendment by Senators Cantu and Amondson be adopted:

      On page 2, after line 9, strike all materials through and including "41.50 RCW;" on line 12.

      Debate ensued.


POINT OF INQUIRY


      Senator McDonald: "Senator Moore, as active participants in the public employee's retirement system, would we qualify--as legislators--for special preference on this?"

       Senator Moore: "If we qualify on the low end, which I suspect in relation to most state employees, we would, and if we have been donors to the fund."

      Further debate ensued

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

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Cantu and Amondson to Substitute House Bill No. 2627.

ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 20; Nays, 28; Absent, 1; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Sellar, Smith, L. and West - 20.

      Voting nay: Senators Bauer, Drew, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 28.

      Absent: Senator Hargrove - 1.


MOTION


      On motion of Senator Moore, the rules were suspended, Substitute House Bill No. 2627, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2627, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2627, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 1; Excused, 0.

      Voting yea: Senators Bauer, Drew, Erwin, Franklin, Fraser, Gaspard, Haugen, Loveland, Ludwig, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 30.

      Voting nay: Senators Amondson, Anderson, Bluechel, Cantu, Deccio, Hochstatter, McCaslin, McDonald, Morton, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Schow, Smith, L. and West - 18.

      Absent: Senator Hargrove - 1.

      SUBSTITUTE HOUSE BILL NO. 2627, 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.


MOTION


      At 10:38 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


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


MOTION


      At 12:03 p.m., on motion of Senator Spanel, the Senate recessed until 1:30 p.m.


      The Senate was called to order at 1:48 p.m. by President Pritchard.

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




MESSAGE FROM THE HOUSE


March 1, 1994


MR. PRESIDENT:

      The House has passed:

      SENATE BILL NO. 6345,

      SENATE BILL NO. 6346, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SENATE BILL NO. 6345,

      SENATE BILL NO. 6346.


MOTION


      On motion of Senator Spanel, the Senate advanced to the sixth order of business.


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Sutherland, Gubernatorial Appointment No. 9440, Dr. Kenneth Casavant, as a member of the Pacific Northwest Electric Power and Conservation Planning Council, was confirmed.


APPOINTMENT OF DR. KENNETH CASAVANT


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.

      Voting yea: Senators Amondson, Anderson, 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, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.

      Absent: Senators Bauer, Bluechel, Sellar and Smith, L. - 4.


MOTION


      On motion of Senator Spanel, the Senate advanced to the eighth order of business.


MOTION


      On motion of Senator McDonald, the following resolution was adopted:


SENATE RESOLUTION 1994-8662


By Senator McDonald


      WHEREAS, The Washington State Legislature recognizes and honors all residents of Welsh descent and proclaims March 1, 1994, as Saint David's Day for the celebration of their Welsh heritage; and

      WHEREAS, Wherever people of Welsh descent congregate, March 1 is observed as St. David's Day in tribute to their Patron, Saint David, who died on that date in the year 589; and

      WHEREAS, Over the centuries, large numbers of Welsh people migrated to America searching for prosperity and freedom. The history of the United States is filled with Welsh names, both in places and people. Many became national leaders. At least sixteen signers of the Declaration of Independence and five United States presidents were of Welsh lineage. The coal mining industry of Washington state, in areas such as Black Diamond and Renton relied on the mining skills of Welsh immigrants, and the Welsh have contributed in many other ways to the successful development of Washington State; and

      WHEREAS, The traditions and heritage of the Welsh have, and continue to, enrich the culture of our society throughout our state and it is fitting that Washington State and its residents join in paying tribute to Saint David and the accomplishments of all Welsh Americans;

      NOW, THEREFORE, BE IT RESOLVED, That March 1, 1994, shall be known as Saint David's Day and all citizens are encouraged to honor the Patron Saint of Wales and the accomplishments of all Welsh-Americans; and

      BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Alan Upshall, President of Puget Sound Welsh Association.


INTRODUCTION OF SPECIAL GUESTS


      The President introduced and welcomed the members of the Puget Sound Welsh Association who were seated in the gallery.


MOTION


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


SECOND READING


      SENATE BILL NO. 6605, by Senator Rinehart

 

Increasing access to health insurance for retired and disabled state and school district employees.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 6605 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Oke, Senators Amondson and Linda Smith were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6605.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6605 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, Bauer, Bluechel, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, Moore, Moyer, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 40.

      Voting nay: Senators Cantu, McCaslin, McDonald, Morton, Oke and West - 6.

      Absent: Senator Newhouse - 1.

      Excused: Senators Amondson and Smith, L. - 2.

      SENATE BILL NO. 6605, 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, Senator Vognild was excused.


SECOND READING


      SENATE BILL NO. 6151, by Senators A. Smith, Ludwig, Quigley and Niemi (by request of Department of Corrections)

 

Revising provisions relating to discharge of offenders.


      The bill was read the second time.


MOTION


      On motion of Senator Adam Smith, the rules were suspended, Senate Bill No. 6151 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6151.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6151 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 1; Excused, 3.

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

      Voting nay: Senators Anderson, Roach and Schow - 3.

      Absent: Senator Hochstatter - 1.

      Excused: Senators Amondson, Smith, L. and Vognild - 3.

      SENATE BILL NO. 6151, 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. 6237, by Senators Franklin, M. Rasmussen, Winsley, Erwin, Quigley, Sellar and Oke (by request of Department of Veterans Affairs)

 

Implementing the veteran estate management program.




MOTIONS


      On motion of Senator Rinehart, Second Substitute Senate Bill No. 6237 was substituted for Senate Bill No. 6237 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Rinehart, the rules were suspended, Second Substitute Senate Bill No. 6237 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 Second Substitute Senate Bill No. 6237.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6237 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators 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., Snyder, Spanel, Sutherland, Talmadge, West, Williams, Winsley and Wojahn - 46.

      Excused: Senators Amondson, Smith, L. and Vognild - 3.

      SECOND SUBSTITUTE SENATE BILL NO. 6237, 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. 6584, by Senator Rinehart (by request of Department of Social and Health Services)

 

Providing benefits under the family emergency assistance program.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 6584 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6584.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6584 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators 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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 47.

      Excused: Senators Amondson and Smith, L. - 2.

      SENATE BILL NO. 6584, 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. 6604, by Senator Rinehart (by request of Department of Social and Health Services)

 

Changing provisions regarding incapacitated persons who are medicaid recipients.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 6604 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6604.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6604 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, 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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 45.

      Voting nay: Senators Anderson and Hochstatter - 2.

      Excused: Senators Amondson and Smith, L. - 2.

      SENATE BILL NO. 6604, 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. 2424, by House Committee on Revenue (originally sponsored by Representatives Anderson, J. Kohl, Ballard, Dellwo, King, Dyer, Grant, Brough, Dorn, Lemmon, Quall, B. Thomas, Campbell, Sehlin, Wolfe, Morris, Roland, Wood, Carlson, Silver, Orr, Sheahan, Dunshee, Cothern, Veloria, Mastin, Heavey, Long, Edmondson, Cooke, Schoesler, Kessler, Romero, Thibaudeau, Conway, Jones, Tate, Mielke, Springer and McMorris)

 

Removing "massage services" from the definition of retail sale.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2424 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2424.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2424 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

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

      Voting nay: Senators Cantu, Deccio, Hochstatter and Morton - 4.

      Excused: Senators Amondson and Smith, L. - 2.

      SUBSTITUTE HOUSE BILL NO. 2424, 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. 2541, by House Committee on Revenue (originally sponsored by Representatives Cothern, Brown, Foreman, Romero, Brough, J. Kohl, Van Luven, Rust and Talcott) (by request of Department of Revenue)

 

Clarifying the business and occupation tax on newspapers.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2541 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2541.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2541 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, 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., Snyder, Spanel, Sutherland, Talmadge, Vognild, West, Williams, Winsley and Wojahn - 46.

      Absent: Senator Bauer - 1.

      Excused: Senators Amondson and Smith, L. - 2.

      SUBSTITUTE HOUSE BILL NO. 2541, 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. 2266, by Representatives Moak, Ogden, Sehlin, Patterson, Wood and Springer (by request of Department of Community Development)

 

Authorizing public works board project loans.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, House Bill No. 2266 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. 2266.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2266 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators 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 - 48.

      Excused: Senator Amondson - 1.

      HOUSE BILL NO. 2266, 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. 2326, by House Committee on Transportation (originally sponsored by Representatives R. Fisher, Heavey, Cooke, Schmidt, Sheldon and Springer)

 

Eliminating gasohol tax exemption.


      The bill was read the second time.


MOTIONS


      Senator Vognild moved that the following Committee on Transportation amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. It is the intent of the legislature to provide an incentive that encourages the use of renewable fuels by the motoring public, stimulates higher value added markets for agricultural products and by-products, and encourages a waste to energy industry. It is also the intent of the legislature to limit the financial impact to the state of this incentive.

       The legislature declares that encouraging the use of renewable fuels by the motoring public will provide the following benefits to the people of Washington: Improved air quality, a market for agricultural products and by-products, a reduction of cost associated with the disposal of organic wastes, and new business and employment opportunities in the state.

       NEW SECTION. Sec. 2. RCW 82.36.2251 and 1993 c 268 s 2 are each repealed.

       Sec. 3. RCW 46.68.090 and 1991 c 342 s 56 are each amended to read as follows:

       (1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for the following purposes:

       (a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;

       (b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly;

       (c) From April 1, 1992, through March 31, 1996, for distribution to the transfer relief account, hereby created in the motor vehicle fund, an amount not to exceed three hundred twenty-five one-thousandths of one percent;

       (d) For distribution to the rural arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(2) and 46.68.095(3);

       (e) For distribution to the urban arterial trust account in the motor vehicle fund, an amount as provided in RCW 82.36.025(3);

       (f) For distribution to the transportation improvement account in the motor vehicle fund, an amount as provided in RCW 46.68.095(1);

       (g) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(2);

       (h) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund, an amount as provided in RCW 46.68.095(4);

       (i) For distribution to the motor vehicle fund to be allocated to cities and towns as provided in RCW 46.68.110, an amount as provided in RCW 46.68.095(5);

       (j) For distribution to the motor vehicle fund to be allocated to counties as provided in RCW 46.68.120, an amount as provided in RCW 46.68.095(6);

       (k) For expenditure for highway purposes of the state as defined in RCW 46.68.130, an amount as provided in RCW 82.36.025(4) and 46.68.095(7);

       (l) From July 1, 1994, through June 30, 1995, for distribution to the gasohol exemption holding account, hereby created in the motor vehicle fund, an amount equal to four and sixty-one one-hundredths of one percent of the amount available prior to distributions under (a) through (k) of this subsection, to be used only for highway construction.

       (2) The amount accruing to the motor vehicle fund by virtue of the motor vehicle fuel tax and the special fuel tax and remaining after payments, distributions, and expenditures as provided in this section shall, for the purposes of this chapter, be referred to as the "net tax amount."

       NEW SECTION. Sec. 4. A new section is added to chapter 82.36 RCW to read as follows:

       (1) Alcohol of any proof that is sold in this state for use as fuel in motor vehicles is exempt from the motor fuel tax under this chapter, subject to the limitations under section 5 of this act, if such alcohol has been verified by the department as meeting all of the following conditions:

       (a)(i) The alcohol was manufactured by a company that has been verified by the department as having produced four million gallons or less of alcohol for use as motor fuel in the prior calendar year. If a company applying for certification has not been in continuous production for the entire prior calendar year its plant or plants must have a total annual fuel alcohol production capacity of four million gallons or less.

       (ii) The company has not sold more than four million gallons of its own manufactured alcohol in the current calendar year.

       (b) The alcohol was manufactured by a company whose primary raw material for the alcohol is food processing waste, brewery waste, or wood and paper processing waste.

       (2) In addition, a tax credit of thirty percent of the tax rate imposed by RCW 82.36.025 shall be given for every gallon of alcohol receiving the exemption under subsection (1) of this section and used in an alcohol gasoline blend which contains at least ten percent by volume of alcohol.

       NEW SECTION. Sec. 5. A new section is added to chapter 82.36 RCW to read as follows:

       The motor fuel tax exemption under section 4 of this act is subject to the following limitations:

       (1) No exemption shall be allowed for the sale of alcohol in all of western Washington during, or one month prior to, the time that oxygenated fuel is required by the state in any area in western Washington. No exemption shall be allowed for the sale of alcohol in all of eastern Washington during, or one month prior to, the time that oxygenated fuel is required by the state in any area in eastern Washington.

       (2) The tax exemption for qualified alcohol shall not apply to any alcohol that is blended with gasoline by any distributor in excess of five million gallons of qualified alcohol per distributor during any calendar year.

       (3)(a) For fuel sold beginning on the effective date of this act and until December 31, 1994, the total amount of the tax exemption and credit shall not exceed two and one-half million dollars.

       (b) For fuel sold after December 31, 1994, the total amount of the tax exemption and credit shall not exceed five million dollars per calendar year.

       NEW SECTION. Sec. 6. (1) If a court enters a final order invalidating or remanding section 2 of this act on the grounds that it does not comply with section 13, chapter 2, Laws of 1994, it is the intent of the legislature that this measure be submitted to the people for their adoption, ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.

       (2) If a court remands this act for a vote of the people, the ballot title shall be substantially as follows: "Shall the alcohol fuel tax exemption be limited to alcohol produced from waste products?"

       NEW SECTION. Sec. 7. Sections 4 and 5 of this act shall expire on December 31, 1999.

       NEW SECTION. Sec. 8. 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 May 1, 1994."


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

      On page 3, line 14 of the amendment, after "manufactured" insert "fuel"


MOTION


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

      On page 4, after line 19 of the amendment, insert the following:

      "NEW SECTION. Sec. 8. 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."

      Renumber the sections consecutively and correct any internal references accordingly.

      The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment, as amended, to Engrossed Substitute House Bill No. 2326.

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


MOTIONS


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

      On page 1, line 1 of the title, after "gasohol;" strike the remainder of the title and insert "amending RCW 46.68.090; adding new sections to chapter 82.36 RCW; creating a new section; repealing RCW 82.36.2251; providing an effective date; providing an expiration date; providing for contingent submission of this act to a vote of the people; and declaring an emergency."


      On motion of Senator Vognild, the rules were suspended, Engrossed Substitute House Bill No. 2326, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2326, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2326 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

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

      Voting nay: Senators Anderson, Bluechel, Cantu, Erwin, Nelson, Roach and Smith, L. - 7.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2326, 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. 2909, by Representatives R. Fisher, Schmidt, Forner and Wood

 

Authorizing bonds for public-private transportation initiatives.


      The bill was read the second time.


MOTION


      On motion of Senator Vognild, the rules were suspended, House Bill No. 2909 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. 2909.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2909 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. 2909, 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. 2582, by House Committee on Revenue (originally sponsored by Representatives Sheldon and Holm)

 

Affecting leasehold excise taxes.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2582 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. 2582.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2582 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.

      SUBSTITUTE HOUSE BILL NO. 2582, 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. 2477, by Representatives Foreman, Romero, Brown, Brough, Carlson, Karahalios, Van Luven, Long, Cooke and Wood (by request of Department of Revenue)

 

Modifying property tax administrative procedures.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, House Bill No. 2477 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. 2477.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2477 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. 2477, 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. 6291, by Senators M. Rasmussen, Prince, McCaslin, Bauer, Winsley and Newhouse

 

Affecting the processing of water rights.


MOTIONS


      On motion of Senator Rasmussen, Second Substitute Senate Bill No. 6291 was substituted for Senate Bill No. 6291 and the second substitute bill was placed on second reading and read the second time.


      Senator Sutherland moved that the following amendment by Senators Sutherland, Rasmussen, Newhouse, Amondson and Morton be adopted:

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

      "NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows:

      In furtherance of the purpose of chapter . . ., Laws of 1994 (this act) to more expeditiously make decisions regarding water right applications as stated in section 1 of this act, the legislature finds that the administering agency will be better enabled to make decisions and be better able to assure conditions placed on permits and certificates are complied with if procedures for the regulation of waters and water rights are clearly established. The purpose of this section is to set forth the powers of the department to regulate the withdrawal or diversion of public waters and water or water rights related thereto including regulation based on dates of priority or other pertinent factors. Regulatory actions taken under this section shall be based on examination and determination by the department or the court, as applicable, of the various water rights involved according to the department's records and other records and pertinent facts. The powers set forth in this section may be exercised whether or not a general adjudication relating to the water rights involved has been conducted.

      (1) In a regulatory situation (a) where a water right or all water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is or are embodied in a certificate or certificates issued under RCW 90.03.240, 90.03.330, 90.38.040, 90.42.040, or 90.44.060 or a permit or permits issued pursuant to RCW 90.03.290 or 90.44.060; or (b) where a flow or level has been established by rule pursuant to chapter 90.22 or 90.54 RCW; or (c) where it appears to the department that public waters are being withdrawn without any right or other appropriate authority whatsoever, the department in its discretion is authorized to regulate the right or rights under either RCW 43.27A.190 or subsection (2) of this section.

      (2) In a regulatory situation where one or more of the water rights proposed for regulation by the department, as well as any right or rights of a senior priority that the proposed regulation is designed to protect, is not or are not embodied in a permit or certificate as described in subsection (1) of this section, the department, as its sole and exclusive power to regulate, is authorized to bring an appropriate action at law or in equity, including seeking injunctive relief, as it may deem necessary. Where actions are brought in a state court, the actions shall be initiated in the superior court of the county where the point or points of diversion of the water right or rights proposed for regulation are located. If the points of diversion are located in more than one county, the department may bring the action in a county where a point of diversion is located.

      (3) Nothing in this section authorizes the department to accomplish a general adjudication of water rights proceeding or the substantial equivalent of a general adjudication of water rights. The exclusive procedure for accomplishing a general adjudication of water rights is under RCW 90.03.110 through 90.03.245 or 90.44.220.

      (4) Nothing in this section shall have an impact on RCW 90.14.130 or 90.14.200.

      (5) This section does not in any way modify regulatory powers previously placed with the department except as provided in subsections (1) and (2) of this section."

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


POINT OF ORDER


      Senator Talmadge: "Mr. President, I rise to a point of order. I believe the amendment expands the scope and object of Second Substitute Senate Bill No. 6291. The bill that is before us deals with the issue of water permits, that is whether or not some one has the right to take water. For that right, the bill charges a permitting fee and many have said it is the central portion of the bill--the permitting fee portion of the bill. What the proposed amendment does is deal with the question of the Washington Supreme Court's decision in the Sinking Creek Case where the State Supreme Court said that these kinds of matters involving disputes about the extent of a water right or the existence of a water right had to be handled in an adjudication. It is something separate and apart from the question of water permits. The amendment that is before us essentially stood in a separate Senate Bill, Senate Bill No. 6536. It really deals with an issue of where there is a dispute about the existence and scope and extent of water rights and really doesn't deal with the issue of water rights permits, which is the central function in Second Substitute Senate Bill No. 6291. For that reason, I believe it expands the scope and object of the bill."

      Further debate ensued.

      There being no objection, the President deferred further consideration of Second Substitute Senate Bill No. 6291.


      President Pro Tempore Wojahn assumed the Chair.


SECOND READING


      HOUSE BILL NO. 1133, by Representatives Kremen, Ballasiotes, Ludwig, Long, Riley, H. Myers, Zellinsky, Schmidt, Padden, Fuhrman and Johanson

 

Allowing the assignment of claims for unlawful conversion of goods and unlawful leaving without paying.


      The bill was read the second time.


MOTION


      On motion of Senator Adam Smith, the rules were suspended, House Bill No. 1133 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1133.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 1133 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. 1133, 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. 2618, by House Committee on Transportation (originally sponsored by Representatives Schmidt, Zellinsky, Wood, Johanson, Sheldon, Talcott and J. Kohl)

 

Adding ferry water routes to the state highway system.


      The bill was read the second time.


MOTION


      On motion of Senator Vognild, the rules were suspended, Substitute House Bill No. 2618 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2618.

ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2618 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.

      SUBSTITUTE HOUSE BILL NO. 2618, 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


      SECOND SUBSTITUTE HOUSE BILL NO. 1009, by House Committee on Judiciary (originally sponsored by Representatives Appelwick and Riley)

 

Prescribing liabilities for lis pendens filings.


      The bill was read the second time.


MOTIONS


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

      On page 1, line 9, after "property," insert "however named, including consensual commercial lien, common law lien, commercial contractual lien, or demand for performance of public office lien,"

      On page 1, line 10, after "60," insert "other than chapter 60.70 RCW,"


      On motion of Senator Adam Smith, the rules were suspended, Second Substitute House Bill No. 1009, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1009, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1009, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; 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, 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 - 48.

      Absent: Senator Owen - 1.

      SECOND SUBSTITUTE HOUSE BILL NO. 1009, 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.


MOTION


      On motion of Senator Oke, Senators Deccio and Roach were excused.


SECOND READING


      HOUSE BILL NO. 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.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, House Bill No. 2814 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2814.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2814 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Loveland, Ludwig, McAuliffe, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams, Winsley and Wojahn - 34.

      Voting nay: Senators Amondson, Anderson, Cantu, Hochstatter, McCaslin, McDonald, Moore, Morton, Moyer, Nelson, Prince, Sellar and West - 13.

      Excused: Senators Deccio and Roach - 2.

      HOUSE BILL NO. 2814, 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. 2562, by Representative Rayburn

 

Foreclosing liens on delinquent assessments.


      The bill was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 2562 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Ludwig was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2562.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2562 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, 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 - 47.

      Absent: Senator Amondson - 1.

      Excused: Senator Ludwig - 1.

      HOUSE BILL NO. 2562, 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. 2414, by House Committee on Transportation (originally sponsored by Representatives Brown, R. Fisher, Appelwick, J. Kohl, King and Patterson) (by request of Washington Traffic Safety Commission)

 

Changing provisions relating to child passenger restraint systems.


      The bill was read the second time.


MOTION


      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 2414 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2414.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2414 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, Bauer, Bluechel, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, McAuliffe, Moore, Moyer, Nelson, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Winsley and Wojahn - 30.

      Voting nay: Senators Amondson, Cantu, Deccio, Hochstatter, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Schow, Sellar, Skratek, Vognild, West and Williams - 18.

      Excused: Senator Ludwig - 1.

      SUBSTITUTE HOUSE BILL NO. 2414, 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


      HOUSE BILL NO. 2300, by Representatives Morris, Padden, Long, King and Brough (by request of Department of Corrections and Employment Security Department)

 

Revising provisions relating to offender eligibility for unemployment compensation benefits.


      The bill was read the second time.


MOTIONS


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

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 72.09.100 and 1992 c 123 s 1 are each amended to read as follows:

       It is the intent of the legislature to vest in the department the power to provide for a comprehensive inmate work program and to remove statutory and other restrictions which have limited work programs in the past. For purposes of establishing such a comprehensive program, the legislature recommends that the department consider adopting any or all, or any variation of, the following classes of work programs:

       (1) CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class shall be operated and managed in total or in part by any profit or nonprofit organization pursuant to an agreement between the organization and the department. The organization shall produce goods or services for sale to both the public and private sector.

       The customer model industries in this class shall be operated and managed by the department to provide Washington state manufacturers or businesses with products or services currently produced or provided by out-of-state or foreign suppliers. The correctional industries board of directors shall review these proposed industries before the department contracts to provide such products or services. The review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community and labor market.

       The department of corrections shall supply appropriate security and custody services without charge to the participating firms.

       Inmates who work in free venture industries shall do so at their own choice. They shall be paid a wage comparable to the wage paid for work of a similar nature in the locality in which the industry is located, as determined by the director of correctional industries. If the director cannot reasonably determine the comparable wage, then the pay shall not be less than the federal minimum wage.

       An inmate who is employed in the class I program of correctional industries shall not be eligible for unemployment compensation benefits pursuant to any of the provisions of Title 50 RCW until released on parole or discharged.

       (2) CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be state-owned and operated enterprises designed to reduce the costs for goods and services for tax-supported agencies and for nonprofit organizations. The industries selected for development within this class shall, as much as possible, match the available pool of inmate work skills and aptitudes with the work opportunities in the free community. The industries shall be closely patterned after private sector industries but with the objective of reducing public support costs rather than making a profit. The products and services of this industry, including purchased products and services necessary for a complete product line, may be sold to public agencies, to nonprofit organizations, and to private contractors when the goods purchased will be ultimately used by a public agency or a nonprofit organization. Clothing manufactured by an industry in this class may be donated to nonprofit organizations that provide clothing free of charge to low-income persons. Correctional industries products and services shall be reviewed by the correctional industries board of directors before offering such products and services for sale to private contractors. The board of directors shall conduct a yearly marketing review of the products and services offered under this subsection. Such review shall include an analysis of the potential impact of the proposed products and services on the Washington state business community. To avoid waste or spoilage and consequent loss to the state, when there is no public sector market for such goods, byproducts and surpluses of timber, agricultural, and animal husbandry enterprises may be sold to private persons, at private sale. Surplus byproducts and surpluses of timber, agricultural and animal husbandry enterprises that cannot be sold to public agencies or to private persons may be donated to nonprofit organizations. All sales of surplus products shall be carried out in accordance with rules prescribed by the secretary.

       Security and custody services shall be provided without charge by the department of corrections.

       Inmates working in this class of industries shall do so at their own choice and shall be paid for their work on a gratuity scale which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located and which is approved by the director of correctional industries.

       (3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to accomplish the following objectives:

       (a) Whenever possible, to provide basic work training and experience so that the inmate will be able to qualify for better work both within correctional industries and the free community. It is not intended that an inmate's work within this class of industries should be his or her final and total work experience as an inmate.

       (b) Whenever possible, to provide forty hours of work or work training per week.

       (c) Whenever possible, to offset tax and other public support costs.

       Supervising, management, and custody staff shall be employees of the department.

       All able and eligible inmates who are assigned work and who are not working in other classes of industries shall work in this class.

       Except for inmates who work in work training programs, inmates in this class shall be paid for their work in accordance with an inmate gratuity scale. The scale shall be adopted by the secretary of corrections.

       (4) CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be operated by the department of corrections. They shall be designed and managed to provide services in the inmate's resident community at a reduced cost. The services shall be provided to public agencies, to persons who are poor or infirm, or to nonprofit organizations.

       Inmates in this program shall reside in facilities owned by, contracted for, or licensed by the department of corrections. A unit of local government shall provide work supervision services without charge to the state and shall pay the inmate's wage.

       The department of corrections shall reimburse participating units of local government for liability and workers compensation insurance costs.

       Inmates who work in this class of industries shall do so at their own choice and shall receive a gratuity which shall not exceed the wage paid for work of a similar nature in the locality in which the industry is located.

       (5) CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject to supervision by the department of corrections. The purpose of this class of industries is to enable an ((offender)) inmate, placed on community supervision, to work off all or part of a community service order as ordered by the sentencing court.

       Employment shall be in a community service program operated by the state, local units of government, or a nonprofit agency.

       To the extent that funds are specifically made available for such purposes, the department of corrections shall reimburse nonprofit agencies for workers compensation insurance costs."


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

      On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 72.09.100."


MOTION


      On motion of Senator Moore, the rules were suspended, House Bill No. 2300, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2300, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2300, as amended by the Senate, 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. 2300, 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


      SECOND SUBSTITUTE HOUSE BILL NO. 1235, by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Padden, Ludwig and Johanson)

 

Creating partnerships.


      The bill was read the second time.


MOTIONS


      On motion of Senator Adam Smith, the following Committee on Law and Justice amendment was adopted:

      On page 2, beginning on line 37, after "accountants," strike all material through "law" on line 39, and insert "architects, veterinarians, attorneys at law, and health professions regulated under chapter 18.130 RCW"


      On motion of Senator Adam Smith, the rules were suspended, Second Substitute House Bill No. 1235, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1235, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1235, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; 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, Morton, Moyer, Nelson, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 46.

      Voting nay: Senators Moore, Niemi and Talmadge - 3.

      SECOND SUBSTITUTE HOUSE BILL NO. 1235, 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


      SUBSTITUTE HOUSE BILL NO. 2614, by House Committee on Commerce and Labor (originally sponsored by Representatives King, Lisk, G. Cole, Foreman, Chandler, Brough, Dyer, Silver and Van Luven)

 

Allowing self-insured employers to close disability claims after July 1990.


      The bill was read the second time.





MOTION


      Senator Prentice moved that the following amendment be adopted:

      On page 4, after line 7, insert the following:

       "Sec. 2. RCW 51.32.095 and 1988 c 161 s 9 are each amended to read as follows:

       (1) One of the primary purposes of this title is to enable the injured worker to become employable at gainful employment. To this end, the department or self-insurers shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to lend expert assistance to the supervisor of industrial insurance in such programs of vocational rehabilitation as may be reasonable to make the worker employable consistent with his or her physical and mental status. Where, after evaluation and recommendation by such individuals or organizations ((and prior to final evaluation of the worker's permanent disability)) and in the sole opinion of the supervisor or supervisor's designee, whether or not medical treatment has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become employable at gainful employment, the supervisor or supervisor's designee may, in his or her sole discretion, pay or, if the employer is a self-insurer, direct the self-insurer to pay the cost as provided in subsection (3) of this section.

       (2) When in the sole discretion of the supervisor or the supervisor's designee vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment, then the following order of priorities shall be used:

       (a) Return to the previous job with the same employer;

       (b) Modification of the previous job with the same employer including transitional return to work;

       (c) A new job with the same employer in keeping with any limitations or restrictions;

       (d) Modification of a new job with the same employer including transitional return to work;

       (e) Modification of the previous job with a new employer;

       (f) A new job with a new employer or self-employment based upon transferable skills;

       (g) Modification of a new job with a new employer;

       (h) A new job with a new employer or self-employment involving on-the-job training;

       (i) Short-term retraining and job placement.

       (3) Costs for vocational rehabilitation benefits allowed by the supervisor or supervisor's designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, ((transportation, child or dependent care,)) and other necessary expenses for any such worker in an amount not to exceed ((three thousand dollars)) one hundred fifty-five percent of the average monthly wage in the state on the date of injury as computed under RCW 51.08.018 in any fifty-two week period, ((and)) the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation, and the cost of transportation and of child or dependent care related to the worker's participation in the vocational rehabilitation program. Such expenses may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment((: PROVIDED, That such)). The department shall establish by rule allowable reimbursement rates for mileage and either child or dependent care, or both. The compensation or payment of retraining with job placement expenses authorized under this section may not be authorized for a period of more than fifty-two weeks((: PROVIDED FURTHER, That such)). However, this period may, in the sole discretion of the supervisor after his or her review, be extended for an additional fifty-two weeks or portion thereof by written order of the supervisor.

       In cases where the worker is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid. ((Said)) The costs shall be chargeable to the employer's cost experience or shall be paid by the self-insurer as the case may be.

       (4) The department shall establish criteria to monitor the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section. The state fund shall make referrals for vocational rehabilitation services based on these performance criteria. Organizations to which referrals are made may include administrative entities of service delivery areas as established under the federal job training partnership act if the entities meet minimum standards established by the department.

       (5) The department shall engage in, where feasible and cost-effective, a cooperative program with the state employment security department to provide job placement services under this section.

       (6) The benefits in this section shall be provided for the injured workers of self-insured employers. Self-insurers shall report both benefits provided and benefits denied under this section in the manner prescribed by the department by rule adopted under chapter 34.05 RCW. The director may, in his or her sole discretion and upon his or her own initiative or at any time that a dispute arises under this section, promptly make such inquiries as circumstances require and take such other action as he or she considers will properly determine the matter and protect the rights of the parties.

       (7) The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury. However, claims shall not be reopened solely for vocational rehabilitation purposes.

       NEW SECTION. Sec. 3. A new section is added to chapter 51.12 RCW to read as follows:

       A person who provides rehabilitation for injured workers in the form of on-the-job training or transitional work under this title may elect coverage under this title for the injured workers receiving the services, regardless of whether the person providing the services pays wages to the workers for the on-the-job training or transitional work program. RCW 51.16.120(3) shall apply to the workers for whom coverage has been elected as authorized in this section. For the purposes of this section, "person" means an individual, firm, corporation, partnership, trust, legal representative, or other legal entity.

       NEW SECTION. Sec. 4. Sections 2 and 3 of this act apply to vocational rehabilitation plans started on or after the effective date of this section."


POINT OF ORDER


      Senator Amondson: "Mr. President, referring to Rule 66, I raise the scope and object of this amendment. This bill relates to claims closures with regards to self-insurers. The amendment that is proposed makes a number of changes relating to vocational rehabilitation services and industrial insurance and doesn't relate to claims closures. It does not deal with the claims closures of self-insurers. However, there is another bill, specifically House Bill No. 1653, which has undergone the committee process which refers to vocational rehabilitation and that bill currently is in Rules and that issue would be better decided on that piece of legislation."

      Further debate ensued

      There being no objection, the President deferred further consideration of Substitute House Bill No. 2614.


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





MESSAGES FROM THE HOUSE


March 1, 1994


MR. PRESIDENT:

      The Speaker has signed:

      SENATE BILL NO. 6345,

      SENATE BILL NO. 6346, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


March 1, 1994


MR. PRESIDENT:

      The Speaker has signed:

      SUBSTITUTE HOUSE BILL NO. 1090,

      SUBSTITUTE HOUSE BILL NO. 1339,

      HOUSE BILL NO. 2159,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2244,

      HOUSE BILL NO. 2340,

      HOUSE BILL NO. 2369,

      SUBSTITUTE HOUSE BILL NO. 2370,

      ENGROSSED HOUSE BILL NO. 2376,

      HOUSE BILL NO. 2377,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388,

      HOUSE BILL NO. 2419,

      SUBSTITUTE HOUSE BILL NO. 2430,

      SUBSTITUTE HOUSE BILL NO. 2438,

      SUBSTITUTE HOUSE BILL NO. 2443,

      SUBSTITUTE HOUSE BILL NO. 2566,

      HOUSE BILL NO. 2590,

      SUBSTITUTE HOUSE BILL NO. 2608, and the same are herewith transmitted.

MARILYN SHOWALTER, Chief Clerk


SIGNED BY THE PRESIDENT


      The President signed:

      SUBSTITUTE HOUSE BILL NO. 1090, 

      SUBSTITUTE HOUSE BILL NO. 1339,

      HOUSE BILL NO. 2159,

      HOUSE BILL NO. 2187,

      HOUSE BILL NO. 2244,

      HOUSE BILL NO. 2340,

      HOUSE BILL NO. 2369,

      SUBSTITUTE HOUSE BILL NO. 2370,

      ENGROSSED HOUSE BILL NO. 2376,

      HOUSE BILL NO. 2377,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2388,

      HOUSE BILL NO. 2419,

      SUBSTITUTE HOUSE BILL NO. 2430,

      SUBSTITUTE HOUSE BILL NO. 2438,

      SUBSTITUTE HOUSE BILL NO. 2443,

      SUBSTITUTE HOUSE BILL NO. 2566,

      HOUSE BILL NO. 2590,

      SUBSTITUTE HOUSE BILL NO. 2608.


MOTION


      On motion of Senator Spanel, the Senate advanced to the sixth order of business.


MOTION


      On motion of Senator Bauer, the following Gubernatorial Appointments were confirmed by a single roll call vote and each name recorded as if voting on each appointment separately:



SECOND READING

GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9317, Gwen Chaplin, as a member of the Board of Trustees for Central Washington University, was confirmed.


APPOINTMENT OF GWEN CHAPLIN


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9355, Dwight K. Imanaka, as a member of the Board of Trustees for The Evergreen State College, was confirmed.


APPOINTMENT OF DWIGHT K. IMANAKA


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9436, Richard R. Albrecht, as a member of the Board of Regents for Washington State University, was confirmed.


APPOINTMENT OF RICHARD R. ALBRECHT


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9439, Judge Carmen Otero, as a member of the Board of Regents for Washington State University, was confirmed.


APPOINTMENT OF JUDGE CARMEN OTERO


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, the following Gubernatorial Appointments of Community and Technical Colleges were confirmed by a single roll call vote and each name recorded as if voting on each appointment separately:


SECOND READING

GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9344, James D. Avers, as a member of the Board of Trustees for Green River Community College District No. 10, was confirmed.


APPOINTMENT OF JAMES D. AVERS


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9345, Ricardo R. Garcia, as a member of the Board of Trustees for Yakima Valley Community College District No. 16, was confirmed.


APPOINTMENT OF RICARDO R. GARCIA


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9350, Linda Sprenger, as a member of the Board of Trustees for Green River Community College District No. 10, was confirmed.


APPOINTMENT OF LINDA SPRENGER


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9351, Harry Yamomoto, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.


APPOINTMENT OF HARRY YAMOMOTO


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9374, Ronald M. Gould, as a member of the Board of Trustees for Bellevue Community College District No. 8, was confirmed.


APPOINTMENT OF RONALD M. GOULD


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9383, Fredrica Denton, as a member of the Board of Trustees for Lake Washington Technical College District No. 26, was confirmed.


APPOINTMENT OF FREDRICA DENTON


      The Secretary called the roll. The appointment was confirmed 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.



MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9384, Roland Dewhurst, as a member of the Board of Trustees for Bates Technical College District No. 28, was confirmed.


APPOINTMENT OF ROLAND DEWHURST


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9386, Patrick F. Donohue, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.


APPOINTMENT OF PATRICK F. DONOHUE


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9391, Janet Kovatch, as a member of the Board of Trustees for Clover Park Technical College District No. 29, was confirmed.


APPOINTMENT OF JANET KOVATCH


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9393, Alicia Nakata, as a member of the Board of Trustees for Wenatchee Valley Community College District No. 15, was confirmed.


APPOINTMENT OF ALICIA NAKATA


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9396, Gerald S. Robinson, as a member of the Board of Trustees for Highline Community College District No. 9, was confirmed.


APPOINTMENT OF GERALD S. ROBINSON


      The Secretary called the roll. The appointment was confirmed 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.

MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9399, Robert Yamashita, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.


APPOINTMENT OF ROBERT YAMASHITA


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9409, Robert Kozuki, as a member of the Board of Trustees for Pierce Community College District No. 11, was confirmed.


APPOINTMENT OF ROBERT KOZUKI


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9411, Carolyn Keck, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.


APPOINTMENT OF CAROLYN KECK


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9412, Victor H. Clausen, as a member of the Board of Trustees for Clark Community College District No. 14, was confirmed.


APPOINTMENT OF VICTOR H. CLAUSEN


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9414, A. M. Jorgenson, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.


APPOINTMENT OF A. M. JORGENSON


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9415, Joseph Enbody, as a member of the Board of Trustees for Centralia Community College District No. 12, was confirmed.


APPOINTMENT OF JOSEPH ENBODY


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9416, Charles Michener, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.


APPOINTMENT OF CHARLES MICHENER


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9420, Darrell Beers, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.


APPOINTMENT OF DARRELL BEERS


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9431, Robert Christenson, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.


APPOINTMENT OF ROBERT CHRISTENSON


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9432, Teri Treat, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.


APPOINTMENT OF TERI TREAT


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9433, Robert J. Hitt, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.


APPOINTMENT OF ROBERT J. HITT


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9434, Kathleen Quigg, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.


APPOINTMENT OF KATHLEEN QUIGG


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Moore, the Gubernatorial Appointment of Tobias W. Washington, Jr., No. 9356, as a member of the Board of Trustees for Shoreline Community College District No. 7, was considered separately.


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9356, Tobias W. Washington, Jr., as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.

      Senator Bauer spoke to the confirmation of Tobias W. Washington, Jr., as a member of the Board of Trustees for Shoreline Community College District No. 7.

      Senator Moore spoke against the confirmation of Tobias W. Washington, Jr., as a member of the Board of Trustees for Shoreline Community College District No. 7.


APPOINTMENT OF TOBIAS W. WASHINGTON, JR.


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 9; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, Bauer, Bluechel, Cantu, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Morton, Nelson, Niemi, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sheldon, Skratek, Smith, A., Smith, L., Spanel, Sutherland, Talmadge, Vognild, West, Williams and Winsley - 39.

      Voting nay: Senators Deccio, McCaslin, Moore, Moyer, Newhouse, Oke, Sellar, Snyder and Wojahn - 9.

      Absent: Senator Amondson - 1.


MOTION


      On motion of Senator Bauer, the following Gubernatorial Appointments were confirmed by a single roll call vote and each name recorded as if voting on each appointment separately:


SECOND READING

GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9159, Frank Ducceschi, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.


APPOINTMENT OF FRANK DUCCESCHI


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9188, Julie Johnson, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.


APPOINTMENT OF JULIE JOHNSON


      The Secretary called the roll. The appointment was confirmed 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.

MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9430, Karen Gates-Hildt, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.


APPOINTMENT OF KAREN GATES-HILDT


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      On motion of Senator Bauer, Gubernatorial Appointment No. 9435, Roger Reidel, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.


APPOINTMENT OF ROGER REIDEL


      The Secretary called the roll. The appointment was confirmed 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.


MOTION


      At 4:26 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 5:11 p.m. by President Pritchard.


SECOND READING

GUBERNATORIAL APPOINTMENT


MOTION


      On motion of Senator Haugen, Gubernatorial Appointment No. 9366, Dennis Karras, as Director of the Department of Personnel, was confirmed.


APPOINTMENT OF DENNIS KARRAS


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

      Voting yea: Senators Amondson, Anderson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, McAuliffe, McCaslin, McDonald, Moore, Morton, Nelson, Newhouse, Niemi, Oke, Owen, 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.

      Absent: Senators Ludwig, Moyer and Pelz - 3.


      There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 6291 and the pending amendment by Senators Sutherland, Rasmussen, Newhouse, Amondson and Morton on page 1, after line 18, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Talmadge, the President finds that Second Substitute Senate Bill No. 6291 is a measure which provides changes to the water rights and permitting processes of the Department of Ecology, makes changes to the basis for water rights transfers, changes to the requirements to obtain authorization for certain water right uses, and establishes fees.

      "The amendment proposed by Senators Sutherland, Rasmussen, Newhouse, Amondson and Morton on page 1, after line 18, would place certain conditions on the Department of Ecology in dealing with water rights.

      "The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."

 

      The amendment by Senators Sutherland, Rasmussen Newhouse, Amondson and Morton on page 1, after line 18, to Second Substitute Senate Bill No. 6291 was ruled in order.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Sutherland, Rasmussen, Amondson and Morton on page 1, after line 18, to Second Substitute Senate Bill No. 6291.

      Debate ensued.

      The motion by Senator Sutherland carried and the amendment was adopted.


MOTIONS


      On motion of Senator Fraser, the following amendments by Senators Rasmussen, Deccio, Haugen, Morton, Loveland and Talmadge were considered simultaneously and were adopted:

      On page 9, after line 9, insert the following:

       "(f) Implementation of water efficiency measures, including conservation and reclaimed water use;"

       Renumber the remaining subsections consecutively and correct internal references accordingly.

       On page 12, line 21, after "department" insert ", under this chapter or chapter 90.46 RCW"

       On page 28, after line 26, insert the following:

       "Sec. 31. RCW 90.46.020 and 1992 c 204 s 3 are each amended to read as follows:

       (1) The department of ecology shall, in coordination with the department of health, develop ((interim)) standards for ((pilot projects under subsection (3) of this section on or before July 1, 1992, for)) the use of reclaimed water in land applications.

       (2) The department of health shall, in coordination with the department of ecology, develop ((interim)) standards for ((pilot projects under subsection (3) of this section on or before November 15, 1992, for)) the use of reclaimed water in commercial and industrial activities.

       (3) The department of ecology and the department of health shall assist interested parties in the development of ((pilot)) projects to aid in achieving the purposes of this chapter."

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

       On page 28, line 33, after "29 through" strike "31" and insert "32"


       On motion of Senator Rasmussen, the following amendment by Senators Rasmussen, Newhouse, Loveland, Fraser, Morton, Sutherland and Williams was adopted:

       On page 17, beginning on line 31, strike all of section 25 and insert the following:

       "NEW SECTION. Sec. 25. (1) The department of ecology shall in conjunction with the task force created in section 3, chapter 495, Laws of 1993 develop a budget process for its water rights administration program that accomplishes the following:

       (a) Identifies targets for permitting activities for the biennium;

       (b) Identifies workload standards;

       (c) Prepares a draft budget;

       (d) Provides for timely public review of the draft budget; and

       (e) Circulates a final budget.

       (2) The department of ecology shall, in conjunction with the water rights programs review task force, establish and periodically review the following:

       (a) Workload standards and proposed incentives to improve such standards;

       (b) Program expenditure categories to account for and track costs related to the water rights administration program; and

       (c) Success measures based upon programmatic results designed to evaluate program effectiveness and standards for defining the measures.

       In establishing the initial workload standards, the legislature has an expectation that the department of ecology will process a simple, basic application in six months and an application of intermediate difficulty in one year.

       (3) The task force shall report annually to the legislature on the success measures established, the number of water right permit decisions made, and the associated costs of administering the water rights program.

       (4) The legislature may provide for another state entity or an independent contractor to conduct periodic performance audits or evaluations of the effectiveness and efficiency of the department of ecology in meeting its workload standards and achieving programmatic success.

       (5) This section shall expire on June 30, 1998.

       Sec. 26. 1993 c 495 s 3 (uncodified) is amended to read as follows:

       (1) There is created a water rights ((fees)) programs review task force. The task force shall be comprised of ((fourteen)) fifteen members, who are appointed as follows:

       (a) Two members of the Washington state house of representatives, one from each major caucus, to be appointed by the speaker of the house of representatives;

       (b) Two members of the Washington state senate, one from each major caucus, to be appointed by the president of the senate;

       (c) ((Ten)) Eleven members, to be appointed jointly by the speaker of the house of representatives and the president of the senate, to represent the following interests: Agriculture, aquaculture, business, cities, counties, the state department of ecology, environmentalists, water recreation interests, water utilities, rural residential interests, and hydropower interests. ((The task force may establish technical advisory committees as necessary to complete its tasks.))

       (2) In addition to the functions established in section 25 of this act, the task force shall conduct a ((comprehensive)) review ((of water rights fees. The task force's tasks shall include)), including but not ((be)) limited to the following matters:

       (a) ((Identification of the costs associated with the various activities and services provided by the water rights program and examination of how these costs compare with the fees charged for these activities and services;

       (b) Identification of appropriate accountability measures for the department of ecology to employ in administration of the water rights program. Recommendations of accountability requirements and measurements shall take into account the distinctive characteristics of the water rights program, that is, that the department receives a large number of applications on a one-time basis and that the department of ecology must meet its legal obligations under the doctrine of prior appropriation;

       (c) Identification of which program activities should be eligible for cost recovery from fees, as well as which direct and indirect costs of program administration;

       (d) Review of the application, examination, and water rights permit requirements for marine water users to determine if these users should receive special fee consideration;

       (e) Review of the definition and treatment of nonconsumptive water uses to determine if special fee consideration should be given to these users;

       (f) Review of the fees and accounting methods for the dam safety program;

       (g) Identification of the appropriate distribution of responsibility between the applicant and the department of ecology for provision of technical information and analysis; and

       (h) Establishment of a reasonable time framework for completion of new and pending water rights applications, and an analysis of the staff and funding levels required to meet the established time framework)) Implementation of the development and maintenance of the water resource data management system, monitored on an annual basis; and

       (b) The use and amount of funds available for the water right permit processing and data management programs and the transition between fiscal year 1998 and fiscal year 1999.

       (3) Before December 1, ((1993)) 1997, the task force shall provide recommendations to the legislature regarding:

       (a) ((Provide recommendations to the department of ecology on ways to improve the efficiency and accountability of the water rights program;

       (b) Provide recommendations to the legislature on statutory changes necessary to make these efficiency and accountability improvements; and

       (c) Propose a new fee schedule for the water rights program which incorporates the results of the task force's work and which funds through fees fifty percent of the cost of the activities and services provided by the program)) The efficiency and accountability of the water right permit processing program and the need for change to the level of funding in fiscal year 1999;

       (b) The future direction of the water resource data management program and the need for changes to the level of funding in fiscal year 1999; and

       (c) Modification to the fee schedule to fund water right permit processing and data management programs that is to go into effect on July 1, 1998, including a reexamination of the fee on exempt wells established in RCW 90.03.--- (section 28 of this act).

       (4) The department of ecology and the legislature shall jointly provide for the staff support of the task force.

       (5) The task force shall convene as soon as possible upon the appointment of its members. Task force members shall elect a chair and adopt rules for conducting the business of the task force. The task force shall expire on June 30, ((1994)) 1998."

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


MOTION


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

      On page 24, line 6, after "minute." strike subsection (2) ending on line 16 after "registered."

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

      On page 27, line 21, after "minute." strike subsection (2) ending on line 16 after "registered."

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

      Debate ensued.


POINT OF INQUIRY


      Senator Amondson: "Senator Williams, does the passage of your amendment remove the exemption for those wells under five thousand gallons per day?"

      Senator Williams: "No."

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Williams on page 24, line 6, and page 27, line 21, to Second Substitute Senate Bill No. 6291.

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


MOTIONS


      On motion of Senator Sutherland, the following amendment by Senators Sutherland, Rasmussen, Talmadge, Morton and Sellar was adopted:

      On page 28, after line 26, insert the following:

      "NEW SECTION. Sec. 31. The legislature shall examine and recommend state policies relating to water rights, water use, and water doctrine and report the recommendations to the appropriate standing committees of the 1995 legislature."

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


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

      On page 1, line 4 of the title, after "89.30.001," strike "and 90.40.090" and insert "90.40.090, and 90.46.020"

      On page 1, line 4 of the title, after "90.40.090;" insert "amending 1993 c 495 s 3 (uncodified);"

      On page 1, line 4 of the title, after "90.40.090;" insert "adding new sections to chapter 90.03 RCW;"

      On page 1, beginning on line 5 of the title, after "43.21B RCW;" strike "adding new sections to chapter 90.03 RCW;"

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


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6291 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6291.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6291 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

      Voting yea: Senators Bauer, Bluechel, Deccio, Drew, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McCaslin, Morton, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Schow, Sellar, Sheldon, Smith, A., Snyder, Spanel, Sutherland, West and Winsley - 36.

      Voting nay: Senators Amondson, Anderson, Cantu, Erwin, Franklin, McDonald, Moore, Skratek, Smith, L., Talmadge, Vognild, Williams and Wojahn - 13.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291, 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 Senate resumed consideration of Substitute House Bill No. 2614 and the pending amendment by Senator Prentice on page 4, after line 7, deferred earlier today.


RULING BY THE PRESIDENT


      President Pritchard: "In ruling upon the point of order raised by Senator Amondson, the President finds that Substitute House Bill No. 2614 is a measure which provides for the closure of certain industrial insurance claims by self-insured employers.

      "The amendment proposed by Senator Prentice on page 4, after line 7, would change the allowable benefits for vocational rehabilitation.

      "The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken."


      The amendment by Senator Prentice on page 4, after line 7, to Substitute House Bill No. 2614 was ruled out of order.


MOTION


      On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2614 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Oke, Senator Anderson was excused.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2614.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2614 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, 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 - 48.

      Excused: Senator Anderson - 1.

      SUBSTITUTE HOUSE BILL NO. 2614, 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 HOUSE BILL NO. 2561, by Representatives Rayburn and Roland

 

Modifying regulations for controlled atmosphere storage of fruit.


      The bill was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Engrossed House Bill No. 2561 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2561.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed House Bill No. 2561 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, 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 - 48.

      Excused: Senator Anderson - 1.

      ENGROSSED HOUSE BILL NO. 2561, 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. 2750, by Representatives Long, Bray, Kessler, Johanson, Chandler, Finkbeiner, Kremen and Caver

 

Changing provisions relating to joint operating agencies.


      The bill was read the second time.


MOTION


      On motion of Senator Sutherland, the rules were suspended, House Bill No. 2750 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2750.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2750 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, 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 - 48.

      Excused: Senator Anderson - 1.

      HOUSE BILL NO. 2750, 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. 2492, by Representatives Dellwo and Dyer (by request of Department of Social and Health Services)

 

Modifying federal requirements regarding medical assistance.


      The bill was read the second time.


MOTION


      On motion of Senator Talmadge, the rules were suspended, House Bill No. 2492 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Deccio: "Senator Talmadge, there was some concern in the caucus regarding this bill and I want to ask a couple of questions for the record. The first one is, this bill does not, in any way, nor do we intend the department to change the transfer of assets that are now in place?"

      Senator Talmadge: "My understanding, Senator Deccio, is that it would not, only to the extent that federal law requires us to do so. So, it would be a very narrow circumstance in which there might be a change, but it is mandated by federal law in all the states."

      Senator Deccio: "The other question was, how does this affect the surviving spouse in connection with this bill?"

      Senator Talmadge: "My understanding again is that it should not--it affects surviving spouses in the sense that the exemption for surviving spouses is removed by the legislation, but there is a protection that is set forth in federal law for the surviving spouse with respect to assets so that there would be protection given to the surviving spouse by virtue of the federal standard, rather than a state standard on this subject. That's the way I understand it, at least."

      Senator Deccio: "It isn't the intent of the Legislature that the department expands the language and interferes with that process other than what the federal government requires?"

      Senator Talmadge: "Exactly, only to the extent that federal law mandates that we do that if we want to receive federal monies for Medicare and Medicaid programs."

      Senator Deccio: "Thank you."

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2492.


ROLL CALL


      The Secretary called the roll on the final passage of House Bill No. 2492 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.

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

      Voting nay: Senators Amondson, Cantu, Erwin, Hochstatter, McCaslin, Morton and Sellar - 7.

      Excused: Senator Anderson - 1.

      HOUSE BILL NO. 2492, 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. 2164, by House Committee on Human Services (originally sponsored by Representatives Sommers, Ogden, H. Myers and Leonard) (by request of Legislative Budget Committee)

 

Repealing the permanent establishment of residential habilitation centers.


      The bill was read the second time.


MOTION


      On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2164 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. 2164.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2164 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Franklin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Loveland, Ludwig, McAuliffe, McDonald, Moore, Nelson, Niemi, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Schow, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Vognild, West, Williams, Winsley and Wojahn - 39.

      Voting nay: Senators Erwin, McCaslin, Morton, Moyer, Newhouse, Prince, Roach, Sellar and Talmadge - 9.

      Excused: Senator Anderson - 1.

      SUBSTITUTE HOUSE BILL NO. 2164, 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. 2488, by House Committee on Judiciary (originally sponsored by Representatives Appelwick, Forner and Karahalios) (by request of Department of Social and Health Services)

 

Providing for child support enforcement operations.


      The bill was read the second time.


MOTIONS


      Senator Adam Smith moved that the following Committee on Law and Justice amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 26.09.105 and 1989 c 416 s 1 are each amended to read as follows:

       (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage except as provided in subsection (2) of this section, for any child named in the order if:

       (a) Coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related; and

       (b) The cost of such coverage does not exceed twenty-five percent of the obligated parent's basic child support obligation.

       (2) The court shall consider the best interests of the child and have discretion to order health insurance coverage when entering or modifying a support order under this chapter if the cost of such coverage exceeds twenty-five percent of the obligated parent's basic support obligation.

       (3) The parents shall maintain such coverage required under this section until:

       (a) Further order of the court;

       (b) The child is emancipated, if there is no express language to the contrary in the order; or

       (c) Health insurance is no longer available through the parents' employer or union and no conversion privileges exist to continue coverage following termination of employment.

       (4) A parent who is required to extend health insurance coverage to a child under this section is liable for any covered health care costs for which the parent receives direct payment from an insurer.

       (5) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health care costs, or insurance premiums which are in addition to and not inconsistent with this section.

       (6) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order((, or within twenty days of the date such coverage becomes available,)) to:

       (a) The physical custodian; or

       (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.

       (7) Every order requiring a parent to provide health care or insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.

       (8) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

       Sec. 2. RCW 26.09.120 and 1989 c 360 s 11 are each amended to read as follows:

       (1) The court shall order support payments, including spousal maintenance if child support is ordered, to be made to the Washington state support registry, or the person entitled to receive the payments under an ((alternate payment plan)) order approved by the court as provided in RCW 26.23.050.

       (2) Maintenance payments, when ordered in an action where there is no dependent child, may be ordered to be paid to the person entitled to receive the payments, or the clerk of the court as trustee for remittance to the persons entitled to receive the payments.

       (3) If support or maintenance payments are made to the clerk of court, the clerk:

       (a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and the names and addresses of the parties affected by the order;

       (b) May by local court rule accept only certified funds or cash as payment; and

       (c) Shall accept only certified funds or cash for five years in all cases after one check has been returned for nonsufficient funds or account closure.

       (4) The parties affected by the order shall inform the registry through which the payments are ordered to be paid of any change of address or of other conditions that may affect the administration of the order.

       Sec. 3. RCW 26.18.070 and 1993 c 426 s 6 are each amended to read as follows:

       (1) A petition or motion seeking a mandatory wage assignment in an action under RCW 26.18.040 may be filed by an obligee if the obligor is:

       (a) Subject to a support order allowing immediate income withholding; or

       (b) More than fifteen days past due in child support or spousal maintenance payments in an amount equal to or greater than the obligation payable for one month.

       (2) The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the wage assignment order, including:

       (a) That the obligor, stating his or her name and residence, is:

       (i) Subject to a support order allowing immediate income withholding; or

       (ii) More than fifteen days past due in child support or spousal maintenance payments in an amount equal to or greater than the obligation payable for one month;

       (b) A description of the terms of the order requiring payment of support or spousal maintenance, and the amount past due, if any;

       (c) The name and address of the obligor's employer;

       (d) That notice by personal service or any form of mail requiring a return receipt, has been provided to the obligor at least fifteen days prior to the obligee seeking a mandatory wage assignment, unless the order for support or maintenance states that the obligee may seek a mandatory wage assignment without notice to the obligor; and

       (e) In cases not filed by the state, whether the obligee has received public assistance from any source and, if the obligee has received public assistance, that the department of social and health services has been notified in writing of the pending action.

       (((2))) (3) If the court in which a mandatory wage assignment is sought does not already have a copy of the support or maintenance order in the court file, then the obligee shall attach a copy of the support or maintenance order to the petition or motion seeking the wage assignment.

       Sec. 4. RCW 26.18.100 and 1993 c 426 s 8 are each amended to read as follows:

       The wage assignment order shall be substantially in the following form:


IN THE SUPERIOR COURT OF THE

STATE OF WASHINGTON IN AND FOR THE

COUNTY OF . . . . . . . . .


. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . ,

       Obligee                                                                             No. . . . .

                            vs.

. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . ,                                                     WAGE ASSIGNMENT

       Obligor                                                                             ORDER

. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . ,

       Employer


THE STATE OF WASHINGTON TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                           Employer


AND TO:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                            Obligor


       The above-named obligee claims that the above-named obligor is subject to a support order requiring immediate income withholding or is more than fifteen days past due in either child support or spousal maintenance payments, or both, in an amount equal to or greater than the child support or spousal maintenance payable for one month. The amount of the accrued child support or spousal maintenance debt as of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order (if applicable) is . . . . . . dollars per . . . . . ., and the amount of the current and continuing support or spousal maintenance obligation under the order is . . . . . . dollars per . . . . . .

       You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the Washington state support registry, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this wage assignment order upon you.

       If you possess any earnings or other remuneration for employment due and owing to the obligor, then you shall do as follows:

       (1) Withhold from the obligor's earnings or remuneration each month, or from each regular earnings disbursement, the lesser of:

       (a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance obligation;

       (b) The sum of the specified arrearage payment amount and the current support or spousal maintenance obligation; or

       (c) Fifty percent of the disposable earnings or remuneration of the obligor.

       (2) The total amount withheld above is subject to the wage assignment order, and all other sums may be disbursed to the obligor.

       (3) Upon receipt of this wage assignment order you shall make immediate deductions from the obligor's earnings or remuneration and remit to the Washington state support registry or other address specified below the proper amounts at each regular pay interval.

       You shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

       (a) The court that the wage assignment has been modified or terminated; or

       (b) The ((Washington state support registry, office of support enforcement)) addressee specified in the wage assignment order under this section that the accrued child support or spousal maintenance debt has been paid((; or

       (c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2))).

       You shall promptly notify the court and the ((Washington state support registry)) addressee specified in the wage assignment order under this section if and when the employee is no longer employed by you, or if the obligor no longer receives earnings or remuneration from you. If you no longer employ the employee, the wage assignment order shall remain in effect for one year after the employee has left your employment or you are no longer in possession of any earnings or remuneration owed to the employee, whichever is later. You shall continue to hold the wage assignment order during that period. If the employee returns to your employment during the one-year period you shall immediately begin to withhold the employee's earnings according to the terms of the wage assignment order. If the employee has not returned to your employment within one year, the wage assignment will cease to have effect at the expiration of the one-year period, unless you still owe the employee earnings or other remuneration.

       You shall deliver the withheld earnings or remuneration to the Washington state support registry or other address stated below at each regular pay interval.

       You shall deliver a copy of this order to the obligor as soon as is reasonably possible. This wage assignment order has priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support or spousal maintenance, or order to withhold or deliver under chapter 74.20A RCW.

 

WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR OBLIGOR'S CLAIMED SUPPORT OR SPOUSAL MAINTENANCE DEBT TO THE OBLIGEE OR SUBJECT TO CONTEMPT OF COURT.


       NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE WAGE ASSIGNMENT ORDER.


       DATED THIS . . . . day of . . . ., 19. . .


. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Obligee,                                                                                                                                                                                                   Judge/Court Commissioner

or obligee's attorney

Send withheld payments to:                                  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

                                                                                                                   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

       Sec. 5. RCW 26.18.110 and 1993 c 426 s 9 are each amended to read as follows:

       (1) An employer upon whom service of a wage assignment order has been made shall answer the order by sworn affidavit within twenty days after the date of service. The answer shall state whether the obligor is employed by or receives earnings or other remuneration from the employer, whether the employer will honor the wage assignment order, and whether there are either multiple child support or spousal maintenance attachments, or both, against the obligor.

       (2) If the employer possesses any earnings or remuneration due and owing to the obligor, the earnings subject to the wage assignment order shall be withheld immediately upon receipt of the wage assignment order. The withheld earnings shall be delivered to the Washington state support registry or, if the wage assignment order is to satisfy a duty of spousal maintenance, to the addressee specified in the assignment at each regular pay interval.

       (3) The employer shall continue to withhold the ordered amounts from nonexempt earnings or remuneration of the obligor until notified by:

       (a) The court that the wage assignment has been modified or terminated; or

       (b) The Washington state support registry or obligee that the accrued child support or spousal maintenance debt has been paid, provided the wage assignment order contains the language set forth under RCW 26.18.100(3)(b). The employer shall promptly notify the ((Washington state support registry)) addressee specified in the assignment when the employee is no longer employed. If the employer no longer employs the employee, the wage assignment order shall remain in effect for one year after the employee has left the employment or the employer has been in possession of any earnings or remuneration owed to the employee, whichever is later. The employer shall continue to hold the wage assignment order during that period. If the employee returns to the employer's employment during the one-year period the employer shall immediately begin to withhold the employee's earnings or remuneration according to the terms of the wage assignment order. If the employee has not returned within one year, the wage assignment shall cease to have effect at the expiration of the one-year period, unless the employer continues to owe remuneration for employment to the obligor((; or

       (c) The court that has entered an order delaying, modifying, or terminating the wage assignment order and has approved an alternate payment plan as provided in RCW 26.23.050(2))).

       (4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the clerk.

       (5) An order for wage assignment for support for a dependent child entered under this chapter shall have priority over any other wage assignment or garnishment, except for another wage assignment or garnishment for child support, or order to withhold and deliver under chapter 74.20A RCW. An order for wage assignment for spousal maintenance entered under this chapter shall have priority over any other wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under chapter 74.20A RCW for support of a dependent child, and except for another wage assignment or garnishment for spousal maintenance.

       (6) An employer who fails to withhold earnings as required by a wage assignment issued under this chapter may be held liable to the obligee for one hundred percent of the support or spousal maintenance debt, or the amount of support or spousal maintenance moneys that should have been withheld from the employee's earnings whichever is the lesser amount, if the employer:

       (a) Fails or refuses, after being served with a wage assignment order, to deduct and promptly remit from the unpaid earnings the amounts of money required in the order;

       (b) Fails or refuses to submit an answer to the notice of wage assignment after being served; or

       (c) Is unwilling to comply with the other requirements of this section.

       Liability may be established in superior court. Awards in superior court shall include costs, interest under RCW 19.52.020 and 4.56.110, and reasonable attorneys' fees.

       (7) No employer who complies with a wage assignment issued under this chapter may be liable to the employee for wrongful withholding.

       (8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment issued and executed under this chapter. If an employer discharges, disciplines, or refuses to hire an employee in violation of this section, the employee or person shall have a cause of action against the employer. The employer shall be liable for double the amount of damages suffered as a result of the violation and for costs and reasonable attorneys' fees, and shall be subject to a civil penalty of not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or reinstate the aggrieved individual.

       (9) For wage assignments payable to the Washington state support registry, an employer may combine amounts withheld from various employees into a single payment to the Washington state support registry, if the payment includes a listing of the amounts attributable to each employee and other information as required by the registry.

       (10) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.

       Sec. 6. RCW 26.18.140 and 1993 c 426 s 11 are each amended to read as follows:

       (1) Except as provided in subsection (2) of this section, in a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing that the wage assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the wage assignment order. If a wage assignment order has been in operation for twelve consecutive months and the obligor's support or spousal maintenance obligation is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the wage assignment order should remain in effect.

       (2) The court may enter an order delaying, modifying, or terminating the wage assignment order and order the obligor to make payments directly to the obligee ((if the court approves an alternate payment plan)) as provided in RCW 26.23.050(2).

       Sec. 7. RCW 26.18.170 and 1993 c 426 s 14 are each amended to read as follows:

       (1) Whenever an obligor parent who has been ordered to provide health insurance coverage for a dependent child fails to provide such coverage or lets it lapse, the department or the obligee may seek enforcement of the coverage order as provided under this section.

       (2)(a) If the obligor parent's order to provide health insurance coverage contains language notifying the obligor that failure to provide such coverage or proof that such coverage is unavailable may result in direct enforcement of the order and orders payments through, or has been submitted to, the Washington state support registry for enforcement, then the department may, without further notice to the obligor, send a notice of enrollment to the obligor's employer or union by certified mail, return receipt requested.

       The notice shall require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.

       (b) If the obligor parent's order to provide health insurance coverage does not order payments through, and has not been submitted to, the Washington state support registry for enforcement:

       (i) The obligee may, without further notice to the obligor send a certified copy of the order requiring health insurance coverage to the obligor's employer or union by certified mail, return receipt requested; and

       (ii) The obligee shall attach a notarized statement to the order declaring that the order is the latest order addressing coverage entered by the court and require the employer or union to enroll the child in the health insurance plan as provided in subsection (3) of this section.

       (3) Upon receipt of an order that provides for health insurance coverage, or a notice of enrollment:

       (a) The obligor's employer or union shall answer the party who sent the order or notice within thirty-five days and confirm that the child:

       (i) Has been enrolled in the health insurance plan;

       (ii) Will be enrolled in the next open enrollment period; or

       (iii) Cannot be covered, stating the reasons why such coverage cannot be provided;

       (b) The employer or union shall withhold any required premium from the obligor's income or wages;

       (c) If more than one plan is offered by the employer or union, and each plan may be extended to cover the child, then the child shall be enrolled in the obligor's plan. If the obligor's plan does not provide coverage which is accessible to the child, the child shall be enrolled in the least expensive plan otherwise available to the obligor parent;

       (d) The employer or union shall provide information about the name of the health insurance coverage provider or insurer and the extent of coverage available to the obligee or the department and shall make available any necessary claim forms or enrollment membership cards.

       (4) If the order for coverage contains no language notifying the obligor that failure to provide health insurance coverage or proof that such coverage is unavailable may result in direct enforcement of the order, the department or the obligee may serve a written notice of intent to enforce the order on the obligor by certified mail, return receipt requested, or by personal service. If the obligor fails to provide written proof that such coverage has been obtained or applied for or fails to provide proof that such coverage is unavailable within twenty days of service of the notice, ((or within twenty days of coverage becoming available)) the department or the obligee may proceed to enforce the order directly as provided in subsection (2) of this section.

       (5) If the obligor ordered to provide health insurance coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations when accessible coverage is otherwise available, the department or the obligee may serve a written notice of intent to purchase health insurance coverage on the obligor by certified mail, return receipt requested. The notice shall also specify the type and cost of coverage.

       (6) If the department serves a notice under subsection (5) of this section the obligor shall, within twenty days of the date of service:

       (a) File an application for an adjudicative proceeding; or

       (b) Provide written proof to the department that the obligor has either applied for, or obtained, coverage accessible to the child.

       (7) If the obligee serves a notice under subsection (5) of this section, within twenty days of the date of service the obligor shall provide written proof to the obligee that the obligor has either applied for, or obtained, coverage accessible to the child.

       (8) If the obligor fails to respond to a notice served under subsection (5) of this section to the party who served the notice, the party who served the notice may purchase the health insurance coverage specified in the notice directly. The amount of the monthly premium shall be added to the support debt and be collectible without further notice. The amount of the monthly premium may be collected or accrued until the obligor provides proof of the required coverage.

       (9) The signature of the obligee or of a department employee shall be a valid authorization to the coverage provider or insurer for purposes of processing a payment to the child's health services provider. An order for health insurance coverage shall operate as an assignment of all benefit rights to the obligee or to the child's health services provider, and in any claim against the coverage provider or insurer, the obligee or the obligee's assignee shall be subrogated to the rights of the obligor. Notwithstanding the provisions of this section regarding assignment of benefits, this section shall not require a health care service contractor authorized under chapter 48.44 RCW or a health maintenance organization authorized under chapter 48.46 RCW to deviate from their contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the employer shall mail a notice of termination to the department or the obligee at the obligee's last known address within thirty days of the termination date.

       (10) This section shall not be construed to limit the right of the obligor or the obligee to bring an action in superior court at any time to enforce, modify, or clarify the original support order.

       (11) Nothing in this section shall be construed to require a health maintenance organization, or health care service contractor, to extend coverage to a child who resides outside its service area.

       (12) If an obligor fails to pay his or her portion of any deductible required under the health insurance coverage or fails to pay his or her portion of medical expenses incurred in excess of the coverage provided under the plan, the department or the obligee may enforce collection of the obligor's portion of the deductible or the additional medical expenses through a wage assignment order. The amount of the deductible or additional medical expenses shall be added to the support debt and be collectible without further notice if the obligor's share of the amount of the deductible or additional expenses is reduced to a sum certain in a court order.

       Sec. 8. RCW 26.23.045 and 1989 c 360 s 33 are each amended to read as follows:

       (1) The office of support enforcement, Washington state support registry, shall provide support enforcement services under the following circumstances:

       (a) Whenever public assistance under RCW 74.20.330 is paid;

       (b) Whenever a request for nonassistance support enforcement services under RCW 74.20.040(2) is received;

       (c) Whenever a request for support enforcement services under RCW 74.20.040(3) is received;

       (d) When a support order which contains language directing a responsible parent to make support payments to the Washington state support registry under RCW 26.23.050 is submitted;

       (e) When a support order is forwarded to the Washington state support registry by the clerk of a superior court under RCW 26.23.050(5);

       (f) When the obligor submits a support order or support payment to the Washington state support registry.

       (2) The office of support enforcement shall continue to provide support enforcement services for so long as and under such conditions as the department shall establish by regulation or until the superior court enters an order ((approving an alternate payment plan)) removing the requirement that the obligor make support payments to the Washington state support registry as provided for in RCW 26.23.050(((1)))(2).

       Sec. 9. RCW 26.23.050 and 1993 c 207 s 1 are each amended to read as follows:

       (1) ((Except as provided in subsection (2) of this section, the superior court shall include in all superior court orders which establish or modify a support obligation:

       (a) A provision which orders and directs that the responsible parent make all support payments to the Washington state support registry;

       (b) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 RCW or chapter 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

       (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

       (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

       (c) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

       (2) The court may order the responsible parent to make payments directly to the person entitled to receive the payments or, for orders entered on or after July 1, 1990, direct that the issuance of a notice of payroll deduction or other income withholding actions be delayed until a support payment is past due if the court approves an alternate payment plan. The parties to the order must agree to such a plan and the plan must contain reasonable assurances that payments will be made in a regular and timely manner. The court may approve such a plan and modify or terminate the payroll deduction or other income withholding action at the time of entry of the order or at a later date upon motion and agreement of the parties. If the order directs payment to the person entitled to receive the payments instead of to the Washington state support registry, the order shall include a statement that the order may be submitted to the registry if a support payment is past due. If the order directs delayed issuance of the notice of payroll deduction or other income withholding action, the order shall include a statement that such action may be taken, without further notice, at any time after a support payment is past due. The provisions of this subsection do not apply if the department is providing public assistance under Title 74 RCW.)) If the office of support enforcement is providing support enforcement services under RCW 26.23.045, or if a party is applying for support enforcement services by signing the application form on the bottom of the support order, the superior court shall include in all court orders that establish or modify a support obligation:

       (a) A provision that orders and directs the responsible parent to make all support payments to the Washington state support registry;

       (b) A statement that a notice of payroll deduction may be issued, or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

       (i) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

       (ii) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

       (c) A statement that the receiving parent might be required to submit an accounting of how the support is being spent to benefit the child.

       As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate wage withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.

       (2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments, to the Washington state support registry, or may order that payments be made in accordance with an alternate arrangement agreed upon by the parties.

       (a) The superior court shall include in all orders under this subsection that establish or modify a support obligation:

       (i) A statement that a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of the court order, unless:

       (A) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding and that withholding should be delayed until a payment is past due; or

       (B) The parties reach a written agreement that is approved by the court that provides for an alternate arrangement; and

       (ii) A statement that the receiving parent may be required to submit an accounting of how the support is being spent to benefit the child.

       As used in this subsection, "good cause not to require immediate income withholding" is any reason that the court finds appropriate.

       (b) The superior court may order immediate or delayed income withholding as follows:

       (i) Immediate income withholding may be ordered if the responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry. The superior court shall issue a mandatory wage assignment order as set forth in chapter 26.18 RCW when the support order is signed by the court. The parent entitled to receive the transfer payment is responsible for serving the employer with the order and for its enforcement as set forth in chapter 26.18 RCW.

       (ii) If immediate income withholding is not ordered, the court shall require that income withholding be delayed until a payment is past due. The support order shall contain a statement that a notice of payroll deduction may be issued, or other income-withholding action under chapter 26.18 or 74.20A RCW may be taken, without further notice to the responsible parent, after a payment is past due.

       (c) If a mandatory wage withholding order under chapter 26.18 RCW is issued under this subsection and the office of support enforcement provides support enforcement services under RCW 26.23.045, the existing wage withholding assignment is prospectively superseded upon the office of support enforcement's subsequent service of an income withholding notice.

       (3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall also state that a notice of payroll deduction may be issued, or other income withholding action taken without further notice to the responsible parent at any time after entry of the order, unless:

       (a) One of the parties demonstrates, and the presiding officer finds, that there is good cause not to require immediate income withholding; or

       (b) The parties reach a written agreement that is approved by the presiding officer that provides for an alternate agreement.

       (4) If the support order does not include the provision ordering and directing that all payments be made to the Washington state support registry and a statement that a notice of payroll deduction may be issued if a support payment is past due or at any time after the entry of the order, the office of support enforcement may serve a notice on the responsible parent stating such requirements and authorizations. Service may be by personal service or any form of mail requiring a return receipt.

       (5) Every support order shall state:

       (a) ((That payment shall be made to the Washington state support registry or in accordance with the alternate payment plan approved by the court)) The address where the support payment is to be sent;

       (b) That a notice of payroll deduction may be issued or other income withholding action under chapter 26.18 ((RCW)) or ((chapter)) 74.20A RCW may be taken, without further notice to the responsible parent at any time after entry of an order by the court, unless:

       (i) ((The court approves an alternate payment plan under subsection (2) of this section;

       (ii))) One of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding; or

       (((iii))) (ii) The parties reach ((an alternate)) a written agreement that is approved by the court that provides for an alternate arrangement;

       (c) The income of the parties, if known, or that their income is unknown and the income upon which the support award is based;

       (d) The support award as a sum certain amount;

       (e) The specific day or date on which the support payment is due;

       (f) The social security number, residence address, and name and address of the employer of the responsible parent;

       (g) The social security number and residence address of the physical custodian except as provided in subsection (6) of this section;

       (h) The names, dates of birth, and social security numbers, if any, of the dependent children;

       (i) In cases requiring payment to the Washington state support registry, that the parties are to notify the Washington state support registry of any change in residence address. The responsible parent shall notify the registry of the name and address of his or her current employer, whether he or she has access to health insurance coverage at reasonable cost and, if so, the health insurance policy information;

       (j) That any parent owing a duty of child support shall be obligated to provide health insurance coverage for his or her child if coverage that can be extended to cover the child is or becomes available to that parent through employment or is union-related as provided under RCW 26.09.105;

       (k) That if proof of health insurance coverage or proof that the coverage is unavailable is not provided within twenty days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union without further notice to the obligor as provided under chapter 26.18 RCW; and

       (l) The reasons for not ordering health insurance coverage if the order fails to require such coverage.

       (6) The physical custodian's address:

       (a) Shall be omitted from an order entered under the administrative procedure act. When the physical custodian's address is omitted from an order, the order shall state that the custodian's address is known to the office of support enforcement.

       (b) A responsible parent ((whose support obligation has been determined by such administrative order)) may request the physical custodian's residence address by submission of a request for disclosure under RCW 26.23.120 to the office of support enforcement.

       (7) The superior court clerk, the office of administrative hearings, and the department of social and health services shall, within five days of entry, forward to the Washington state support registry, a true and correct copy of all superior court orders or administrative orders establishing or modifying a support obligation which provide that support payments shall be made to the support registry. If a superior court order entered prior to January 1, 1988, directs the responsible parent to make support payments to the clerk, the clerk shall send a true and correct copy of the support order and the payment record to the registry for enforcement action when the clerk identifies that a payment is more than fifteen days past due. The office of support enforcement shall reimburse the clerk for the reasonable costs of copying and sending copies of court orders to the registry at the reimbursement rate provided in Title IV-D of the social security act.

       (8) Receipt of a support order by the registry or other action under this section on behalf of a person or persons who have not made a written application for support enforcement services to the office of support enforcement and who are not recipients of public assistance is deemed to be a request for ((support enforcement)) payment services ((under RCW 74.20.040 to the fullest extent permitted under federal law)) only.

       (9) After the responsible parent has been ordered or notified to make payments to the Washington state support registry ((in accordance with subsection (1), (3), or (4) of)) under this section, the responsible parent shall be fully responsible for making all payments to the Washington state support registry and shall be subject to payroll deduction or other income withholding action. The responsible parent shall not be entitled to credit against a support obligation for any payments made to a person or agency other than to the Washington state support registry except as provided under RCW 74.20.101. A civil action may be brought by the payor to recover payments made to persons or agencies who have received and retained support moneys paid contrary to the provisions of this section.

       (((10) As used in this section, "good cause not to require immediate income withholding" means a written determination of why implementing immediate income withholding would not be in the child's best interests and, in modification cases, proof of timely payment of previously ordered support.))

       Sec. 10. RCW 26.23.060 and 1991 c 367 s 40 are each amended to read as follows:

       (1) The office of support enforcement may issue a notice of payroll deduction:

       (a) As authorized by a support order that contains the income withholding notice provisions in RCW 26.23.050 or a substantially similar notice; or

       (b) After service of a notice containing an income withholding provision under this chapter or chapter 74.20A RCW.

       (2) The office of support enforcement shall serve a notice of payroll deduction upon a responsible parent's employer or upon the employment security department for the state in possession of or owing any benefits from the unemployment compensation fund to the responsible parent pursuant to Title 50 RCW by personal service or by any form of mail requiring a return receipt.

       (3) Service of a notice of payroll deduction upon an employer or employment security department requires the employer or employment security department to immediately make a mandatory payroll deduction from the responsible parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security department shall thereafter deduct each pay period the amount stated in the notice divided by the number of pay periods per month. The payroll deduction each pay period shall not exceed fifty percent of the responsible parent's disposable earnings.

       (4) A notice of payroll deduction for support shall have priority over any wage assignment, garnishment, attachment, or other legal process.

       (5) The notice of payroll deduction shall be in writing and include:

       (a) The name and social security number of the responsible parent;

       (b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts and frequencies as may be necessary to facilitate processing of the payroll deduction;

       (c) A statement that the total amount withheld shall not exceed fifty percent of the responsible parent's disposable earnings; and

       (d) The address to which the payments are to be mailed or delivered.

       (6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.

       (7) An employer or employment security department that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington state support registry on each date the responsible parent is due to be paid.

       (8) An employer, or the employment security department, upon whom a notice of payroll deduction is served, shall make an answer to the office of support enforcement within twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or explain the circumstances if no payroll deduction is in effect. The answer shall also state whether the responsible parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the employment security department, whether the employer or employment security department anticipates paying earnings or ((employment [unemployment])) unemployment compensation benefits and the amount of earnings. If the responsible parent is no longer employed, or receiving earnings from the employer, the answer shall state the present employer's name and address, if known. If the responsible parent is no longer receiving unemployment compensation benefits from the employment security department, the answer shall state the present employer's name and address, if known.

       (9) The employer or employment security department may deduct a processing fee from the remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may not exceed: (a) Ten dollars for the first disbursement made to the Washington state support registry; and (b) one dollar for each subsequent disbursement to the registry.

       (10) The notice of payroll deduction shall remain in effect until released by the office of support enforcement, the court enters an order terminating the notice and approving an alternate ((payment plan)) arrangement under RCW 26.23.050(2), or one year has expired since the employer has employed the responsible parent or has been in possession of or owing any earnings to the responsible parent or the employment security department has been in possession of or owing any unemployment compensation benefits to the responsible parent.

       Sec. 11. RCW 26.23.100 and 1991 c 367 s 42 are each amended to read as follows:

       (1) The responsible parent subject to a payroll deduction pursuant to this chapter, may file a motion in superior court to quash, modify, or terminate the payroll deduction.

       (2) Except as provided in subsections (4) and (5) of this section, the court may grant relief only upon a showing: (a) That the payroll deduction causes extreme hardship or substantial injustice; or (b) that the support payment was not past due under the terms of the order when the notice of payroll deduction was served on the employer.

       (3) Satisfaction by the obligor of all past due payments subsequent to the issuance of the notice of payroll deduction is not grounds to quash, modify, or terminate the notice of payroll deduction.

       (4) If a notice of payroll deduction has been in operation for twelve consecutive months and the obligor's support obligation is current, upon motion of the obligor, the court may order the office of support enforcement to terminate the payroll deduction, unless the obligee can show good cause as to why the payroll deduction should remain in effect.

       (5) Subsection (2) of this section shall not prevent the court from ordering an alternative ((payment plan)) arrangement as provided under RCW 26.23.050(2).

       Sec. 12. RCW 26.23.120 and 1989 c 360 s 17 and 1989 c 175 s 78 are each reenacted and amended to read as follows:

       (1) Any information or records concerning individuals who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the office of support enforcement, or under chapter 74.20 RCW shall be private and confidential and shall only be subject to public disclosure as provided in subsection (2) of this section.

       (2) The secretary of the department of social and health services shall adopt rules which specify the individuals or agencies to whom this information and these records may be disclosed, the purposes for which the information may be disclosed, and the procedures to obtain the information or records. The rules adopted under this section shall provide for disclosure of the information and records, under appropriate circumstances, which shall include, but not be limited to:

       (a) When authorized or required by federal statute or regulation governing the support enforcement program;

       (b) To the person the subject of the records or information, unless the information is exempt from disclosure under RCW 42.17.310;

       (c) To government agencies, whether state, local, or federal, and including federally recognized tribes, law enforcement agencies, prosecuting agencies, and the executive branch, if the ((records or information are needed)) disclosure is necessary for child support enforcement purposes;

       (d) To the parties in a judicial or adjudicative proceeding upon a specific written finding by the presiding officer that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records;

       (e) To private persons, federally recognized tribes, or organizations if the disclosure is necessary to permit private contracting parties to assist in the management and operation of the department;

       (f) Disclosure of address and employment information to the parties to ((a court order for support)) an action for purposes relating to ((the establishment, enforcement, or modification of the)) a child support order;

       (g) Disclosure of information or records when necessary to the efficient administration of the support enforcement program or to the performance of functions and responsibilities of the support registry and the office of support enforcement as set forth in state and federal statutes; or

       (h) Disclosure of the information or records when authorized under RCW 74.04.060.

       (3) Prior to disclosing the physical custodian's address under subsection (((1))) (2)(f) of this section, a notice shall be mailed, if appropriate under the circumstances, to the physical custodian at the physical custodian's last known address. The notice shall advise the physical custodian that a request for disclosure has been made and will be complied with unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the physical custodian or the child, or the custodial parent requests a hearing to contest the disclosure. The administrative law judge shall determine whether the address of the custodial parent should be disclosed based on the same standard as a claim of "good cause" as defined in 42 U.S.C. Sec. 602 (a)(26)(c).

       (4) Nothing in this section shall be construed as limiting or restricting the effect of RCW 42.17.260(((5)))(6). Nothing in this section shall be construed to prevent the disclosure of information and records if all details identifying an individual are deleted or the individual consents to the disclosure.

       (5) It shall be unlawful for any person or agency in violation of this section to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists of names for commercial or political purposes or the use of any information for purposes other than those purposes specified in this section. A violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW.

       NEW SECTION. Sec. 13. A new section is added to chapter 26.26 RCW to read as follows:

       In any action brought under this chapter, if the requirements of civil rule 55 are met, the superior court shall enter an order of default.

       Sec. 14. RCW 26.26.040 and 1990 c 175 s 2 are each amended to read as follows:

       (1) A man is presumed to be the natural father of a child for all intents and purposes if:

       (a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court; or

       (b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born within three hundred days after the termination of cohabitation;

       (c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

       (i) He has acknowledged his paternity of the child in writing filed with the registrar of vital statistics,

       (ii) With his consent, he is named as the child's father on the child's birth certificate, or

       (iii) He is obligated to support the child under a written voluntary promise or by court order;

       (d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child;

       (e) He acknowledges his paternity of the child pursuant to RCW 70.58.080 or in a writing filed with the state office of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, if she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the registrar of vital statistics. In order to enforce rights of residential time, custody, and visitation, a man presumed to be the father as a result of filing a written acknowledgement must seek appropriate judicial orders under this title; ((or))

       (f) The United States immigration and naturalization service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

       (g) Genetic testing indicates a ninety-eight percent or greater probability of paternity.

       (2) A presumption under this section may be rebutted in an appropriate action only by clear, cogent, and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

       Sec. 15. RCW 26.26.100 and 1984 c 260 s 32 are each amended to read as follows:

       (1) The court may, and upon request of a party shall, require the child, mother, and any alleged father who has been made a party to submit to blood tests or genetic tests of blood, tissues, or other bodily fluids. If an alleged father objects to a proposed order requiring him to submit to paternity blood or genetic tests, the court may require the party making the allegation of possible paternity to provide sworn testimony, by affidavit or otherwise, stating the facts upon which the allegation is based. The court shall order blood or genetic tests if it appears that a reasonable possibility exists that the requisite sexual contact occurred. The tests shall be performed by an expert in paternity blood or genetic testing appointed by the court. The expert's verified report identifying the blood or genetic characteristics observed is admissible in evidence in any hearing or trial in the parentage action, if (a) the alleged or presumed father has had the opportunity to gain information about the security, validity, and interpretation of the tests and the qualifications of any experts, and (b) the report is accompanied by an affidavit from the expert which describes the expert's qualifications as an expert and analyzes and interprets the results. Verified documentation of the chain of custody of the blood or genetic samples tested is admissible to establish the chain of custody. The court may consider published sources as aids to interpretation of the test results.

       (2)(a) Any objection to genetic testing results must be made in writing and served upon the opposing party, within twenty days before any hearing at which such results may be introduced into evidence.

       (b) If an objection is not made as provided in this subsection, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.

       (3) The court, upon request by a party, shall order that additional blood or genetic tests be performed by the same or other experts qualified in paternity blood or genetic testing, if the party requesting additional tests advances the full costs of the additional testing within a reasonable time. The court may order additional testing without requiring that the requesting party advance the costs only if another party agrees to advance the costs or if the court finds, after hearing, that (a) the requesting party is indigent, and (b) the laboratory performing the initial tests recommends additional testing or there is substantial evidence to support a finding as to paternity contrary to the initial blood or genetic test results. The court may later order any other party to reimburse the party who advanced the costs of additional testing for all or a portion of the costs.

       (((3))) (4) In all cases, the court shall determine the number and qualifications of the experts.

       Sec. 16. RCW 26.26.150 and 1987 c 435 s 28 are each amended to read as follows:

       (1) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the state of Washington, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

       (2) The court shall order support payments to be made to the Washington state support registry, or the person entitled to receive the payments under an alternate ((payment plan)) arrangement approved by the court as provided in RCW 26.23.050(2).

       (3) All remedies for the enforcement of judgments apply.

       Sec. 17. RCW 26.26.165 and 1989 c 416 s 4 are each amended to read as follows:

       (1) In entering or modifying a support order under this chapter, the court shall require either or both parents to maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105.

       (2) This section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses, health costs, or insurance premiums which are in addition to and not inconsistent with this section. "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

       (3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable within twenty days of the entry of the order((, or within twenty days of the date such coverage becomes available,)) to:

       (a) The physical custodian; or

       (b) The department of social and health services if the parent has been notified or ordered to make support payments to the Washington state support registry.

       (4) Every order requiring a parent to provide health insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW.

       NEW SECTION. Sec. 18. A new section is added to chapter 74.20 RCW to read as follows:

       When the department appears or participates in an adjudicative proceeding under chapter 26.23 or 74.20A RCW it shall:

       (1) Act in furtherance of the state's financial interest in the matter;

       (2) Act in the best interests of the children of the state;

       (3) Facilitate the resolution of the controversy; and

       (4) Make independent recommendations to ensure the integrity and proper application of the law and process.

       In the proceedings the department does not act on behalf or as an agent or representative of an individual.

       Sec. 19. RCW 74.20A.056 and 1989 c 55 s 3 are each amended to read as follows:

       (1) If an alleged father has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics, the office of support enforcement may serve a notice and finding of parental responsibility on him. Service of the notice shall be in the same manner as a summons in a civil action or by certified mail, return receipt requested. The notice shall have attached to it a copy of the affidavit or certification of birth record information advising of the existence of a filed affidavit, provided by the center for health statistics, and shall state that:

       (a) The alleged father may file an application for an adjudicative proceeding at which he will be required to appear and show cause why the amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;

       (b) An alleged father may request that a blood test be administered to determine whether such test would exclude him from being a natural parent and, if not excluded, may subsequently request that the office of support enforcement initiate an action in superior court to determine the existence of the parent-child relationship; and

       (c) If the alleged father does not request that a blood test be administered or file an application for an adjudicative proceeding, the amount of support stated in the notice and finding of parental responsibility shall become final, subject only to a subsequent determination under RCW 26.26.060 that the parent-child relationship does not exist.

       (2) An alleged father who objects to the amount of support requested in the notice may file an application for an adjudicative proceeding up to twenty days after the date the notice was served. An application for an adjudicative proceeding may be filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing of good cause thereafter. An adjudicative proceeding under this section shall be pursuant to RCW 74.20A.055. The only issues shall be the amount of the accrued debt, the amount of the current and future support obligation, and the reimbursement of the costs of blood tests if advanced by the department.

       (3) If the application for an adjudicative proceeding is filed within twenty days of service of the notice, collection action shall be stayed pending a final decision by the department. If no application is filed within twenty days:

       (a) The amounts in the notice shall become final and the debt created therein shall be subject to collection action; and

       (b) Any amounts so collected shall neither be refunded nor returned if the ((parent)) alleged father is later found not to be ((the father)) a responsible parent.

       (4) An alleged father who denies being a responsible parent may request that a blood test be administered at any time. The request for testing shall be in writing and served on the office of support enforcement personally or by registered or certified mail. If a request for testing is made, the department shall arrange for the test and, pursuant to rules adopted by the department, may advance the cost of such testing. The department shall mail a copy of the test results by certified mail, return receipt requested, to the alleged father's last known address.

       (5) If the test excludes the alleged father from being a natural parent, the office of support enforcement shall file a copy of the results with the state office of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue. The state office of vital statistics shall remove the alleged father's name from the birth certificate.

       (6) The alleged father may, within twenty days after the date of receipt of the test results, request the office of support enforcement to initiate an action under RCW 26.26.060 to determine the existence of the parent-child relationship. If the office of support enforcement initiates a superior court action at the request of the alleged father and the decision of the court is that the alleged father is a natural parent, the alleged father shall be liable for court costs incurred.

       (7) If the alleged father does not request the office of support enforcement to initiate a superior court action, or if the alleged father fails to appear and cooperate with blood testing, the notice of parental responsibility shall become final for all intents and purposes and may be overturned only by a subsequent superior court order entered under RCW 26.26.060.

       Sec. 20. RCW 74.20A.080 and 1989 c 360 s 10 and 1989 c 175 s 154 are each reenacted and amended to read as follows:

       (1) The secretary may issue to any person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States, an order to withhold and deliver property of any kind, including but not restricted to earnings which are or might become due, owing, or belonging to the debtor, when the secretary has reason to believe that there is in the possession of such person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States property which is or might become due, owing, or belonging to said debtor. Such order to withhold and deliver may be issued:

       (a) When a support payment is past due, if a responsible parent's support order:

       (i) Contains language directing the parent to make support payments to the Washington state support registry; and

       (ii) Includes a statement that other income-withholding action under this chapter may be taken without further notice to the responsible parent, as provided for in RCW 26.23.050(1);

       (b) Twenty-one days after service of a notice of support debt under RCW 74.20A.040;

       (c) Twenty-one days after service of a notice and finding of parental responsibility under RCW 74.20A.056;

       (d) Twenty-one days after service of a notice of support owed under RCW 26.23.110;

       (e) Twenty-one days after service of a notice and finding of financial responsibility under RCW 74.20A.055; or

       (f) When appropriate under RCW 74.20A.270.

       (2) The order to withhold and deliver shall:

       (a) State the amount of the support debt accrued;

       (b) State in summary the terms of RCW 74.20A.090 and 74.20A.100;

       (c) Be served in the manner prescribed for the service of a summons in a civil action or by certified mail, return receipt requested.

       (3) Any person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States upon whom service has been made is hereby required to:

       (a) Answer said order to withhold and deliver within twenty days, exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of therein; and

       (b) Provide further and additional answers when requested by the secretary.

       (4) Any such person, firm, corporation, association, political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States in possession of any property which may be subject to the claim of the department of social and health services shall:

       (a)(i) Immediately withhold such property upon receipt of the order to withhold and deliver; and

       (ii) Deliver the property to the secretary as soon as the twenty-day answer period expires;

       (iii) Continue to withhold earnings payable to the debtor at each succeeding disbursement interval as provided for in RCW 74.20A.090, and deliver amounts withheld from earnings to the ((obligee within ten days of)) secretary on the date earnings are payable to the debtor;

       (iv) Inform the secretary of the date the amounts were withheld as requested under this section; or

       (b) Furnish to the secretary a good and sufficient bond, satisfactory to the secretary, conditioned upon final determination of liability.

       (5) An order to withhold and deliver served under this section shall not expire until:

       (a) Released in writing by the office of support enforcement;

       (b) Terminated by court order; or

       (c) The person or entity receiving the order to withhold and deliver does not possess property of or owe money to the debtor for any period of twelve consecutive months following the date of service of the order to withhold and deliver.

       (6) Where money is due and owing under any contract of employment, express or implied, or is held by any person, firm, corporation, or association, political subdivision, or department of the state, or agency, subdivision, or instrumentality of the United States subject to withdrawal by the debtor, such money shall be delivered by remittance payable to the order of the secretary.

       (((6))) (7) Delivery to the secretary of the money or other property held or claimed shall satisfy the requirement and serve as full acquittance of the order to withhold and deliver.

       (((7) The state warrants and represents that:

       (a) It shall defend and hold harmless for such actions persons delivering money or property to the secretary pursuant to this chapter; and

       (b) It shall defend and hold harmless for such actions persons withholding money or property pursuant to this chapter)) (8) A person, firm, corporation, or association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies with the order to withhold and deliver under this chapter is not civilly liable to the debtor for complying with the order to withhold and deliver under this chapter.

       (((8))) (9) The secretary may hold the money or property delivered under this section in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability.

       (((9))) (10) Exemptions contained in RCW 74.20A.090 apply to orders to withhold and deliver issued under this section.

       (((10))) (11) The secretary shall also, on or before the date of service of the order to withhold and deliver, mail or cause to be mailed by certified mail a copy of the order to withhold and deliver to the debtor at the debtor's last known post office address, or, in the alternative, a copy of the order to withhold and deliver shall be served on the debtor in the same manner as a summons in a civil action on or before the date of service of the order or within two days thereafter. The copy of the order shall be mailed or served together with a concise explanation of the right to petition for judicial review. This requirement is not jurisdictional, but, if the copy is not mailed or served as in this section provided, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion on motion of the debtor promptly made and supported by affidavit showing that the debtor has suffered substantial injury due to the failure to mail the copy, may set aside the order to withhold and deliver and award to the debtor an amount equal to the damages resulting from the secretary's failure to serve on or mail to the debtor the copy.

       (((11))) (12) An order to withhold and deliver issued in accordance with this section has priority over any other wage assignment ((or)), garnishment, attachment, or other legal process, except for another wage assignment, garnishment, attachment, or other legal process for child support.

       (((12))) (13) The office of support enforcement shall notify any person, firm, corporation, association, or political subdivision, ((or)) department of the state, or agency, subdivision, or instrumentality of the United States required to withhold and deliver the earnings of a debtor under this action that they may deduct a processing fee from the remainder of the debtor's earnings, even if the remainder would otherwise be exempt under RCW 74.20A.090. The processing fee shall not exceed ten dollars for the first disbursement to the department and one dollar for each subsequent disbursement under the order to withhold and deliver.

       Sec. 21. RCW 74.20A.240 and 1985 c 276 s 12 are each amended to read as follows:

       Any person, firm, corporation, association, political subdivision ((or)), department of the state, or agency, subdivision, or instrumentality of the United States employing a person owing a support debt or obligation, shall honor, according to its terms, a duly executed assignment of earnings presented by the secretary as a plan to satisfy or retire a support debt or obligation. This requirement to honor the assignment of earnings and the assignment of earnings itself shall be applicable whether said earnings are to be paid presently or in the future and shall continue in force and effect until released in writing by the secretary. Payment of moneys pursuant to an assignment of earnings presented by the secretary shall serve as full acquittance under any contract of employment((, and the state warrants and represents it shall defend and hold harmless such action taken pursuant to said assignment of earnings)). A person, firm, corporation, association, political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States that complies with the assignment of earnings under this chapter is not civilly liable to the debtor for complying with the assignment of earnings under this chapter. The secretary shall be released from liability for improper receipt of moneys under an assignment of earnings upon return of any moneys so received.

       An assignment of earnings presented by the secretary in accordance with this section has priority over any other wage assignment ((or)), garnishment, attachment, or other legal process except for another wage assignment ((or)), garnishment, attachment, or other legal process for support moneys.

       The employer may deduct a processing fee from the remainder of the debtor's earnings, even if the remainder would be exempt under RCW 74.20A.090. The processing fee shall not exceed ten dollars from the first disbursement to the department and one dollar for each subsequent disbursement under the assignment of earnings.

       Sec. 22. RCW 74.20A.300 and 1989 c 416 s 6 are each amended to read as follows:

       (1) Whenever a support order is entered or modified under this chapter, the department shall require the responsible parent to maintain or provide health insurance coverage for any dependent child as provided under RCW 26.09.105.

       (2) "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.

       (3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such coverage is unavailable to the department within twenty days of the entry of the order((, or within fifteen days of the date such coverage becomes available)).

       (4) Every order requiring a parent to provide health insurance coverage shall be entered in compliance with RCW 26.23.050 and be subject to direct enforcement as provided under chapter 26.18 RCW."


      On motion of Senator Rinehart, the following amendment to the Committee on Law and Justice striking amendment was adopted:

      On page 32, beginning on line 1, strike "by certified mail" and insert "((by certified mail))"

      The President declared the question before the Senate to be the adoption of the Committee on Law and Justice striking amendment, as amended, to Substitute House Bill No. 2488.

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


MOTIONS


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

      On page 1, line 1 of the title, after "operations;" strike the remainder of the title and insert "amending RCW 26.09.105, 26.09.120, 26.18.070, 26.18.100, 26.18.110, 26.18.140, 26.18.170, 26.23.045, 26.23.050, 26.23.060, 26.23.100, 26.26.040, 26.26.100, 26.26.150, 26.26.165, 74.20A.056, 74.20A.240, and 74.20A.300; reenacting and amending RCW 26.23.120 and 74.20A.080; adding a new section to chapter 26.26 RCW; adding a new section to chapter 74.20 RCW; and prescribing penalties."


      On motion of Senator Adam Smith, the rules were suspended, Substitute House Bill No. 2488, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2488, as amended by the Senate.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute House Bill No. 2488, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Amondson, 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 - 48.

      Excused: Senator Anderson - 1.

      SUBSTITUTE HOUSE BILL NO. 2488, 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.


MOTION


      At 6:16 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Wednesday, March 2, 1994.


JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate