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EIGHTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, April 8, 1999
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Costa, Deccio, Finkbeiner, Gardner, Haugen, Heavey, McDonald, Patterson, Rasmussen, Sellar, Tim Sheldon and Swecker. On motion of Senator Honeyford, Senators Deccio, McDonald and Sellar were excused. On motion of Senator Eide, Senators Costa, Gardner, Heavey and Tim Sheldon were excused.
The Sergeant at Arms Color Guard consisting of Pages Chrissa Lugg and Laura Sieberson, presented the Colors. Reverend Joan Anthony, pastor of St. Benedict's Episcopal Church of Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
April 7, 1999
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5114,
SENATE BILL NO. 5196,
SUBSTITUTE SENATE BILL NO. 5197,
SENATE BILL NO. 5198,
SENATE BILL NO. 5211,
SUBSTITUTE SENATE BILL NO. 5234,
SENATE BILL NO. 5253,
SENATE BILL NO. 5347,
SENATE BILL NO. 5442,
SUBSTITUTE SENATE BILL NO. 5573,
SUBSTITUTE SENATE BILL NO. 5609,
SUBSTITUTE SENATE BILL NO. 5651,
SENATE BILL NO. 5652,
SENATE BILL NO. 5772,
SUBSTITUTE SENATE BILL NO. 5928,
SENATE BILL NO. 5954,
SENATE BILL NO. 6030, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5114,
SENATE BILL NO. 5196,
SUBSTITUTE SENATE BILL NO. 5197,
SENATE BILL NO. 5198,
SENATE BILL NO. 5211,
SUBSTITUTE SENATE BILL NO. 5234,
SENATE BILL NO. 5253,
SENATE BILL NO. 5347,
SENATE BILL NO. 5442,
SUBSTITUTE SENATE BILL NO. 5573,
SUBSTITUTE SENATE BILL NO. 5609,
SUBSTITUTE SENATE BILL NO. 5651,
SENATE BILL NO. 5652,
SENATE BILL NO. 5772,
SUBSTITUTE SENATE BILL NO. 5928,
SENATE BILL NO. 5954,
SENATE BILL NO. 6030.
INTRODUCTION AND FIRST READING
SCR 8409 by Senators Goings, Oke, Shin, Gardner, Swecker, Roach, B. Sheldon, Snyder, McCaslin, McAuliffe, Franklin, Rasmussen and Eide
Creating a Joint Select Committee on Veterans and Military Affairs.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended and Senate Concurrent Resolution No. 8409 was advanced to second reading and placed on the second reading calendar.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9105, Dennis R. Colwell, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.
APPOINTMENT OF DENNIS R. COLWELL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 5; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 37.
Absent: Senators Finkbeiner, Haugen, Patterson, Rasmussen and Swecker - 5.
Excused: Senators Costa, Deccio, Gardner, Heavey, McDonald, Sellar, and Sheldon , T. - 7.
MOTION
On motion of Senator Eide, Senators Haugen, Patterson and Rasmussen were excused.
MOTION
On motion of Senator Honeyford, Senators Finkbeiner and Swecker were excused.
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9163, Kathleen Quigg, as a member of the Board of Trustees for Grays Harbor Community College No. 2, was confirmed.
APPOINTMENT OF KATHLEEN QUIGG
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 0; Excused, 11.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 38.
Excused: Senators Deccio, Finkbeiner, Gardner, Haugen, Heavey, McDonald, Patterson, Rasmussen, Sellar, Sheldon, T. and Swecker - 11.
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9126, Robert J. Hitt, as a member of the Board of Trustees for Grays Harbor Community College District No. 2, was confirmed.
APPOINTMENT OF ROBERT J. HITT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 40.
Excused: Senators Deccio, Gardner, Haugen, Heavey, McDonald, Patterson, Rasmussen, Sellar, and Sheldon, T. - 9.
MOTION
On motion of Senator Loveland, Gubernatorial Appointment No. 9177, Mary Grant Tompkins, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.
APPOINTMENT OF MARY GRANT TOMPKINS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Excused: Senators Deccio, Gardner, Haugen, McDonald, Rasmussen, Sellar, and Sheldon, T. - 7.
MOTION
On motion of Senator Honeyford, Senator Long was excused.
MOTION
On motion of Senator Loveland, Gubernatorial Appointment No. 9149, Jon W. McFarland, as a member of the Board of Trustees for Walla Walla Community College District No. 20, was confirmed.
APPOINTMENT OF JON W. McFARLAND
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Deccio, Gardner, Long, McDonald, Sellar, and Sheldon, T. - 6.
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9039, Dora C. Reyes, as a member of the Board of Trustees for Walla Walla Community College District No. 20 was confirmed.
APPOINTMENT OF DORA C. REYES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Deccio, Gardner, McDonald, and Sheldon, T. - 4.
MOTION
On motion of Senator Eide, Gubernatorial Appointment No. 9005, Ann Daley, as a member of the Pollution Control/Shorelines Hearings Board, was confirmed.
APPOINTMENT OF ANN DALEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Voting nay: Senator Benton - 1.
Excused: Senator Gardner - 1.
SECOND READING
HOUSE BILL NO. 1027, by Representatives Scott, Huff, Lantz, Conway and McDonald (by request of Criminal Justice Training Commission)
Expanding the membership of the criminal justice training commission.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, House Bill No. 1027 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1027.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1027 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.
Excused: Senator Gardner - 1.
HOUSE BILL NO. 1027, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1140, by House Committee on Appropriations (originally sponsored by Representatives Carlson, Kenney, Radcliff, Lantz, Dunn, Esser, Edmonds, Cooper, Campbell and K. Schmidt)
Changing higher education financial aid provisions.
The bill was read the second time.
MOTION
Senator Kohl-Welles moved that the following Committee on Higher Education striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:
(1) The legislature finds that the higher education coordinating board, in consultation with the higher education community, has completed a review of the state need grant program. It is the intent of the legislature to endorse the board's proposed changes to the state need grant program, including:
(a) Reaffirmation that the primary purpose of the state need grant program is to assist low-income, needy, and disadvantaged Washington residents attending institutions of higher education;
(b) A goal that the base state need grant amount over time be increased to be equivalent to the rate of tuition charged to resident undergraduate students attending Washington state public colleges and universities;
(c) State need grant recipients be required to contribute a portion of the total cost of their education through self-help;
(d) State need grant recipients be required to document their need for dependent care assistance after taking into account other public funds provided for like purposes; and
(e) Institutional aid administrators be allowed to determine whether a student eligible for a state need grant in a given academic year may remain eligible for the ensuing year if the student's family income increases by no more than a marginal amount.
(2) The legislature further finds that the higher education coordinating board, under its authority to implement the proposed changes in subsection (1) of this section, should do so in a timely manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should not extend beyond five years or one hundred twenty-five percent of the published length of the program in which the student is enrolled or the credit or clock-hour equivalent; and
(b) State financial aid programs should continue to adhere to the principle that funding follows resident students to their choice of institution of higher education.
Sec. 2. RCW 28B.10.800 and 1993 sp.s. c 18 s 2 are each amended to read as follows:
The ((sole)) purposes of RCW 28B.10.800 through 28B.10.824 ((is)) are to establish ((a)) the principles upon which the state financial aid programs will be based and to establish the state of Washington ((student financial aid)) state need grant program, thus assisting financially needy or disadvantaged students domiciled in Washington to obtain the opportunity of attending an accredited institution of higher education, as defined in RCW 28B.10.802(1). ((Financial aid)) State need grants under RCW 28B.10.800 through 28B.10.824 ((is)) are available only to students who are resident students as defined in RCW 28B.15.012(2) (a) through (d).
Sec. 3. RCW 28B.10.804 and 1995 c 269 s 801 are each amended to read as follows:
The ((commission)) board shall be cognizant of the following guidelines in the performance of its duties:
(1) The ((commission)) board shall be research oriented, not only at its inception but continually through its existence.
(2) The ((commission)) board shall coordinate all existing programs of financial aid except those specifically dedicated to a particular institution by the donor.
(3) The ((commission)) board shall take the initiative and responsibility for coordinating all federal student financial aid programs to ((insure)) ensure that the state recognizes the maximum potential effect of these programs, and shall design ((the)) state programs ((which)) that complement((s)) existing federal, state, and institutional programs. The board shall ensure that state programs continue to follow the principle that state financial aid funding follows the student to the student's choice of institution of higher education.
(4) Counseling is a paramount function of the state need grant and other state student financial aid programs, and in most cases could only be properly implemented at the institutional levels; therefore, state student financial aid programs shall be concerned with the attainment of those goals which, in the judgment of the ((commission)) board, are the reasons for the existence of a student financial aid program, and not solely with administration of the program on an individual basis.
(5) The "package" approach of combining loans, grants and employment for student financial aid shall be the ((conceptional)) conceptual element of the state's involvement.
Sec. 4. RCW 28B.10.806 and 1989 c 254 s 3 are each amended to read as follows:
The ((commission)) board shall have the following powers and duties:
(1) Conduct a full analysis of student financial aid as a means of:
(a) Fulfilling educational aspirations of students of the state of Washington, and
(b) Improving the general, social, cultural, and economic character of the state.
Such an analysis will be a continuous one and will yield current information relevant to needed improvements in the state program of student financial aid. The ((commission)) board will disseminate the information yielded by their analyses to all appropriate individuals and agents.
(((c) This study should include information on the following:
(i) all programs and sources of available student financial aid,
(ii) distribution of Washington citizens by socio-economic class,
(iii) data from federal and state studies useful in identifying:
(A) demands of students for specific educational goals in colleges, and
(B) the discrepancy between high school students' preferences and the colleges they actually selected.))
(2) Design a state program of student financial aid based on the data of the study referred to in this section. The state programs will supplement available federal and local aid programs. The state programs of student financial aid will not exceed the difference between the budgetary costs of attending an institution of higher ((learning)) education and the student's total resources, including family support, personal savings, employment, and federal, state, and local aid programs.
(3) Determine and establish criteria for financial need of the individual applicant based upon the consideration of that particular applicant. In making this determination the ((commission)) board shall consider the following:
(a) Assets and income of the student.
(b) Assets and income of the parents, or the individuals legally responsible for the care and maintenance of the student.
(c) The cost of attending the institution the student is attending or planning to attend.
(d) Any other criteria deemed relevant to the ((commission)) board.
(4) Set the amount of financial aid to be awarded to any individual needy or disadvantaged student in any school year.
(5) Award financial aid to needy or disadvantaged students for a school year based upon only that amount necessary to fill the financial gap between the budgetary cost of attending an institution of higher education and the family and student contribution.
(6) Review the need and eligibility of all applications on an annual basis and adjust financial aid to reflect changes in the financial need of the recipients and the cost of attending the institution of higher education.
Sec. 5. RCW 28B.10.808 and 1991 c 164 s 4 are each amended to read as follows:
In awarding need grants, the ((commission)) board shall proceed substantially as follows: PROVIDED, That nothing contained herein shall be construed to prevent the ((commission)) board, in the exercise of its sound discretion, from following another procedure when the best interest of the program so dictates:
(1) The ((commission)) board shall annually select the financial aid award ((winners)) recipients from among Washington residents applying for student financial aid who have been ranked according to financial need as determined by the amount of the family contribution and other considerations brought to the ((commission's)) board's attention.
(2) The financial need of the highest ranked students shall be met by grants depending upon the evaluation of financial need until the total allocation has been disbursed. Funds from grants which are declined, forfeited or otherwise unused shall be reawarded until dispersed.
(3) ((A grant may be renewed until the course of study is completed, but not for more than an additional four academic years beyond the first year of the award. These shall not be required to be consecutive years)) A student shall be eligible to receive a state need grant for up to five years, or the credit or clock hour equivalent of five years, or up to one hundred twenty-five percent of the published length of time of the student's program. A student may not start a new associate degree program as a state need grant recipient until at least five years have elapsed since earning an associate degree as a need grant recipient, except that a student may earn two associate degrees concurrently. Qualifications for renewal will include maintaining satisfactory academic ((standing)) progress toward completion of ((the course of study, and continued eligibility)) an eligible program as determined by the ((commission)) board. Should the recipient terminate his or her enrollment for any reason during the academic year, the unused portion of the grant shall be returned to the state educational grant fund by the institution according to the institution's own policy for issuing refunds, except as provided in RCW 28B.10.8081.
(4) In computing financial need, the ((commission)) board shall determine a maximum student expense budget allowance, not to exceed an amount equal to the total maximum student expense budget at the public institutions plus the current average state appropriation per student for operating expense in the public institutions.
Sec. 6. RCW 28B.10.810 and 1989 c 254 s 5 are each amended to read as follows:
For a student to be eligible for ((financial aid the)) a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as determined by the ((commission)) board in accordance with RCW 28B.10.802 (3) and (4).
(2) Have been domiciled within the state of Washington for at least one year.
(3) Be enrolled or accepted for enrollment on at least a half-time basis at an institution of higher education in Washington as defined in RCW 28B.10.802(1).
(4) Have complied with all the rules and regulations adopted by the ((commission)) board for the administration of RCW 28B.10.800 through 28B.10.824.
Sec. 7. RCW 28B.10.822 and 1973 c 62 s 4 are each amended to read as follows:
The ((commission)) board shall adopt rules ((and regulations)) as may be necessary or appropriate for effecting the provisions of RCW 28B.10.800 through 28B.10.824 and section 1 of this act, and not in conflict with RCW 28B.10.800 through 28B.10.824, in accordance with the provisions of chapter 34.05 RCW, the ((state higher education)) administrative procedure act.
"MOTION
Senator West moved that the following amendment by Senators West, Sheahan and Kohl-Welles to the Committee on Higher Education striking amendment be adopted:
On page 6, after line 11 of the committee amendment, insert the following:
"NEW SECTION. Sec. 8. A new section is added to chapter 28B.15 RCW to read as follows:
In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive all or a portion of the operating fees for any student. State general fund appropriations shall not be provided to replace tuition and fees revenue forgone as a result of waivers granted under this section. The governing boards shall take public action to adopt rules for granting tuition waivers authorized under this section. Actions by governing boards of community colleges to grant waivers under this section shall be subject to rules of the state board for community and technical colleges.
NEW SECTION. Sec. 9. The higher education coordinating board, with the assistance of the institutions of higher education, shall evaluate the impact and the effectiveness of the new waiver authority granted under this act. The evaluation shall include, but not be limited to: (1) Information on how the institutions used their authority to waive tuition, including what rates were put into effect for categories of students or programs, and the impact on tuition revenue; and (2) an analysis of the impact of additional waivers on student enrollment patterns including changes in the proportion of resident students, changes in the proportion of undergraduate students and changes in the proportion of day-on-campus students. By November 1, 2000, the board shall report its findings and make recommendations to the governor and the legislature.
Sec. 10. RCW 28B.15.066 and 1995 1st sp.s. c 9 s 3 are each amended to read as follows:
It is the intent of the legislature that:
In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:
(1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;
(2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; and
(3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue forgone as a result of or for waivers granted under section 8 of this act.
Sec. 11. RCW 28B.15.910 and 1998 c 346 s 904 are each amended to read as follows:
(1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsection (3) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue set forth below. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992.
(a) University of Washington 21 percent
(b) Washington State University 20 percent
(c) Eastern Washington University 11 percent
(d) Central Washington University 8 percent
(e) Western Washington University 10 percent
(f) The Evergreen State College 6 percent
(g) Community colleges as a whole 35 percent
(2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following:
(a) RCW 28B.10.265;
(b) RCW 28B.15.014;
(c) RCW 28B.15.100;
(d) RCW 28B.15.225;
(e) RCW 28B.15.380;
(f) RCW 28B.15.520;
(g) RCW 28B.15.526;
(h) RCW 28B.15.527;
(i) RCW 28B.15.543;
(j) RCW 28B.15.545;
(k) RCW 28B.15.555;
(l) RCW 28B.15.556;
(m) RCW 28B.15.615;
(n) RCW 28B.15.620;
(o) RCW 28B.15.628;
(p) RCW 28B.15.730;
(q) RCW 28B.15.740;
(r) RCW 28B.15.750;
(s) RCW 28B.15.756;
(t) RCW 28B.50.259;
(u) RCW 28B.70.050;
(v) RCW 28B.80.580; and
(w) During the 1997-99 fiscal biennium, the western interstate commission for higher education undergraduate exchange program for students attending Eastern Washington University.
(3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540; and
(c) RCW 28B.15.558."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators West, Sheahan and Kohl-Welles on page 6, after line 21, to the Committee on Higher Education striking amendment to Second Substitute House Bill No. 1140.
The motion by Senator West carried and the amendment to the committee striking amendment was adopted.
The President declared the question before the Senate to be the adoption of the Committee on Higher Education striking amendment, as amended, to Second Substitute House Bill No. 1140.
The Committee on Higher Education striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Kohl-Welles, the following title amendments were considered simultaneously and were adopted:
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.10.800, 28B.10.804, 28B.10.806, 28B.10.808, 28B.10.810, and 28B.10.822; and adding a new section to chapter 28B.10 RCW."
On page 6, line 17 of the committee title amendment, after "28B.10.810" strike the remainder of the title and insert ", 28B.10.822, 28B.15.066, and 28B.15.910; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.15 RCW; and creating a new section."
On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute House Bill No. 1140, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1140, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1140, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Gardner and Loveland - 2.
SECOND SUBSTITUTE HOUSE BILL NO. 1140, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1766, by Representatives Romero, McMorris, D. Schmidt, Dunshee, Miloscia, Conway, Campbell, Lambert and Haigh
Requiring identification of subcontractors in bids on public works.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1766 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1766.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1766 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Voting nay: Senator Swecker - 1.
Excused: Senators Gardner and Loveland - 2.
HOUSE BILL NO. 1766, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1331, by Representatives Buck, Sump, Regala, Anderson, Lantz, Doumit, G. Chandler, Pennington, Hatfield, Rockefeller, D. Sommers, Koster, Benson, Wolfe and Mulliken (by request of Parks and Recreation Commission)
Using volunteers at the state parks and recreation commission.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1331 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1331.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1331 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Absent: Senator Morton - 1.
Excused: Senators Gardner and Loveland - 2.
HOUSE BILL NO. 1331, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1701, by House Committee on Natural Resources (originally sponsored by Representatives Buck, Doumit, Radcliff, Kessler, Sump, Miloscia, Barlean, Regala, Schoesler, DeBolt, Hatfield, Tokuda, Eickmeyer, Mielke, Pennington, B. Chandler, Alexander, Clements and Mastin)
Allowing for the use of funds to dredge marine recreation land.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.99.080 and 1995 c 166 s 5 are each amended to read as follows:
Moneys transferred to the recreation resource account from the marine fuel tax refund account may be used when appropriated by the legislature, as well as any federal or other funds now or hereafter available, to pay the necessary administrative and coordinative costs of the interagency committee for outdoor recreation established by RCW 43.99.110. All moneys so transferred, except those appropriated as aforesaid, shall be divided into two equal shares and shall be used to benefit watercraft recreation in this state as follows:
(1) One share as grants to state agencies for (a) acquisition of title to, or any interests or rights in, marine recreation land, (b) capital improvement and renovation of marine recreation land, including periodic dredging if needed, to maintain or make the facility more useful, or (c) matching funds in any case where federal or other funds are made available on a matching basis for purposes described in (a) or (b) of this subsection;
(2) One share as grants to public bodies to help finance (a) acquisition of title to, or any interests or rights in, marine recreation land, or (b) capital improvement and renovation of marine recreation land, including periodic dredging if needed, to maintain or make the facility more useful. A public body is authorized to use a grant, together with its own contribution, as matching funds in any case where federal or other funds are made available for purposes described in (a) or (b) of this subsection. The committee may prescribe further terms and conditions for the making of grants in order to carry out the purposes of this chapter."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "account;" strike the remainder of the title and insert "and amending RCW 43.99.080."
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1701, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1701, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1701, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senators Hargrove and Morton - 2.
Excused: Senators Gardner and Loveland - 2.
SUBSTITUTE HOUSE BILL NO. 1701, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 10:14 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 2:03 p.m. by President Owen.
MOTIONS
On motion of Senator Franklin, Senators Fairley and Thibaudeau were excused.
On motion of Senator Eide, Senators Hargrove, Heavey Jacobsen and Snyder were excused.
MOTION
On motion of Senator Honeyford, Senators Johnson, McCaslin, Stevens, Winsley and Zarelli were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Kline, Gubernatorial Appointment No. 9021, Rodney Kawakami, as a member of the Board of Trustees for Renton Technical College District No. 27, was confirmed.
APPOINTMENT OF RODNEY KAWAKAMI
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 34; Nays, 0; Absent, 3; Excused, 12.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Kline, Kohl-Welles, Long, Loveland, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, West and Wojahn - 34. Absent: Senators Bauer, McAuliffe and McDonald - 3. Excused: Senators Fairley, Gardner, Hargrove, Heavey, Jacobsen, Johnson, McCaslin, Snyder, Stevens, Thibaudeau, Winsley and Zarelli - 12.
MOTION
On motion of Senator Goings, Senator McAuliffe was excused.
MOTION
On motion of Senator Costa, Gubernatorial Appointment No. 9025, Joseph D. Lehman, as Secretary of the Department of Corrections, was confirmed.
Senators Costa, Long and Stevens spoke to the confirmation of Joseph D. Lehman as Secretary of the Department of Corrections.
APPOINTMENT OF JOSEPH D. LEHMAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Wojahn - 41.
Excused: Senators Fairley, Gardner, Hargrove, Heavey, Johnson, McAuliffe, Winsley and Zarelli - 8.
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9044, James M. Sims, as Director of the Pollution Liability Insurance Program, was confirmed.
Senators Prentice and Benton spoke to the confirmation of James M. Sims as Director of the Pollution Liability Insurance Program.
APPOINTMENT OF JAMES M. SIMS
The Secretary called the roll and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 43.
Absent: Senator Fraser - 1.
Excused: Senators Fairley, Gardner, Hargrove, Heavey and Winsley - 5.
MOTION
On motion of Senator Kline, Gubernatorial Appointment No. 9058, John Charles, as Director of the Department of Retirement Systems, was confirmed.
MOTION
On motion of Senator Franklin, Senators Bauer, Loveland and McAuliffe were excused.
APPOINTMENT OF JOHN CHARLES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 39.
Absent: Senator Finkbeiner - 1.
Excused: Senators Bauer, Fairley, Gardner, Hargrove, Heavey, Honeyford, Loveland, McAuliffe and Winsley - 9.
MOTION
On motion of Senator Franklin, Gubernatorial Appointment No. 9066, Howard N. Jorgenson, as a member of the Personnel Appeals Board, was confirmed.
APPOINTMENT OF HOWARD N. JORGENSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 42.
Excused: Senators Fairley, Gardner, Hargrove, Heavey, Honeyford, Loveland and Winsley - 7.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1681, by House Committee on Appropriations (originally sponsored by Representatives Buck, Grant, Sump, Schoesler, Boldt, Mastin and McMorris)
Establishing a program to purchase and plant privately grown trout.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Ways and Means striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that it is beneficial to improve opportunities for trout fishing in order to satisfy the public's demand for recreational fishing during a time of declining opportunities to catch anadromous salmon and steelhead trout.
Fish farmers can produce trout in a triploid genetic configuration for the purpose of certifying that the fish are sterile and that they cannot interbreed with wild trout. These fish are ideally suited to planting into public lakes and ponds to provide immediate recreational fishing at a reasonable cost. The fish continue to grow throughout their life cycle and have the potential to grow to trophy size.
Planting of these catchable trout can provide increased angler participation, increased fishing license sales, increased tourism activities, and a boost to local economies.
The department of fish and wildlife is authorized to purchase these privately produced fish to supplement existing department trout hatchery production. The planting of these catchable trout in water bodies with water quality sufficient to support fish life must not have an adverse impact on the wild trout population.
NEW SECTION. Sec. 2. The fish and wildlife commission in consultation with the department is authorized to determine which waters of the state are appropriate for this use during the 1999 and 2000 calendar years. In making this determination, the commission shall seek geographic distribution to assure opportunity to fishers state-wide.
The commission in consultation with the department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body.
NEW SECTION. Sec. 3. The fish and wildlife commission may authorize purchase of privately produced fish only if the cost of the program will be recovered by the increase in license sales directly attributable to the planting of these privately purchased fish.
NEW SECTION. Sec. 4. The department of fish and wildlife shall report to the appropriate legislative committees by February 1, 2001, regarding the implementation of this act. The report shall include information regarding the location and number of fish planted, the size of the fish planted, and information relating to the cost-effectiveness of the catchable trout program, including an estimate of new license sales generated by the programs.
NEW SECTION. Sec. 5. Sections 1 through 3 of this act are each added to Title 77 RCW.
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 takes effect immediately."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 2 of the title, after "waters;" strike the remainder of the title and insert "adding new sections to Title 77 RCW; creating a new section; and declaring an emergency."
On motion of Senator Jacobsen, the rules were suspended, Second Substitute House Bill No. 1681, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1681, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1681, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Absent: Senator Prentice - 1.
Excused: Senators Fairley, Gardner, Hargrove, Heavey and Loveland - 5.
SECOND SUBSTITUTE HOUSE BILL NO. 1681, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1014, by Representatives Carlson, Regala, Ogden, Pennington, Hatfield, Hurst, Stensen, Buck, Romero, Kastama, Scott, McIntire, Keiser, Cooper, Ballasiotes, Schual-Berke, Murray, Cody, Veloria, Rockefeller and Lantz
Requiring children age twelve and under to wear a personal flotation device while on a vessel on the waters of the state.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 88.12.115 and 1993 c 244 s 14 are each amended to read as follows:
(1) No person may operate or permit the operation of a vessel on the waters of the state without a personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible.
(2) Except as provided in RCW 88.12.015, a violation of subsection (1) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.
(3) A violation of subsection (1) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.
(4) No person shall operate a vessel under nineteen feet in length on the waters of this state with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States coast guard approval standards of the appropriate size, while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:
(a) While a child is below deck or in the cabin of a boat with an enclosed cabin;
(b) While a child is on a United States coast guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or
(c) While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur.
(5) Except as provided in RCW 88.12.015, a violation of subsection (4) of this section is an infraction under chapter 7.84 RCW. Enforcement of subsection (4) of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "devices;" strike the remainder of the title and insert "amending RCW 88.12.115; and prescribing penalties."
On motion of Senator Jacobsen, the rules were suspended, Engrossed House Bill No. 1014, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1014, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1014, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 12; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 33.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Honeyford, Horn, McCaslin, Morton, Roach, Sellar, Stevens, West and Zarelli - 12.
Excused: Senators Fairley, Gardner, Hargrove and Loveland - 4.
ENGROSSED HOUSE BILL NO. 1014, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1310, by Representatives Scott, Mulliken, Morris, Schoesler, Ericksen and Linville
Changing the authority of public utility districts.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1310 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1310.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1310 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senator Bauer - 1.
Excused: Senators Fairley, Gardner, Hargrove and Loveland - 4.
HOUSE BILL NO. 1310, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1653, by House Committee on State Government (originally sponsored by Representatives Kenney, Miloscia, Romero, D. Schmidt, Clements and Wolfe) (by request of Department of General Administration)
Raising the limit on agency direct buy authority without competitive bids.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1653 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1653.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1653 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senator Benton - 1.
Excused: Senators Fairley, Gardner, Hargrove and Loveland - 4.
SUBSTITUTE HOUSE BILL NO. 1653, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1671, by House Committee on Judiciary (originally sponsored by Representatives Constantine, Radcliff, Kessler, Mastin, Sullivan, Grant, G. Chandler, Reardon, Lisk, Esser, Alexander, McMorris and Mitchell)
Eliminating a maximum amount threshold for pleadings in actions arising from public works contracts.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 1671 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1671.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1671 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
SUBSTITUTE HOUSE BILL NO. 1671, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2232, by Representatives Conway and Clements
Addressing occupational safety and health impact grants.
The bill was read the second time.
MOTION
On motion of Senator Franklin, the rules were suspended, Engrossed House Bill No. 2232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2232.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2232 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
ENGROSSED HOUSE BILL NO. 2232, 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 Fraser, Senator Prentice was excused
MOTION
On motion of Senator Honeyford, Senators Deccio and Sellar were excused.
MOTION
On motion of Senator McCaslin, Senator Honeyford was excused.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President. Is that a new rule or is that in the books? No, no, don't throw your voice Mr. President. I want to hear it directly from you.”
REPLY BY THE PRESIDENT
President Owen: : “My conscious says, 'No, it is not a new rule.'”
Senator McCaslin: “Whatever your conscious says, we agree with it.”
PERSONAL PRIVILEGE
Senator Thibaudeau: “A point of personal privilege, Mr. President. Senator McCaslin knows that I made that mistake, among others, with the former Lieutenant Governor who wouldn't let me excuse myself either. Thank you, very much.”
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1546, by House Committee on Appropriations (originally sponsored by Representatives Cody, Parlette, Doumit, Ballasiotes, Conway, D. Schmidt, Dickerson, Campbell, Wolfe, Kenney, Ogden, Radcliff, Kessler, Veloria, Ruderman, Linville, Santos, Haigh, Cooper, Miloscia, Edmonds, Keiser, Lantz, Hurst, Schual-Berke, Quall, Van Luven, Rockefeller, O'Brien, Wood, Murray, Fortunato and McIntire)
Modifying provisions related to long-term care of adults.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Second Substitute House Bill No. 1546 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1546.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1546 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Deccio, Fairley, Gardner, Honeyford, Prentice and Sellar - 6.
SECOND SUBSTITUTE HOUSE BILL NO. 1546, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1218, by House Committee on Health Care (originally sponsored by Representatives Cody and Parlette) (by request of Department of Health)
Modifying provisions related to nurse delegation of tasks.
The bill was read the second time.
MOTION
Senator Thibaudeau moved that the following Committee on Health and Long-Term Care striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. In consideration of existing recommendations by the department of health with regard to nurse delegation and the parameters of nursing practice, the legislature finds that the provisions of chapter . . ., Laws of 1999 (this act) are necessary to expand the capacity of the nursing profession to adequately serve the public.
Sec. 2. RCW 18.88A.210 and 1998 c 272 s 10 are each amended to read as follows:
(1) A ((nurse may delegate specific care tasks to)) nursing assistant((s)) meeting the requirements of this section ((and)) who provides care to individuals in ((community residential programs for the developmentally disabled certified by the department of social and health services under chapter 71A.12 RCW, to individuals residing in adult family homes licensed under chapter 70.128 RCW, and to individuals residing in boarding homes licensed under chapter 18.20 RCW contracting with the department of social and health services to provide assisted living services pursuant to RCW 74.39A.010)) community-based care settings, as defined in RCW 18.79.260(3), may accept delegation of nursing care tasks by a registered nurse as provided in RCW 18.79.260(3).
(2) For the purposes of this section, "nursing assistant" means a nursing assistant-registered or a nursing assistant-certified. Nothing in this section may be construed to affect the authority of nurses to delegate nursing tasks to other persons, including licensed practical nurses, as authorized by law.
(3) Before commencing any specific nursing care tasks authorized under this chapter, the nursing assistant must (a) provide to the delegating nurse a certificate of completion issued by the department of social and health services indicating the completion of basic core nurse delegation training ((as provided in this section)), (b) be regulated by the department of health pursuant to this chapter, subject to the uniform disciplinary act under chapter 18.130 RCW, and (c) meet any additional training requirements identified by the nursing care quality assurance commission ((and authorized by this section)). Exceptions to these training requirements must adhere to RCW 18.79.260(3)(d)(iii).
(((4) A nurse may delegate the following care tasks:
(a) Oral and topical medications and ointments;
(b) Nose, ear, eye drops, and ointments;
(c) Dressing changes and catheterization using clean techniques as defined by the nursing care quality assurance commission;
(d) Suppositories, enemas, ostomy care;
(e) Blood glucose monitoring;
(f) Gastrostomy feedings in established and healed condition.
(5) On or before September 1, 1995, the nursing care quality assurance commission, in conjunction with the professional nursing organizations, shall develop rules for nurse delegation protocols and by December 5, 1995, identify training beyond the core training that is deemed necessary for the delegation of complex tasks and patient care.
(6) Nursing task delegation protocols are not intended to regulate the settings in which delegation may occur but are intended to ensure that nursing care services have a consistent standard of practice upon which the public and profession may rely and to safeguard the authority of the nurse to make independent professional decisions regarding the delegation of a task. Protocols shall include at least the following:
(a) Ensure that determination of the appropriateness of delegation of a nursing task is at the discretion of the nurse;
(b) Allow delegation of a nursing care task only for patients who have a stable and predictable condition. "Stable and predictable condition" means a situation, as defined by rule by the nursing care quality assurance commission, in which the patient's clinical and behavioral status is known and does not require frequent presence and evaluation of a registered nurse;
(c) Assure that the initial delegating nurse obtains written consent to the nurse delegation process from the patient or a person authorized under RCW 7.70.065. Written consent is only necessary at the initial use of the nurse delegation process for each patient and is not necessary for task additions or changes or if a different nurse or nursing assistant will be participating in the process. The written consent must include at a minimum the following:
(i) A list of the tasks that could potentially be delegated per RCW 18.88A.210; and
(ii) A statement that a nursing assistant through the nurse delegation process will be performing a task that would previously have been performed by a registered or licensed practical nurse;
(d) Verify that the nursing assistant has completed the core training;
(e) Require assessment by the nurse of the ability and willingness of the nursing assistant to perform the delegated nursing task in the absence of direct nurse supervision and to refrain from delegation if the nursing assistant is not able or willing to perform the task;
(f) Require the nurse to analyze the complexity of the nursing task that is considered for delegation and determine the appropriate level of training and any need of additional training for the nursing assistant;
(g) Require the teaching of the nursing care task to the nursing assistant utilizing one or more of the following: (i) Verification of competency via return demonstration; (ii) other methods for verification of competency to perform the nursing task; or (iii) assurance that the nursing assistant is competent to perform the nursing task as a result of systems in place in the community residential program for the developmentally disabled, adult family home, or boarding home providing assisted living services;
(h) Require a plan of nursing supervision and reevaluation of the delegated nursing task. "Nursing supervision" means that the registered nurse monitors by direct observation or by whatever means is deemed appropriate by the registered nurse the skill and ability of the nursing assistant to perform delegated nursing tasks. Frequency of supervision is at the discretion of the registered nurse but shall occur at least every sixty days;
(i) Require instruction to the nursing assistant that the delegated nursing task is specific to a patient and is not transferable;
(j) Require documentation and written instruction related to the delegated nursing task be provided to the nursing assistant and a copy maintained in the patient record;
(k) Ensure that the nursing assistant is prepared to effectively deal with the predictable outcomes of performing the nursing task;
(l) Include in the delegation of tasks an awareness of the nature of the condition requiring treatment, risks of the treatment, side effects, and interaction of prescribed medications;
(m) Require documentation in the patient's record of the rationale for delegating or not delegating nursing tasks.
(7) A basic core training curriculum on providing care for individuals in community residential programs for the developmentally disabled certified by the department of social and health services under chapter 71A.12 RCW shall be in addition to the training requirements specified in subsection (5) of this section. Basic core training shall be developed and adopted by rule by the secretary of the department of social and health services. The department of social and health services shall appoint an advisory panel to assist in the development of core training comprised of representatives of the following:
(a) The division of developmental disabilities;
(b) The nursing care quality assurance commission;
(c) Professional nursing organizations;
(d) A state-wide organization of community residential service providers whose members are programs certified by the department under chapter 71A.12 RCW.
(8) A basic core training curriculum on providing care to residents in residential settings licensed under chapter 70.128 RCW, or in assisted living pursuant to RCW 74.39A.010 shall be mandatory for nursing assistants prior to assessment by a nurse regarding the ability and willingness to perform a delegated nursing task. Core training shall be developed and adopted by rule by the secretary of the department of social and health services, in conjunction with an advisory panel. The advisory panel shall be comprised of representatives from, at a minimum, the following:
(a) The nursing care quality assurance commission;
(b) Professional nurse organizations;
(c) A state-wide association of community residential service providers whose members are programs certified by the department under chapter 71A.12 RCW;
(d) Aging consumer groups;
(e) Associations representing homes licensed under chapters 70.128 and 18.20 RCW; and
(f) Associations representing home health, hospice, and home care agencies licensed under chapter 70.127 RCW.))
Sec. 3. RCW 18.88A.230 and 1998 c 272 s 11 are each amended to read as follows:
(1) The ((nurse and)) nursing assistant shall be accountable for their own individual actions in the delegation process. ((Nurses acting within the protocols of their delegation authority shall be immune from liability for any action performed in the course of their delegation duties.)) Nursing assistants following written delegation instructions from registered nurses performed in the course of their accurately written, delegated duties shall be immune from liability.
(2) ((No person may coerce a nurse into compromising patient safety by requiring the nurse to delegate if the nurse determines it is inappropriate to do so. Nurses shall not be subject to any employer reprisal or disciplinary action by the Washington nursing care quality assurance commission for refusing to delegate tasks or refusing to provide the required training for delegation if the nurse determines delegation may compromise patient safety.)) Nursing assistants shall not be subject to any employer reprisal or disciplinary action by the ((nursing care quality assurance commission)) secretary for refusing to accept delegation of a nursing task based on patient safety issues. No ((community residential program, adult family home, or boarding home contracting to provide assisted-living services)) community-based care setting as defined in RCW 18.79.260(3)(d) may discriminate or retaliate in any manner against a person because the person made a complaint or cooperated in the investigation of a complaint.
(((3) The department of social and health services may impose a civil fine of not less than two hundred fifty dollars nor more than one thousand dollars on a community residential program, adult family home, or boarding home under chapter 18, Laws of 1995 1st sp. sess. that knowingly permits an employee to perform a nursing task except as delegated by a nurse pursuant to chapter 18, Laws of 1995 1st sp. sess.))
Sec. 4. RCW 18.79.260 and 1995 1st sp.s. c 18 s 51 are each amended to read as follows:
(1) A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm((, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in RCW 18.79.270 and 18.88A.210:)).
(((1))) (2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, naturopathic physician, podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required. Such direction must be for acts which are within the scope of registered nursing practice((;
(2) Delegate to other persons the functions outlined in subsection (1) of this section in accordance with chapter 18.88A RCW;)).
(3) A registered nurse may delegate tasks of nursing care to other individuals where the registered nurse determines that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the delegated task; and
(iv) Delegate only those tasks that are within the registered nurse's scope of practice.
(b) A registered nurse may not delegate acts requiring substantial skill, the administration of medications, or piercing or severing of tissues except to registered or certified nursing assistants who provide care to individuals in community-based care settings as authorized under (d) of this subsection. Acts that require nursing judgment shall not be delegated, nor shall advanced registered nurse practitioners delegate prescriptive authority.
(c) No person may coerce a nurse into compromising patient safety by requiring the nurse to delegate if the nurse determines that it is inappropriate to do so. Nurses shall not be subject to any employer reprisal or disciplinary action by the nursing care quality assurance commission for refusing to delegate tasks or refusing to provide the required training for delegation if the nurse determines delegation may compromise patient safety.
(d) For delegation in community-based care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants. Simple care tasks such as blood pressure monitoring, personal care service, or other tasks as defined by the nursing care quality assurance commission are exempted from this requirement. "Community-based care settings" includes: Community residential programs for the developmentally disabled, certified by the department of social and health services under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and boarding homes licensed under chapter 18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities.
(i) Delegation of nursing care tasks in community-based care settings is only allowed for individuals who have a stable and predictable condition. "Stable and predictable condition" means a situation in which the individual's clinical and behavioral status is known and does not require the frequent presence and evaluation of a registered nurse.
(ii) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. However, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated.
(iii) The registered nurse shall verify that the nursing assistant has completed the required core nurse delegation training required in chapter 18.88A RCW prior to authorizing delegation.
(iv) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within the protocols of their delegation authority are immune from liability for any action performed in the course of their delegation duties.
(v) On or before June 30, 2000, the nursing care quality assurance commission, in conjunction with the professional nursing organizations and the department of social and health services, shall make any needed revisions or additions to nurse delegation protocols by rule, including standards for nurses to obtain informed consent prior to the delegation of nursing care tasks. Nursing task delegation protocols are not intended to regulate the settings in which delegation may occur, but are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the profession may rely, and to safeguard the authority of the nurse to make independent professional decisions regarding the delegation of a task.
(e) The nursing care quality assurance commission may adopt rules to implement this section.
(4) Only a person licensed as a registered nurse may instruct nurses in technical subjects pertaining to nursing((;)).
(((4))) (5) Only a person licensed as a registered nurse may hold herself or himself out to the public or designate herself or himself as a registered nurse.
NEW SECTION. Sec. 5. A new section is added to chapter 18.79 RCW to read as follows:
The dispensing of Schedules II through IV controlled substances subject to RCW 18.79.240(1)(s) is limited to a maximum of a seventy-two-hour supply of the prescribed controlled substance.
Sec. 6. RCW 18.79.050 and 1994 sp.s. c 9 s 405 are each amended to read as follows:
"Advanced registered nursing practice" means the performance of the acts of a registered nurse and the performance of an expanded role in providing health care services as recognized by the medical and nursing professions, the scope of which is defined by rule by the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend drugs and controlled substances contained in Schedule V of the Uniform Controlled Substances Act, chapter 69.50 RCW, and Schedules II through IV subject to RCW 18.79.240(1) (r) or (s).
Nothing in this section prohibits a person from practicing a profession for which a license has been issued under the laws of this state or specifically authorized by any other law of the state of Washington.
This section does not prohibit: (1) The nursing care of the sick, without compensation, by an unlicensed person who does not hold himself or herself out to be an advanced registered nurse practitioner((, or)); (2) the practice of registered nursing by a licensed registered nurse or the practice of licensed practical nursing by a licensed practical nurse; or (3) the delegation of nursing tasks to nursing assistants pursuant to RCW 18.79.260(3).
Sec. 7. RCW 18.79.240 and 1994 sp.s. c 9 s 424 are each amended to read as follows:
(1) In the context of the definition of registered nursing practice and advanced registered nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice registered nursing within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing aides;
(d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;
(e) Prohibiting the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a registered nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in the practice of nursing as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or a bureau, division, or agency thereof, while in the discharge of his or her official duties;
(h) Permitting the measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the aid thereof;
(i) Permitting the prescribing or directing the use of, or using, an optical device in connection with ocular exercises, visual training, vision training, or orthoptics;
(j) Permitting the prescribing of contact lenses for, or the fitting and adaptation of contact lenses to, the human eye;
(k) Prohibiting the performance of routine visual screening;
(l) Permitting the practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW, respectively;
(m) Permitting the practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine;
(n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW;
(o) Permitting the performance of major surgery, except such minor surgery as the commission may have specifically authorized by rule adopted in accordance with chapter 34.05 RCW;
(p) Permitting the prescribing of controlled substances as defined in Schedules I through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, except as provided in (r) or (s) of this subsection;
(q) Prohibiting the determination and pronouncement of death;
(r) Prohibiting advanced registered nurse practitioners, approved by the commission as certified registered nurse anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a request for certified registered nurse anesthetist anesthesia services issued by a physician licensed under chapter 18.71 RCW, an osteopathic physician and surgeon licensed under chapter 18.57 RCW, a dentist licensed under chapter 18.32 RCW, or a podiatric physician and surgeon licensed under chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to patients who require anesthesia for diagnostic, operative, obstetrical, or therapeutic procedures in a hospital, clinic, ambulatory surgical facility, or the office of a practitioner licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57, 18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of administration; and "order" meaning the process of directing licensed individuals pursuant to their statutory authority to directly administer a drug or to dispense, deliver, or distribute a drug for the purpose of direct administration to a patient, under instructions of the certified registered nurse anesthetist. "Protocol" means a statement regarding practice and documentation concerning such items as categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas for the practice of nurse anesthesia;
(s) Prohibiting advanced registered nurse practitioners from ordering or prescribing controlled substances as defined in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, if and to the extent: (i) Doing so is permitted by their scope of practice; (ii) it is in response to a combined request from one or more physicians licensed under chapter 18.71 or 18.57 RCW and an advanced registered nurse practitioner licensed under this chapter, proposing a joint practice arrangement under which such prescriptive authority will be exercised with appropriate collaboration between the practitioners; and (iii) it is consistent with rules adopted under this subsection. The medical quality assurance commission, the board of osteopathic medicine and surgery, and the commission are directed to jointly adopt by consensus by rule a process and criteria that implements the joint practice arrangements authorized under this subsection. This subsection (1)(s) does not apply to certified registered nurse anesthetists.
(2) In the context of the definition of licensed practical nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers, so long as they do not practice practical nursing within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to their course of study or prohibiting the students from working as nursing assistants;
(d) Prohibiting auxiliary services provided by persons carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or elsewhere under the direction of licensed physicians or the supervision of licensed registered nurses;
(e) Prohibiting or preventing the practice of nursing in this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a licensed practical nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of a church by adherents of the church so long as they do not engage in licensed practical nurse practice as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.
Sec. 8. RCW 18.79.250 and 1994 sp.s. c 9 s 425 are each amended to read as follows:
An advanced registered nurse practitioner under his or her license may perform for compensation nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof, she or he may do the following things that shall not be done by a person not so licensed, except as provided in RCW 18.79.260 and 18.79.270:
(1) Perform specialized and advanced levels of nursing as recognized jointly by the medical and nursing professions, as defined by the commission;
(2) Prescribe legend drugs and Schedule V controlled substances, as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, and Schedules II through IV subject to RCW 18.79.240(1) (r) or (s) within the scope of practice defined by the commission;
(3) Perform all acts provided in RCW 18.79.260;
(4) Hold herself or himself out to the public or designate herself or himself as an advanced registered nurse practitioner or as a nurse practitioner.
NEW SECTION. Sec. 9. A new section is added to chapter 18.71 RCW to read as follows:
The commission is directed to jointly adopt by consensus, with the board of osteopathic medicine and surgery and the Washington state nursing care quality assurance commission, a process and criteria that implements the joint practice arrangements authorized under RCW 18.79.240(1)(s).
NEW SECTION. Sec. 10. A new section is added to chapter 18.57 RCW to read as follows:
The board is directed to jointly adopt by consensus, with the medical quality assurance commission and the Washington state nursing care quality assurance commission, a process and criteria that implements the joint practice arrangements authorized under RCW 18.79.240(1)(s).
NEW SECTION. Sec. 11. A new section is added to chapter 18.79 RCW to read as follows:
The commission is directed to jointly adopt by consensus, with the medical quality assurance commission and the board of osteopathic medicine and surgery, a process and criteria that implements the joint practice arrangements authorized under RCW 18.79.240(1)(s).
NEW SECTION. Sec. 12. Sections 5 through 7 of this act take effect July 1, 2000.
NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 18.88A.220 (Delegation--Program and reimbursement policies) and 1995 1st sp.s. c 18 s 47; and
(2) RCW 18.88A.240 (Delegation--Complaints) and 1995 1st sp.s. c 18 s 49.
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."
MOTION
On motion of Senator Thibaudeau, the following amendment to the committee amendment was adopted:
On page 12, line 28 of the amendment, after "commission" insert ". Continuing education requirements for advanced registered nurse practitioners shall include instruction on controlled substances"
The President declared the question before the Senate to be the adoption of the Committee on Health and Long-Term Care striking amendment, as amended, to Substitute House Bill No. 1218.
The Committee on Health and Long-Term Care striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 2 of the title, after "settings;" strike the remainder of the title and insert "amending RCW 18.88A.210, 18.88A.230, 18.79.260, 18.79.050, 18.79.240, and 18.79.250; adding new sections to chapter 18.79 RCW; adding a new section to chapter 18.71 RCW; adding a new section to chapter 18.57 RCW; creating a new section; repealing RCW 18.88A.220 and 18.88A.240; and providing an effective date."
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1218, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1218, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1218, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senator McDonald - 1.
Excused: Senators Deccio, Fairley, Gardner, Honeyford, Prentice and Sellar - 6.
SUBSTITUTE HOUSE BILL NO. 1218, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1535, by House Committee on Health Care (originally sponsored by Representatives Parlette, Cody, Schual-Berke, Romero, Ruderman, Esser, Hatfield, Boldt, Campbell, Pflug and Alexander)
Reimbursing podiatric physicians and surgeons.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1535.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1535 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senator Morton - 1.
Excused: Senators Deccio, Fairley, Gardner, Honeyford, Prentice and Sellar - 6.
SUBSTITUTE HOUSE BILL NO. 1535, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1317, by House Committee on Transportation (originally sponsored by Representatives Murray, K. Schmidt, Fisher, Romero, Ogden, Scott, Hankins, Skinner, Morris, Lovick, Cooper, Reardon, O'Brien, Wood and McIntire)
Enhancing regional transportation planning.
The bill was read the second time.
MOTION
Senator Haugen moved that the following Committee on Transportation striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.80.023 and 1998 c 171 s 8 are each amended to read as follows:
Each regional transportation planning organization shall have the following duties:
(1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with county-wide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.
(4) Where appropriate, certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.
(5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period. Regional transportation planning organizations shall provide to the legislators whose districts are within the boundaries of the organization notification of available publications. Upon request by legislators, the regional transportation planning organization shall provide a schedule of six-year transportation improvement program decision process points, updates, and amendments to the six-year transportation improvement program.
(6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.
(7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.
(8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.
Sec. 2. RCW 47.80.040 and 1990 1st ex.s. c 17 s 56 are each amended to read as follows:
Each regional transportation planning organization shall create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making. Any members of the house of representatives or the state senate whose districts are within the boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization. This does not preclude legislators from becoming full-time, voting board members.
Sec. 3. RCW 47.80.070 and 1994 c 158 s 5 are each amended to read as follows:
In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;
(2) Facilitate coordination between regional transportation planning organizations; and
(3) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan ((improvements and strategies)) the most efficient strategy to address identified deficiencies, including investments in modal integration within those corridors important to moving people and goods on a regional ((or)) and state-wide basis."
MOTION
On motion of Senator Benton, the following amendment by Senators Benton and Haugen to the Committee on Transportation striking amendment was adopted:
On page 3, after line 18, insert the following:
"Sec. 4. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:
The state-owned facilities component of the state-wide transportation plan shall be consistent with RCW 47.06.040 and shall identify the most cost-effective combination of transportation investments that maximizes the efficient movement of people, freight, and goods within state transportation corridors, to include public-private transportation initiatives. The identification process shall include the modal comparison of highway, ferry, bicycle, and pedestrian facilities, passenger rail, air transportation, public transit, transportation demand measures, and high-capacity transportation improvements within a state transportation corridor. The comparison of transportation modes shall include an analysis of the public, private, and social costs and benefits of transportation investments. The state-owned facilities component of the state-wide transportation plan shall also consist of:
(1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;
(b) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Congestion relief must be a primary emphasis of the capacity and operational improvement element. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;
(c) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;
(d) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.
(2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, and develop strategies for ferry system investment that consider regional and state-wide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees."
The President declared the question before the Senate to be the adoption of the Committee on Transportation striking amendment, as amended, to Substitute House Bill No. 1317.
The Committee on Transportation striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendments were considered simultaneously and were adopted:
On line 1 of the title, after "planning;" strike the remainder of the title and insert "and amending RCW 47.80.023, 47.80.040, and 47.80.070."
On page 3, line 22 of the title amendment, after "planning" strike the remainder of the title and insert "and the state-owned facilities component of the state-wide transportation plan and intercity passenger rail; and amending RCW 47.80.23, 47.80.040, 47.80.070, and 47.06.050."
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1317, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1317, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1317, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.
Excused: Senators Deccio, Fairley, Gardner, Honeyford, Prentice and Sellar - 6.
SUBSTITUTE HOUSE BILL NO. 1317, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1053, by House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Hatfield, Radcliff, O'Brien, Tokuda, Hurst, Skinner and Hankins) (by request of Legislative Transportation Committee)
Consolidating the fuel tax rate and distribution statutes.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the following Committee on Transportation amendment was adopted:
On page 18, after line 6, insert the following:
"Sec 18. RCW 43.99.070 and 1995 c 166 s 4 are each amended to read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 43.99.030, shall request the state treasurer to transfer ((monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, 1990, to the recreation resource account and the remainder to the motor vehicle fund)) to the recreation resource account such of the moneys in the marine fuel tax refund account that are not required for payment of the refund claims or costs, and the state treasurer shall make the transfer.
Sec. 19. RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
(1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, ((based on the tax rate in effect January 1, 1990,)) less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for information programs under this chapter;
(ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
(ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
(3) Notwithstanding any other provision of law, funds disbursed for grants awarded after December 1, 2001, from the accounts in subsection (1)(d) of this section shall be spent on motorized and nonmotorized users in proportion to their actual contributions to such funds as determined by the legislature pursuant to the study authorized by section 4 of this act.
Sec. 20. RCW 46.10.170 and 1994 c 262 s 4 are each amended to read as follows:
From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. Such determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile((,)) and the number of registered snowmobiles during the calendar year under determination((, and the fuel tax rate in effect January 1, 1990)).
NEW SECTION. Sec. 21. (1) The Washington state interagency committee for outdoor recreation and the Washington state department of licensing shall jointly contract with an independent entity to study the sources and determine the distributions and uses of funds provided to off-road vehicle and nonhighway road recreational activities under RCW 46.09.170. The study shall analyze and determine the relative portion of the motor vehicle fuel tax revenues deposited to the general fund under RCW 46.09.170 that are attributable to vehicles operating off-road or on nonhighway roads for recreational purposes as provided in RCW 46.09.170. The study shall include the types of vehicles, the types of recreational activities, and the types of recreational facilities used.
(2) The Washington state interagency committee for outdoor recreation and the Washington state department of licensing shall jointly review the analysis and submit a report to the standing committees of the legislature, including recommendations regarding amendments to RCW 46.09.170 to allocate revenues consistent with the relative proportion of the uses generating such revenues. In making such recommendations the committee and department of licensing shall specifically consider joint use by nonmotorized recreational users of trails funded as ORV recreational facilities. The report shall be submitted no later than September 30, 2001.
(3) The Washington state interagency committee for outdoor recreation and the department of licensing shall jointly establish a technical advisory committee composed of a cross-section of nonhighway road recreational trail users to advise the agency regarding the study and report required by this act.
(4) Funds appropriated from the nonhighway and off-road vehicle account for the purposes of this act shall be in addition to the agency general administration expenditure limitations of RCW 46.09.170(2).”
Renumber the sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1053, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1053, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1053, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Brown, Costa, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Zarelli - 38.
Voting nay: Senators Benton, Deccio, Long, Loveland, McDonald, Stevens and Swecker - 7.
Excused: Senators Fairley, Gardner, Prentice and Sellar - 4.
SUBSTITUTE HOUSE BILL NO. 1053, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2061, by House Committee on Appropriations (originally sponsored by Representatives Kenney, Dunn, Lantz, Veloria and Carlson)
Changing community college provisions.
The bill was read the second time.
MOTION
On motion of Senator Bauer, the following amendment by Senators Bauer and Benton was adopted:
On page 2, after line 27, insert the following:
"Sec. 3. RCW 28C.10.084 and 1993 c 445 s 2 are each amended to read as follows:
(1) The agency shall establish, maintain, and administer a tuition recovery trust fund. All funds collected for the tuition recovery trust fund are payable to the state for the benefit and protection of any student or enrollee of a private vocational school licensed under this chapter, or, in the case of a minor, his or her parents or guardian, for purposes including but not limited to the settlement of claims related to school closures under subsection (10) of this section and the settlement of claims under RCW 28C.10.120. The fund shall be liable for settlement of claims and costs of administration but shall not be liable to pay out or recover penalties assessed under RCW 28C.10.130 or 28C.10.140. No liability accrues to the state of Washington from claims made against the fund.
(2) By June 30, 1998, a minimum operating balance of one million dollars shall be achieved in the fund and maintained thereafter. If disbursements reduce the operating balance below two hundred thousand dollars at any time before June 30, 1998, or below one million dollars thereafter, each participating entity shall be assessed a pro rata share of the deficiency created, based upon the incremental scale created under subsection (6) of this section. The agency shall adopt schedules of times and amounts for effecting payments of assessment.
(3) To be and remain licensed under this chapter each entity shall, in addition to other requirements under this chapter, make cash deposits into a tuition recovery trust fund as a means to assure payment of claims brought under this chapter.
(4) The amount of liability that can be satisfied by this fund on behalf of each individual entity licensed under this chapter shall be established by the agency, based on an incremental scale that recognizes the average amount of unearned prepaid tuition in possession of the entity. However, the minimum amount of liability for any entity shall not be less than five thousand dollars. The upper limit of liability is reestablished after any disbursements are made to settle an individual claim or class of claims.
(5) The fund's liability with respect to each participating entity commences on the date of its initial deposit into the fund and ceases one year from the date it is no longer licensed under this chapter.
(6) The agency shall adopt by rule a matrix for calculating the deposits into the fund required of each entity. Proration shall be determined by factoring the entity's share of liability in proportion to the aggregated liability of all participants under the fund by grouping such prorations under the incremental scale created by subsection (4) of this section. Expressed as a percentage of the total liability, that figure determines the amount to be contributed when factored into a fund containing one million dollars. The total amount of its prorated share, minus the amount paid for initial capitalization, shall be payable in up to twenty increments over a ten-year period, commencing with the sixth month after the entity makes its initial capitalization deposit. Additionally, the agency shall require deposits for initial capitalization, under which the amount each entity deposits is proportionate to its share of two hundred thousand dollars, employing the matrix developed under this subsection. The amount thus established shall be deposited by each applicant for initial licensing before the issuance of such license.
(7) No vested right or interests in deposited funds is created or implied for the depositor, either at any time during the operation of the fund or at any such future time that the fund may be dissolved. All funds deposited are payable to the state for the purposes described under this section. The agency shall maintain the fund, serve appropriate notices to affected entities when scheduled deposits are due, collect deposits, and make disbursements to settle claims against the fund. When the aggregated deposits total five million dollars and the history of disbursements justifies such modifications, the agency may at its own option reduce the schedule of deposits whether as to time, amount, or both and the agency may also entertain proposals from among the licensees with regard to disbursing surplus funds for such purposes as vocational scholarships.
(8) Based on annual financial data supplied by the entity the agency shall determine whether the increment assigned to that entity on the incremental scale established under subsection (6) of this section has changed. If an increase or decrease in gross annual tuition income has occurred, a corresponding change in its incremental position and contribution schedule shall be made before the date of its next scheduled deposit into the fund. Such adjustments shall only be calculated and applied annually.
(9) No deposits made into the fund by an entity are transferable. If the majority ownership interest in an entity is conveyed through sale or other means into different ownership, all contributions made to the date of transfer accrue to the fund. The new owner commences contributions under provisions applying to a new applicant, except that if ownership of an entity is transferred to an immediate family member, all tuition recovery trust fund contributions shall remain with the entity transferred, and no additional cash deposits may be required beyond the original ten-year contribution cycle.
(10) To settle claims adjudicated under RCW 28C.10.120 and claims resulting when a private vocational school ceases to provide educational services, the agency may make disbursements from the fund. Students enrolled under a training contract executed between a school and a public or private agency or business are not eligible to make a claim against the fund. In addition to the processes described for making reimbursements related to claims under RCW 28C.10.120, the following procedures are established to deal with reimbursements related to school closures:
(a) The agency shall attempt to notify all potential claimants. The unavailability of records and other circumstances surrounding a school closure may make it impossible or unreasonable for the agency to ascertain the names and whereabouts of each potential claimant but the agency shall make reasonable inquiries to secure that information from all likely sources. The agency shall then proceed to settle the claims on the basis of information in its possession. The agency is not responsible or liable for claims or for handling claims that may subsequently appear or be discovered.
(b) Thirty days after identified potential claimants have been notified, if a claimant refuses or neglects to file a claim verification as requested in such notice, the agency shall be relieved of further duty or action on behalf of the claimant under this chapter.
(c) After verification and review, the agency may disburse funds from the tuition recovery trust fund to settle or compromise the claims. However, the liability of the fund for claims against the closed entity shall not exceed the maximum amount of liability assigned to that entity under subsection (6) of this section.
(d) In the instance of claims against a closed school, the agency shall seek to recover such disbursed funds from the assets of the defaulted entity, including but not limited to asserting claims as a creditor in bankruptcy proceedings.
(11) When funds are disbursed to settle claims against a current licensee, the agency shall make demand upon the licensee for recovery. The agency shall adopt schedules of times and amounts for effecting recoveries. An entity's failure to perform subjects its license to suspension or revocation under RCW 28C.10.050 in addition to any other available remedies."
MOTIONS
On motion of Senator Bauer, the following title amendment was adopted:
On page 1, on line 3 of the title, after "28B.15.100" insert "and 28C.10.084"
On motion of Senator Kohl-Welles, the rules were suspended, Second Substitute House Bill No. 2061, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2061, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2061, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
SECOND SUBSTITUTE HOUSE BILL NO. 2061, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 3:49 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:35 p.m. by President Owen.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9045, John P. Sullivan, as a member of the Marine Employees Commission, was confirmed.
APPOINTMENT OF JOHN P. SULLIVAN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senators Hochstatter and Horn - 2.
Excused: Senators Fairley and Gardner - 2.
MOTION
On motion of Senator Goings, Gubernatorial Appointment No. 9101, Henry Chiles, Jr., as Chair of the Marine Employees Commission, was confirmed.
APPOINTMENT OF HENRY CHILES, JR.
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
SECOND READING
HOUSE BILL NO. 1073, by Representatives D. Schmidt and Romero (by request of Alternative Public Works Methods Oversight Committee)
Changing alternative bid processes for public hospital districts.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1073 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1073.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1073 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
HOUSE BILL NO. 1073, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1420, by Representatives H. Sommers, Huff, Benson, Hatfield, McIntire and Wolfe (by request of State Investment Board)
Providing a procedure for the state investment board to check the criminal history of prospective appointees and employees.
The bill was read the second time.
MOTION
On motion of Senator Shin, the rules were suspended, House Bill No. 1420 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1420.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1420 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
HOUSE BILL NO. 1420, 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 Honeyford, Senator Rossi was excused.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2090, by House Committee on Commerce and Labor (originally sponsored by Representatives Clements, Lisk, Reardon, Cooper, McMorris, Talcott, B. Chandler and Gombosky)
Modifying and sunsetting provisions related to sellers of travel.
The bill was read the second time.
MOTION
On motion of Senator Shin, the following Committee on Commerce, Trade, Housing and Financial Institutions striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 19.138.030 and 1996 c 180 s 2 are each amended to read as follows:
A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least ((two)) one year((s)) after the placement of the advertisement.
Sec. 2. RCW 19.138.040 and 1996 c 180 s 3 are each amended to read as follows:
At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if ((the sale of travel services is made over the telephone or by other electronic media and payment is made by credit or debit card)) payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of ((the consumer's credit or debit card authorization)) receipt or processing of the payment. The written statement shall contain the following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The registration number of the seller of travel required by this chapter.
(4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) ((The conditions, if any, upon which the contract between the seller of travel and the passenger may be canceled, and the rights and obligations of all parties in the event of cancellation.)) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
Sec. 3. RCW 19.138.100 and 1996 c 180 s 4 are each amended to read as follows:
No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. ((Any corporation which issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by such corporation including any wholly owned subsidiary of such corporation are not required to include company registration numbers in advertisements.)) Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
(2) The director shall issue duplicate registrations upon payment of a ((nominal)) duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and ((deposited directly into)) processed by the registered seller of ((travel's trust account)) travel as required under this chapter.
Sec. 4. RCW 19.138.120 and 1994 c 237 s 5 are each amended to read as follows:
(1) Each seller of travel shall renew its registration on or before July 1 of every ((other)) year or as otherwise determined by the director.
(2) Renewal of a registration is subject to the same provisions covering issuance, suspension, and revocation of a registration originally issued.
(3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may, within twenty-one days after receipt of that notice or intent, request a hearing on the refusal. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to insure that the general public is protected from loss of money paid to the registrant. It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.
Sec. 5. RCW 19.138.130 and 1997 c 58 s 852 are each amended to read as follows:
(1) The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant:
(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;
(b) Has been found guilty of a felony within the past ((five)) ten years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;
(c) Has made a false statement of a material fact in an application under this chapter or in data attached to it;
(d) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter;
(e) Has failed to display the registration as provided in this chapter;
(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public; or
(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising.
(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.
(3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
Sec. 6. RCW 19.138.140 and 1996 c 180 s 7 are each amended to read as follows:
(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in Washington state, or other account approved by the director, all sums held for more than five business days that are received from a person or entity, for retail travel services offered by the seller of travel. This subsection does not apply to travel services sold by a seller of travel, when payments for the travel services are made through the airlines reporting corporation ((either by cash or credit or debit card sale)).
(2) The trust account or other approved account required by this section shall be established and maintained for the benefit of any person or entity paying money to the seller of travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from the account except the following amounts may be withdrawn at any time:
(a) Partial or full payment for travel services to the entity directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or other approved account;
(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel services have been provided; or
(f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.
(3) The seller of travel may deposit noncustomer funds into the trust account as needed in an amount equal to a deficiency resulting from dishonored customer payments made by check, draft, credit card, debit card, or other negotiable instrument.
(4) At the time of registration, the seller of travel shall file with the department the account number and the name of the financial institution at which the trust account or other approved account is held as set forth in RCW 19.138.110. The seller of travel shall notify the department of any change in the account number or location within one business day of the change.
(((4))) (5) The director, by rule, may allow for the use of other types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(((5))) (6) The seller of travel need not comply with the requirements of this section if all of the following apply, except as exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the seller of travel has any control; and
(c) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge, or if the charge is only for services, the provider of services processes the credit card charges.
(((6))) (7) The seller of travel need not maintain a trust account nor comply with the trust account provisions of this section if the seller of travel:
(a)(i) Files and maintains a surety bond approved by the director in an amount of not less than ten thousand nor more than fifty thousand dollars, as determined by rule by the director based on the gross income of business conducted by the seller of travel during the prior year. The bond shall be executed by the applicant as obligor by a surety company authorized to transact business in this state naming the state of Washington as obligee for the benefit of any person or persons who have suffered monetary loss by reason of the seller of travel's violation of this chapter or a rule adopted under this chapter. The bond shall be conditioned that the seller of travel will conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse any person or persons who suffer monetary loss by reason of a violation of this chapter or a rule adopted under this chapter.
(ii) The bond must be continuous and may be canceled by the surety upon the surety giving written notice to the director of the surety's intent to cancel the bond. The cancellation is effective thirty days after the notice is received by the director.
(iii) The applicant may obtain the bond directly from the surety or through other bonding arrangement as approved by the director.
(iv) In lieu of a surety bond, the applicant may, upon approval by the director, file with the director a certificate of deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of the director for an amount equal to the required bond.
(v) Any person or persons who have suffered monetary loss by any act which constitutes a violation of this chapter or a rule adopted under this chapter may bring a civil action in court against the seller of travel and the surety upon such bond or approved alternate security of the seller of travel who committed the violation of this chapter or a rule adopted under this chapter or who employed the seller of travel who committed such violation. A civil action brought in court pursuant to the provisions of this section must be filed no later than one year following the later of the alleged violation of this chapter or a rule adopted under this chapter or completion of the travel by the customer; or
(b) Is a member in good standing in a professional association, such as the United States tour operators association or national tour association, that is approved by the director and that provides or requires a member to provide a minimum of one million dollars in errors and professional liability insurance and provides a surety bond or equivalent protection in an amount of at least two hundred fifty thousand dollars for its member companies.
(8) If the seller of travel maintains its principal place of business in another state and maintains a trust account or other approved account in that state consistent with the requirement of this section, and if that seller of travel has transacted business within the state of Washington in an amount exceeding five million dollars for the preceding year, the out-of-state trust account or other approved account may be substituted for the in-state account required under this section.
Sec. 7. RCW 19.138.170 and 1994 c 237 s 13 are each amended to read as follows:
The director has the following powers and duties:
(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;
(2) To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;
(3) To suspend or revoke a registration for a violation of this chapter;
(4) To establish fees;
(5) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours. When ten or more complaints have been received by either the department or the attorney general on a seller of travel within a period of ninety days, the department shall inspect and audit books and records of the seller of travel; and
(6) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
MOTIONS
On motion of Senator Shin, the following title amendment was adopted:
On page 1, line 1 of the title, after "travel;" strike the remainder of the title and insert "and amending RCW 19.138.030, 19.138.040, 19.138.100, 19.138.120, 19.138.130, 19.138.140, and 19.138.170."
On motion of Senator Shin, the rules were suspended, Engrossed Substitute House Bill No. 2090, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2090, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2090, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Voting nay: Senator Wojahn - 1.
Excused: Senators Fairley, Gardner and Rossi - 3.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2090, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1442, by Representatives Edwards, Radcliff, Scott, Wolfe, Reardon, Sheahan, Lovick, Fisher, O'Brien, Santos, Romero, Kenney, Conway, Ogden, Dickerson, Haigh and Keiser
Extending protection of transit employees and customers.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.36.031 and 1998 c 94 s 1 are each amended to read as follows:
(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or
(c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the ((driver)) person is performing his or her official duties at the time of the assault; or
(d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or
(e) Assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or
(h) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW.
(2) Assault in the third degree is a class C felony."
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 1 of the title, after "customers;" strike the remainder of the title and insert "amending RCW 9A.36.031; and prescribing penalties."
On motion of Senator Heavey, the rules were suspended, House Bill No. 1442, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1442, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1442, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Wojahn - 32.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Sheahan, Sheldon, T., Swecker and Zarelli - 14.
Excused: Senators Fairley, Gardner and Rossi - 3.
HOUSE BILL NO. 1442, as amended by the Senate, having received the constitutional majority, was declared passed. There being
no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1849, by Representatives Kagi, Carrell, Tokuda, Boldt, Lovick, Barlean, McIntire, Edwards, Kenney and Schual-Berke
Expanding aggravating circumstances when a court may impose an exceptional sentence.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94A.390 and 1997 c 52 s 4 are each amended to read as follows:
If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).
The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence. The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating Circumstances
(a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.
(d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.
(e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).
(f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating Circumstances
(a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.
(c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.
(d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;
(iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;
(v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.
(g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.
(h) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:
(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;
(ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or
(iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.
(i) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.
(j) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.
(k) The offense resulted in the pregnancy of a child victim of rape.
(l) The defendant knew that the victim of the current offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization."
MOTIONS
On motion of Senator Heavey, the following title amendment was adopted:
On page 1, line 1 of the title, after "sentence;" strike the remainder of the title and insert "and amending RCW 9.94A.390."
On motion of Senator Heavey, the rules were suspended, House Bill No. 1849, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1849, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1849, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Fairley, Gardner and Rossi - 3.
HOUSE BILL NO. 1849, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1559, by House Committee on Transportation (originally sponsored by Representatives Fortunato, Murray and McDonald) (by request of Washington State Patrol)
Repealing redundant law on transporting explosives.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1559 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1559.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1559 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator Kohl-Welles - 1.
Excused: Senators Fairley, Gardner and Rossi - 3.
SUBSTITUTE HOUSE BILL NO. 1559, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1175, by Representatives Cairnes, O'Brien, DeBolt, Dunshee, Schindler, Morris, Koster, Cooper, G. Chandler, Mulliken, Benson, Mielke, Stensen, Carrell, Ogden, Dunn and McIntire
Regulating street rods.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, House Bill No. 1175 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1175.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1175 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Voting nay: Senators Haugen and Heavey - 2.
Excused: Senators Fairley and Gardner - 2.
HOUSE BILL NO. 1175, 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.
HAPPY BIRTHDAY TO SENATOR BENTON
The President extended 'Happy Birthday' wishes to Senator Benton.
POINT OF INQUIRY
Senator Deccio: “Senator Benton, how old are you?”
Senator Benton: “I'm forty-two today.”
Senator Deccio: “Forty-two, well--”
Further debate ensued.
POINT OF INQUIRY
Senator Snyder: “And how old are you, Senator Deccio?”
Senator Deccio: “It is none of your dammed business.”
PERSONAL PRIVILEGE
Senator Prentice: “I rise to a point of personal privilege. I simply would like for the Senate and for my colleague, Senator Benton, to know that it is a pleasure having him on my committee. All I can think is what must it have been like to have been his mother?”
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1910, by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler and Anderson)
Establishing logos for substances approved for use in the production, processing, and handling of organic food.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1910 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1910.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1910 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
SUBSTITUTE HOUSE BILL NO. 1910, 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.
PERSONAL PRIVILEGE
Senator McCaslin: “I rise to a point of personal privilege, Mr. President. This is addressed to Senator Snyder. Senator Snyder, I missed the opportunity to tell you, but looking in the little red book--you know it lists all of our birth dates--except for Senator Deccio and there is an asterisk. If you go down to the bottom of the page, it says, 'Those who do not have a date; there was no recording of birth certificates--nor was printing invented.'”
SECOND READING
ENGROSSED HOUSE BILL NO. 1845, by Representatives B. Chandler, Clements, McMorris, Lisk, Conway and Wood
Providing for vocational rehabilitation benefits under industrial insurance.
The bill was read the second time.
MOTION
On motion of Senator Franklin, the rules were suspended, Engrossed House Bill No. 1845 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1845.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1845 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.
Excused: Senators Fairley and Gardner - 2.
ENGROSSED HOUSE BILL NO. 1845, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1041, by House Committee on Capital Budget (originally sponsored by Representatives Mitchell, Murray, Kessler, O'Brien, Ogden, Lantz, Rockefeller, Hankins, Esser and Morris) (by request of Public Works Board)
Authorizing funds for public works projects.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 1041 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1041.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1041 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Absent: Senator Bauer - 1.
Excused: Senators Fairley and Gardner - 2.
SUBSTITUTE HOUSE BILL NO. 1041, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2086, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Esser, Carrell, O'Brien, Constantine, Lovick, Schindler and Anderson)
Creating crimes of unlawful discharge of a laser.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2086 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Hargrove: “Senator Heavey, how many men or in the standing army--men or women--and how much do the chairs cost?”
Senator Heavey: “There are eight hundred and thirty-two men and women in our standing army and the chairs are approximately--they are folding chairs--are approximately ten dollars apiece, times--we have to get enough to get--. This bill also deals with lasers and shooting and aiming lasers at people in the standing army and creating crimes under that. I urge your support.”
PERSONAL PRIVILEGE
Senator Patterson: “A point of personal privilege, Mr. President. There Senator Heavey goes again with his tricks. I just want to tell you Mr. President and members of the Senate that Senator Heavey has done me a great disservice this week. He has ruined the Washington State Flag for me forever. Now, everyday I sit here and look up at that flag with George Washington up there--and I have been enjoying that flag for many years--and this week Senator Heavey told me that if I looked closely at that flag, I would see that the face was actually Steve Johnson with the hair of Senator Mary Margaret Haugen.
“My point is, Mr. President, here Senator Heavey goes again. I would really urge you all to defeat this motion that he is making.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2086.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2086 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Hochstatter, Honeyford, Johnson, McDonald, Morton, Roach, Rossi, Stevens, Swecker, West and Zarelli - 12.
Excused: Senators Fairley and Gardner - 2.
SUBSTITUTE HOUSE BILL NO. 2086, 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 5:39 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Friday, April 9, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate