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

from that in the original published version.

FIFTY-FOURTH DAY

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

MORNING SESSION

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

Senate Chamber, Olympia, Friday, March 3, 2000

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 Finkbeiner, Haugen, Horn, Prentice, Roach, Sellar, Tim Sheldon and Wojahn On motion of Senator Franklin, Senators Haugen, Prentice and Wojahn were excused. On motion of Senator Honeyford, Senators Finkbeiner, Horn, Roach and Sellar were excused.

The Sergeant at Arms Color Guard, consisting of Pages Tyler Schlauderaff and Chelsea Young, presented the Colors. Chaplain Beverly Jenden-Riedlinger, pastor of the Providence Spiritual Care Network at St. Peter Hospital in 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

March 1, 2000

MR. PRESIDENT:

The House has adopted SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4428, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILL

SHCR 4428 by Committee on State Government (originally sponsored by Representatives Conway, D. Schmidt, O’Brien Campbell, Lovick, Miloscia, Talcott, Bush, Woods, Haigh, Radcliff, Kenney, Kessler, Rockefeller, Santos and Skinner)

Creating a joint select committee on veterans and military affairs.

MOTION

On motion of Senator Betti Sheldon, the rules were suspended and Substitute House Concurrent Resolution No. 4428 was advanced to second reading and placed on the second reading calendar.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9317, Sue Batali, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.

APPOINTMENT OF SUE BATALI

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 1; Excused, 7.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.

Absent: Senator Sheldon, T. - 1.

Excused: Senators Finkbeiner, Haugen, Horn, Prentice, Roach, Sellar and Wojahn - 7.

MOTION

On motion of Senator Honeyford, Senator Long was excused.

MOTIONS

On motion of Senator Eide, Senators Patterson and Tim Sheldon were excused.

On motion of Senator Franklin, Senator Thibaudeau was excused.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9308, Vera Chan-Ing, as a member of the Liquor Control Board, was confirmed.

APPOINTMENT OF VERA CHAN-ING

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 1; Excused, 11.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McCaslin, McDonald, Morton, Oke, Rasmussen, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 37.

Absent: Senator McAuliffe - 1.

Excused: Senators Deccio, Finkbeiner, Horn, Long, Patterson, Prentice, Roach, Sellar, Sheldon, T., Thibaudeau and Wojahn - 11.

MOTION

On motion of Senator Franklin, Senators McAuliffe, Loveland and Snyder were excused.

MOTION

On motion of Senator Heavey, Gubernatorial Appointment No. 9322, George Orr, as a member of the Gambling Commission, was confirmed.

Senators Heavey, McCaslin, Brown and Jacobsen spoke to the confirmation of George Orr as a member of the Gambling Commission.

APPOINTMENT OF GEORGE ORR

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 1; Excused, 11.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McCaslin, McDonald, Morton, Oke, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 37.

Absent: Senator West - 1.

Excused: Senators Deccio, Long, Loveland, McAuliffe, Patterson, Prentice, Roach, Sellar, Snyder, Thibaudeau and Wojahn - 11.

MOTION

On motion of Senator Johnson, Senator West was excused.

MOTION

On motion of Senator Costa, Gubernatorial Appointment No. 9300, Nancy Truitt Pierce, as a member of the Board of Trustees for Everett Community College District No. 5, was confirmed.

APPOINTMENT OF NANCY TRUITT PIERCE

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, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 41.

Excused: Senators Deccio, Long, Loveland, Prentice, Sellar, Snyder, West and Wojahn - 8.

MOTION

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

SENATE RESOLUTION 2000-8748

By Senators Honeyford, Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, 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

WHEREAS, Babies are a sign that God wishes the world should go on; and

WHEREAS, The potential possibilities of any child are the most intriguing and stimulating in all creation; and

WHEREAS, Children are our most precious natural resource; and

WHEREAS, Sophia Vina Ho’onanea Hart was born to the daughter of Lieutenant Governor Brad Owen on October 15, 1999; and

WHEREAS, Grace Alexandra Kruschke was born to the daughter of Senator Alex Deccio on July 9, 1999; and

WHEREAS, Karissa Jean Akselsen was born to the granddaughter of Senator Alex Deccio on May 6, 1999; and

WHEREAS, Sarah Moyes was born to the daughter of Senator Karen Fraser on February 27, 2000; and

WHEREAS, Hannah Nicole Hochstatter was born to the son of Senator Harold Hochstatter on July 2, 1999; and

WHEREAS, John Henry “Jack” Hammingh was born to the daughter of Senator Jim Honeyford on June 1, 1999; and

WHEREAS, Haley Elizabeth Smith was born to the daughter of Senator Steve Johnson on July 11, 1999; and

WHEREAS, Andrew Evan McDonald was born to the youngest son of Senator Dan McDonald on September 9, 1999; and

WHEREAS, Will Christian McDonald was born to the oldest son of Senator Dan McDonald on January 25, 2000; and

WHEREAS, Molly Kate Warrington was born to the daughter of Senator George Sellar on January 19, 2000;

WHEREAS, Megan Marie Huggler was born to the daughter of Senator Marilyn Rasmussen on June 16, 1999;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby welcome the 1999 Interim and 2000 Session Babies born to members of the Senate or to the children of members of the Senate; and

BE IT FURTHER RESOLVED, That the Washington State Senate wishes all the blessings of life for Sophia, Grace, Karissa, Sarah, Hannah, Jack, Haley, Andrew, Will, Molly and Megan; and

BE IT FURTHER RESOLVED, That Lieutenant Governor Owen, and Senators Deccio, Fraser, Hochstatter, Honeyford, Johnson, McDonald, Sellar and Rasmussen be given an official copy of this resolution to be placed in the baby book of his or her 1999 Interim/2000 Session Baby.

Senators Honeyford, Rasmussen, Johnson, McCaslin, Finkbeiner, Deccio, Hochstatter and Shin spoke to Senate Resolution 2000-8748.

MOTION

At 9:42 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

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

MOTION

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

STATEMENT FOR THE JOURNAL

Please record in the Journal that I missed voting on Engrossed House Bill No. 2755, because I was across the rotunda negotiating a transportation budget issue with a member of the House of Representatives.

SENATOR DON BENTON, Seventeenth District

SECOND READING

ENGROSSED HOUSE BILL NO. 2755, by Representatives Gombosky, Crouse, Wood, Poulsen, Bush, Reardon, Mielke, Grant, McDonald, Delvin and Mastin

Clarifying the taxation of electrical energy sales.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Engrossed House Bill No. 2755 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. 2755.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2755 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 5; Excused, 4.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley, Wojahn and Zarelli - 40.

Absent: Senators Benton, Fraser, Hargrove, Horn and Thibaudeau - 5.

Excused: Senators Deccio, Loveland, Sellar and West - 4.

ENGROSSED HOUSE BILL NO. 2755, 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 Horn was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2649, by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Wolfe, Radcliff and Ruderman) (by request of Department of Information Services)

Granting the department of information services the authority to provide services to nonprofit organizations.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 2649 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 Stevens: “Senator Brown, could you provide for me the information as to the types of non-profit organizations? For example, would these be considered 501C3 non-profit organizations, as is designated under the federal government?”

Senator Brown: “Senator, thank you for your question. These are non-profit public benefit organizations that receive at least fifty percent of their funding from public sources. I would be happy to get you a list. I think that there are about thirty of them that are receiving these--basically discounted phone services for their organizations. This just clarifies that the department that is currently providing these services has the authority to do that. If we don’t do this, it is not clear--if we want to take away their authority, then essentially we are imposing on these small non-profits additional costs, which they will have to pass on to taxpayers, because they receive their funds from taxpayers.”

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. 2649.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2649 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 17; Absent, 2; Excused, 3.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Spanel, West, Winsley and Wojahn - 27.

Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker and Zarelli - 17.

Absent: Senators Snyder and Thibaudeau - 2.

Excused: Senators Deccio, Horn and Sellar - 3.

SUBSTITUTE HOUSE BILL NO. 2649, 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 Eide, Senator Snyder was excused.

SECOND READING

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1071, by House Committee on State Government (originally sponsored by Representatives Romero and D. Schmidt) (by request of Alternative Public Works Methods Oversight Committee)

Creating a limited public works process.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.04 RCW to read as follows:

In addition to any other power or authority that an agency may have, an agency alone or in concert with another agency may award contracts for work, construction, alteration, repair, or improvement projects estimated to cost less than thirty-five thousand dollars using a limited public works process without advertising and competitive bidding. An agency using the limited public works process shall solicit electronic or written quotations from a minimum of three contractors included on the appropriate small works roster established under RCW 39.04.150, making an effort to include a certified minority or certified woman-owned contractor, and shall award the contract to the lowest responsible bidder, even if only one quotation is received, or shall reject all quotations. After an award is made, the quotations shall be open to public inspection and available by electronic request. Unless the agency chooses to notify all contractors on the appropriate roster who are willing to perform work in the geographic area of the work, a contractor on the appropriate roster who is willing to perform work in that geographic area and who has been sent a notice of a project shall not be sent another notice of a project until all others on the appropriate roster who are willing to perform work in the geographic area have been sent notice of a project. An agency shall maintain a list each biennium of the contracts awarded under the limited public works process, including the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the date it was awarded. For limited public works projects, an agency may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed pursuant to Title 82 RCW that may be due from the contractor for the limited public works project, however the agency shall have a right of recovery against the contractor for any payments made on the contractor's behalf.

(2) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited.

(3) As used in this section, the term "agency" means the department of general administration, the department of fish and wildlife, the department of natural resources, the department of transportation, and the state parks and recreation commission.

Sec. 2. RCW 39.04.155 and 1998 c 278 s 12 are each amended to read as follows:

(1) A municipality may use either the small works roster process as defined in subsection (2) of this section or an alternative small works roster process that is called the limited public works process as defined in subsection (3) of this section for work, construction, repair, alteration, or improvement projects.

(2)(a) This ((section)) subsection provides a uniform process to award contracts for public works projects by those municipalities that are authorized to use a small works roster in lieu of the requirements for formal sealed bidding. The state statutes governing a specific type of municipality shall establish the maximum dollar thresholds of the contracts that can be awarded under this process, and may include other matters concerning the small works roster process, for the municipality.

(((2))) (b) Such municipalities may create a single general small works roster, or may create a small works roster for different categories of anticipated work. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list, and where required by law are properly licensed or registered to perform such work in this state. At least twice a year, the municipality shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters.

The governing body of the municipality shall establish a procedure for securing ((telephone)) electronic or written quotations from the contractors on the general small works roster, or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911. Such invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This section does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Whenever possible at least five contractors shall be invited to submit bids. Once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the small works roster have been afforded an opportunity to submit a proposal on a contract. Proposals may be invited from all appropriate contractors on the small works roster.

A contract awarded from a small works roster under this section need not be advertised.

Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by ((telephone)) electronic inquiry.

(3)(a) Work, construction, alteration, repair, or improvement projects estimated to cost less than thirty-five thousand dollars are limited public works exempt from the small works roster process and from the requirement that contracts be awarded after advertisement and competitive bid as provided in RCW 39.04.010. For limited public works projects, the municipality shall solicit electronic or written quotations from a minimum of three contractors on the appropriate small works roster, making an effort to include a certified minority or certified woman-owned contractor, and shall award the contract to the lowest responsible bidder, even if only one quotation is received, or reject all quotations. After an award is made, the quotations must be open to public inspection and available by electronic request. Unless the municipality chooses to notify all contractors on the appropriate roster, a contractor on the appropriate roster who has been sent a notice of a project shall not be sent another notice of a project until all others on the appropriate roster who are willing to perform work have been sent notice of a project. A municipality shall maintain a list each biennium of the contracts awarded under the limited public works process, including the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the date it was awarded. For limited public works projects, a municipality may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed pursuant to Title 82 RCW that may be due from the contractor for the limited public works project, however the agency shall have a right of recovery against the contractor for any payments made on the contractor's behalf.

(b) The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount for bidding is contrary to public policy and is prohibited."

MOTIONS

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

On page 1, line 1 of the title, after "works;" strike the remainder of the title and insert "amending RCW 39.04.155; and adding a new section to chapter 39.04 RCW."

On motion of Senator Patterson, the rules were suspended, Engrossed Second Substitute House Bill No. 1071, 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 Second Substitute House Bill No. 1071, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1071, 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, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Deccio, Sellar and Snyder - 3.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1071, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Franklin, Senator Wojahn was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2345, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives O'Brien, Ballasiotes, Ruderman, Hurst and Lovick) (by request of Department of Social and Health Services)

Requiring the secretary of social and health services to adopt rules for oversight and operation of the sexually violent predator program.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 2345 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. 2345.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2345 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 44.

Absent: Senator Zarelli - 1.

Excused: Senators Deccio, Sellar, Snyder and Wojahn - 4.

SUBSTITUTE HOUSE BILL NO. 2345, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6062, by Senators Gardner, Spanel, West and Oke

Providing a sales and use tax deferral for natural gas-fired energy generating facilities sited in rural areas.

MOTIONS

On motion of Senator Gardner, Substitute Senate Bill No. 6062 was substituted for Senate Bill No. 6062 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 6062 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6062.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6062 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 40.

Voting nay: Senators Brown, Fairley, Fraser, Jacobsen, Kohl-Welles, McDonald, Patterson and Thibaudeau - 8.

Excused: Senator Sellar - 1.

SUBSTITUTE SENATE BILL NO. 6062, 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. 2348, by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler and Linville) (by request of Conservation Commission)

Authorizing treasurer services for conservation districts.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 2348 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. 2348.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2348 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.

Absent: Senators Deccio, Morton and Zarelli - 3.

Excused: Senator Sellar - 1.

SUBSTITUTE HOUSE BILL NO. 2348, 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.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the Rhododendron Festival Royalty from Port Townsend, who were seated in the gallery.

MOTION

On motion of Senator Honeyford, Senator Morton was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2377, by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler, Linville, Pennington and Haigh) (by request of Department of Agriculture)

Regulating custom meat slaughter and preparation.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 2377 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. 2377.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2377 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, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Absent: Senators Haugen and Horn - 2.

Excused: Senators Morton and Sellar - 2.

SUBSTITUTE HOUSE BILL NO. 2377, 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 Betti Sheldon, the Senate reverted to the fourth order of business.

MESSAGES FROM THE HOUSE

March 1, 2000

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6644, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The Co-Speakers have signed:

ENGROSSED SENATE BILL NO. 5152,

SUBSTITUTE SENATE BILL NO. 5408,

ENGROSSED SENATE BILL NO. 5667,

SENATE BILL NO. 6138,

SENATE BILL NO. 6139,

SENATE BILL NO. 6140,

SUBSTITUTE SENATE BILL NO. 6147,

SUBSTITUTE SENATE BILL NO. 6182,

SENATE BILL NO. 6206,

SENATE BILL NO. 6223,

SUBSTITUTE SENATE BILL NO. 6276,

SENATE BILL NO. 6307,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6347, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The Co-Speakers have signed:

SUBSTITUTE SENATE BILL NO. 5366,

SUBSTITUTE SENATE BILL NO. 5932,

SENATE BILL NO. 6237,

SENATE BILL NO. 6275,

SUBSTITUTE SENATE BILL NO. 6349,

SENATE BILL NO. 6366,

SENATE BILL NO. 6378,

SENATE BILL NO. 6429,

SENATE BILL NO. 6622,

SENATE BILL NO. 6642,

SUBSTITUTE SENATE BILL NO. 6643,

SENATE BILL NO. 6667,

SENATE BILL NO. 6678,

SUBSTITUTE SENATE BILL NO. 6687,

SENATE BILL NO. 6741,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8017,

SENATE JOINT MEMORIAL NO. 8019,

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6149,

SUBSTITUTE SENATE BILL NO. 6375,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6732, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The House has passed:

SUBSTITUTE SENATE BILL NO. 5590,

SUBSTITUTE SENATE BILL NO. 5805,

SUBSTITUTE SENATE BILL NO. 6115,

SUBSTITUTE SENATE BILL NO. 6213,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6295,

SENATE BILL NO. 6602,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6761,

SENATE JOINT MEMORIAL NO. 8021, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The Co-Speakers have signed:

ENGROSSED HOUSE BILL NO. 1711,

ENGROSSED HOUSE BILL NO. 2334,

SUBSTITUTE HOUSE BILL NO. 2367,

SUBSTITUTE HOUSE BILL NO. 2410,

SUBSTITUTE HOUSE BILL NO. 2528,

HOUSE BILL NO. 2532,

ENGROSSED HOUSE BILL NO. 2559,

SUBSTITUTE HOUSE BILL NO. 2590,

HOUSE BILL NO. 2722,

HOUSE BILL NO. 2750,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798,

SUBSTITUTE HOUSE BILL NO. 2846,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884,

HOUSE BILL NO. 2904, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 2, 2000

MR. PRESIDENT:

The Co-Speakers have signed:

SUBSTITUTE HOUSE BILL NO. 2022,

HOUSE BILL NO. 2031,

ENGROSSED HOUSE BILL NO. 2322,

HOUSE BILL NO. 2328,

HOUSE BILL NO. 2329,

SUBSTITUTE HOUSE BILL NO. 2358,

HOUSE BILL NO. 2397,

SUBSTITUTE HOUSE BILL NO. 2423,

SUBSTITUTE HOUSE BILL NO. 2493,

HOUSE BILL NO. 2496,

HOUSE BILL NO. 2516,

HOUSE BILL NO. 2519,

HOUSE BILL NO. 2535,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2589,

HOUSE BILL NO. 2607,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617,

HOUSE BILL NO. 2630,

HOUSE BILL NO. 2660,

HOUSE BILL NO. 2765,

HOUSE BILL NO. 2848,

SUBSTITUTE HOUSE BILL NO. 2899,

HOUSE BILL NO. 2926,

HOUSE JOINT MEMORIAL NO. 4022, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED SUBSTITUTE SENATE BILL NO. 6149,

SUBSTITUTE SENATE BILL NO. 6375,

SUBSTITUTE SENATE BILL NO. 6644,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6732.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE SENATE BILL NO. 5590,

SUBSTITUTE SENATE BILL NO. 5805,

SUBSTITUTE SENATE BILL NO. 6115,

SUBSTITUTE SENATE BILL NO. 6213,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6295,

SENATE BILL NO. 6602,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6761,

SENATE JOINT MEMORIAL NO. 8021.

SIGNED BY THE PRESIDENT

The President signed:

ENGROSSED HOUSE BILL NO. 1711,

ENGROSSED HOUSE BILL NO. 2334,

SUBSTITUTE HOUSE BILL NO. 2367,

SUBSTITUTE HOUSE BILL NO. 2410,

SUBSTITUTE HOUSE BILL NO. 2528,

HOUSE BILL NO. 2532,

ENGROSSED HOUSE BILL NO. 2559,

SUBSTITUTE HOUSE BILL NO. 2590,

HOUSE BILL NO. 2722,

HOUSE BILL NO. 2750,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798,

SUBSTITUTE HOUSE BILL NO. 2846,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2884,

HOUSE BILL NO. 2904.

SIGNED BY THE PRESIDENT

The President signed:

SUBSTITUTE HOUSE BILL NO. 2022,

HOUSE BILL NO. 2031,

ENGROSSED HOUSE BILL NO. 2322,

HOUSE BILL NO. 2328,

HOUSE BILL NO. 2329,

SUBSTITUTE HOUSE BILL NO. 2358,

HOUSE BILL NO. 2397,

SUBSTITUTE HOUSE BILL NO. 2423,

SUBSTITUTE HOUSE BILL NO. 2493,

HOUSE BILL NO. 2496,

HOUSE BILL NO. 2516,

HOUSE BILL NO. 2519,

HOUSE BILL NO. 2535,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2589,

HOUSE BILL NO. 2607,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2617,

HOUSE BILL NO. 2630,

HOUSE BILL NO. 2660,

HOUSE BILL NO. 2765,

HOUSE BILL NO. 2848,

SUBSTITUTE HOUSE BILL NO. 2899,

HOUSE BILL NO. 2926,

HOUSE JOINT MEMORIAL NO. 4022.

MOTION

On motion of Senator Betti Sheldon, Rule 15 will be suspended for the remainder of the day.

EDITOR’S NOTE: Rule 15 states: ‘The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day, the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.’

MOTION

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

The Senate was called to order at 1:15 p.m. by President Owen.

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

SECOND READING

HOUSE BILL NO. 2522, by Representatives Lantz, McDonald, Constantine, Lambert, Dickerson, Barlean, Hurst and Carrell

Modifying court jurisdiction.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, House Bill No. 2522 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

MOTION

On motion of Senator Honeyford, Senator McCaslin was excused.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2522.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2522 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 9; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Jacobsen, Johnson, Long, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Wojahn - 37.

Absent: Senators Finkbeiner, Gardner, Hargrove, Horn, Kline, Kohl-Welles, Thibaudeau, Winsley and Zarelli - 9.

Excused: Senators McCaslin, Morton and Sellar - 3.

HOUSE BILL NO. 2522, 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.

MOTIONS

On motion of Senator Snyder, the Senate advanced to the ninth order of business.

On motion of Senator Snyder, the Committee on State and Local Government was relieved of further consideration of House Bill No. 2505.

MOTIONS

On motion of Senator Snyder, the rules were suspended, House Bill No. 2505 was advanced to second reading and placed on the second reading calendar.

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

MOTION

On motion of Senator Franklin, Senator Hargrove was excused.

SECOND READING

HOUSE BILL NO. 2449, by Representatives Pennington, Constantine and Mitchell

Revising provisions relating to ethics board staff review of ethics complaints.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 42.52.420 and 1994 c 154 s 212 are each amended to read as follows:

(1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint. The investigation shall be limited to the ((alleged facts)) allegations contained in the complaint.

(2) The results of the investigation shall be reduced to writing and the staff shall either make a determination ((shall be made)) that the complaint should be dismissed pursuant to section 2 of this act, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.

((A copy of the written)) (3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.

NEW SECTION. Sec. 2. A new section is added to chapter 42.52 RCW to read as follows:

(1) Based on the investigation conducted under RCW 42.52.420, and subject to rules issued by each board, the staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:

(a) Any violation that may have occurred is not within the jurisdiction of the board;

(b) The complaint is obviously unfounded or frivolous; or

(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.

(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the respondent shall include a statement of the respondent's right to appeal to the board under subsection (3) of this section.

(3) In the event that a complaint is dismissed under this section, the complainant may request that the board review the action. Following review, the board shall:

(a) Affirm the staff dismissal;

(b) Direct the staff to conduct further investigation; or

(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent."

MOTION

On motion of Senator Patterson, the following striking amendment was adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 42.52.420 and 1994 c 154 s 212 are each amended to read as follows:

((A copy of the written)) (3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.

NEW SECTION. Sec. 2. A new section is added to chapter 42.52 RCW to read as follows:

(a) Any violation that may have occurred is not within the jurisdiction of the board;

(b) The complaint is obviously unfounded or frivolous; or

(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right to appeal to the board under subsection (3) of this section.

(3) In the event that a complaint is dismissed under this section, the complainant may request that the board review the action. Following review, the board shall:

(a) Affirm the staff dismissal;

(b) Direct the staff to conduct further investigation; or

(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent."

MOTIONS

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

On page 1, line 1 of the title, after "complaints;" strike the remainder of the title and insert "amending RCW 42.52.420; and adding a new section to chapter 42.52 RCW."

On motion of Senator Patterson, the rules were suspended, House Bill No. 2449, 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 House Bill No. 2449, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2449, 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, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Excused: Senators Hargrove, McCaslin and Sellar - 3.

HOUSE BILL NO. 2449, 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. 2853, by Representatives Wolfe, D. Schmidt, Romero, Cairnes, Haigh and Cody (by request of Department of Services for the Blind)

Conforming the advisory council for the blind with the federal rehabilitation act.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, House Bill No. 2853 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. 2853.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2853 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Hargrove, McCaslin and Sellar - 3.

HOUSE BILL NO. 2853, 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.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced visitors from Kyrgyzstan, a newly established nation in Central Asia. Accompanying the special guests was Robert Shoemaker with the American Bar Association. The guests, lawyers from the Kyrgyzstan Parliament, are here for two weeks studying our law-making processes.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2776, by House Committee on Judiciary (originally sponsored by Representatives Constantine, Carrell, Lantz and Hurst)

Providing for deferred findings and collection of an administrative fee in an infraction case.

The bill was read the second time.

MOTION

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

On page 2, line 21, after "conditions" insert "and has not been determined to have committed another traffic infraction"

MOTION

On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2776, 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. 2776, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2776, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 39.

Voting nay: Senators Benton, Hale, Hochstatter, Long, Morton, Stevens, West and Zarelli - 8.

Excused: Senators Hargrove and Sellar - 2.

SUBSTITUTE HOUSE BILL NO. 2776, 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. 2330, by Representatives McMorris and Scott

Allowing liquor revolving fund disbursements to the death investigations account.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, House Bill No. 2330 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. 2330.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2330 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Deccio - 1.

Excused: Senator Sellar - 1.

HOUSE BILL NO. 2330, 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. 2495, by Representatives Pennington and Benson (by request of Department of Fish and Wildlife)

Allowing holders of big and small game hunting licenses to hunt unclassified wildlife.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, House Bill No. 2495 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Costa: “Senator Jacobsen, would you tell us what a big game license is usually applied for--what type of big game?”

Senator Jacobsen: “I am going to yield to Senator Oke, who is a hunter.”

REMARKS BY SENATOR OKE

Senator Oke: “The big game license is normally for elk, deer--those things. We hope a few cougar.”

Senator Costa: “What are unclassified wildlife licenses?”

Senator Oke: “It is on the list there. The fox, the coyote--those critters that all like to eat pheasants every day and I think that is a mistake.”

Senator Costa: “Does that include bunny rabbits, too?”

Senator Oke: “I think bunny rabbits require a small game license.”

Senator Costa: “Oh, okay. Thank you.”

POINT OF INQUIRY

Senator Patterson: “Senator Jacobsen, I am reluctant to vote for this legislation. However, if you can assure me that crows are on the list of unclassified animals--if you can show me where the word ‘crow’ appears in the bill, I will lend you a vote.”

Senator Jacobsen: “I can’t assure you of that. It is my understanding that crows are protected by international treaties. Therefore, you have to get a special license for that and permit and so on. So, I can’t assure you on this one, but I think is does show you one of the things --the species--when they become over abundant, can become a nuisance. If they are uncontrolled in some ways, it can make the planet uninhabitable.”

POINT OF INQUIRY

Senator Stevens: “Senator Patterson, it is my understanding that your point of inquiry here is because you are planning to eat crow. Is that correct?”

Senator Patterson: “You got it.”

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2495.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2495 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Deccio, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 35.

Voting nay: Senators Costa, Eide, Fairley, Franklin, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Sheldon, B., Thibaudeau and Wojahn - 12.

Absent: Senator Snyder - 1.

Excused: Senator Sellar - 1.

HOUSE BILL NO. 2495, 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. 3076, by House Committee on Transportation (originally sponsored by Representatives G. Chandler, Fisher, Mitchell, Cooper, Hankins, Skinner, Ericksen, McDonald, Radcliff, Mulliken and Pflug)

Convening a work group on streamlining project permit processes.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 3076 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. 3076.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 3076 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Absent: Senator Snyder - 1.

Excused: Senator Sellar - 1.

SUBSTITUTE HOUSE BILL NO. 3076, 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 Eide, Senator Snyder was excused.

SECOND READING

HOUSE BILL NO. 2576, by Representatives D. Sommers and Veloria (by request of Department of Licensing)

Modifying provisions concerning the registration of business trade names.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, House Bill No. 2576 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. 2576.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2576 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, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Haugen - 1.

Excused: Senators Sellar and Snyder - 2.

HOUSE BILL NO. 2576, 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 Eide, Senators Haugen and Fairley were excused.

SECOND READING

HOUSE BILL NO. 2600, by Representatives Santos, Bush and Tokuda

Controlling domestic insurance companies.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, House Bill No. 2600 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. 2600.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2600 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Absent: Senator Kline - 1.

Excused: Senators Fairley, Haugen, Sellar and Snyder - 4.

HOUSE BILL NO. 2600, 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. 2628, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler)

Modifying prohibitions on colostrum milk.

The bill was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 2628 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. 2628.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2628 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

Voting nay: Senator Fraser - 1.

Absent: Senator Kline - 1.

Excused: Senators Fairley, Haugen, Sellar and Snyder - 4.

SUBSTITUTE HOUSE BILL NO. 2628, 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 Betti Sheldon, Senator Kline was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 3032, by House Committee on Local Government (originally sponsored by Representative Mulliken)

Extending annexation authority to certain port districts along the Interstate 90 corridor.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 53.04.180 and 1999 c 250 s 5 are each amended to read as follows:

(1) By a majority vote of the commission, and with the written consent of all the owners of the property to be annexed, a port commission of a district that is less than county-wide, and that is located in a county with a population of less than ninety thousand and located in either the Interstate 5 or Interstate 90 corridor, may annex, for industrial development or other port district purposes, property contiguous to the district's boundaries and not located within the boundaries of any other port district.

(2) The written consent required by subsection (1) of this section must contain a full and correct legal description of the property to be annexed, must include the signature of all owners of the property to be annexed, and must be addressed to and filed with the commission.

(3) If the commission approves annexation under this section, it shall do so by resolution and shall file a certified copy of the resolution with the board of county commissioners of the county in which the annexed property is located. Upon the date fixed in the resolution, the area annexed becomes part of the district.

Sec. 2. RCW 53.04.150 and 1999 c 250 s 2 are each amended to read as follows:

A port district that is less than county-wide, and that is located in a county with a population of less than ninety thousand and located in either the Interstate 5 or Interstate 90 corridor, may petition for annexation of an area that is contiguous to its boundaries, is not located within the boundaries of any other port district, and contains no registered voters. The petition must be in writing, addressed to and filed with the port commission, and signed by the owners of not less than seventy-five percent of the property value in the area to be annexed, according to the assessed value for general taxation. The petition must contain a legal description of the property according to government legal subdivisions or legal plats, or a sufficient metes and bounds description, and must be accompanied by a plat outlining the boundaries of the property to be annexed.

Sec. 3. RCW 36.70A.103 and 1991 sp.s. c 32 s 4 are each amended to read as follows:

(1) State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter.

(2) Any annexation pursuant to RCW 53.04.150 or 53.04.180, occurring in a county planning under this chapter, must comply with local comprehensive plans and development regulations adopted pursuant to this chapter when the comprehensive plans and development regulations are consistent with the county-wide planning policies developed pursuant to RCW 36.70A.210."

MOTION

On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 3032 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. 3032.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 3032 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, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Hargrove - 1.

Excused: Senators Kline and Sellar - 2.

SUBSTITUTE HOUSE BILL NO. 3032, 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. 2670, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Delvin, Linville, G. Chandler and Hankins)

Authorizing the department of ecology to waive the requirement for a reserve account for landfills.

The bill was read the second time.

MOTION

Senator Fraser moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 70.95.215 and 1985 c 436 s 1 are each amended to read as follows:

(1) By July 1, 1987, each holder or applicant of a permit for a landfill disposal facility issued under this chapter shall establish a reserve account to cover the costs of closing the facility in accordance with state and federal regulations. The account shall be designed to ensure that there will be adequate revenue available by the projected date of closure. A landfill disposal ((facilities)) facility maintained on private property for the sole use of the entity owning the site and a landfill disposal facility operated and maintained by a government shall not be required to establish a reserve account if, to the satisfaction of the department, ((they)) the entity or government provides another form of financial assurance adequate to comply with the requirements of this section.

(2) By July 1, 1986, the department shall adopt rules under chapter 34.05 RCW to implement subsection (1) of this section. The department is not required to adopt rules pertaining to other approved forms of financial assurance to cover the costs of closing a landfill disposal facility. The rules shall include but not be limited to:

(a) Methods to estimate closure costs, including postclosure monitoring, pollution prevention measures, and any other procedures required under state and federal regulations;

(b) Methods to ensure that reserve accounts receive adequate funds, including:

(i) Requirements that the reserve account be generated by user fees. However, the department may waive this requirement for existing landfills if user fees would be prohibitively high;

(ii) Requirements that moneys be placed in the reserve account on a regular basis and that the reserve account be kept separate from all other accounts; and

(iii) Procedures for the department to verify that adequate sums are deposited in the reserve account; and

(c) Methods to ensure that other types of financial assurance provided in accordance with subsection (1) of this section are adequate to cover the costs of closing the facility.

NEW SECTION. Sec. 2. (1) The state solid waste advisory committee shall direct a study by the department of ecology and the utilities and transportation commission on the adequacy of financing to assure landfill closure. The study shall include, but is not limited to:

(a) Clear description of the financial assurance mechanisms authorized by law;

(b) A summary of current financial assurances for landfill closure currently in place for all landfills in the state. The department shall compile this information from existing sources such as capital facilities plans authorized under the growth management act, local government solid waste management plans and budgets, and financial audits by the state auditor. The summary shall include, but shall not be limited to:

(i) A list of all landfill disposal facilities, the ownership of the facilities, and whether the facilities have an affiliated interest, as defined in chapter 81.16 RCW, with a solid waste collection company;

(ii) The estimated cost to close the landfill and the years to closure;

(iii) The financial mechanisms approved by the jurisdictional health department or the department to assure landfill closure; and

(iv) The status of financial mechanisms, including account balance, loans against, or encumbrances on the financial mechanisms; and

(2) The report shall include recommendations for modifying requirements for financing mechanisms to assure landfill closure and maintaining and reporting information on the status of financial assurances. The solid waste advisory committee shall provide the report to the legislature by December 15, 2000."

MOTION

Senator Fraser moved that the following amendment by Senators Fraser, Hale and Morton to the Committee on Environmental Quality and Water Resources striking amendment be adopted:

On page 2, line 6, after "Sec. 2." strike the remainder of the section through "December 15, 2000." on line 34 and insert: "(1) The state solid waste advisory committee shall direct a study by the department of ecology on the adequacy of financing to assure landfill closure. The study shall include, but is not limited to:

(a) A clear description of the financial assurance mechanisms authorized by law;

(i) The estimated cost to close the landfill facility and the years to closure;

(ii) The financial mechanisms approved by the jurisdictional health department or the department to assure landfill closure; and

(iii) The status of financial mechanisms, including account balance, loans against, or encumbrances on the financial mechanisms; and

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser, Hale and Morton on page 2, line 6, to the Committee on Environmental Quality and Water Resources striking amendment to Substitute House Bill No. 2670.

The motion by Senator Fraser 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 Environmental Quality and Water Resources striking amendment, as amended, to Substitute House Bill No. 2670.

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

MOTIONS

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

On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 70.95.215; and creating a new section."

On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2670, 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. 2670, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2670, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Hargrove - 1.

Excused: Senator Sellar - 1.

SUBSTITUTE HOUSE BILL NO. 2670, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Franklin, Senator Loveland was excused.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2939, by House Committee on Agriculture and ecology (originally sponsored by Representatives Linville and G. Chandler)

Providing guidelines for recycling and waste reduction.

The bill was read the second time.

MOTION

Senator Fraser moved that the following Committee on Environmental Quality and Water Resources striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The department of general administration shall work with commercial and industrial construction industry organizations to develop guidelines for implementing on-site construction waste management planning. The topics addressed in the guidelines shall include, but shall not be limited to:

(a) Standards for identifying the type of wastes generated during construction;

(b) Methods for analyzing the availability and cost-effectiveness of recycling services for each type of waste;

(c) Methods for evaluating construction waste management alternatives given limited recycling services in rural areas of the state;

(d) Strategies to maximize reuse and recycling of wastes and minimize landfill disposal;

(e) Standardized formats for on-site construction waste management planning and reporting documents; and

(f) A training and technical assistance plan for public and private building owners and construction industry members, in order to facilitate incorporation of waste management planning and recycling into standard construction industry practice.

(2) By December 15, 2000, the department of general administration shall provide a report to the legislature on the development of the guidelines required by subsection (1) of this section. The report shall include recommendations for incorporating job-site waste management planning and recycling into standard construction industry practice.

Sec. 2. RCW 43.19.1905 and 1995 c 269 s 1402 are each amended to read as follows:

The director of general administration shall establish overall state policy for compliance by all state agencies, including educational institutions, regarding the following purchasing and material control functions:

(1) Development of a state commodity coding system, including common stock numbers for items maintained in stores for reissue;

(2) Determination where consolidations, closures, or additions of stores operated by state agencies and educational institutions should be initiated;

(3) Institution of standard criteria for determination of when and where an item in the state supply system should be stocked;

(4) Establishment of stock levels to be maintained in state stores, and formulation of standards for replenishment of stock;

(5) Formulation of an overall distribution and redistribution system for stock items which establishes sources of supply support for all agencies, including interagency supply support;

(6) Determination of what function data processing equipment, including remote terminals, shall perform in state-wide purchasing and material control for improvement of service and promotion of economy;

(7) Standardization of records and forms used state-wide for supply system activities involving purchasing, receiving, inspecting, storing, requisitioning, and issuing functions, including a standard notification form for state agencies to report cost-effective direct purchases, which shall at least identify the price of the goods as available through the division of purchasing, the price of the goods as available from the alternative source, the total savings, and the signature of the notifying agency's director or the director's designee;

(8) Screening of supplies, material, and equipment excess to the requirements of one agency for overall state need before sale as surplus;

(9) Establishment of warehouse operation and storage standards to achieve uniform, effective, and economical stores operations;

(10) Establishment of time limit standards for the issuing of material in store and for processing requisitions requiring purchase;

(11) Formulation of criteria for determining when centralized rather than decentralized purchasing shall be used to obtain maximum benefit of volume buying of identical or similar items, including procurement from federal supply sources;

(12) Development of criteria for use of leased, rather than state owned, warehouse space based on relative cost and accessibility;

(13) Institution of standard criteria for purchase and placement of state furnished materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or renovated state buildings;

(14) Determination of how transportation costs incurred by the state for materials, supplies, services, and equipment can be reduced by improved freight and traffic coordination and control;

(15) Establishment of a formal certification program for state employees who are authorized to perform purchasing functions as agents for the state under the provisions of chapter 43.19 RCW;

(16) Development of performance measures for the reduction of total overall expense for material, supplies, equipment, and services used each biennium by the state;

(17) Establishment of a standard system for all state organizations to record and report dollar savings and cost avoidance which are attributable to the establishment and implementation of improved purchasing and material control procedures;

(18) Development of procedures for mutual and voluntary cooperation between state agencies, including educational institutions, and political subdivisions for exchange of purchasing and material control services;

(19) Resolution of all other purchasing and material matters which require the establishment of overall state-wide policy for effective and economical supply management;

(20) Development of guidelines and criteria for the purchase of vehicles, alternate vehicle fuels and systems, equipment, and materials that reduce overall energy-related costs and energy use by the state, including the requirement that new passenger vehicles purchased by the state meet the minimum standards for passenger automobile fuel economy established by the United States secretary of transportation pursuant to the energy policy and conservation act (15 U.S.C. Sec. 2002);

(21) Development of goals for state use of recycled and environmentally preferable products through specifications for products and services, processes for requests for proposals and requests for qualifications, contractor selection, and contract negotiations.

Sec. 3. RCW 43.19A.020 and 1996 c 198 s 1 are each amended to read as follows:

(1) The ((USEPA)) federal product standards, ((as now or hereafter amended)) adopted under 42 U.S.C. Sec. 6962(e) as it exists on the effective date of this act, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in (((a) and (b) of)) this subsection ((by the dates indicated)), unless the director finds that a different standard would significantly increase recycled product availability or competition.

(a) ((By July 1, 1997:

(i))) Paper and paper products;

(((ii))) (b) Organic recovered materials; ((and

(iii))) (c) Latex paint products;

(((b) By July 1, 1997:

(i))) (d) Products for lower value uses containing recycled plastics;

(((ii))) (e) Retread and remanufactured tires;

(((iii))) (f) Lubricating oils;

(((iv))) (g) Automotive batteries;

(((v))) (h) Building ((insulation)) products and materials;

(((vi))) (i) Panelboard; and

(((vii))) (j) Compost products.

(2) By July 1, 2001, the director shall adopt product standards for strawboard manufactured using as an ingredient straw that is produced as a by-product in the production of cereal grain or turf or grass seed.

(3) The standards required by this section shall be applied to recycled product purchasing by the department ((and)), other state agencies, and state postsecondary education institutions. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.

NEW SECTION. Sec. 4. The legislature encourages city, county, and state governments, the private sector, and consumers to collaborate in sharing information and becoming informed about opportunities for increasing voluntary product stewardship to support the state's recycling goals. For purposes of this section, "product stewardship" means a principle that directs all actors in the life cycle of a product to minimize impacts of that product on the environment.

Sec. 5. RCW 39.04.133 and 1996 c 198 s 5 are each amended to read as follows:

(1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of state capital improvement projects.

(2) ((Specifications for materials in state construction projects shall include the use of recycled content products and recyclable products whenever practicable.)) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020, shall apply to the materials used in the project, whenever the administering agency and project owner determine that such products would be cost-effective and are readily available.

(3) This section does not apply to contracts entered into by a municipality.

NEW SECTION. Sec. 6. A new section is added to chapter 81.77 RCW to read as follows:

(1) As an incentive to increase recycling and reduce landfill disposal, the commission shall allow a solid waste collection company collecting recyclable materials from residential customers to retain a portion of the revenue derived from the sale of increased recyclable materials tonnage. In order to qualify to participate in a recycling revenue sharing program each hauler must submit to the commission a plan certified by the appropriate local government authority as being consistent with the local government solid waste management plan and specifying the 1999 per capita recycling base as determined by the local government. Provided, that customers shall receive one hundred percent of the revenue derived from the sale of recyclable materials, up to the established per capita base. Customers shall receive eighty percent of the revenue derived from the sale of recyclable materials exceeding the established per capita base.

(2) By December 2, 2004, the commission shall provide a report to the legislature that evaluates:

(a) The effectiveness of revenue sharing as an incentive to increase recycling in the state; and

(b) The effect of revenue sharing on costs to customers.

(3) This section expires December 31, 2005.

Sec. 7. RCW 70.95.010 and 1989 c 431 s 1 are each amended to read as follows:

The legislature finds:

(1) Continuing technological changes in methods of manufacture, packaging, and marketing of consumer products, together with the economic and population growth of this state, the rising affluence of its citizens, and its expanding industrial activity have created new and ever-mounting problems involving disposal of garbage, refuse, and solid waste materials resulting from domestic, agricultural, and industrial activities.

(2) Traditional methods of disposing of solid wastes in this state are no longer adequate to meet the ever-increasing problem. Improper methods and practices of handling and disposal of solid wastes pollute our land, air and water resources, blight our countryside, adversely affect land values, and damage the overall quality of our environment.

(3) Considerations of natural resource limitations, energy shortages, economics and the environment make necessary the development and implementation of solid waste recovery and/or recycling plans and programs.

(4) Waste reduction must become a fundamental strategy of solid waste management. It is therefore necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility.

(5) Source separation of waste must become a fundamental strategy of solid waste management. Collection and handling strategies should have, as an ultimate goal, the source separation of all materials with resource value or environmental hazard.

(6)(a) It is the responsibility of every person to minimize his or her production of wastes and to separate recyclable or hazardous materials from mixed waste.

(b) It is the responsibility of state, county, and city governments to provide for a waste management infrastructure to fully implement waste reduction and source separation strategies and to process and dispose of remaining wastes in a manner that is environmentally safe and economically sound. It is further the responsibility of state, county, and city governments to monitor the cost-effectiveness and environmental safety of combusting separated waste, processing mixed waste, and recycling programs.

(c) It is the responsibility of county and city governments to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies.

(d) It is the responsibility of state government to ensure that local governments are providing adequate source reduction and separation opportunities and incentives to all, including persons in both rural and urban areas, and nonresidential waste generators such as commercial, industrial, and institutional entities, recognizing the need to provide flexibility to accommodate differing population densities, distances to and availability of recycling markets, and collection and disposal costs in each community; and to provide county and city governments with adequate technical resources to accomplish this responsibility.

(7) Environmental and economic considerations in solving the state's solid waste management problems requires strong consideration by local governments of regional solutions and intergovernmental cooperation.

(8) The following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable:

(a) Waste reduction;

(b) Recycling, with source separation of recyclable materials as the preferred method;

(d) Energy recovery, incineration, or landfilling of mixed wastes.

(9) It is the state's goal to achieve a fifty percent recycling rate by ((1995)) 2005.

(10) It is the state's goal that programs be established to eliminate disposal of residential or commercial yard debris in landfills by 2010.

(11) Steps should be taken to make recycling at least as affordable and convenient to the ratepayer as mixed waste disposal.

(((11))) (12) It is necessary to compile and maintain adequate data on the types and quantities of solid waste that are being generated and to monitor how the various types of solid waste are being managed.

(((12))) (13) Vehicle batteries should be recycled and the disposal of vehicle batteries into landfills or incinerators should be discontinued.

(((13))) (14) Excessive and nonrecyclable packaging of products should be avoided.

(((14))) (15) Comprehensive education should be conducted throughout the state so that people are informed of the need to reduce, source separate, and recycle solid waste.

(((15))) (16) All governmental entities in the state should set an example by implementing aggressive waste reduction and recycling programs at their workplaces and by purchasing products that are made from recycled materials and are recyclable.

(((16))) (17) To ensure the safe and efficient operations of solid waste disposal facilities, it is necessary for operators and regulators of landfills and incinerators to receive training and certification.

(((17))) (18) It is necessary to provide adequate funding to all levels of government so that successful waste reduction and recycling programs can be implemented.

(((18))) (19) The development of stable and expanding markets for recyclable materials is critical to the long-term success of the state's recycling goals. Market development must be encouraged on a state, regional, and national basis to maximize its effectiveness. The state shall assume primary responsibility for the development of a multifaceted market development program to carry out the purposes of this act.

(((19))) (20) There is an imperative need to anticipate, plan for, and accomplish effective storage, control, recovery, and recycling of discarded tires and other problem wastes with the subsequent conservation of resources and energy.

Sec. 8. RCW 70.95.030 and 1998 c 36 s 17 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "City" means every incorporated city and town.

(2) "Commission" means the utilities and transportation commission.

(3) "Committee" means the state solid waste advisory committee.

(4) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

(5) "Department" means the department of ecology.

(6) "Director" means the director of the department of ecology.

(7) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

(8) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

(9) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

(10) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

(11) "Jurisdictional health department" means city, county, city-county, or district public health department.

(12) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

(13) "Local government" means a city, town, or county.

(14) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

(15) "Multiple family residence" means any structure housing two or more dwelling units.

(16) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(17) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan. Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

(18) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

(19) "Residence" means the regular dwelling place of an individual or individuals.

(20) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

(21) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

(22) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

(23) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

(24) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

(25) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(26) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

(27) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

(28) "Yard debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings four inches or less in diameter.

Sec. 9. RCW 70.95.090 and 1991 c 298 s 3 are each amended to read as follows:

Each county and city comprehensive solid waste management plan shall include the following:

(1) A detailed inventory and description of all existing solid waste handling facilities including an inventory of any deficiencies in meeting current solid waste handling needs.

(2) The estimated long-range needs for solid waste handling facilities projected twenty years into the future.

(3) A program for the orderly development of solid waste handling facilities in a manner consistent with the plans for the entire county which shall:

(a) Meet the minimum functional standards for solid waste handling adopted by the department and all laws and regulations relating to air and water pollution, fire prevention, flood control, and protection of public health;

(b) Take into account the comprehensive land use plan of each jurisdiction;

(d) Contain a plan for financing both capital costs and operational expenditures of the proposed solid waste management system.

(4) A program for surveillance and control.

(5) A current inventory and description of solid waste collection needs and operations within each respective jurisdiction which shall include:

(a) Any franchise for solid waste collection granted by the utilities and transportation commission in the respective jurisdictions including the name of the holder of the franchise and the address of his or her place of business and the area covered by the franchise;

(b) Any city solid waste operation within the county and the boundaries of such operation;

(c) The population density of each area serviced by a city operation or by a franchised operation within the respective jurisdictions;

(d) The projected solid waste collection needs for the respective jurisdictions for the next six years.

(6) A comprehensive waste reduction and recycling element that, in accordance with the priorities established in RCW 70.95.010, provides programs that (a) reduce the amount of waste generated, (b) provide incentives and mechanisms for source separation, and (c) establish recycling opportunities for the source separated waste.

(7) The waste reduction and recycling element shall include the following:

(a) Waste reduction strategies;

(b) Source separation strategies, including:

(i) Programs for the collection of source separated materials from residences in urban and rural areas. In urban areas, these programs shall include collection of source separated recyclable materials from single and multiple family residences, unless the department approves an alternative program, according to the criteria in the planning guidelines. Such criteria shall include: Anticipated recovery rates and levels of public participation, availability of environmentally sound disposal capacity, access to markets for recyclable materials, unreasonable cost impacts on the ratepayer over the six-year planning period, utilization of environmentally sound waste reduction and recycling technologies, and other factors as appropriate. In rural areas, these programs shall include but not be limited to drop-off boxes, buy-back centers, or a combination of both, at each solid waste transfer, processing, or disposal site, or at locations convenient to the residents of the county. The drop-off boxes and buy-back centers may be owned or operated by public, nonprofit, or private persons;

(ii) Programs to monitor the collection of source separated waste at nonresidential sites where there is sufficient density to sustain a program;

(iii) Programs to ((collect)) manage yard ((waste, if the county or city submitting the plan finds that there are)) debris, including strategies to:

(A) Develop collection programs or alternative means for managing yard debris;

(B) Eliminate disposal of yard debris in landfills; and

(C) Encourage adequate markets or capacity for composted yard ((waste)) debris within or near the service area to consume ((the majority of)) the material collected; and

(iv) Programs to educate and promote the concepts of waste reduction and recycling;

(c) Recycling strategies, including a description of markets for recyclables, a review of waste generation trends, a description of waste composition, a discussion and description of existing programs and any additional programs needed to assist public and private sector recycling, and an implementation schedule for the designation of specific materials to be collected for recycling, and for the provision of recycling collection services; and

(d) Other information the county or city submitting the plan determines is necessary.

(8) County and city comprehensive solid waste management plans may provide for the establishment of residential collection rate structures that provide economic incentives for customers to reduce their level of solid waste collection service and encourage participation in waste reduction, recycling, and yard debris collection programs. Any jurisdictions that are signatories to comprehensive solid waste management plans that adopt residential incentive rates shall adopt ordinances to implement rate structures that are consistent with the guidelines in the comprehensive plans. The utilities and transportation commission is authorized to issue rules to implement this section for solid waste collection companies regulated under Title 81 RCW.

(9) An assessment of the plan's impact on the costs of solid waste collection. The assessment shall be prepared in conformance with guidelines established by the utilities and transportation commission. The commission shall cooperate with the Washington state association of counties and the association of Washington cities in establishing such guidelines.

(((9))) (10) A review of potential areas that meet the criteria as outlined in RCW 70.95.165.

Sec. 10. RCW 70.95.280 and 1989 c 431 s 13 are each amended to read as follows:

The department of ecology shall determine the best management practices for categories of solid waste in accordance with the priority solid waste management methods established in RCW 70.95.010. In order to make this determination, the department shall conduct a comprehensive solid waste stream analysis and evaluation. Following establishment of baseline data resulting from an initial in-depth analysis of the waste stream, the department shall develop a less intensive method of monitoring the disposed waste stream including, but not limited to, changes in the amount of waste generated and waste type. The department shall monitor curbside collection programs and other waste segregation and disposal technologies to determine, to the extent possible, the effectiveness of these programs in terms of cost and participation, their applicability to other locations, and their implications regarding rules adopted under this chapter. Persons who collect solid waste shall annually report to the department the types and quantities of solid waste that are collected and where it is delivered. The department shall adopt guidelines for reporting and for ((keeping proprietary information confidential)) maintaining the confidentiality of proprietary information included in the report. By March 1st of each year, entities that collect recycled material shall report their activity from the previous calendar year on a form provided by the department. The department may impose a penalty of one hundred dollars on any entity that fails to submit the required report to the department. The department may impose an additional penalty of one hundred dollars for each day after March 1st that a firm fails to submit the required report. The total penalties for failure to report shall not exceed one thousand dollars. By May 1st of each year, the department may arrange for the publication in recycling and solid waste industry trade publications the names of those entities failing to file the required report. The department shall structure penalties and other sanctions so as to encourage compliance with the annual reporting requirement.

Sec. 11. RCW 70.95.290 and 1988 c 184 s 3 are each amended to read as follows:

(1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements:

(a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and

(b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;

(c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.

(2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. At a minimum the following categories of waste shall be evaluated:

(a) By January 1, 1989, yard ((waste)) debris and other biodegradable materials, paper products, disposable diapers, and batteries; ((and))

(b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires; and

(3) The department is prohibited from adopting rules that mandate best management practices for the categories of solid waste identified in subsection (2) of this section.

Sec. 12. RCW 70.95.810 and 1998 c 245 s 132 are each amended to read as follows:

(1) In order to establish the feasibility of composting food and yard ((wastes)) debris, the department shall provide funds, as available, to local governments submitting a proposal to compost such wastes.

(2) The department, in cooperation with the department of community, trade, and economic development, may approve an application if the project can demonstrate the essential parameters for successful composting, including, but not limited to, cost-effectiveness, handling and safety requirements, and current and potential markets."

MOTION

Senator Eide moved that the following amendment by Senators Eide, Fraser and Morton to the Committee on Environmental Quality and Water Resources striking amendment be adopted:

On page 5, line 30, after "receive" strike "eighty" and insert "sixty"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Eide, Fraser and Morton on page 5, line 30, to the Committee on Environmental Quality and Water Resources striking amendment to Substitute House Bill No. 2939.

The motion by Senator Eide carried and the amendment to the committee striking amendment was adopted.

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

MOTIONS

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

On page 1, line 1 of the title, after "reduction;" strike the remainder of the title and insert "amending RCW 43.19.1905, 43.19A.020, 39.04.133, 70.95.010, 70.95.030, 70.95.090, 70.95.280, 70.95.290, and 70.95.810; adding a new section to chapter 81.77 RCW; creating new sections; prescribing penalties; and providing an expiration date."

On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 2939, 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. 2939, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2939, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Loveland and Sellar - 2.

SUBSTITUTE HOUSE BILL NO. 2939, 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 SECOND SUBSTITUTE HOUSE BILL NO. 1987, by House Committee on Finance (originally sponsored by Representatives Schoesler, Grant and G. Chandler)

Providing tax exemptions and credits to encourage a reduction in agricultural burning of cereal grains and field and turf grass grown for seed.

The bill was read the second time.

MOTION

On motion of Senator Brown, the rules were suspended, Engrossed Second Substitute House Bill No. 1987 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1987.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1987 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 42.

Voting nay: Senators Jacobsen, Kline, Kohl-Welles, Patterson and Thibaudeau - 5.

Excused: Senators Loveland and Sellar - 2.

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1987, 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. 2799, by House Committee on Judiciary (originally sponsored by Representatives Lambert, Hurst, Kagi, Benson, Lovick and Pflug)

Granting state-wide warrant jurisdiction to courts of limited jurisdiction.

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:

"NEW SECTION. Sec. 1. The administrator for the courts shall establish a pilot program for the efficient state-wide processing of warrants issued by courts of limited jurisdiction. The pilot program shall contain procedures and criteria for courts of limited jurisdiction to enter into agreements with other courts of limited jurisdiction throughout the state to process each other's warrants when the defendant is within the processing court's jurisdiction. The administrator for the courts shall establish a formula for allocating between the court processing the warrant and the court that issued the warrant any moneys collected and costs associated with the processing of warrants.

Sec. 2. RCW 3.66.010 and 1984 c 258 s 40 are each amended to read as follows:

(1) The justices of the peace elected in accordance with chapters 3.30 through 3.74 RCW are authorized to hold court as judges of the district court for the trial of all actions enumerated in chapters 3.30 through 3.74 RCW or assigned to the district court by law; to hear, try, and determine the same according to the law, and for that purpose where no special provision is otherwise made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this state; and all laws of a general nature shall apply to such district court as far as the same may be applicable and not inconsistent with the provisions of chapters 3.30 through 3.74 RCW. The district court shall, upon the demand of either party, impanel a jury to try any civil or criminal case in accordance with the provisions of chapter 12.12 RCW. No jury trial may be held in a proceeding involving a traffic infraction.

(2) A district court participating in the program established by the office of the administrator for the courts pursuant to section 1 of this act shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any other court of limited jurisdiction participating in the program.

Sec. 3. RCW 3.66.060 and 1984 c 258 s 44 are each amended to read as follows:

The district court shall have jurisdiction: (1) Concurrent with the superior court of all misdemeanors and gross misdemeanors committed in their respective counties and of all violations of city ordinances. It shall in no event impose a greater punishment than a fine of five thousand dollars, or imprisonment for one year in the county or city jail as the case may be, or both such fine and imprisonment, unless otherwise expressly provided by statute. It may suspend and revoke vehicle operators' licenses in the cases provided by law; (2) to sit as a committing magistrate and conduct preliminary hearings in cases provided by law; (3) concurrent with the superior court of a proceeding to keep the peace in their respective counties; (4) concurrent with the superior court of all violations under Title 75 RCW; ((and)) (5) to hear and determine traffic infractions under chapter 46.63 RCW; and (6) to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by other courts of limited jurisdiction when those courts are participating in the program established under section 1 of this act.

Sec. 4. RCW 3.66.070 and 1991 c 290 s 2 are each amended to read as follows:

All criminal actions shall be brought in the district where the alleged violation occurred: PROVIDED, That (1) the prosecuting attorney may file felony cases in the district in which the county seat is located, (2) with the consent of the defendant criminal actions other than those arising out of violations of city ordinances may be brought in or transferred to the district in which the county seat is located, ((and)) (3) if the alleged violation relates to driving, or being in actual physical control of, a motor vehicle while under the influence of intoxicating liquor or any drug and the alleged violation occurred within a judicial district which has been designated an enhanced enforcement district under RCW 2.56.110, the charges may be filed in that district or in a district within the same county which is adjacent to the district in which the alleged violation occurred, and (4) a district court participating in the program established by the office of the administrator for the courts pursuant to section 1 of this act shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any other court of limited jurisdiction participating in the program.

Sec. 5. RCW 3.46.030 and 1985 c 303 s 13 are each amended to read as follows:

A municipal department shall have exclusive jurisdiction of matters arising from ordinances of the city, and no jurisdiction of other matters except as conferred by statute. A municipal department participating in the program established by the office of the administrator for the courts pursuant to section 1 of this act shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.

Sec. 6. RCW 3.50.020 and 1985 c 303 s 14 are each amended to read as follows:

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city in which the municipal court is located and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. A municipal court participating in the program established by the office of the administrator for the courts pursuant to section 1 of this act shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.

Sec. 7. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts. A municipal court participating in the program established by the office of the administrator for the courts pursuant to section 1 of this act shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program.

NEW SECTION. Sec. 8. The program established by the office of the administrator for the courts pursuant to section 1 of this act shall by June 1, 2003, report to the legislature on the effectiveness and costs of the pilot program. Copies of the report shall be distributed to the house of representatives judiciary committee and the senate judiciary committee."

MOTIONS

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

On page 1, line 2 of the title, after "jurisdiction;" strike the remainder of the title and insert "amending RCW 3.66.010, 3.66.060, 3.66.070, 3.46.030, 3.50.020, and 35.20.030; and creating new sections."

On motion of Senator Heavey, the rules were suspended, Substitute House Bill No. 2799, 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. 2799, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2799, 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, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

Absent: Senators Brown and Snyder - 2.

Excused: Senators Loveland and Sellar - 2.

SUBSTITUTE HOUSE BILL NO. 2799, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Heavey, Senator Prentice was excused.

SECOND READING

HOUSE BILL NO. 2579, by Representatives Lambert and Dickerson (by request of Department of Social and Health Services)

Making technical corrections to the implementation of the federal personal responsibility and work opportunity reconciliation act of 1996.

The bill was read the second time.

MOTION

On motion of Senator Fairley, the rules were suspended, House Bill No. 2579 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. 2579.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2579 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, Gardner, 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 - 45.

Absent: Senators Honeyford and McDonald - 2.

Excused: Senators Prentice and Sellar - 2.

HOUSE BILL NO. 2579, 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 Betti Sheldon, the Senate reverted to the third order of business.

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENT

August 23, 1999

TO THE HONORABLE, THE SENATE

OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

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

Mark Wolfram, reappointed October 1, 1999, for a term ending September 30, 2004, as a member of the Board of Trustees for Cascadia Community College District No. 30.

Sincerely,

GARY LOCK, Governor

Referred to Committee on Higher Education.

MOTION

On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.

MESSAGE FROM THE HOUSE

March 2, 2000

MR. PRESIDENT:

The House has passed ENGROSSED HOUSE BILL NO. 3105, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILL

EHB 3105 by Representatives McDonald, Lantz, Talcott, Bush, Campbell, Huff and Kastama

Apportioning a sales and use tax for zoos, aquariums, wildlife preserves and regional parks.

MOTION

On motion of Senator Betti Sheldon, the rules were suspended, Engrossed House Bill No. 3105 was advanced to second reading and placed on the second reading calendar.

MOTION

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

MOTION

On motion of Senator Franklin, Senator Thibaudeau was excused.

SECOND READING

ENGROSSED HOUSE BILL NO. 3105, by House Committee on Finance (originally sponsored by Representatives McDonald, Lantz, Talcott, Bush, Campbell, Huff and Kastama)

Apportioning a sales and use tax for zoos, aquariums, wildlife preserves, and regional parks.

The bill was read the second time.

MOTION

On motion of Senator Wojahn, the rules were suspended, Engrossed House Bill No. 3105 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. 3105.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 3105 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 10; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheldon, B., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 36.

Voting nay: Senators Benton, Deccio, Finkbeiner, Heavey, Honeyford, McCaslin, Sheahan, Sheldon, T., Stevens and Wojahn - 10.

Excused: Senators Prentice, Sellar and Thibaudeau - 3.

ENGROSSED HOUSE BILL NO. 3105, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2934, by House Committee on Local Government (originally sponsored by Representative Koster)

Making changes to flood plain construction limitations.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Engrossed Substitute House Bill No. 2934 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. 2934.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2934 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, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, 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 - 45.

Absent: Senator Hargrove - 1.

Excused: Senators Prentice and Sellar - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2934, 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. 2774, by Representatives Carrell, Constantine, Esser, Fortunato, Dickerson, Mulliken and Edwards

Revising provisions for appointment of judges pro tempore.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, House Bill No. 2774 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. 2774.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2774 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

Voting nay: Senators Johnson and Roach - 2.

Absent: Senator Hochstatter - 1.

Excused: Senators Prentice and Sellar - 2.

HOUSE BILL NO. 2774, 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. 2505, by Representatives Cairnes, Veloria, O'Brien, Morris, Radcliff, Scott, Barlean, Esser, Kagi, Keiser, Fortunato, Schual-Berke, Edwards and Miloscia

Modifying the definition of "city" for the multiple-unit dwellings property tax exemption.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, House Bill No. 2505 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. 2505.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2505 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Voting nay: Senators Costa and Gardner - 2.

Excused: Senator Sellar - 1.

HOUSE BILL NO. 2505, 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. 2766, by House Committee on Transportation (originally sponsored by Representatives Cairnes and Hatfield)

Adjusting RV size limits.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2766 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. 2766.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2766 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Deccio, Finkbeiner, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McCaslin, McDonald, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Stevens, Swecker, West, Winsley and Zarelli - 34.

Voting nay: Senators Costa, Eide, Fairley, Franklin, Fraser, Hargrove, Kline, McAuliffe, Patterson, Rasmussen, Shin, Spanel, Thibaudeau and Wojahn - 14.

Excused: Senator Sellar - 1.

SUBSTITUTE HOUSE BILL NO. 2766, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6296, by Senators Kohl-Welles, Jacobsen, Shin, Thibaudeau, Bauer, Fairley, Patterson, B. Sheldon, McAuliffe and Winsley

Creating the independence through college for achievers in need program.

POINT OF ORDER

Senator Johnson: “A point of order, Mr. President. Senate Bill No. 6296 is not properly before the Senate and should be referred back to the Committee on Ways and Means for the following reasons: Senate Concurrent Resolution No. 8421 provides cutoff dates and provides that Senate Bills will not be considered--any bill will not be considered in the house of origin after February 15, 2000. This actually was voted out of committee well after that.

“The exception, of course, is bills that are necessary to implement the budget. There is no reference, whatsoever, in this bill to the budget, so there are no state general funds used in this. These are TANF funds and this bill simply describes the way the department is to distribute the funds in a way that they have not been doing so up to this time. There is no budget, of course, at this time, although there soon will be, but even when there is a budget, this does not include an appropriation. For those reasons and for those set out in the ruling yesterday on Senate Bill No. 5243, the bill should be referred back to Ways and Means. It is not properly before the Senate.”

Debate ensued.

MOTION

On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6296 was deferred.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

HOUSE JOINT MEMORIAL NO. 4026, by Representatives Doumit, Buck, Anderson, Sump, Eickmeyer, Hatfield and Schoesler

Requesting a review of migratory bird predation on salmonid stocks.

The joint memorial was read the second time.

MOTION

On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Recreation amendment was adopted: Beginning on page 1, after line 9, strike the remainder of the joint memorial and insert the following:

"WHEREAS, The state of Washington has embarked on a major salmon recovery effort as reflected in significant legislation enacted in 1998 and 1999; and

WHEREAS, The state of Washington has formulated a state-wide strategy to recover salmon; and

WHEREAS, The state of Washington has spent and is prepared to spend millions of dollars to protect and restore salmon populations; and

WHEREAS, The state of Washington is aggressively pursuing salmon recovery through a comprehensive undertaking in partnerships with federal agencies, Indian tribal nations, local governments, nonprofit organizations, and others; and

WHEREAS, The national marine fisheries service has listed under the federal endangered species act a number of salmon species that live in evolutionarily significant units within Washington state; and

WHEREAS, Predation by certain migratory birds such as the Caspian Tern is widely viewed as a significant issue for recovery of listed fish species throughout Washington inland and coastal waters; and

WHEREAS, The federal migratory bird treaty act of 1918, 16 U.S.C.A. Sec. 703 et seq., has proven ineffective in managing migratory bird predation on salmonids; and

WHEREAS, Washington's efforts toward salmon recovery, while addressing nearly all the factors that have led to the decline of salmon, cannot currently, because of federal law, effectively address predation by these migratory birds; and

WHEREAS, Public confidence and support of Washington's salmon recovery efforts will be diminished unless the interaction among migratory birds and salmonid populations is better understood and site-specific conflicts are addressed;

NOW, THEREFORE, Your Memorialists respectfully pray that Congress pass legislation that amends the federal migratory bird treaty act of 1918, 16 U.S.C.A. Sec. 703 et seq., to provide a more effective means to allow for the protection and restoration of salmonid populations.

Congress is further urged to:

(1) Fund joint federal and state research on migratory and resident predatory bird interactions with salmonids, especially site-specific investigations to determine the significance of migratory and resident bird predation on adult and juvenile salmonids for stock recovery, and to develop a cohesive conservation plan that balances protection of both migratory and resident birds and salmonids;

(2) Grant at least limited management authority for state and federal agencies to remove those migratory and resident birds preying on listed fish stocks at areas of restricted fish passage;

(3) Prohibit the relocation of predatory bird nesting areas that could result in shifting predation to salmonid stocks that need recovery in other geographic areas.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the United States House of Representatives Committee on Resources, the United States Senate Committee on Commerce, Science, and Transportation, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

MOTION

On motion of Senator Jacobsen, the rules were suspended, House Joint Memorial No. 4026, as amended by the Senate, was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

POINT OF INQUIRY

Senator Heavey: “Senator Snyder, on these Terns--I don’t know if they are u-Terns are what, but wouldn’t it be better to neuter them, so that they wouldn’t multiply?”

Senator Snyder: “Well, would you like the contract?”

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4026, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Joint Memorial No. 4026, as amended by the Senate, and the joint memorial passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Deccio, Finkbeiner, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 35.

Voting nay: Senators Costa, Eide, Fairley, Franklin, Heavey, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice and Thibaudeau - 12.

Absent: Senator Brown - 1.

Excused: Senator Sellar - 1.

HOUSE JOINT MEMORIAL NO. 4026, as amended by the Senate, having received the constitutional majority, was declared passed.

SECOND READING

ENGROSSED HOUSE BILL NO. 2609, by Representatives Carrell, Constantine, Mulliken and G. Chandler

Allowing agents to give notice of dishonored checks.

The bill was read the second time.

MOTION

On motion of Senator Brown, the following amendment by Senators Brown, McAuliffe, Winsley, Fairley, Kohl-Welles, Patterson, Franklin, Gardner, Spanel and Wojahn was adopted:

On page 3, after line 11, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 26.23 RCW to read as follows:

For any payment made by a check as defined in RCW 62A.3-104, if the instrument is dishonored under RCW 62A.3-515, the costs and fees authorized under RCW 62A.3-515 apply. The department may establish procedures and adopt rules to enforce this section."

MOTIONS

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

On page 1, line 1 of the title, after "checks;" strike "and" and on line 2, after "62A.3-525" insert "; and adding a new section to chapter 26.23 RCW"

On motion of Senator Heavey, the rules were suspended, Engrossed House Bill No. 2609, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2609, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2609, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

Absent: Senators Rossi, Swecker and Thibaudeau - 3.

Excused: Senator Sellar - 1.

ENGROSSED HOUSE BILL NO. 2609, 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.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the family of Senator Betti Sheldon, who were seated in the gallery.

SECOND READING

ENGROSSED HOUSE BILL NO. 2985, by Representatives Edwards, Fortunato, Scott and Doumit

Authorizing hearing examiners to issue final decisions regarding final plats of subdivisions.

The bill was read the second time.

MOTION

Senator Haugen moved that the following striking amendment by Senators Haugen and Patterson be adopted:Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 58.17.020 and 1995 c 32 s 2 are each amended to read as follows:

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.

(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.

(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.

(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

(5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.

(6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership((: PROVIDED, That)). However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area.

(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan.

(8) "Short plat" is the map or representation of a short subdivision.

(9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

(10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.

(11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.

(12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.

(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.

(14) "Planning commission" means that body as defined in chapter((s)) 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter.

(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.

Sec. 2. RCW 58.17.060 and 1990 1st ex.s. c 17 s 51 are each amended to read as follows:

(1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries: PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.

An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.

(2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

(3) The legislative body of a city, town, or county may by ordinance exempt short plats or short subdivisions from the requirements in subsection (1) of this section in which the division is for the purpose of establishing a site solely used for an uninhabited public or private utility or telecommunications facility, provided a record survey is recorded per chapter 58.09 RCW.

Sec. 3. RCW 58.17.070 and 1981 c 293 s 4 are each amended to read as follows:

A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the ((legislative body of the)) city, town, or county within which the plat is situated.

Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

Sec. 4. RCW 58.17.100 and 1995 c 347 s 428 are each amended to read as follows:

If a city, town, or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town, or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town, or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town, or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.

Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the legislative body shall adopt its own recommendations and approve or disapprove the preliminary plat.

Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

A record of all public meetings and public hearings shall be kept by the appropriate city, town, or county authority and shall be open to public inspection.

((Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies.))

Sec. 5. RCW 58.17.110 and 1995 c 32 s 3 are each amended to read as follows:

(1) The city, town, or county ((legislative body)) shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication.

(2) A proposed subdivision and dedication shall not be approved unless the city, town, or county ((legislative body)) makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the ((legislative body)) city, town, or county shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The ((legislative body)) city, town, or county shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

(3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county ((legislative body)) must adopt the designated name.

Sec. 6. RCW 58.17.120 and 1974 ex.s. c 134 s 6 are each amended to read as follows:

The city, town, or county ((legislative body)) shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

No plat shall be approved by any city, town, or county ((legislative authority)) covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of the department of ecology of the state of Washington.

Sec. 7. RCW 58.17.130 and 1974 ex.s. c 134 s 7 are each amended to read as follows:

Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county ((legislative body)) may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county ((legislative body)) and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements.

Sec. 8. RCW 58.17.140 and 1995 c 68 s 1 are each amended to read as follows:

Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the ((legislative body of the)) city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements.

Sec. 9. RCW 58.17.150 and 1983 c 121 s 4 are each amended to read as follows:

Each preliminary plat submitted for final approval of the ((legislative body)) city, town, or county shall be accompanied by the following agencies' recommendations for approval or disapproval:

(1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

(2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication;

(3) City, town, or county engineer.

Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.

Sec. 10. RCW 58.17.170 and 1981 c 293 s 10 are each amended to read as follows:

When the ((legislative body of the)) city, town, or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of five years after final plat approval unless the ((legislative body)) city, town, or county finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

Sec. 11. RCW 58.17.190 and 1969 ex.s. c 271 s 19 are each amended to read as follows:

The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the ((appropriate legislative body)) city, town, or county in which the plat is situated. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the ((legislative body)) city, town, or county required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record.

Sec. 12. RCW 58.17.212 and 1987 c 354 s 3 are each amended to read as follows:

Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the ((legislative authority of the)) city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130.

The ((legislative authority of the)) city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the ((legislative authority)) city, town, or county shall set forth findings that the public use would not be served in retaining title to those lands.

Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the ((legislative authority)) city, town, or county has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the ((legislative authority)) city, town, or county. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands.

Sec. 13. RCW 58.17.215 and 1987 c 354 s 4 are each amended to read as follows:

When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the ((legislative authority of the)) city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

Upon receipt of an application for alteration, the ((legislative body)) city, town, or county shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.

The ((legislative body)) city, town, or county shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

After approval of the alteration, the ((legislative body)) city, town, or county shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the ((legislative authority)) city, town, or county, shall be filed with the county auditor to become the lawful plat of the property.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands.

Sec. 14. RCW 58.17.225 and 1995 c 32 s 1 are each amended to read as follows:

The granting of an easement for ingress and egress or utilities over public property that is held as open space pursuant to a subdivision or plat, where the open space is already used as a utility right of way or corridor, where other access is not feasible, and where the granting of the easement will not impair public access or authorize construction of physical barriers of any type, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town ((legislative authority)) following a public hearing with notice to the property owners in the affected plat.

Sec. 15. RCW 58.17.310 and 1990 c 194 s 1 are each amended to read as follows:

In addition to any other requirements imposed by the provisions of this chapter, ((the legislative authority of any)) a city, town, or county shall not approve a short plat or final plat, as defined in RCW 58.17.020, for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right of way for each parcel of land in such district. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site lies within land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the short plat or final plat by the ((legislative authority of the)) city, town, or county. Rights of way shall be evidenced by the respective plats submitted for final approval to the ((appropriate legislative authority)) city, town, or county. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site to be platted is wholly or partially within an irrigation district of two hundred thousand acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the ((legislative authority)) city, town, or county shall not approve for such land a short plat or final plat as defined in RCW 58.17.020 without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.

Sec. 16. RCW 58.17.330 and 1995 c 347 s 429 are each amended to read as follows:

(1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative ((body)) authority may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. The legal effect of such decisions shall include one of the following:

(a) The decision may be given the effect of a recommendation to the legislative ((body)) authority;

(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative ((body)) authority; or

The legislative authority shall prescribe procedures to be followed by a hearing examiner.

(2) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings."

MOTION

Senator Horn moved that the following amendment to the striking amendment by Senators Haugen and Patterson be adopted:

On page 5, line 18, after "bodies.))" insert "Any party of record to a final decision by the planning commission to disapprove a final plat may appeal that decision to the city, town, or county within fourteen days following the party's receipt of the planning commission's decision."

Debate ensued.

Vice President Pro Tempore Bauer assumed the Chair.

Senator Johnson demanded a roll call and the demand was sustained

The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Horn on page 5, line 18, to the striking amendment by Senators Haugen and Patterson.

ROLL CALL

The Secretary called the roll and the amendment to the striking amendment was adopted by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 39.

Voting nay: Senators Brown, Costa, Eide, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson and Thibaudeau - 9.

Excused: Senator Sellar - 1.

The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Patterson, as amended, to Engrossed House Bill No. 2985.

The motion by Senator Haugen carried and the striking amendment, as amended, was adopted.

MOTIONS

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

On page 1, line 2 of the title, after "subdivisions;" strike the remainder of the title and insert "and amending RCW 58.17.020, 58.17.060, 58.17.070, 58.17.100, 58.17.110, 58.17.120, 58.17.130, 58.17.140, 58.17.150, 58.17.170, 58.17.190, 58.17.212, 58.17.215, 58.17.225, 58.17.310, and 58.17.330."

On motion of Senator Haugen, the rules were suspended, Engrossed House Bill No. 2985, 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 Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2985, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed House Bill No. 2985, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. ENGROSSED HOUSE BILL NO. 2985, 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.

President Pro Tempore Wojahn assumed the Chair.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 2663, by House Committee on Appropriations (originally sponsored by Representatives Alexander, Schual-Berke, Parlette, Cody, Reardon, Ericksen, Morris, Tokuda, Benson, Doumit, Pflug, Kessler, Ruderman, Rockefeller, Edmonds, Santos, O'Brien, Hurst and Esser)

Creating a program to provide atypical antipsychotic medications to underserved populations.

MOTION

On motion of Senator Hargrove, the following Committee on Ways and Means striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that schizophrenia is a devastating and costly disease. Atypical antipsychotic medications have been developed for treatment of schizophrenia and other similar psychiatric and neurological conditions, which have been effective at treating these conditions with less severe side effects than the side effects that accompany typical antipsychotics. In order to protect the public health, safety, and welfare, and reduce the economic and societal costs associated with untreated schizophrenia and other similar psychiatric and neurological conditions, the legislature intends to promote access to atypical antipsychotic medications by those unable to access them and who present a risk of harm to themselves and to the community.

NEW SECTION. Sec. 2. A new section is added to chapter 74.09 RCW to read as follows:

(1) To the extent funds are appropriated, the department of social and health services shall develop a distribution mechanism that promotes access to atypical antipsychotic medications to persons suffering from schizophrenia, or other psychiatric or neurological condition that is treated with atypical antipsychotic medication, who is an offender identified under RCW 72.09.370, or a person identified under RCW 71.05.235 or 10.77.090(1)(d). The department is authorized to establish rules necessary to implement the provisions of this act.

(2) "Atypical antipsychotic medications" means drugs with a pharmacological classification of dibenzodiazepines, benzisoxazoles, and thienobenzodiazepines.

(3) Under this program, the department shall purchase and distribute only those atypical antipsychotic medications whose manufacturers agree to provide a rebate for drugs purchased under the medical care services program, as defined in RCW 74.09.010. The rebate provided for the medical care services program shall be equivalent to, and subject to the same terms and conditions as, the manufacturer's rebate required for drugs purchased under Title XIX of the federal social security act.

(4) Nothing in this section creates or provides any individual with an entitlement to services or benefits. It is the intent of the legislature that atypical antipsychotic medications shall be made available under this section only to the extent of the availability and level of appropriation made by the legislature.

(5) The distribution mechanism shall require successful recipients to comply with data collection needs of the institute.

NEW SECTION. Sec. 3. (1) The Washington state institute for public policy shall conduct an evaluation of this act to determine the following:

(a) Outcomes for persons receiving atypical antipsychotic medications under the provisions of this act, including, but not limited to the person's: (i) Ability to perform basic living skills and maintain a job; (ii) adherence to medication regimens; (iii) number of inpatient placement or acute care services after having received atypical antipsychotic medications; and (iv) criminal conviction record for further offenses, if any, after having received atypical antipsychotic medications;

(b) The extent to which this act increases access to atypical antipsychotic medications to the targeted population; and

(c) The uniformity by health care providers in prescribing atypical antipsychotic medications among the population identified under the provisions of this act.

(2) The institute shall report to the legislature by January 1, 2002."

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that schizophrenia is a devastating and costly disease. Atypical antipsychotic medications have been developed for treatment of schizophrenia and other similar psychiatric and neurological conditions, which have been effective at treating these conditions with less severe side effects than the side effects that accompany typical antipsychotics. Atypical antipsychotic medications are commonly prescribed and are within the standard of care. In order to protect the public health, safety, and welfare, and reduce the economic and societal costs associated with untreated schizophrenia and other similar psychiatric and neurological conditions, the legislature intends to promote access to atypical antipsychotic medications by those unable to access them and who present a risk of harm to themselves and to the community.

NEW SECTION. Sec. 2. (1) To the extent funds are appropriated, the department of social and health services shall request proposals that promote access to atypical antipsychotic medications to persons who meet the following criteria:

(a) The person has schizophrenia or other psychiatric or neurological condition that is treated with atypical antipsychotic medication;

(b) The person's income is less than two hundred percent of the federal poverty level; and

(c) The person is not covered by insurance or other benefit that pays for atypical antipsychotic medications. The person may have a copayment requirement under available coverage, which is cost prohibitive for the person given his or her income level, which would not disqualify the person under the requirement of this section.

(2) Contracts shall be awarded to contractors whose proposal meets the following criteria:

(a) Has a distribution mechanism that achieves cost savings in service delivery and medication costs;

(b) Targets children and adults who are transitioning out of state or local correctional or detention facilities or who have recently received mental health services under chapter 71.05 or 71.34 RCW;

(d) Is designed to provide temporary access to these atypical antipsychotic medications until the person has obtained coverage or achieved financial capacity to retain them;

(e) Proposes to dispense the atypical antipsychotic medications as a part of a comprehensive program designed to achieve an improved mental status and stable living situation; and

(f) Maximizes cost savings of the atypical antipsychotic medications.

(3)(a) "Atypical antipsychotic medications" means drugs with a pharmacological classification of dibenzodiazepines, benzisoxazoles, thienobenzodiazepines, and dibenzothiazepines, and such other drugs as are defined in rule by the department which have the same or very similar utility in treating schizophrenia or other similar psychiatric and neurological conditions.

(b) "Access to atypical antipsychotic medications" includes:

(i) Pharmaceutical companies participating in this program shall increase access to their products for the targeted population through intensive outreach to their respective indigent drug programs as of the effective date of this act. The eligibility criteria of their respective indigent drug programs shall not be changed to decrease access or availability from the criteria as they exist on March 15, 2000; and

(ii) Other drugs or laboratory tests when used in conjunction with the atypical antipsychotic medications to achieve maximum therapeutic effect, or to treat side effects.

(5) The distribution mechanism shall require successful recipients to comply with data collection needs of the Washington institute for public policy.

(6) The department is authorized to establish rules necessary to implement the provisions of this act.

NEW SECTION. Sec. 3. (1) The Washington institute for public policy shall conduct an evaluation of this act to determine the following:

(b) The extent to which this act increases access to atypical antipsychotic medications to the targeted population; and

(c) The uniformity by health care providers in prescribing atypical antipsychotic medications among the population identified under the provisions of this act.

(2) The Washington institute for public policy shall identify the number of children and the number of adults served; and outcomes, access, and uniformity for both children and adults.

(3) The Washington institute for public policy shall report to the legislature by January 1, 2002.

NEW SECTION. Sec. 4. This act expires June 30, 2002."

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Long to Second Substitute House Bill No. 2663.

The motion by Senator Hargrove carried and the striking amendment by Senators Hargrove and Long was adopted.

MOTIONS

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

On page 1, line 2 of the title, after "populations;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

On motion of Senator Hargrove, the rules were suspended, Second Substitute House Bill No. 2663, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2663, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 2663, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SECOND SUBSTITUTE HOUSE BILL NO. 2663, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Honeyford, Senator Rossi was excused.

President Owen assumed the Chair.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2994, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Parlette, G. Chandler, B. Chandler and Linville)

Regarding instream flows and trust water rights.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the following Committee on Environmental Quality and Water Resources striking amendment was not adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 90.14.200 and 1989 c 175 s 180 are each amended to read as follows:

(1) All matters relating to the implementation and enforcement of this chapter by the department of ecology shall be carried out in accordance with chapter 34.05 RCW, the Administrative Procedure Act, except where the provisions of this chapter expressly conflict with chapter 34.05 RCW. Proceedings held pursuant to RCW 90.14.130 are adjudicative proceedings within the meaning of chapter 34.05 RCW. Final decisions of the department of ecology in these proceedings are subject to review in accordance with chapter 43.21B RCW.

(2) RCW 90.14.130 provides nonexclusive procedures for determining a relinquishment of water rights under RCW 90.14.160, 90.14.170, and 90.14.180. RCW 90.14.160, 90.14.170, and 90.14.180 may be applied in, among other proceedings, general adjudication proceedings initiated under RCW 90.03.110 or 90.44.220: PROVIDED, That nothing herein shall apply to litigation involving determinations of the department of ecology under RCW 90.03.290 relating to the impairment of existing rights.

(3) If the superior court issues an order excusing or prohibiting a person or entity from exercising a water right during the pendency of a general adjudication of water rights initiated by the department under RCW 90.03.110 or 90.44.220, the provisions of RCW 90.14.130 through 90.14.180 shall not be construed to curtail the powers of the superior court, under a recognized head of equitable jurisdiction, to set aside or cancel relinquishment at the suit of the party claiming the excused water right.

Sec. 2. RCW 90.38.020 and 1989 c 429 s 3 are each amended to read as follows:

(1) The department may acquire water rights, including but not limited to storage rights, by purchase, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights.

(2) The department may make such other arrangements, including entry into contracts with other persons or entities as appropriate to ensure that trust water rights acquired in accordance with this chapter can be exercised to the fullest possible extent.

(3) The trust water rights may be acquired on a temporary or permanent basis.

(4) The trust water rights may be expressly conditioned by the grantor for instream use.

Sec. 3. RCW 90.42.005 and 1991 c 347 s 1 are each amended to read as follows:

(1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010.

(2) The legislature finds that:

(a) The state of Washington is faced with a shortage of water with which to meet existing and future needs, including the needs of aquatic species listed as threatened or endangered under the federal endangered species act, particularly during the summer and fall months and in dry years when the demand is greatest;

(b) Consistent with RCW 90.54.180, conservation and water use efficiency programs, including storage, and voluntary water reallocation programs, such as water banking, should be the preferred methods of addressing water uses because they can relieve current critical water situations, provide for presently unmet needs, and assist in meeting future water needs. Presently unmet needs or current needs includes the water required to increase the frequency of occurrence of base or minimum flow levels in streams of the state, the water necessary to satisfy existing water rights, or the water necessary to provide full supplies to existing water systems with current supply deficiencies; and

(c) The interests of the state will be served by developing programs and regional water resource plans, in cooperation with local governments, federally recognized tribal governments, appropriate federal agencies, private citizens, and the various water users and water interests in the state, that increase the overall ability to manage the state's waters in order to resolve conflicts and to better satisfy both present and future needs for water.

Sec. 4. RCW 90.42.010 and 1998 c 245 s 173 are each amended to read as follows:

The legislature finds that a need exists to continue to develop and test ((a)) all feasible means to facilitate the voluntary ((transfer)) reallocation of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation and voluntary reallocation activities have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon. It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.

Sec. 5. RCW 90.42.020 and 1991 c 347 s 6 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of ecology.

(2) "Net water savings" means the amount of water that is determined to be conserved and usable within a specified stream reach or reaches for other purposes without impairment or detriment to water rights existing at the time that a water conservation project is undertaken, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been available to other existing water uses.

(3) "Trust water right" means any water right acquired by the state under this chapter for management in the state's trust water rights program.

(4) (("Pilot planning areas" means the geographic areas designated under RCW 90.54.045(2).

(5))) "Water conservation project" means any project or program that achieves physical or operational improvements that provide for increased water use efficiency in existing systems of diversion, conveyance, application, or use of water under water rights existing on July 28, 1991.

Sec. 6. RCW 90.42.030 and 1993 c 98 s 2 are each amended to read as follows:

(1) For purposes of this chapter, the state may enter into contracts to provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance provided, the state shall obtain public benefits defined in guidelines developed under RCW 90.42.050.

(2) If the public benefits to be obtained require conveyance or modification of a water right, the recipient of funds shall convey to the state the recipient's interest in that part of the water right or claim constituting all or a portion of the resulting net water savings for deposit in the trust water rights program. The amount to be conveyed shall be finitely determined by the parties, in accordance with the guidelines developed under RCW 90.42.050, before the expenditure of state funds. Conveyance may consist of complete transfer, lease contracts, or other legally binding agreements. When negotiating for the acquisition of conserved water or net water savings, or a portion thereof, the state may require evidence of a valid water right.

(3) As part of the contract, the water right holder and the state shall specify the process to determine the amount of water the water right holder would continue to be entitled to once the water conservation project is in place.

(4) The state shall cooperate fully with the United States in the implementation of this chapter. Trust water rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same manner as trust water rights resulting from the expenditure of state funds.

(5) If water is proposed to be acquired by or conveyed to the state as a trust water right by an irrigation district, evidence of the district's authority to represent the water right holders shall be submitted to and for the satisfaction of the department.

(6) The state shall not contract with any person to acquire a water right served by an irrigation district without the approval of the board of directors of the irrigation district. Disapproval by a board shall be factually based on probable adverse effects on the ability of the district to deliver water to other members or on maintenance of the financial integrity of the district.

(7) RCW 90.03.380 has no applicability to trust water rights acquired by the state under this section through the funding of water conservation projects.

Sec. 7. RCW 90.42.040 and 1993 c 98 s 3 are each amended to read as follows:

(1) All trust water rights acquired by the state shall be placed in the state trust water rights program to be managed by the department. Trust water rights acquired by the state shall be held or authorized for use by the department for instream flows, irrigation, municipal, or other beneficial uses consistent with applicable ((regional plans for pilot planning areas,)) watershed plans under chapter 90.82 RCW or to resolve critical water supply problems, including implementation of state and local plans and programs for recovery of aquatic species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).

(2) The department shall issue a water right certificate in the name of the state of Washington for each permanent trust water right conveyed to the state indicating the reach or reaches of the stream, the quantity, and the use or uses to which it may be applied. A superseding certificate shall be issued that specifies the amount of water the water right holder would continue to be entitled to as a result of the water conservation project. The superseding certificate shall retain the same priority date as the original right. For nonpermanent conveyances, the department shall issue certificates or such other instruments as are necessary to reflect the changes in purpose or place of use or point of diversion or withdrawal. Water rights for which such nonpermanent conveyances are arranged shall not be subject to relinquishment for nonuse.

(3) A trust water right retains the same priority date as the water right from which it originated, but as between them the trust right shall be deemed to be inferior in priority unless otherwise specified by an agreement between the state and the party holding the original right.

(4) Exercise of a trust water right may be authorized only if the department first determines that neither water rights existing at the time the trust water right is established, nor the public interest will be impaired. If impairment becomes apparent during the time a trust water right is being exercised, the department shall cease or modify the use of the trust water right to eliminate the impairment.

(5) Before any trust water right is created or modified, the department shall, at a minimum, require that a notice be published in a newspaper of general circulation published in the county or counties in which the storage, diversion, and use are to be made, and in other newspapers as the department determines is necessary, once a week for two consecutive weeks. At the same time the department shall send a notice containing pertinent information to all appropriate state agencies, potentially affected local governments and federally recognized tribal governments, and other interested parties, and shall post the notice on its web page.

(6) RCW 90.14.140 through 90.14.230 have no applicability to trust water rights held by the department under this chapter or exercised under this section.

(((7) RCW 90.03.380 has no applicability to trust water rights acquired by the state through the funding of water conservation projects.))

Sec. 8. RCW 90.42.050 and 1991 c 347 s 9 are each amended to read as follows:

The department, in cooperation with federal agencies, federally recognized Indian tribes, local governments, state agencies, and other interested parties, shall establish guidelines ((by July 1, 1992,)) governing the acquisition, administration, and management of trust water rights. The guidelines shall address at a minimum the following:

(1) Methods for determining the net water savings resulting from water conservation projects or programs carried out in accordance with this chapter, and other factors to be considered in determining the quantity or value of water available for potential designation as a trust water right;

(2) Criteria for determining the portion of net water savings to be conveyed to the state under this chapter;

(3) Criteria for prioritizing water conservation projects;

(4) A description of potential public benefits that will affect consideration for state financial assistance in RCW 90.42.030;

(5) Procedures for providing notification to potentially interested parties;

(6) Criteria for the assignment of uses of trust water rights acquired for implementation of state and local plans and programs for recovery of aquatic species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) or acquired in areas of the state not addressed in a regional water resource plan or critical area agreement; ((and))

(7) Procedures that will reasonably substitute for the requirements of RCW 90.03.380 and 90.03.390, when trust water rights are conveyed under RCW 90.42.080(6); and

(8) Contracting procedures and other procedures not specifically addressed in this section.

These guidelines shall be submitted to the joint select committee on water resource policy before adoption.

Sec. 9. RCW 90.42.080 and 1993 c 98 s 4 are each amended to read as follows:

(1) The state may acquire all or portions of existing water rights, by purchase, gift, contract, or other appropriate means other than by condemnation, from any person or entity or combination of persons or entities. Once acquired, such rights are trust water rights.

(2) The department may enter into leases, contracts, or such other arrangements with other persons or entities as appropriate, to ensure that trust water rights acquired in accordance with this chapter may be exercised to the fullest possible extent.

(3) Trust water rights may be acquired by the state on a temporary or permanent basis.

(4) The provisions of RCW 90.03.380 and 90.03.390 apply to transfers of water rights under this section, except as provided in RCW 90.42.050(7).

(5) No funds may be expended for the purchase of water rights by the state pursuant to this section unless specifically appropriated for this purpose by the legislature.

(6) Trust water rights may be expressly conditioned by the grantor for instream use, for implementation of state and local plans and programs for recovery of aquatic species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.), or for compliance with federal actions under the act.

(7) The state may acquire all or portions of existing water rights as trust water rights on a temporary basis as a result of temporarily reduced water need where such reduction is due to varying weather conditions including but not limited to precipitation and temperature, as long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right. The trust water rights under this subsection may be acquired either in anticipation of such reduced water need or at the conclusion of a season during which use of water had been anticipated but not carried out.

NEW SECTION. Sec. 10. A new section is added to chapter 90.42 RCW to read as follows:

The status of a water right as a trust water right shall not be evidence of the validity or quantity of the right."

MOTION

Senator Fraser moved that the following striking amendment by Senators Fraser and Honeyford be adopted:

Strike everything after the enacting clause and insert the following:

"Sec 1. RCW 90.14.200 and 1989 c 175 s 180 are each amended to read as follows:

(3) The provisions of RCW 90.14.130 through 90.14.180 shall not be construed to curtail the powers of the superior court, under a recognized head of equitable jurisdiction, to set aside or cancel relinquishment at the motion of a party claiming a water right that is subject to a general adjudication of water rights initiated by the department under RCW 90.03.110 or 90.44.220.

Sec. 2. RCW 90.38.020 and 1989 c 429 s 3 are each amended to read as follows:

(3) The trust water rights may be acquired on a temporary or permanent basis.

(4) The trust water rights may be expressly conditioned by the grantor for instream use.

Sec. 3. RCW 90.42.005 and 1991 c 347 s 1 are each amended to read as follows:

(1) It is the policy of the state of Washington to recognize and preserve water rights in accordance with RCW 90.03.010.

(2) The legislature finds that:

(b) Consistent with RCW 90.54.180, conservation and water use efficiency programs, including storage, and voluntary water programs, such as water banking, should be the preferred methods of addressing water uses because they can relieve current critical water situations, provide for presently unmet needs, and assist in meeting future water needs. Presently unmet needs or current needs includes the water required to increase the frequency of occurrence of base or minimum flow levels in streams of the state, the water necessary to satisfy existing water rights, or the water necessary to provide full supplies to existing water systems with current supply deficiencies; and

Sec. 4. RCW 90.42.010 and 1998 c 245 s 173 are each amended to read as follows:

The legislature finds that a need exists to continue to develop and test ((a)) all feasible means to facilitate the voluntary transfer of water and water rights, including conserved water, to provide water for presently unmet needs and emerging needs. Further, the legislature finds that water conservation activities and voluntary water programs have the potential of affecting the quantity of return flow waters to which existing water right holders have a right to and rely upon. It is the intent of the legislature that persons holding rights to water, including return flows, not be adversely affected in the implementation of the provisions of this chapter.