NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

SIXTY-FIRST DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Friday, March 10, 1995

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 Ann Anderson, Cal Anderson, Moyer, Pelz and Roach. On motion of Senator Loveland, Senator Cal Anderson was excused. On motion of Senator Wood, Senators Ann Anderson, Moyer and Roach were excused.

The Sergeant at Arms Color Guard, consisting of Pages Megan Hanell and Heidi Raedel, presented the Colors. Reverend Phil Rue, pastor of the Gloria Dei Lutheran 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.

MESSAGE FROM THE GOVERNOR

March 7, 1995

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following reappointment, subject to your confirmation.

Hugh Spitzer, reappointed March 7, 1995, for a term ending July 5, 1997, as a member of the Puget Sound Water Quality Authority.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Ecology and Parks.

MESSAGES FROM THE HOUSE

March 8, 1995

MR. PRESIDENT:

The House has passed:

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1024,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1036,

SECOND SUBSTITUTE HOUSE BILL NO. 1044,

HOUSE BILL NO. 1052,

HOUSE BILL NO. 1058,

HOUSE BILL NO. 1060,

SUBSTITUTE HOUSE BILL NO. 1062,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1065,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1076,

SECOND SUBSTITUTE HOUSE BILL NO. 1078,

SUBSTITUTE HOUSE BILL NO. 1093,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1107,

SUBSTITUTE HOUSE BILL NO. 1133,

HOUSE BILL NO. 1157,

HOUSE BILL NO. 1189,

SECOND SUBSTITUTE HOUSE BILL NO. 1214,

HOUSE BILL NO. 1224,

HOUSE BILL NO. 1249,

SUBSTITUTE HOUSE BILL NO. 1287,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1389,

ENGROSSED HOUSE BILL NO. 1603,

ENGROSSED HOUSE BILL NO. 2033,

HOUSE JOINT MEMORIAL NO. 4008,

HOUSE JOINT MEMORIAL NO. 4009,

HOUSE JOINT MEMORIAL NO. 4010, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 8, 1995

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1203,

HOUSE BILL NO. 1351,

SUBSTITUTE HOUSE BILL NO. 1354,

SUBSTITUTE HOUSE BILL NO. 1404,

SUBSTITUTE HOUSE BILL NO. 1414,

HOUSE BILL NO. 1425,

SUBSTITUTE HOUSE BILL NO. 1427,

HOUSE BILL NO. 1445,

SUBSTITUTE HOUSE BILL NO. 1446,

SUBSTITUTE HOUSE BILL NO. 1491,

HOUSE BILL NO. 1501,

HOUSE BILL NO. 1534,

SUBSTITUTE HOUSE BILL NO. 1547,

HOUSE BILL NO. 1562,

SUBSTITUTE HOUSE BILL NO. 1634,

SUBSTITUTE HOUSE BILL NO. 1649,

SUBSTITUTE HOUSE BILL NO. 1658,

HOUSE BILL NO. 1662,

SUBSTITUTE HOUSE BILL NO. 1692,

HOUSE BILL NO. 1706,

SUBSTITUTE HOUSE BILL NO. 1750,

SUBSTITUTE HOUSE BILL NO. 1756,

ENGROSSED HOUSE BILL NO. 1835,

SUBSTITUTE HOUSE BILL NO. 1856,

SUBSTITUTE HOUSE BILL NO. 1865,

SUBSTITUTE HOUSE BILL NO. 1873,

SUBSTITUTE HOUSE BILL NO. 1929,

SUBSTITUTE HOUSE BILL NO. 1939, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 8, 1995

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1648,

SUBSTITUTE HOUSE BILL NO. 1654,

SUBSTITUTE HOUSE BILL NO. 1669,

SUBSTITUTE HOUSE BILL NO. 1677,

SUBSTITUTE HOUSE BILL NO. 1680,

SUBSTITUTE HOUSE BILL NO. 1722,

HOUSE BILL NO. 1725,

HOUSE BILL NO. 1790,

SUBSTITUTE HOUSE BILL NO. 1809,

SUBSTITUTE HOUSE BILL NO. 1853, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 8, 1995

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1082,

SUBSTITUTE HOUSE BILL NO. 1084,

HOUSE BILL NO. 1112,

SUBSTITUTE HOUSE BILL NO. 1259,

HOUSE BILL NO. 1295,

HOUSE BILL NO. 1296,

HOUSE BILL NO. 1297,

HOUSE BILL NO. 1343,

SUBSTITUTE HOUSE BILL NO. 1383,

HOUSE BILL NO. 1583,

HOUSE BILL NO. 1624,

SUBSTITUTE HOUSE BILL NO. 1857,

HOUSE BILL NO. 1893, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

E2SHB 1024 by House Committee on Finance (originally sponsored by Representatives Van Luven, Foreman, B. Thomas, Lisk, Horn, Chandler, Casada, Dyer, Ballasiotes, Silver, Cooke, Brumsickle, Carlson, Sehlin, Sherstad, Dellwo, Benton, Skinner, Kremen, Hargrove, Costa, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Mitchell, Conway, Quall, Ogden, Chappell, Regala, G. Fisher, Basich, Grant, Campbell, Smith, Robertson, Honeyford, Pelesky, Hankins, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens, Morris and Hymes)

Providing tax exemptions for manufacturing and processing.

Referred to Committee on Ways and Means.

E2SHB 1036 by House Committee on Appropriations (originally sponsored by Representatives Backlund, Brumsickle, Sherstad, Carlson, Dyer, Kremen, Horn, Schoesler, Buck, Johnson, Thompson, Radcliff, Hickel, Elliot, Pennington, Carrell, Robertson, Foreman, Van Luven, Koster, D. Schmidt, Mulliken, Fuhrman, Campbell, L. Thomas, Huff, Mielke, Talcott, Silver, McMahan and Casada)

Requiring a performance audit of the office of the superintendent of public instruction.

Referred to Committee on Ways and Means.

2SHB 1044 by House Committee on Appropriations (originally sponsored by Representatives Hickel, Delvin, Smith, Crouse, Padden, Dyer, Costa, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Cairnes, Mastin, Carrell, Chappell, Foreman, Fuhrman, Campbell, Morris and Casada)

Providing of payment of attorneys' fees, costs, and expenses in actions against governmental units.

Referred to Committee on Government Operations.

HB 1052 by Representatives Horn and Silver

Reviewing nonappropriated funds.

Referred to Committee on Ways and Means.

HB 1058 by Representatives Horn and Sheldon (by request of Liquor Control Board)

Affecting the repeal of liquor vendors' appeals as authorized by RCW 41.06.150.

Referred to Committee on Labor, Commerce and Trade.

HB 1060 by Representatives Lisk and Sheldon (by request of Liquor Control Board)

Improving the licensing sections of the Washington state liquor act.

Referred to Committee on Labor, Commerce and Trade.

SHB 1062 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Koster, Cooke, Costa, Schoesler, Morris, Boldt, Benton, Foreman, Sheldon, Kremen, Mastin, Lisk, Chandler and Carlson)

Using juvenile serious violent offenses as criminal history for adult sentencing.

Referred to Committee on Law and Justice.

ESHB 1065 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Lisk, Mastin, Schoesler, McMorris, Robertson, Chappell, Delvin, Honeyford, Koster, Clements, Boldt, Foreman and Kremen)

Providing that safety and health standards for agriculture shall be those in effect on January 1, 1993.

Referred to Committee on Labor, Commerce and Trade.

ESHB 1076 by House Committee on Capital Budget (originally sponsored by Representatives Sehlin and Ogden) (by request of Interagency Committee for Outdoor Recreation)

Revising account names and accounting procedures of the IAC.

Referred to Committee on Ecology and Parks.

2SHB 1078 by House Committee on Appropriations (originally sponsored by Representatives Ogden, Carlson, Casada, Cole, Quall, Benton, Pennington, Thibaudeau, Cooke, Boldt and Huff)

Changing provisions relating to instruction in Braille.

Referred to Committee on Education.

SHB 1082 by House Committee on Appropriations (originally sponsored by Representatives Cooke, Sommers, Carlson, Dellwo, Sehlin, Kessler, Valle, Romero, Cody and Basich)

Calculating excess compensation for retirement purposes.

Referred to Committee on Ways and Means.

SHB 1084 by House Committee on Appropriations (originally sponsored by Representatives Sehlin, Carlson, Sommers, Cooke, Dellwo, Campbell, L. Thomas, Kessler, Valle, Costa, Cody, Veloria, Mastin, Thibaudeau, Kremen, Mason, Scott, Morris, Honeyford and Appelwick)

Providing death benefits under LEOFF.

Referred to Committee on Ways and Means.

SHB 1093 by House Committee on Transportation (originally sponsored by Representatives K. Schmidt, Johnson, Romero and Wolfe) (by request of Department of General Administration)

Revising bidding procedures for public agencies.

Referred to Committee on Government Operations.

ESHB 1107 by House Committee on Government Operations (originally sponsored by Representatives Reams, Rust, Goldsmith, Kremen, Wolfe, R. Fisher and Chopp) (by request of Governor Lowry)

Eliminating and consolidating boards and commissions.

Referred to Committee on Government Operations.

HB 1112 by Representatives Silver, Sommers, Romero, Wolfe, Huff, Stevens, Johnson, Brumsickle and Mason (by request of Department of General Administration)

Clarifying and streamlining the use of funds within the department of general administration.

Referred to Committee on Government Operations.

SHB 1133 by House Committee on Law and Justice (originally sponsored by Representatives Campbell, Stevens, Padden, Benton, Sheldon, Crouse, Carlson and Sherstad)

Revising provisions relating to firearm dealers' licenses.

Referred to Committee on Law and Justice.

HB 1157 by Representatives Van Luven and Sheldon (by request of Department of Revenue)

Modifying sales and use tax exemptions regarding motor vehicles and trailers used for transporting persons or property for hire.

Referred to Committee on Ways and Means.

HB 1189 by Representatives Robertson, Chappell, Padden, Thompson, Blanton, Sheahan, Basich, McMahan and Dickerson (by request of Washington State Patrol)

Revising provisions relating to dissemination of criminal history information by the Washington state patrol.

Referred to Committee on Law and Justice.

ESHB 1203 by House Committee on Law and Justice (originally sponsored by Representatives Chappell and Robertson)

Prohibiting the purchase or consumption of liquor on licensed premises by persons under the influence of liquor.

Referred to Committee on Law and Justice.

2SHB 1214 by House Committee on Appropriations (originally sponsored by Representatives Mitchell, Carrell, Lambert, Sheahan, McMahan, Huff, Buck, Hickel, Padden, Elliot, Delvin, Kremen, Johnson, Casada, Thompson, Backlund, Honeyford, Mulliken, Boldt and Van Luven)

Revising provision for registration of sex offenders.

Referred to Committee on Human Services and Corrections.

HB 1224 by Representatives Brumsickle, Cole, Silver and Carlson (by request of Board of Education and Superintendent of Public Instruction Billings)

Authorizing waivers for educational restructuring.

Referred to Committee on Education.

HB 1249 by Representatives Brumsickle and Cole (by request of Office of Financial Management and Superintendent of Public Instruction Billings)

Extending the time for developing essential academic learning requirement Goal 2 assessments.

Referred to Committee on Education.

SHB 1259 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk and Horn)

Limiting administration and enforcement of chapter 49.78 RCW.

Referred to Committee on Labor, Commerce and Trade.

SHB 1287 by House Committee on Agriculture and Ecology (originally sponsored by Representatives McMorris, Horn, Chandler, Regala, Mastin, Clements, Koster, Robertson, Johnson, Boldt, Chappell, Schoesler and Rust)

Authorizing silvicultural burning to correct a forest health problem under certain circumstances.

Referred to Committee on Ecology and Parks.

HB 1295 by Representatives Carlson, Sommers, Sehlin and Basich (by request of Department of Retirement Systems)

Providing retirement system benefits upon death of member or retiree.

Referred to Committee on Ways and Means.

HB 1296 by Representatives Sommers, Carlson and Sehlin (by request of Department of Retirement Systems)

Making retirement contributions and payments.

Referred to Committee on Ways and Means.

HB 1297 by Representatives Sehlin, Sommers and Carlson (by request of Department of Retirement Systems)

Calculating retiree benefits.

Referred to Committee on Ways and Means.

HB 1343 by Representatives Casada, Kessler and Basich (by request of Utilities and Transportation Commission)

Removing the requirement that a schedule of port rates and charges be filed with the utilities and transportation commission.

Referred to Committee on Transportation.

HB 1351 by Representatives Lisk, Chandler and Veloria (by request of Joint Task Force on Unemployment Insurance)

Determining unemployment insurance contribution rates for successor employers.

Referred to Committee on Labor, Commerce and Trade.

SHB 1354 by House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Basich, Cairnes and McMorris)

Allowing only Washington residents to purchase hound permits.

Referred to Committee on Natural Resources.

SHB 1383 by House Committee on Government Operations (originally sponsored by Representatives Reams, Scott, Rust and Hargrove)

Clarifying annexation authority by municipal corporations providing sewer or water service of unincorporated territory.

Referred to Committee on Government Operations.

ESHB 1389 by House Committee on Health Care (originally sponsored by Representatives Dyer and Morris)

Concerning the supervision of apprentice opticians.

Referred to Committee on Health and Long-Term Care.

SHB 1404 by House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Buck and Basich) (by request of Department of Health)

Revising shellfish sanitation requirements to enhance the safety of recreationally and commercially harvested seafood.

Referred to Committee on Natural Resources.

SHB 1414 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Lisk, Chandler, Fuhrman, Goldsmith, Cole and Romero)

Defining "acting in the course of employment."

Referred to Committee on Labor, Commerce and Trade.

HB 1425 by Representatives Scott, Padden, Appelwick, Costa, Sheldon, Dickerson, Chappell, Hatfield, Brown and Basich

Protecting privileged communication.

Referred to Committee on Law and Justice.

SHB 1427 by House Committee on Health Care (originally sponsored by Representatives Dyer, Dellwo, Backlund, Thibaudeau and Skinner)

Modifying provisions for emergency medical service professionals.

Referred to Committee on Health and Long-Term Care.

HB 1445 by Representatives Silver, Valle, Sommers, Ogden, Fuhrman and Kremen (by request of Legislative Budget Committee)

Streamlining hospital regulation and inspection.

Referred to Committee on Health and Long-Term Care.

SHB 1446 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Romero, Fuhrman, Horn and Quall)

Requiring alcohol servers to have alcohol servers permits.

Referred to Committee on Labor, Commerce and Trade.

SHB 1491 by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Costa, K. Schmidt, Delvin, Kessler, Sheldon, Tokuda, Mitchell, Dickerson, Kremen, Robertson, Hymes, Schoesler, Mastin, Benton, Basich, Foreman, Dyer, Lisk, Pelesky, Sherstad, Chandler, Smith, Boldt, Hankins, Carrell, Beeksma, Quall, Stevens, Horn, Van Luven, L. Thomas, Goldsmith, Hickel, Cole, Fuhrman, Radcliff, Blanton, Thompson, Honeyford, Clements, Cooke, Brumsickle, Mielke, Padden, Sheahan, Chopp, Campbell, Conway, McMorris, Scott, Mulliken, D. Schmidt, Koster, Ebersole, Backlund, Dellwo, Wolfe, Rust, Johnson, Jacobsen, Lambert, Patterson, Poulsen, Brown, Huff, McMahan and Morris)

Restricting work release eligibility.

Referred to Committee on Human Services and Corrections.

HB 1501 by Representatives L. Thomas, Wolfe, Huff, Dellwo and Kessler (by request of Law Revision Commission)

Correcting double amendments related to insurance examination expenses.

Referred to Committee on Financial Institutions and Housing.

HB 1534 by Representatives Cairnes, Romero, Lisk and Cody

Changing the registration requirements relating to professional land surveyors and engineers.

Referred to Committee on Labor, Commerce and Trade.

SHB 1547 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Dellwo, Kessler, Dickerson, Basich and Costa)

Pertaining to longshore and harbor workers' compensation.

Referred to Committee on Financial Institutions and Housing.

HB 1562 by Representatives Huff, Chappell, Chandler, Carrell and Costa

Modifying the requirements for fund raising events.

Referred to Committee on Labor, Commerce and Trade.

HB 1583 by Representatives L. Thomas, Backlund, Huff, Chappell, Wolfe, Buck and Kessler (by request of State Auditor Sonntag)

Changing whistleblower provisions.

Referred to Committee on Government Operations.

EHB 1603 by Representatives L. Thomas, Morris, Huff, Campbell, Smith, Beeksma and Kessler

Disclosing deposit account information.

Referred to Committee on Financial Institutions and Housing.

HB 1624 by Representatives Hymes, Carlson, Brumsickle, Hargrove, Morris, Casada, Buck, Radcliff, Benton, Grant, Reams and Thompson

Increasing to five years the time after a preliminary plat is approved before a final plat must be submitted for approval.

Referred to Committee on Government Operations.

SHB 1634 by House Committee on Natural Resources (originally sponsored by Representatives Sheldon, Cairnes, Elliot, Fuhrman and Stevens)

Restricting the state parks and recreation commission authority to regulate metal detectors.

Referred to Committee on Ecology and Parks.

SHB 1648 by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Romero, Goldsmith and Thompson) (by request of Employment Security Department)

Revising provision relating to charges against industrial insurance awards.

Referred to Committee on Labor, Commerce and Trade.

SHB 1649 by House Committee on Commerce and Labor (originally sponsored by Representatives Goldsmith, Romero, Lisk, Schoesler and Elliot) ( by request of Employment Security Department)

Providing for disqualification from unemployment compensation for certain felonies or gross misdemeanors.

Referred to Committee on Labor, Commerce and Trade.

SHB 1654 by House Committee on Education (originally sponsored by Representatives Lambert, Stevens, Beeksma, Elliot, Crouse, Carlson, Pelesky, Hargrove, Clements, Backlund, Thompson, Huff and Smith)

Revising advisement regulations for AIDS education.

Referred to Committee on Education.

SHB 1658 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Pennington, Hatfield, Morris, Basich, Boldt, Chandler and Benton)

Providing that filled or altered wetlands shall not be considered or treated as wetlands.

Referred to Committee on Ecology and Parks.

HB 1662 by Representatives B. Thomas, Foreman, Ebersole, Carrell, Dyer, Campbell, Conway, Pelesky, R. Fisher, Talcott, McMahan, Huff, Casada, Smith, Mielke, Schoesler, Van Luven, Beeksma, Johnson, D. Schmidt, Thompson, Brumsickle, Cooke, Horn and Kessler

Modifying the business and occupation tax on international investment management companies.

Referred to Committee on Ways and Means.

SHB 1669 by House Committee on Finance (originally sponsored by Representatives Beeksma, Sehlin, Quall, Hargrove, Hymes and Costa)

Extending hotel/motel tax authorization for tourist promotional structures in cities located in counties composed of islands.

Referred to Committee on Government Operations.

SHB 1677 by House Committee on Education (originally sponsored by Representatives Koster, Campbell, Radcliff, Sheldon, Brumsickle, Stevens, McMahan, Smith, Clements, McMorris, Sherstad and Robertson)

Requiring school districts to obtain an appraisal before purchasing real property.

Referred to Committee on Education.

SHB 1680 by House Committee on Law and Justice (originally sponsored by Representatives Hickel, Appelwick and Padden) (by request of Administrator for the Courts)

Revising the distribution of interest on court fines.

Referred to Committee on Law and Justice.

SHB 1692 by House Committee on Law and Justice (originally sponsored by Representatives Padden, Costa, Scott and Appelwick)

Clarifying clerks' fees.

Referred to Committee on Law and Justice.

HB 1706 by Representatives Koster, Chandler, Johnson, McMorris, Honeyford, Mastin, Boldt, Clements, Benton, McMahan, Smith, Kremen and Robertson

Extending the dairy inspection program assessment.

Referred to Committee on Agriculture and Agricultural Trade and Development.

SHB 1722 by House Committee on Law and Justice (originally sponsored by Representatives Padden, Appelwick and Mastin) (by request of Utilities and Transportation Commission)

Exempting the UTC from administrative law judge requirements.

Referred to Committee on Energy, Telecommunications and Utilities.

HB 1725 by Representatives Brumsickle, Wolfe and Conway

Regulating housing authorities.

Referred to Committee on Government Operations.

SHB 1750 by House Committee on Law and Justice (originally sponsored by Representatives Hickel, Appelwick, Padden, Robertson and Delvin)

Authorizing additional administrative penalties relating to the driving privilege.

Referred to Committee on Law and Justice.

SHB 1756 by House Committee on Children and Family Services (originally sponsored by Representatives Veloria, Cooke, Cody, Lambert, Thibaudeau, Patterson and Costa)

Changing provisions relating to dependent children.

Referred to Committee on Human Services and Corrections.

HB 1790 by Representatives Reams, R. Fisher, Sommers and Dyer

Changing appointment provisions for the director of a combined city and county health department.

Referred to Committee on Government Operations.

SHB 1809 by House Committee on Health Care (originally sponsored by Representatives Dyer and Dickerson)

Authorizing naturopaths to give direction to registered nurses.

Referred to Committee on Health and Long-Term Care.

EHB 1835 by Representatives Schoesler, Basich, Kremen, Mitchell and Beeksma

Revising standards relating to manufactured homes.

Referred to Committee on Government Operations.

SHB 1853 by House Committee on Law and Justice (originally sponsored by Representatives Smith, Padden, Campbell, Koster, Johnson, Blanton, Silver, Benton and Thompson)

Requiring juvenile offenders to post a probation bond in specified cases.

Referred to Committee on Law and Justice.

SHB 1856 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Blanton, Costa, Dickerson, D. Schmidt, Thompson, Radcliff, Sherstad, Beeksma and Romero)

Clarifying the liability of lenders under the model toxics control act.

Referred to Committee on Financial Institutions and Housing.

SHB 1857 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Pelesky, Carrell, L. Thomas, Hargrove and B. Thomas)

Defining terms that relate to title insurers.

Referred to Committee on Financial Institutions and Housing.

SHB 1865 by House Committee on Law and Justice (originally sponsored by Representatives Mitchell and Tokuda)

Clarifying numerous miscellaneous guardianship provisions.

Referred to Committee on Law and Justice.

SHB 1873 by House Committee on Law and Justice (originally sponsored by Representatives Padden, Costa and Hickel) (by request of Attorney General Gregoire)

Regulating consumer leases.

Referred to Committee on Law and Justice.

HB 1893 by Representatives Ballasiotes and Blanton

Authorizing the secretary of corrections to delegate authority to certify records and documents.

Referred to Committee on Human Services and Corrections.

SHB 1929 by House Committee on Corrections (originally sponsored by Representatives Brumsickle and Morris)

Concerning the employment of inmates.

Referred to Committee on Human Services and Corrections.

SHB 1939 by House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Beeksma, Chappell, Smith, Campbell, Kremen, Cairnes, Buck, Thompson and Hargrove)

Requiring an appeal of the decision regarding tribal shellfish rights.

Referred to Committee on Natural Resources.

EHB 2033 by Representatives D. Schmidt and Scott

Providing an exemption to the Washington clean air act for fire training.

Referred to Committee on Ecology and Parks.

HJM 4008 by Representatives Basich, Pennington, Johnson, Quall, Kremen, Fuhrman, Chappell, Hatfield, Backlund and Sheldon

Requesting modification of the federal Marine Mammal Protection Act.

Referred to Committee on Natural Resources.

HJM 4009 by Representatives Mastin, Ballasiotes, Patterson, Backlund, Campbell, Sherstad, Elliot, Robertson and Costa

Asking Congress to consider various options regarding alien offenders.

Referred to Committee on Human Services and Corrections.

HJM 4010 by Representatives Lisk, Chandler, Veloria, Wolfe and Conway (by request of Joint Task Force on Unemployment Insurance)

Requesting that unemployment benefits be removed from the IRS definition of taxable income.

Referred to Committee on Labor, Commerce and Trade.

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Sheldon, Gubernatorial Appointment No. 9069, Barbara Stephenson, as a member of the Board of Trustees for Olympic Community College District No. 3, was confirmed.

APPOINTMENT OF BARBARA STEPHENSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Absent: Senator Pelz - 1.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

MOTION

On motion of Senator Loveland, Senator Pelz was excused.

MOTION

On motion of Senator Gaspard, Gubernatorial Appointment No. 9074, Dr. Ray Tobiason, as a member of the Higher Education Facilities Authority, was confirmed.

APPOINTMENT OF DR. RAY TOBIASON

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

Excused: Senators Anderson, A., Anderson, C., Moyer, Pelz and Roach - 5.

SECOND READING

SENATE BILL NO. 5648, by Senators Smith and Owen (by request of Attorney General Gregoire)

Penalizing fuel tax evasion.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 5648 was substituted for Senate Bill No. 5648 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5648 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 Senate Bill No. 5648.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5648 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

Voting nay: Senator Swecker - 1.

Excused: Senators Anderson, A., Anderson, C., Moyer, Pelz and Roach - 5.

SUBSTITUTE SENATE BILL NO. 5648, 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. 5718, by Senators Drew and Haugen

Authorizing fund-raising on state property to benefit public fish and wildlife programs.

The bill was read the second time.

MOTION

On motion of Senator Drew, the rules were suspended, Senate Bill No. 5718 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 Senate Bill No. 5718.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5718 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Anderson, A., Anderson, C., Moyer, Pelz and Roach - 5.

SENATE BILL NO. 5718, 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. 5787, by Senator Sutherland

Providing a comprehensive public drinking water system assistance program.

The bill was read the second time.

MOTION

On motion of Senator Sutherland, the rules were suspended, Senate Bill No. 5787 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. 5787.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5787 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SENATE BILL NO. 5787, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8014, by Senators Fraser, Morton, Winsley and Rasmussen

Petitioning Congress regarding water adjudication.

The joint memorial was read the second time.

MOTION

On motion of Senator Sutherland, the rules were suspended, Senate Joint Memorial No. 8014 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8014.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8014 and the joint memorial passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SENATE JOINT MEMORIAL NO. 8014, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5986, by Senator Gaspard

Issuing school district bonds.

The bill was read the second time.

MOTION

On motion of Senator Gaspard, the rules were suspended, Senate Bill No. 5986 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. 5986.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5986 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SENATE BILL NO. 5986, 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. 6028, by Senators Schow and Roach

Concerning harassment of a child by a person over age eighteen.

MOTIONS

On motion of Senator Schow, Substitute Senate Bill No. 6028 was substituted for Senate Bill No. 6028 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6028 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 Senate Bill No. 6028.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6028 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 42.

Voting nay: Senators Pelz, Rinehart and Wojahn - 3.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SUBSTITUTE SENATE BILL NO. 6028, 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. 5253, by Senators Quigley, Moyer, Hargrove and C. Anderson (by request of Department of Health)

Implementing the public health improvement plan.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 5253 was substituted for Senate Bill No. 5253 and the substitute bill was placed on second reading and read the second time.

Senator Quigley moved that the following amendment by Senators Quigley and Hale be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature declares its intent to implement the recommendations of the public health improvement plan by initiating a program to provide the public health system with the necessary capacity to improve the health outcomes of the population of Washington state and establishing the methodology by which improvement in the health outcomes and delivery of public health activities will be assessed.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 3 of this act.

(1) "Capacity" means actions that public health jurisdictions must do as part of ongoing daily operations to adequately protect and promote health and prevent disease, injury, and premature death. The public health improvement plan identifies capacity necessary for assessment, policy development, administration, prevention, including promotion and protection, and access and quality.

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

(3) "Local health jurisdiction" means the local health agency, either county or multicounty, operated by local government, with oversight and direction from a local board of health, that provides public health services throughout a defined geographic area.

(4) "Health outcomes" means long-term objectives that define optimal, measurable, future levels of health status, maximum acceptable levels of disease, injury, or dysfunction, or prevalence of risk factors in areas such as improving the rate of immunizations for infants and children to ninety percent and controlling and reducing the spread of tuberculosis and that are stated in the public health improvement plan.

(5) "Public health improvement plan," also known as the public health services improvement plan, means the public health services improvement plan established under RCW 43.70.520, developed by the department, in consultation with local health departments and districts, the state board of health, the health services commission, area Indian health services, and other state agencies, health services providers, and residents concerned about public health, to provide a detailed accounting of deficits in the core functions of assessment, policy development, and assurance of the current public health system, how additional public health funding would be used, and to describe the benefits expected from expanded expenditures.

(6) "Public health" means activities that society does collectively to assure the conditions in which people can be healthy. This includes organized community efforts to prevent, identify, preempt, and counter threats to the public's health.

(7) "Public health system" means the department, the state board of health, and local health jurisdictions.

NEW SECTION. Sec. 3. The primary responsibility of the public health system, is to take those actions necessary to protect, promote, and improve the health of the population. In order to accomplish this, the department shall:

(1) Identify, as part of the public health improvement plan, the key health outcomes sought for the population and the capacity needed by the public health system to fulfill its responsibilities in improving health outcomes.

(2)(a) Distribute state funds that, in conjunction with local revenues, are intended to improve the capacity of the public health system. The distribution methodology shall encourage system-wide effectiveness and efficiency and provide local health jurisdictions with the flexibility both to determine governance structures and address their unique needs.

(b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the degree to which the local health jurisdiction is attaining the capacity necessary to improve health outcomes. The contracts negotiated between the local health jurisdictions and the department of health must identify the specific measurable progress that local health jurisdictions will make toward achieving health outcomes. A community assessment conducted by the local health jurisdiction according to the public health improvement plan, which shall include the results of the comprehensive plan prepared according to RCW 70.190.130, will be used as the basis for identifying the health outcomes. The contracts shall include provisions to encourage collaboration among local health jurisdictions. State funds shall be used solely to expand and complement, but not to supplant city and county government support for public health programs.

(3) Develop criteria to assess the degree to which capacity is being achieved and ensure compliance by public health jurisdictions.

(4) Adopt rules necessary to carry out the purposes of chapter . . ., Laws of 1995 (this act).

(5) Biennially, within the public health improvement plan, evaluate the effectiveness of the public health system, assess the degree to which the public health system is attaining the capacity to improve the status of the public's health, and report progress made by each local health jurisdiction toward improving health outcomes.

Sec. 4. RCW 41.05.240 and 1993 c 492 s 468 are each amended to read as follows:

Consistent with funds appropriated specifically for this purpose, the ((authority)) department shall establish in conjunction with the area Indian health services system and providers an advisory group comprised of Indian and non-Indian health care facilities and providers to formulate an American Indian health care delivery plan. The plan shall include:

(1) Recommendations to providers and facilities methods for coordinating and joint venturing with the Indian health services for service delivery;

(2) Methods to improve American Indian-specific health programming; and

(3) Creation of co-funding recommendations and opportunities for the unmet health services programming needs of American Indians.

NEW SECTION. Sec. 5. RCW 41.05.240 shall be recodified as a new section in chapter 43.70 RCW.

Sec. 6. RCW 70.05.030 and 1993 c 492 s 235 are each amended to read as follows:

In counties without a home rule charter, the board of county commissioners shall constitute the local board of health, unless the county is part of a health district pursuant to chapter 70.46 RCW. The jurisdiction of the local board of health shall be coextensive with the boundaries of said county. The board of county commissioners may, at its discretion, adopt an ordinance expanding the size and composition of the board of health to include elected officials from cities and towns and persons other than elected officials as members so long as persons other than elected officials do not constitute a majority. An ordinance adopted under this section shall include provisions for the appointment, term, and compensation, or reimbursement of expenses.

Sec. 7. RCW 70.05.035 and 1993 c 492 s 237 are each amended to read as follows:

In counties with a home rule charter, the county legislative authority shall establish a local board of health and may prescribe the membership and selection process for the board. The county legislative authority may appoint to the board of health elected officials from cities and towns and persons other than elected officials as members so long as persons other than elected officials do not constitute a majority. The county legislative authority shall specify the appointment, term, and compensation or reimbursement of expenses. The jurisdiction of the local board of health shall be coextensive with the boundaries of the county. The local health officer, as described in RCW 70.05.050, shall be appointed by the official designated under the provisions of the county charter. The same official designated under the provisions of the county charter may appoint an administrative officer, as described in RCW 70.05.045.

Sec. 8. RCW 70.05.050 and 1993 c 492 s 238 are each amended to read as follows:

The local health officer shall be an experienced physician licensed to practice medicine and surgery or osteopathy and surgery in this state and who is qualified or provisionally qualified in accordance with the standards prescribed in RCW 70.05.051 through 70.05.055 to hold the office of local health officer. No term of office shall be established for the local health officer but the local health officer shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible for his or her appointment under this section as to the reason for his or her removal. The local health officer shall act as executive secretary to, and administrative officer for the local board of health and shall also be empowered to employ such technical and other personnel as approved by the local board of health except where the local board of health has appointed an administrative officer under RCW 70.05.040. The local health officer shall be paid such salary and allowed such expenses as shall be determined by the local board of health. In home rule counties that are part of a health district under this chapter and chapter 70.46 RCW the local health officer and administrative officer shall be appointed by the local board of health.

Sec. 9. RCW 70.08.040 and 1985 c 124 s 4 are each amended to read as follows:

Notwithstanding any provisions to the contrary contained in any city or county charter, where a combined department is established under this chapter, the director of public health under this chapter shall be appointed by the county executive of the county and the mayor of the city ((for a term of four years and until a successor is appointed and confirmed. The director of public health may be reappointed by the county executive of the county and the mayor of the city for additional four year terms)). The appointment shall be effective only upon a majority vote confirmation of the legislative authority of the county and the legislative authority of the city. The director may be removed by the county executive of the county, after consultation with the mayor of the city, upon filing a statement of reasons therefor with the legislative authorities of the county and the city.

Sec. 10. RCW 70.46.020 and 1993 c 492 s 247 are each amended to read as follows:

Health districts consisting of two or more counties may be created whenever two or more boards of county commissioners shall by resolution establish a district for such purpose. Such a district shall consist of all the area of the combined counties. The district board of health of such a district shall consist of not less than five members for districts of two counties and seven members for districts of more than two counties, including two representatives from each county who are members of the board of county commissioners and who are appointed by the board of county commissioners of each county within the district, and shall have a jurisdiction coextensive with the combined boundaries. The boards of county commissioners may by resolution or ordinance provide for elected officials from cities and towns and persons other than elected officials as members of the district board of health so long as persons other than elected officials do not constitute a majority. A resolution or ordinance adopted under this section must specify the provisions for the appointment, term, and compensation, or reimbursement of expenses. Any multicounty health district existing on the effective date of this act shall continue in existence unless and until changed by affirmative action of all boards of county commissioners or one or more counties withdraws pursuant to RCW 70.46.090.

At the first meeting of a district board of health the members shall elect a chair to serve for a period of one year.

NEW SECTION. Sec. 11. A new section is added to chapter 70.46 RCW to read as follows:

A health district to consist of one county may be created whenever the county legislative authority of the county shall pass a resolution or ordinance to organize such a health district under chapter 70.05 RCW and this chapter.

The resolution or ordinance may specify the membership, representation on the district health board, or other matters relative to the formation or operation of the health district. The county legislative authority may appoint elected officials from cities and towns and persons other than elected officials as members of the health district board so long as persons other than elected officials do not constitute a majority.

Any single county health district existing on the effective date of this act shall continue in existence unless and until changed by affirmative action of the county legislative authority.

Sec. 12. RCW 43.72.902 and 1993 c 492 s 470 are each amended to read as follows:

The public health services account is created in the state treasury. Moneys in the account may be spent only after appropriation. Moneys in the account may be expended only for maintaining and improving the health of Washington residents through the public health system. For purposes of this section, the public health system shall consist of the state board of health, the state department of health, and local health departments and districts. ((Funds appropriated from this account to local health departments and districts shall be distributed ratably based on county population as last determined by the office of financial management.))

NEW SECTION. Sec. 13. Sections 1 through 3 of this act are each added to chapter 43.70 RCW.

NEW SECTION. Sec. 14. 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.

Sec. 15. RCW 43.72.915 and 1993 sp.s. c 25 s 603 are each amended to read as follows:

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993, except for:

(1) Sections 234 through 243, 245 through 254, and 257 of this act, which shall take effect ((July 1, 1995)) January 1, 1996 or January 1, 1998, if funding is not provided as set forth in section 17(4) of this act; and

(2) Sections 301 through 303 of this act, which shall take effect January 1, 1994.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed, effective June 30, 1995:

(1) 1993 c 492 s 244;

(2) 1993 c 492 s 256 (uncodified); and

(3) 1993 c 492 s 255.

NEW SECTION. Sec. 17. (1) Sections 15 and 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1995.

(2) Sections 1 through 5, 12, and 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

(3) Section 9 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(4) Sections 6 through 8, 10, and 11 of this act take effect January 1, 1996, if funding of at least two million two hundred fifty thousand dollars, is provided by June 30, 1995, in the 1995 omnibus appropriations act or as a result of the passage of Senate Bill No. 6058, to implement the changes in public health governance as outlined in this act. If such funding is not provided, sections 6 through 8, 10, and 11 of this act shall take effect January 1, 1998."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Quigley and Hale to Substitute Senate Bill No. 5253.

The motion by Senator Quigley carried and the striking amendment was adopted:

MOTIONS

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

On page 1, line 2 of the title, after "plan;" strike the remainder of the title and insert "amending RCW 41.05.240, 70.05.030, 70.05.035, 70.05.050, 70.08.040, 70.46.020, 43.72.902, and 43.72.915; adding a new section to chapter 70.46 RCW; adding new sections to chapter 43.70 RCW; recodifying RCW 41.05.240; repealing 1993 c 492 s 244; repealing 1993 c 492 s 255; repealing 1993 c 492 s 256 (uncodified); providing effective dates; and declaring an emergency."

On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 5253 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 Senate Bill No. 5253.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5253 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5253, 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. 5848, by Senator Smith

Providing for retrocession of criminal jurisdiction by the Tulalip Tribe.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 5848 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. 5848.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5848 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 40.

Voting nay: Senators Cantu, McDonald, Newhouse, Oke and Strannigan - 5.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SENATE BILL NO. 5848, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 9:58 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

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

SECOND READING

SENATE BILL NO. 5082, by Senators Haugen, Owen and Loveland

Providing for death investigations systems.

MOTIONS

On motion of Senator Haugen, Second Substitute Senate Bill No. 5082 was substituted for Senate Bill No. 5082 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Second Substitute Senate Bill No. 5082 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. 5082.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5082 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Absent: Senator Rinehart - 1.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SECOND SUBSTITUTE SENATE BILL NO. 5082, 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. 5204, by Senators Hargrove, Long, Franklin, Kohl, Oke and Winsley (by request of Department of Corrections)

Revising provisions relating to work ethic camps.

The bill was read the second time.

MOTION

Senator Oke moved that the following amendments by Senators Oke, Hargrove, Long and Rinehart be considered simultaneously and be adopted:

On page 2, beginning on line 21, after "confinement." strike all material through "confinement." on line 23, and insert "((The court shall also provide that upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement.)) In sentencing an offender to the work ethic camp, the court shall specify: (a) That upon completion of the work ethic camp program, the offender shall be released on community custody for any remaining time of total confinement; (b) the applicable conditions of supervision on community custody status as authorized by RCW 9.94A.120(8)(b) and (c); and (c) which conditions, if violated, may result in a return to total confinement for the balance of the offender's remaining time of confinement."

On page 3, after line 9, insert the following:

"Sec. 2. RCW 9.94A.120 and 1994 c 1 s 2 (Initiative Measure No. 593) and 1993 c 31 s 3 are each reenacted and amended to read as follows:

When a person is convicted of a felony, the court shall impose punishment as provided in this section.

(1) Except as authorized in subsections (2), (4), (5), and (7) of this section, the court shall impose a sentence within the sentence range for the offense.

(2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

(4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

(5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

(a) Devote time to a specific employment or occupation;

(b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

(d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(e) Report as directed to the court and a community corrections officer; or

(f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

(6) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

(7)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(A) Frequency and type of contact between offender and therapist;

(B) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

(D) Anticipated length of treatment; and

(E) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

(ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

(A) The court shall place the defendant on community supervision for the length of the suspended sentence or three years, whichever is greater; and

(B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

(I) Devote time to a specific employment or occupation;

(II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(III) Report as directed to the court and a community corrections officer;

(IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

(V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

(iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

(iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community supervision, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community supervision.

(v) The court may revoke the suspended sentence at any time during the period of community supervision and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community supervision shall be credited to the offender if the suspended sentence is revoked.

(vi) Except as provided in (a)(vii) of this subsection, after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.

(vii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (7) does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (7) and the rules adopted by the department of health.

For purposes of this subsection, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(b) When an offender is convicted of any felony sex offense committed before July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, order the offender committed for up to thirty days to the custody of the secretary of social and health services for evaluation and report to the court on the offender's amenability to treatment at these facilities. If the secretary of social and health services cannot begin the evaluation within thirty days of the court's order of commitment, the offender shall be transferred to the state for confinement pending an opportunity to be evaluated at the appropriate facility. The court shall review the reports and may order that the term of confinement imposed be served in the sexual offender treatment program at the location determined by the secretary of social and health services or the secretary's designee, only if the report indicates that the offender is amenable to the treatment program provided at these facilities. The offender shall be transferred to the state pending placement in the treatment program. Any offender who has escaped from the treatment program shall be referred back to the sentencing court.

If the offender does not comply with the conditions of the treatment program, the secretary of social and health services may refer the matter to the sentencing court. The sentencing court shall commit the offender to the department of corrections to serve the balance of the term of confinement.

If the offender successfully completes the treatment program before the expiration of the term of confinement, the court may convert the balance of confinement to community supervision and may place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of community supervision, the court may order the offender to serve out the balance of the community supervision term in confinement in the custody of the department of corrections.

After June 30, 1993, this subsection (b) shall cease to have effect.

(c) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

(i) Devote time to a specific employment or occupation;

(ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

(iii) Report as directed to the court and a community corrections officer;

(iv) Undergo available outpatient treatment.

If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

Nothing in (c) of this subsection shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (c) does not apply to any crime committed after July 1, 1990.

(d) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

(8)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

(b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or serious violent offense committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

(i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

(ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

(iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

(iv) An offender in community custody shall not unlawfully possess controlled substances;

(v) The offender shall pay supervision fees as determined by the department of corrections; and

(vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

(i) The offender shall remain within, or outside of, a specified geographical boundary;

(ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

(iii) The offender shall participate in crime-related treatment or counseling services;

(iv) The offender shall not consume alcohol; or

(v) The offender shall comply with any crime-related prohibitions.

(d) As a part of any sentence providing for conversion from total confinement to community custody pursuant to RCW 9.94A.137(3) after successful completion of a work ethic camp program, the court shall impose and enforce the conditions enumerated in (b) of this subsection and may order any of the special conditions enumerated in (c) of this subsection, including a prohibition against new felony convictions. The court shall specify which of the conditions, if violated, may result in a return to total confinement for the balance of the offender's remaining term of confinement.

(e) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

(9) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

(10) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

(11) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

(12) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the secretary of the department of corrections or such person as the secretary may designate and shall follow explicitly the instructions of the secretary including reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment. The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

(13) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

(14) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

(15) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

(16) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

(17) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

(18) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

(19) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Oke, Hargrove, Long and Rinehart on page 2, beginning on page 21, and page 3, after line 9, to Senate Bill No. 5204.

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

MOTIONS

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

On page 1, line 1 of the title, after "9.94A.137;" insert "reenacting and amending RCW 9.94A.120;"

On motion of Senator Hargrove, the rules were suspended, Engrossed Senate Bill No. 5204 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 Senate Bill No. 5204.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5204 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

ENGROSSED SENATE BILL NO. 5204, 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. 5516, by Senators Owen, Prentice, Deccio, Palmer, Sutherland, McDonald, Rinehart, Haugen, Sheldon, Heavey, Fraser, Franklin, Bauer, Roach and Rasmussen

Providing for drug-free workplaces.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 5516 was substituted for Senate Bill No. 5516 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5516 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 Senate Bill No. 5516.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5516 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

SUBSTITUTE SENATE BILL NO. 5516, 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. 5885, by Senators Hargrove, Long, Owen, Kohl, Haugen, Rasmussen, Franklin, Bauer and Winsley

Modifying services to families.

MOTIONS

On motion of Senator Hargrove, Substitute Senate Bill No. 5885 was substituted for Senate Bill No. 5885 and the substitute bill was placed on second reading and read the second time.

Senator McAuliffe moved that the following amendment by Senators McAuliffe and Hargrove be adopted:

On page 40, line 34, after "transmitted" strike everything down to and including "request." on line 36 and insert "within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe and Hargrove on page 40, line 34, to Substitute Senate Bill No. 5885.

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

MOTION

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5885 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5885.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5885 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, A., Anderson, C., Moyer and Roach - 4.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5885, 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. 5662, by Senators Owen, Swecker and Morton

Clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations.

MOTIONS

On motion of Senator Drew, Substitute Senate Bill No. 5662 was substituted for Senate Bill No. 5662 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the following amendments by Senators Owen, Swecker, Morton, Drew and Sellar were considered simultaneously and were adopted:

On page 3, after line 19, insert the following:

"(8) The performance security deposit obligations of subsection (1) of this section do not apply to the extraction of dolomite, sand, gravel, aggregate, limestone, magnesite, silica rock, zeolite, or other nonmetallic minerals; placer mining; and the smelting of aluminum, as such activities are not metals mining and milling operations for purposes of this chapter."

On page 6, after line 18, insert the following:

"(11) The performance security deposit obligations of RCW 78.56.110(1) do not apply to the extraction of dolomite, sand, gravel, aggregate, limestone, magnesite, silica rock, zeolite, or other nonmetallic minerals; placer mining; and the smelting of aluminum, as such activities are not metals mining and milling operations for purposes of chapter 78.56 RCW."

MOTION

On motion of Senator Drew, the rules were suspended, Engrossed Substitute Senate Bill No. 5662 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 Senate Bill No. 5662.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5662 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, A., Anderson, C. and Moyer - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5662, 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. 5053, by Senators Haugen and Winsley

Modifying real estate disclosure provisions.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5053 was substituted for Senate Bill No. 5053 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5053 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 Senate Bill No. 5053.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5053 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, A., Anderson, C. and Moyer - 3.

SUBSTITUTE SENATE BILL NO. 5053, 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. 5074, by Senator Fraser

Changing the limitations on the use of wood stoves.

The bill was read the second time.

MOTIONS

On motion of Senator Morton, the following amendment by Senators Morton, Fraser and McDonald was adopted:

On page 3, after line 36, insert the following:

"Sec. 3. RCW 70.94.457 and 1991 c 199 s 501 are each amended to read as follows:

The department of ecology shall establish by rule under chapter 34.05 RCW:

(1) State-wide emission performance standards for new solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission standard for new solid fuel burning devices other than the state-wide standard adopted by the department under this section.

(a) After January 1, 1995, no solid fuel burning device shall be offered for sale in this state to residents of this state that does not meet the following particulate air contaminant emission standards under the test methodology of the United States environmental protection agency in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the United States environmental protection agency subsequent to such date: (i) Two and one-half grams per hour for catalytic wood stoves; and (ii) four and one-half grams per hour for all other solid fuel burning devices. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by the department that compares the difference between the emission test methodology established by the United States environmental protection agency prior to May 15, 1991, with the test methodology adopted subsequently by the agency. Subsection (a) of this subsection does not apply to fireplaces.

(b) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 United States environmental protection agency standards for wood stoves or equivalent standard that may be established by the state building code council by rule. Prior to January 1, 1997, the state building code council shall establish by rule a methodology for the testing of factory-built fireplaces. The methodology shall be designed to achieve a particulate air emission standard equivalent to the 1990 United States environmental protection agency standard for wood stoves. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers.

(c) Prior to January 1, 1997, the state building code council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.

(d) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by this act.

(e) Subsection (1)(a) of this section shall not apply to fireplaces.

(f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards adopted by the United States environmental protection agency for new wood stoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the department may exempt or establish, by rule, state-wide standards including emission levels and test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new wood stoves and fireplaces regulated under this subsection.

(2) A program to:

(a) Determine whether a new solid fuel burning device complies with the state-wide emission performance standards established in subsection (1) of this section; and

(b) Approve the sale of devices that comply with the state-wide emission performance standards.

Sec. 4. RCW 70.94.460 and 1987 c 405 s 7 are each amended to read as follows:

After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new wood stove in this state to a resident of this state unless the wood stove has been approved by the department under the program established under RCW 70.94.457."

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

On page 1, beginning on line 1 of the title, after "RCW" strike the remainder of the title and insert "70.94.473, 70.94.477, 70.94.457, and 70.94.460."

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5074 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 Senate Bill No. 5074.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5074 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, A., Anderson, C. and Moyer - 3.

ENGROSSED SENATE BILL NO. 5074, 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. 5609, by Senators Loveland, Rasmussen, Prince, Snyder, Morton, West and A. Anderson

Concerning the powers and duties of air pollution control authorities.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 5609 was substituted for Senate Bill No. 5609 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 5609 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Kohl, Senator Smith was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5609.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5609 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Absent: Senator Pelz - 1.

Excused: Senators Anderson, A., Anderson, C., Moyer and Smith - 4.

SUBSTITUTE SENATE BILL NO. 5609, 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. 5698, by Senators Roach, Spanel and Smith

Providing for retrocession of criminal jurisdiction by the Muckleshoot Tribe.

The bill was read the second time.

MOTION

On motion of Senator Roach, the rules were suspended, Senate Bill No. 5698 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. 5698.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5698 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

Voting nay: Senators Cantu and Strannigan - 2.

Excused: Senators Anderson, A., Anderson, C., Moyer and Smith - 4.

SENATE BILL NO. 5698, 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 12:07 p.m, on motion of Senator Spanel, the Senate recessed until 2:00 p.m.

The Senate was called to order at 2:26 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5992, by Senators Bauer, Pelz, Wood, Prince, Kohl, Deccio, Heavey and Rasmussen

Clarifying the role of the work force training and education coordinating board.

MOTIONS

On motion of Senator Pelz, Substitute Senate Bill No. 5992 was substituted for Senate Bill No. 5992 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5992 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTIONS

On motion of Senator Loveland, Senator Haugen was excused.

On motion of Senator Wood, Senators Deccio and McDonald were excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5992.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5992 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Wojahn and Wood - 42.

Absent: Senators Rinehart and Winsley - 2.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

SUBSTITUTE SENATE BILL NO. 5992, 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 Kohl was excused.

SECOND READING

SENATE BILL NO. 5065, by Senators Smith, Winsley and Schow (by request of Department of Corrections)

Specifying sentencing conditions for felons who commit additional felonies.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5065 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 Senate Bill No. 5065.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5065 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

Excused: Senators Anderson, C., Deccio, Haugen, Kohl, McDonald and Moyer - 6.

SENATE BILL NO. 5065, 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. 5757, by Senators McCaslin, Haugen, Winsley, Heavey and Sheldon

Changing provisions relating to bidding requirements.

MOTIONS

On motion of Senator Sheldon, Substitute Senate Bill No. 5757 was substituted for Senate Bill No. 5757 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sheldon the rules were suspended, Substitute Senate Bill No. 5757 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 Senate Bill No. 5757.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5757 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

SUBSTITUTE SENATE BILL NO. 5757, 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. 5877, by Senators Heavey, Haugen, Wood, Deccio and Rasmussen

Regulating limousines, taxicabs, and other for hire vehicles.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 5877 was substituted for Senate Bill No. 5877 and the substitute bill was placed on second reading and read the second time.

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

On page 4, line 1, after "RCW," insert "vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels and rental offices,"

On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 5877 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5877.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5877 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 1; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 41.

Voting nay: Senators Cantu and Finkbeiner - 2.

Absent: Senator McAuliffe - 1.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5877, 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. 5899, by Senators Kohl, Owen, Prentice and Prince

Exploring alternative transportation demand management strategies.

MOTIONS

On motion of Senator Owen, Substitute Senate Bill No. 5899 was substituted for Senate Bill No. 5899 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Owen, the rules were suspended, Substitute Senate Bill No. 5899 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 Senate Bill No. 5899.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5899 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

SUBSTITUTE SENATE BILL NO. 5899, 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. 5818, by Senators Winsley, Ann Anderson, Cal Anderson and McAuliffe

Paying benefits when a member dies before retirement.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 5818 was substituted for Senate Bill No. 5818 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 5818 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 Senate Bill No. 5818.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5818 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

SUBSTITUTE SENATE BILL NO. 5818, 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. 5157, by Senators Owen, Drew, Sutherland, Hargrove, Oke and Haugen

Providing for conspicuous external marking of hatchery produced chinook salmon and coho salmon.

MOTIONS

On motion of Senator Drew, Second Substitute Senate Bill No. 5157 was substituted for Senate Bill No. 5157 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Drew, the rules were suspended, Second Substitute Senate Bill No. 5157 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 Second Substitute Senate Bill No. 5157.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5157 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

Voting nay: Senator Snyder - 1.

Excused: Senators Anderson, C., Deccio, Haugen, McDonald and Moyer - 5.

SECOND SUBSTITUTE SENATE BILL NO. 5157, 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 3:05 p.m., on motion of Senator Spanel, the Senate was declared to be ate ease.

The Senate was called to order at 4:30 p.m. by President Pritchard.

SECOND READING

SENATE BILL NO. 5875, by Senators Fraser and Fairley

Regulating wetlands mitigation banks.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5875 was substituted for Senate Bill No. 5875 and the substitute bill was placed on second reading and read the second time.

Senator Morton moved that the following amendment by Senators Morton, Snyder, Hargrove and Oke be adopted:

On page 3, line 20, after "values" insert ", provided that no agency shall develop or implement a wetland program that uses a delineation process which is more stringent than that adopted by the United States army corps of engineers"

POINT OF ORDER

Senator Fraser: "Mr. President, I would like to raise a point of order. I feel that this amendment exceeds the scope and object of the bill. As the proponent stated, the purpose of the amendment is to be regulatory. The bill itself is not regulatory; the bill deals with a voluntary cooperative process. It does not address wetland standards at all, but the amendment does address regulatory standards."

Further debate ensued.

There being no objection, the President deferred further consideration of Substitute Senate Bill No. 5875.

SECOND READING

SENATE BILL NO. 5918, by Senators Sheldon, Hargrove, Quigley, Prentice, Rasmussen and Kohl

Revising provisions for a single system of accountability for the mental health service delivery system.

MOTIONS

On motion of Senator Sheldon, Substitute Senate Bill No. 5918 was substituted for Senate Bill No. 5918 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 5918 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 Bauer was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5918.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5918 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, C., Bauer, Haugen and Moyer - 4.

SUBSTITUTE SENATE BILL NO. 5918, 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. 5873, by Senators Fairley, Owen, Fraser, Smith, Prentice, Kohl and Oke

Raising the fine for parking in places reserved for physically handicapped persons.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 5873 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 Spanel, the rules were suspended and Senate Bill No. 5873 was returned to second reading and read the second time.

There being no objection, the President deferred further consideration of Senate Bill No. 5873.

SECOND READING

SENATE BILL NO. 5655, by Senators Rasmussen and Sellar

Revising state freight rail service programs.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5655 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. 5655.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5655 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SENATE BILL NO. 5655, 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. 5956, by Senators Rasmussen, Strannigan, Rinehart, Hargrove, Smith, Schow, Prentice, Hochstatter, Wojahn, Haugen, Sheldon, Gaspard, Deccio, Spanel, Morton, Pelz, Franklin, Bauer, Kohl, Sutherland, Palmer, McDonald, Wood, A. Anderson, Owen, McAuliffe, Fraser, Long, West, Oke and Winsley

Collecting unpaid court obligations.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5956 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. 5956.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5956 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SENATE BILL NO. 5956, 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. 5993, by Senators Winsley, Finkbeiner, Swecker and Wood

Providing for paid leaves of absence for state employees to provide disaster relief services.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 5993 was substituted for Senate Bill No. 5993 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5993 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 Senate Bill No. 5993.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5993 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

Voting yea: Senators Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 42.

Voting nay: Senators Anderson, A., Cantu, Hochstatter and Johnson - 4.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SUBSTITUTE SENATE BILL NO. 5993, 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. 5606, by Senators Fraser, Haugen, Owen, McCaslin, Swecker, Newhouse, Oke, Rasmussen, Winsley, Morton and Schow

Providing for use of reclaimed water.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5606 was substituted for Senate Bill No. 5606 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5606 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 Senate Bill No. 5606.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5606 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SUBSTITUTE SENATE BILL NO. 5606, 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. 5625, by Senators Haugen, Drew, Oke and Rasmussen

Clarifying hunting license requirements.

The bill was read the second time.

MOTION

On motion of Senator Drew, the rules were suspended, Senate Bill No. 5625 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 Senate Bill No. 5625.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5625 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SENATE BILL NO. 5625, 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. 5581, by Senators Fraser, Sellar, Prentice, Roach, Snyder, Sutherland, Smith, Hale, Spanel, C. Anderson and Winsley

Extending the expiration date for the pollution liability insurance program.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5581 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. 5581.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5581 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senator Fairley - 1.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SENATE BILL NO. 5581, 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. 5563, by Senators West, Pelz and McCaslin

Relating to class H liquor licenses issued to hotels operating conference or convention centers or having banquet facilities on property owned or through leasehold interest by the licensed hotel.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 5563 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. 5563.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5563 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SENATE BILL NO. 5563, 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. 5556, by Senators C. Anderson, Long, Kohl, A. Anderson, Fairley, Sheldon, Prentice, Moyer and Haugen

Revoking the license of a massage practitioner who has been convicted of prostitution.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 5556 was substituted for Senate Bill No. 5556 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Quigley, the rules were suspended, Substitute Senate Bill No. 5556 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 Senate Bill No. 5556.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5556 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

SUBSTITUTE SENATE BILL NO. 5556, 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 Senate Bill No. 5873, which was returned to second reading after the rules were suspended earlier today.

MOTION

On motion of Senator McAuliffe, the following amendment by Senators McAuliffe and Fairley was adopted:

On page 4, after line 13, insert the following:

"Sec. 2. RCW 46.08.150 and 1961 c 12 s 46.08.150 are each amended to read as follows:

The director of general administration shall have power to devise and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles on the state capitol grounds. However, the monetary penalty for parking a motor vehicle without a valid special license plate or placard in a parking place reserved for physically disabled persons shall be the same as provided in RCW 46.16.381. Such rules and regulations shall be promulgated by publication in one issue of a newspaper published at the state capitol and shall be given such further publicity as the director may deem proper."

MOTIONS

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

On page 1, line 2 of the title, after "46.16.381" insert "and 46.08.150"

On motion of Senator Smith, the rules were suspended, Engrossed Senate Bill No. 5873, under suspension of the rules, 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 Senate Bill No. 5873, under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5873 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

ENGROSSED SENATE BILL NO. 5873, under suspension of the rules, 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. 5344, by Senators Wojahn, Smith, Haugen and Kohl

Changing provisions relating to child support enforcement.

The bill was read the second time.

MOTIONS

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

On page 4, line 8, after "(2)", strike all material through "services." on line 12, and insert "Make available to the mother and putative father written information, that the department of social and health services shall furnish, regarding paternity establishment."

On motion of Senator Hochstatter, the following amendments by Senators Hochstatter and Wojahn were considered simultaneously and were adopted:

On page 3, after line 35, insert the following:

"NEW SECTION. Sec. 2. (1) The office of support enforcement shall establish a pilot project to enter into contracts with collection agencies for collection of accounts that the office of support enforcement is unsuccessful in collecting after twelve months. The listing collection agency shall not assess the department any fee. All fees collected shall be in addition to the amount of the debt owed by the delinquent party and shall be assessed to the delinquent party not to exceed twenty percent of the amount owed. All child support collected by the collection agency shall be paid to the state.

(2) The department shall monitor each case that it refers to a collection agency.

(3) The department shall evaluate the effectiveness of entering into contracts for services under this section.

(4) The pilot project shall begin July 1, 1995, and end July 1, 1997.

(5) The department shall report to the legislature on the results of its analysis under subsections (2) and (3) of this section by December 1, 1998."

Renumber the remaining sections consecutively.

On page 5, after line 2, insert the following:

"NEW SECTION. Sec. 4. The governor and the department of social and health services shall seek all necessary exemptions and waivers from and amendments to federal statutes, rules, and regulations and shall report to the appropriate committees in the house of representatives and senate quarterly on the efforts to secure the federal changes to permit full implementation of section 2 of this act at the earliest possible date.

NEW SECTION. Sec. 5. In the event that the department of social and health services is not able to obtain the necessary exemptions, waivers, or amendments referred to in section 4 of this act before January 1, 1998, this act shall expire on that date and shall have no further force or effect.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

MOTIONS

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

On page 1, line 2 of the title, after "67.70.255;" strike "and" and on line 3, after "RCW" insert "; creating new sections; providing a contingent expiration date; and declaring an emergency"

On motion of Senator Smith, the rules were suspended, Engrossed Senate Bill No. 5344 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 Senate Bill No. 5344.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5344 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Bauer and Moyer - 3.

ENGROSSED SENATE BILL NO. 5344, 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. 5529, by Senators McAuliffe, Rinehart, Moyer, McDonald, Wojahn and Winsley (by request of Office of Financial Management)

Changing school district levy provisions.

The bill was read the second time.

MOTION

Senator McAuliffe moved that the following Committee on Education amendments be considered simultaneously and be adopted:

On page 1, beginning on line 5, strike all material through "1997." on page 3, line 3

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

On page 5, beginning on line 31, strike all material through "1997." on line 32

Debate ensued.

The President declared the question before the Senate to be the adoption of the Committee on Education amendments on page 1, beginning on line 5, and page 5, beginning on line 31, to Senate Bill No. 5529.

The motion by Senator McAuliffe carried and the committee amendments were adopted.

MOTIONS

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

On page 1, beginning on line 1 of the title, after "levies;" strike the remainder of the title and insert "and amending RCW 84.52.0531."

On motion of Senator McAuliffe, the rules were suspended, Engrossed Senate Bill No. 5529 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 Senate Bill No. 5529.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5529 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 37.

Voting nay: Senators Bauer, Cantu, Hargrove, Haugen, Loveland, Newhouse, Rasmussen, Schow, Sellar and Snyder - 10.

Excused: Senators Anderson, C. and Moyer - 2.

ENGROSSED SENATE BILL NO. 5529, 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. 5540, by Senators Smith, Roach, C. Anderson, Schow, Franklin, Kohl and Winsley

Authorizing drug-free zones around public housing authority facilities.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 5540 was substituted for Senate Bill No. 5540 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5540 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 Senate Bill No. 5540.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5540 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

Excused: Senators Anderson, C. and Moyer - 2.

SUBSTITUTE SENATE BILL NO. 5540, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Spanel, Senator Wojahn was excused.

SECOND READING

SENATE BILL NO. 5538, by Senators McAuliffe, Pelz and Rasmussen (by request of Board of Education and Superintendent of Public Instruction Billings)

Changing state board of education staff provisions.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5538 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. 5538.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5538 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Moyer and Wojahn - 3.

SENATE BILL NO. 5538, 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. 5523, by Senators Smith and Johnson

Regulating payment of criminal defendants' costs.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 5523 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. 5523.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5523 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Moyer and Wojahn - 3.

SENATE BILL NO. 5523, 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. 5522, by Senators Smith, Roach, C. Anderson and Johnson

Regulating the use of pro tempore judges and court commissioners.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 5522 was substituted for Senate Bill No. 5522 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5522 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 Senate Bill No. 5522.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Moyer and Wojahn - 3.

SUBSTITUTE SENATE BILL NO. 5522, 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. 5407, by Senators Winsley, Haugen, Oke and Wojahn

Allowing voters to protect a portion of metropolitan park district property taxes from prorationing.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 5407 was substituted for Senate Bill No. 5407 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5407 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 Senate Bill No. 5407.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5407 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.

Voting nay: Senator Loveland - 1.

Excused: Senators Anderson, C., Moyer and Wojahn - 3.

SUBSTITUTE SENATE BILL NO. 5407, 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. 5501, by Senators Bauer, Rinehart, Oke, Prince and Wojahn (by request of Legislative Budget Committee)

Streamlining hospital regulation and inspection.

The bill was read the second time.

MOTION

On motion of Senator Quigley, the rules were suspended, Senate Bill No. 5501 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 Fairley was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5501.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5501 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.

Excused: Senators Anderson, C., Fairley, Moyer and Wojahn - 4.

SENATE BILL NO. 5501, 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. 5802, by Senators Fraser and Sellar

Regulating housing authorities.

The bill was read the second time.

MOTION

On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5802 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. 5802.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5802 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 44.

Absent: Senator Smith - 1.

Excused: Senators Anderson, C., Fairley, Moyer and Wojahn - 4.

SENATE BILL NO. 5802, 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. 5771, by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

Establishing unemployment insurance liability for third party employers.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5771 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 Smith was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5771.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5771 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 44.

Excused: Senators Anderson, C., Fairley, Moyer, Smith and Wojahn - 5.

SENATE BILL NO. 5771, 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. 5767, by Senators Deccio and McCaslin

Authorizing consolidation of municipal irrigation assessment districts.

The bill was read the second time.

MOTION

On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5767 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 Senate Bill No. 5767.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5767 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, C., Fairley, Moyer and Smith - 4.

SENATE BILL NO. 5767, 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 Pro Tempore Wojahn assumed the Chair.

SECOND READING

SENATE BILL NO. 5748, by Senators Prentice, Fraser, Sellar, Rinehart, Prince, Smith, C. Anderson, Franklin, Kohl, Heavey, Pelz and Wojahn (by request of Human Rights Commission)

Expanding the state law against discrimination.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5748 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 Senate Bill No. 5748.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5748 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Anderson, C., Fairley and Moyer - 3.

SENATE BILL NO. 5748, 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. 5633, by Senators Snyder, Swecker, Hargrove, Haugen, Morton, Hochstatter, Owen and Rasmussen

Attempting to limit the growth and spread of the noxious weed spartina.

MOTIONS

On motion of Senator Snyder, Second Substitute Senate Bill No. 5633 was substituted for Senate Bill No. 5633 and the second substitute bill was placed on second reading and read the second time.

Senator Snyder moved that the following amendment by Senators Snyder, Fraser and Morton be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that:

(1) Spartina alterniflora, Spartina anglica, and Spartina patens which are collectively called spartina are not native to the state of Washington nor to the west coast of North America. This noxious weed was inadvertently introduced into the wetlands of the state and is now aggressively invading new areas to the detriment of native ecosystems and aquatic habitat.

(2) The spread of spartina threatens to permanently convert and displace native freshwater and saltwater wetlands and intertidal zones, including critical habitat for migratory birds, many fish species, bivalves, invertebrates, marine mammals, and other animals. The continued spread of spartina will permanently reduce the diversity and the quantity of these species and will have a significant negative environmental impact.

(3) Spartina poses a significant hydrological threat. Clumps and meadows of spartina are dense environments that bind sediments and lift the intertidal gradient up out of the intertidal zone through time. This process reduces flows during flood conditions, raises flood levels, and significantly alters the hydrological regime of estuarine areas.

(4) Spartina spreads by rhizomes and seed production. Through lateral growth by rhizomes, spartina establishes a dense monotypic meadow. Through seed production and the spread of seed through the air and by water, spartina is currently being spread to other states and to Canadian provinces.

(5) Current laws and rules designed to protect the environment and preserve the wetland habitats, fish, and wildlife of the state are not designed to respond to an ecosystem-wide threat of this kind. State and federal agencies, local governments, weed boards, concerned individuals, and property owners attempting to deal with this emergency have been frustrated by interagency disagreements, demands for an undue amount of procedural and scientific process and information, dilatory appeals, and the improper application of laws and regulations by agencies that have in fact undermined the legislative purposes of those same laws while ignoring the long-term implications of delay and inaction. There is a compelling need for strong leadership, coordination, and reporting by a single state agency to respond appropriately to this urgent environmental challenge.

(6) Any further delay of control efforts will significantly increase the cost of spartina control and reduce the likelihood of long-term success. Control efforts must be coordinated across political and ownership boundaries in order to be effective.

(7) In destroying the biodiversity of tidelands and elevating tidelands, spartina places an undue financial burden upon private citizens, local governments, and taxing districts and has had a negative impact upon local economies dependent on a healthy estuarine ecosystem.

(8) The presence of noxious weeds on public lands constitutes a public nuisance and negatively impacts public and private lands. The legislature finds that control and eradication of noxious weeds on private lands is in the public interest.

NEW SECTION. Sec. 2. This state is facing an environmental disaster that will affect other states as well as other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the spartina problem that is occurring in state waters. The purpose of this act is to focus agency action on control and future eradication of spartina. It is the mandate of the legislature that one state agency be responsible for a unified effort to eliminate spartina, with the advice of the state noxious weed control board, and that state agency shall be directly accountable to the legislature on the progress of the spartina eradication program.

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

The director shall approve water quality permits to federal, state, and local agencies, and licensed applicators for the purpose of utilizing surfactants and federally approved herbicides for aquatic noxious weed control subject only to compliance with federal labeling requirements, the federal insecticide, fungicide, and rodenticide act, the noxious weed control board act, the Washington pesticide control act, the Washington pesticide application act, the state environmental policy act, and applicable environmental impact statements. The director shall not utilize this permit authority to otherwise condition or burden weed control efforts. The director's authority to issue water quality permits for activities other than the application of surfactants and approved herbicides, to control aquatic noxious weeds, is unaffected by this section.

NEW SECTION. Sec. 4. (1) All activities solely for the removal and control of Spartina alterniflora, Spartina anglica, and Spartina patens shall not require hydraulic project approval.

(2) All activities solely for removal and control of purple loosestrife that are performed with hand-held tools or hand-held equipment shall not require a hydraulic project approval.

(3) By June 30, 1997, the department of fish and wildlife shall develop a pamphlet for other aquatic noxious weed removal and control projects that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Following adoption of the pamphlet by rule, the pamphlet shall serve as a hydraulic project approval for aquatic noxious weed control for most control activities.

(4) Nothing in this section shall prohibit the department of fish and wildlife from requiring a hydraulic project approval for those parts of hydraulic projects that are not specifically for aquatic noxious weed control or removal.

Sec. 5. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

(1) Administration:

(a) "Department" means the department of ecology;

(b) "Director" means the director of the department of ecology;

(c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

(e) "Hearing board" means the shoreline hearings board established by this chapter.

(2) Geographical:

(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

(d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

(e) "Shorelines of state-wide significance" means the following shorelines of the state:

(i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

(A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,

(B) Birch Bay--from Point Whitehorn to Birch Point,

(D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and

(E) Padilla Bay--from March Point to William Point;

(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

(v) Those natural rivers or segments thereof as follows:

(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

(vi) Those wetlands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

(f) "Wetlands" or "wetland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology: PROVIDED, That any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

(3) Procedural terms:

(a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

(b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

(c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

(i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

(ii) Construction of the normal protective bulkhead common to single family residences;

(iii) Emergency construction necessary to protect property from damage by the elements;

(iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: PROVIDED, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

(v) Construction or modification of navigational aids such as channel markers and anchor buoys;

(vi) Construction on wetlands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

(vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

(viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

(ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

(x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

(xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge;

(xii) The process of removal or control of aquatic noxious weeds, listed as such under RCW 17.10.080 or 17.10.090, such as spartina, through the use of an herbicide or other treatment methods that are consistent with an applicable environmental impact statement.

Sec. 6. RCW 17.10.010 and 1987 c 438 s 1 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Noxious weed" means any plant which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices.

(2) "State noxious weed list" means a list of noxious weeds adopted by the state noxious weed control board which list is divided into three classes:

(a) Class A shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state;

(b) Class B shall consist of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region;

(3) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.

(4) "Owner" means the person in actual control of property, or his agent, whether such control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of such easement shall be deemed, for the purpose of this chapter, an "owner" of the property within the boundaries of such easement.

(5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", and the term "prevent the spread of noxious weeds" shall mean conforming to the standards of noxious weed control or prevention adopted by rule or regulation by the state noxious weed control board and an activated county noxious weed control board.

(6) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land.

(7) "Agricultural purposes" are those which are intended to provide for the growth and harvest of food and fiber.

(8) "Director" means the director of the department of agriculture or the director's appointed representative.

(9) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW.

(10) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed list under RCW 17.10.080.

Sec. 7. RCW 90.48.020 and 1987 c 109 s 122 are each amended to read as follows:

Whenever the word "person" is used in this chapter, it shall be construed to include any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual or any other entity whatsoever.

Wherever the words "waters of the state" shall be used in this chapter, they shall be construed to include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.

Whenever the word "pollution" is used in this chapter, it shall be construed to mean such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Wherever the word "department" is used in this chapter it shall mean the department of ecology.

Whenever the word "director" is used in this chapter it shall mean the director of ecology.

Whenever the words "aquatic noxious weed" are used in this chapter, they mean aquatic plant species that are listed on the state weed list under RCW 17.10.080.

NEW SECTION. Sec. 8. State agencies and local governments may not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of this act.

NEW SECTION. Sec. 9. Spartina removal shall include restoration to return intertidal land and other infested lands to the condition found on adjacent unaffected lands in the same tidal elevation. The department of fish and wildlife, the department of ecology, the department of agriculture, and the department of natural resources shall develop a restoration plan in cooperation with owners of spartina infested lands and shall submit the plan to the legislature by December 31, 1995.

NEW SECTION. Sec. 10. (1) The state department of agriculture is the lead agency for the control of spartina with the advice of the state noxious weed control board.

(2) Responsibilities of the lead agency include:

(a) Coordination of the control program including memorandums of understanding, contracts, and agreements with local, state, federal, and tribal governmental entities and private parties;

(b) Preparation of a state-wide spartina management plan utilizing integrated vegetation management strategies that encompass all of Washington's tidelands. The plan shall be developed in cooperation with local, state, federal, and tribal governments, private landowners, and concerned citizens. The plan shall prioritize areas for control, including directing on the ground control efforts that include, but are not limited to: (i) Control work and contracts; (ii) spartina survey; (iii) collection and maintenance of spartina location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and (vi) site-specific environmental information and documents; and

The lead agency shall report no later than May 15th and December 15th of each year on the progress of the program, the number of acres treated by various methods of control, and on the funds spent.

NEW SECTION. Sec. 11. The department of agriculture shall work in close conjunction with the state weed board. The department of agriculture may grant funds to other state agencies, local governments, and nonprofit corporations for eradication purposes and may use those moneys itself. The department of agriculture may match private funds for eradication programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level shall be conducted by the department of agriculture.

NEW SECTION. Sec. 12. The department of natural resources is responsible for spartina control on state-owned aquatic lands managed by the department of natural resources.

NEW SECTION. Sec. 13. Facilitating the control of spartina is a high priority for all state agencies.

NEW SECTION. Sec. 14. The department of fish and wildlife is responsible for spartina control on state-owned aquatic lands managed by the department of fish and wildlife.

NEW SECTION. Sec. 15. The state parks and recreation commission is responsible for spartina control on state-owned aquatic lands managed by the state parks and recreation commission.

NEW SECTION. Sec. 16. Sections 1, 2, 4, and 8 through 15 of this act shall constitute a new chapter in Title 17 RCW.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

POINT OF INQUIRY

Senator Ann Anderson: "Senator Snyder, I am just trying to quickly look over the striking amendment, because it is the first time that I have seen it. I know that we put a lot of work in on committee on this particular bill. As far as I can tell, the striking amendment really pretty closely tracks the bill that was passed out of committee. Can you just point out any pertinent differences--why we have the striking amendment versus the substitute bill that we passed out of committee?"

Senator Snyder: "I think, primarily, it is the permitting process on the hydraulic permit. Now, for spartina there is none. As long as you follow the EIS, which there is an EIS for the removal of spartina and also this latest version for milfoil and purple loosestrife. There is going to be a pamphlet developed by the Department of Fisheries and Wildlife to allow people, instead of going in and getting a hydraulics permit, the pamphlet will tell them at which times of the year, they can remove or use mechanical means of going in and eradicating milfoil and purple loosestrife. I think--Senator Morton looked this over and I think he was in full agreement with what this does."

Senator Ann Anderson: "Senator Snyder, I think I see the difference in Section 4 on the hydraulics permit. Is that the section that you have changed and as I read it, in Section 4, you have separated spartina from the purple loosestrife problems. In the substitute bill, we handled all of those the same, and this has two different methods of dealing with those?"

Senator Snyder: "Yes, that is correct."

Senator Ann Anderson: "Okay."

Vice President Pro Tempore Franklin assumed the Chair.

POINT OF INQUIRY

Senator Heavey: "Senator Snyder, there are a lot of weeds out there. Obviously, you have mentioned purple loosestrife and milfoil also, but this essentially addresses spartina. There are a lot of good projects out there that shouldn't, in my opinion, require a hydraulics project approval. I was wondering why, just take in spartina, why not expand this bill to take in more activities?"

Senator Snyder: "I think we made a pretty good step forward and maybe we can take care of some of the other problems in future legislation, but this does, I think, a good job for spartina, purple loosestrife and milfoil."

POINT OF INQUIRY

Senator Hochstatter: "Senator Snyder, it seems like objections to your bill are growing up like weeds. Would you yield to a question? In Section 4, my concern is loosestrife and the ability to spray. Can loosestrife be treated with chemicals in the second substitute?"

Senator Snyder: "Yes, the only restriction will be for--you are able to spray, you are able to use hand-held mechanical devices. The only thing you will have to get a hydraulics permit for is to use the larger devices like the mowing machines, and so forth for purple loosestrife. After two years, after the Fisheries and Wildlife develops a pamphlet, then all you have to do is to follow the requirements that are in the pamphlet and you won't have to go in and get a hydraulics permit from time to time."

Senator Hochstatter: "Thank you."

The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Snyder, Fraser and Morton to Second Substitute Senate Bill No. 5633.

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

MOTIONS

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

On page 1, line 1 of the title, after "control;" strike the remainder of the title and insert "amending RCW 90.58.030, 17.10.010, and 90.48.020; adding a new section to chapter 90.48 RCW; adding a new chapter to Title 17 RCW; and declaring an emergency."

On motion of Senator Snyder, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5633 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5633.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5633 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Voting nay: Senator Heavey - 1.

Excused: Senators Anderson, C., Fairley and Moyer - 3.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5633, 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. 5199, by Senators Quigley, Winsley, Haugen, Snyder, Sheldon, McAuliffe, Franklin and Drew (by request of Governor Lowry)

Eliminating and consolidating boards and commissions.

MOTIONS

On motion of Senator Quigley, Substitute Senate Bill No. 5199 was substituted for Senate Bill No. 5199 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the following amendment by Senators Haugen and Winsley was adopted:

On page 7, beginning on line 16, strike all of sections 401 and 402 and insert the following:

"NEW SECTION. Sec. 401. The legislature finds that the economic opportunities for cosmetologists, barbers, estheticians, and manicurists have deteriorated in this state as a result of the lack of skilled practitioners, inadequate licensing controls, and inadequate enforcement of health standards. To increase the opportunities for individuals to earn viable incomes in these professions and to protect the general health of the public, the state cosmetology, barbering, esthetics, and manicuring advisory board should be reconstituted and given a new charge to develop appropriate responses to this situation, including legislative proposals.

Sec. 402. RCW 18.16.050 and 1991 c 324 s 3 are each amended to read as follows:

(1) There is created a state cosmetology, barbering, esthetics, and manicuring advisory board consisting of ((five)) seven members appointed by the ((governor who shall advise the director concerning the administration of this chapter)) director. ((Four)) These seven members of the board shall include ((a minimum of two instructors)) a representative of a private cosmetology school and a representative of a public vocational technical school involved in cosmetology training, with the balance made up of currently practicing licensees who have been engaged in the practice of manicuring, esthetics, barbering, or cosmetology for at least three years. One member of the board shall be a consumer who is unaffiliated with the cosmetology, barbering, esthetics, or manicuring industry. The term of office for all board members ((is three years)) serving as of the effective date of this section expires June 30, 1995. On June 30, 1995, the director shall appoint seven new members to the board. These new members shall serve a term of two years, at the conclusion of which the board shall cease to exist. Any members serving on the advisory board as of the effective date of this act are eligible to be reappointed. Any board member may be removed for just cause. The director may appoint a new member to fill any vacancy on the ((committee)) board for the remainder of the unexpired term. ((No board member may serve more than two consecutive terms, whether full or partial.))

(2) The board appointed on June 30, 1995, together with the director or the director's designee, shall conduct a thorough review of educational requirements, licensing requirements, and enforcement and health standards for persons engaged in cosmetology, barbering, esthetics, or manicuring and shall prepare a report to be delivered to the governor, the director, and the chairpersons of the governmental operations committees of the house of representatives and the senate. The report must summarize their findings and make recommendations, including, if appropriate, recommendations for legislation reforming and restructuring the regulation of cosmetology, barbering, esthetics, and manicuring.

(3) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060."

MOTIONS

On motion of Senator Owen, the following amendment by Senators Owen and Quigley was adopted:

On page 33, after line 9, insert the following:

"(4) The director shall establish an advisory committee to develop new and review existing technical provisions for hydraulic project permit conditions that would commonly apply to bulkhead construction. The purpose of the advisory committee shall be to develop recommendations for legislative and rule changes that (1) protect against the loss of property of waterfront shoreline owners; (2) facilitate the timely issuance of hydraulic permits and the prompt completion of projects; (3) reduce subjective project approval decisions by the department; and (4) foster better working relationships between bulkhead contractors, landowners, and the department. These recommendations shall be based on scientific evidence that demonstrates the association of project activities with impacts on fish life. The advisory committee shall be comprised of technical experts in the field of bulkhead construction, civil engineering, hydrology, and fish biology. By January 1, 1996 the committee shall submit recommendations to the director and the natural resources committees of the House and Senate. The advisory committee shall expire on December 31, 1996."

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

On page 51, line 9, after "same,))" insert "after conducting a hearing"

MOTION

On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 5199 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5199.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5199 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Anderson, C. and Moyer - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5199, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Pritchard assumed the Chair.

SECOND READING

SENATE BILL NO. 5442, by Senators Rasmussen, Morton, Loveland, Prince, Snyder and Newhouse

Directing the state weeds board to study weed control on state lands.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5442 was substituted for Senate Bill No. 5442 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5442 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 Franklin was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5442.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5442 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, C., Franklin and Moyer - 3.

SUBSTITUTE SENATE BILL NO. 5442, 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. 5437, by Senator Prentice (by request of Insurance Commissioner Senn)

Disclosing material transactions.

The bill was read the second time.

MOTIONS

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

On page 4, line 2, after "more" strike "authorized" and insert "unauthorized"

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5437 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 Senate Bill No. 5437.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5437 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Anderson, C. and Moyer - 2.

ENGROSSED SENATE BILL NO. 5437, 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. 5434, by Senators Prentice, Hale and Fraser (by request of Insurance Commissioner Senn)

Amending licensing requirements of general agents.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5434 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. 5434.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5434 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Anderson, C. and Moyer - 2.

SENATE BILL NO. 5434, 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. 5207, by Senators Winsley, Haugen and Rasmussen

Clarifying annexation authority by municipal corporations providing sewer or water service of unincorporated territory.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 5207 was substituted for Senate Bill No. 5207 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5207 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTIONS

On motion of Senator Loveland, Senator Prentice was excused.

On motion of Senator Heavey, Senator Franklin was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5207.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5207 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, C., Franklin, Moyer and Prentice - 4.

SUBSTITUTE SENATE BILL NO. 5207, 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. 5548, by Senators Fraser, Heavey, Hale, Newhouse, Deccio and Haugen

Changing the registration requirements relating to professional land surveyors and engineers.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5548 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. 5548.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5548 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

Excused: Senators Anderson, C., Franklin, Moyer and Prentice - 4.

SENATE BILL NO. 5548, 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. 5727, by Senators Drew, Haugen, C. Anderson, Sheldon, Swecker, Winsley and Kohl (by request of Secretary of State Munro)

Updating accessibility requirements for polling and registration places.

MOTIONS

On motion of Senator Sheldon, Substitute Senate Bill No. 5727 was substituted for Senate Bill No. 5727 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 5727 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 Senate Bill No. 5727.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5727 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senator Palmer - 1.

Excused: Senators Anderson, C., Franklin, Moyer and Prentice - 4.

SUBSTITUTE SENATE BILL NO. 5727, 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. 5724, by Senators Quigley, Long and Haugen (by request of State Law Library)

Simplifying publication and distribution of court reports.

MOTIONS

On motion of Senator Smith, Substitute Senate Bill No. 5724 was substituted for Senate Bill No. 5724 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5724 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 Senate Bill No. 5724.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5724 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, C., Moyer and Prentice - 3.

SUBSTITUTE SENATE BILL NO. 5724, 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. 5705, by Senators Newhouse, Prentice, Pelz, Wojahn, Hale, Heavey, Deccio, Palmer, Prince and Winsley (by request of Joint Task Force on Unemployment Insurance)

Establishing requirements for work force development programs in the employment security department.

The bill was read the second time.

MOTION

On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5705 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Kohl, Senator Loveland was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5705.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5705 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

Excused: Senators Anderson, C., Loveland and Moyer - 3.

SENATE BILL NO. 5705, 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. 5699, by Senators Fraser, Prince and Rasmussen (by request of Secretary of State Munro)

Revising provisions relating to international student exchange visitor placement organizations.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 5699 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Sheldon, Senator Fairley was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5699.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5699 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senator Anderson, A. - 1.

Excused: Senators Anderson, C., Fairley, Loveland and Moyer - 4.

SENATE BILL NO. 5699, 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. 5759, by Senators Pelz, Smith, Prince, Rinehart, Winsley, Heavey, Quigley, Drew, Prentice, Finkbeiner, Fairley, Fraser, Spanel, C. Anderson, Kohl and Wojahn

Including crimes committed to obstruct or hinder legal abortions on the list of aggravating circumstances for the purposes of imposing exceptional sentences.

The bill was read the second time.

MOTION

On motion of Senator Smith, the rules were suspended, Senate Bill No. 5759 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 Senate Bill No. 5759.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5759 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Haugen, Heavey, Kohl, Loveland, McAuliffe, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 29.

Voting nay: Senators Anderson, A., Cantu, Deccio, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Oke, Palmer, Roach, Schow, Strannigan, Swecker, West and Wood - 18.

Excused: Senators Anderson, C. and Moyer - 2.

SENATE BILL NO. 5759, 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. 6011, by Senator McAuliffe

Changing provisions relating to the purchase of liability insurance by school districts.

The bill was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, Senate Bill No. 6011 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. 6011.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6011 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Anderson, C. and Moyer - 2.

SENATE BILL NO. 6011, 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. 5387, by Senators Wojahn, Winsley, Franklin, Haugen, Rasmussen, McCaslin and West

Providing tax incentives for multiple-unit housing in urban centers.

MOTIONS

On motion of Senator Prentice, Second Substitute Senate Bill No. 5387 was substituted for Senate Bill No. 5387 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Wojahn, the rules were suspended, Second Substitute Senate Bill No. 5387 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. 5387.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5387 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senators Cantu, Hochstatter and Loveland - 3.

Excused: Senators Anderson, C. and Moyer - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5387, 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 7:37 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Saturday, March 11, 1995.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate