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SIXTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Monday, March 12, 2001

The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Hale, Johnson, McDonald and Morton. On motion of Senator Hewitt, Senators Finkbeiner, Hale, Johnson, McDonald and Morton were excused.

The Sergeant at Arms Color Guard consisting of Pages Chris Ballard and Crystal Lundahl presented the Colors. Reverend Joan Anthony, pastor of St. Benedict's Episcopal Church in Lacey, 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.

SECOND READING

SENATE BILL NO. 5961, by Senators Jacobsen and Oke (by request of Department of Fish and Wildlife)

Modifying provisions concerning fisheries and wildlife issues.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 5961 was substituted for Senate Bill No. 5961 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5961 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5961.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5961 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Excused: Senators Finkbeiner, Hale, Johnson, McDonald and Morton - 5.

SUBSTITUTE SENATE BILL NO. 5961, 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.

PARLIAMENTARY INQUIRY

Senator Zarelli: "A parliamentary inquiry, Mr. President. Do we have to keep both of these large calendar books or they condensed into one?"

REPLY BY THE PRESIDENT

President Owen: "Senator Zarelli, our competent staff reports that you only need to keep the calendar for Monday. Everything needed is in the one book."

SECOND READING

SENATE BILL NO. 5491, by Senators Kline and Long (by request of Administrator for the Courts)

Revising small claims proceedings.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, Senate Bill No. 5491 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5491.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5491 and the bill passed the Senate by the following vote:

Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Finkbeiner, McDonald and Morton - 3.

SENATE BILL NO. 5491, 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. 5091, by Senators Haugen, Oke, Spanel, Gardner and Kohl-Welles

Regulating ferry queues.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5091 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5091.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5091 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

Voting nay: Senators Benton, Hochstatter and Stevens - 3.

Excused: Senators Finkbeiner, McDonald and Morton - 3.

SENATE BILL NO. 5091, 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. 5627, by Senators Rasmussen, Oke, Swecker, Winsley, Snyder, Shin, Patterson, Kohl-Welles and Benton (by request of Joint Select Committee on Veterans' and Military Affairs)

Creating a joint committee on veterans' and military affairs.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5627 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5627.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5627 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Voting nay: Senator McCaslin - 1.

Excused: Senator Finkbeiner - 1.

SENATE BILL NO. 5627, 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. 5875, by Senators T. Sheldon and Stevens (by request of Department of Social and Health Services)

Changing provisions relating to telecommunications services for hearing or speech impaired.

MOTIONS

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

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5875 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5875.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5875 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Finkbeiner - 1.

SUBSTITUTE SENATE BILL NO. 5875, 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. 5739, by Senators Gardner, Rasmussen, Eide, Sheahan, Horn and Kohl-Welles

Addressing transportation needs of persons with special transportation needs.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5739 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5739.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5739 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Finkbeiner - 1.

SENATE BILL NO. 5739, 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. 5954, by Senators Shin, Roach, Oke, Costa, Patterson, Hargrove, T. Sheldon, Hochstatter, Eide and Jacobsen

Updating obsolete language.

The bill was read the second time.

MOTION

On motion of Senator Shin, the rules were suspended, Senate Bill No. 5954 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5954.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5954 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

SENATE BILL NO. 5954, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

PERSONAL PRIVILEGE

Senator Shin: "Mr. President, a point of personal privilege. I just want to thank you all for your support on this issue. I have received calls from California, New York and Atlanta regarding this legislation. So you see, Washington State is first."

PERSONAL PRIVILEGE

Senator Zarelli: "Mr. President, a point of personal privilege. I was reading the article in the Clips this morning about the driver's license bill we worked on last week and giving the Senators ages. I just wanted to let you know that I am not forty. I am still thirty-nine and would like the press to know that."

SECOND READING

SENATE BILL NO. 5348, by Senators Costa, Long, Patterson, Kastama, Hargrove, Sheahan, McCaslin, Prentice, Kohl-Welles, Haugen, Kline, Johnson, Zarelli and Oke

Updating the uniform child custody jurisdiction and enforcement act.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5348 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5348.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5348 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5348, 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 Eide, Senator Brown was excused.

On motion of Senator Hewitt, Senators Rossi and Zarelli were excused.

SECOND READING

SENATE BILL NO. 5107, by Senators T. Sheldon, Honeyford, Hargrove and Rasmussen

Authorizing rural counties to use alternative methods to achieve planning goals.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5107 was substituted for Senate Bill No. 5107 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5107 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. 5107.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5107 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 5; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Carlson, Costa, Deccio, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West and Winsley - 41.

Voting nay: Senators Constantine, Eide, Fairley, Kohl-Welles and Thibaudeau - 5.

Excused: Senators Brown, Rossi and Zarelli - 3.

SUBSTITUTE SENATE BILL NO. 5107, 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 Fairley and Fraser were excused.

SECOND READING

SENATE BILL NO. 5331, by Senators Kline, McCaslin, Johnson and Long

Modifying collection of business to business debts by collection agencies.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, Senate Bill No. 5331 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5331.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5331 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 44.

Excused: Senators Brown, Fairley, Fraser, Rossi and Zarelli - 5.

SENATE BILL NO. 5331, 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. 5557, by Senators Kline, Rossi, Costa, Kastama, Shin, Johnson, Rasmussen and Thibaudeau

Changing provisions relating to the admissibility into evidence of a refusal to submit to a test of alcohol or drug concentration.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 5557 was substituted for Senate Bill No. 5557 and the substitute bill was placed on second reading and read the second time.

Debate ensued.

On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5557 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. 5557.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5557 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Brown, Fairley, Fraser, Rossi and Zarelli - 5.

SUBSTITUTE SENATE BILL NO. 5557, 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. 5097, by Senators Kastama, Winsley, Constantine, Hargrove, Oke, Rasmussen and Patterson

Requiring public entities to display the national league of families' POW/MIA flag.

MOTIONS

On motion of Senator Kastama, Substitute Senate Bill No. 5097 was substituted for Senate Bill No. 5097 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5097 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5097.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5097 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

Excused: Senators Brown, Fairley, Fraser, Rossi and Zarelli - 5.

SUBSTITUTE SENATE BILL NO. 5097, 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. 5258, by Senators Costa, Winsley, Franklin, Thibaudeau and Kohl-Welles

Regulating disclosure of health care information.

The bill was read the second time.

MOTIONS

On motion of Senator Costa, the following amendment was adopted:On page 2, line 20, after "include" strike "affirmative action" and insert "taking reasonable steps"

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5258 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5258.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5258 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Voting nay: Senator Carlson - 1.

Excused: Senators Brown and Fairley - 2.

ENGROSSED SENATE BILL NO. 5258, 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. 5852, by Senators Franklin, Kline, Costa and Kohl-Welles

Reporting on issues pertaining to racial profiling.

The bill was read the second time.

MOTION

On motion of Senator Franklin, the rules were suspended, Senate Bill No. 5852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5852.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5852 and the bill passed the Senate by the following vote:

Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Fairley - 1.

SENATE BILL NO. 5852, 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. 6056, by Senators Long, Hargrove, Costa, Stevens and Kohl-Welles

Providing for department of social and health services coordination of services for children and families in child dependency cases.

MOTIONS

On motion of Senator Long, Substitute Senate Bill No. 6056 was substituted for Senate Bill No. 6056 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6056 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. 6056.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6056 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 6056, 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. 5292, by Senators T. Sheldon, McDonald, Fraser, Hochstatter, Regala, Stevens, Kastama, Snyder, Honeyford, Patterson, Eide and Hale

Modifying the definition of a major public energy project.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5292 was substituted for Senate Bill No. 5292 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5292 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5292.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5292 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11 Absent, 0; Excused, 0.

Voting yea: Senators Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West and Winsley - 38.

Voting nay: Senators Benton, Brown, Constantine, Finkbeiner, Kline, McDonald, Prentice, Rossi, Stevens, Thibaudeau and Zarelli - 11

SUBSTITUTE SENATE BILL NO. 5292, 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

Senator West moved that the press credentials for Joseph Turner be revoked because of a recent column he wrote.

REPLY BY THE PRESIDENT

President Owen: "Do you see 'fool' written anywhere on my face? Your motion is out of order."

EDITOR’S NOTE:

Joseph Turner, a columnist for the Tacoma News Tribune wrote an article on the Legislature and included giving the ages of each of the Senators.

SECOND READING

SENATE BILL NO. 6007, by Senators Prentice, Winsley, Gardner, Franklin, Fairley, Kline and Costa (by request of Employment Security Department)

Relating to extending unemployment insurance coverage to employees of Indian tribes.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6007 was substituted for Senate Bill No. 6007 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6007 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. 6007.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6007 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Voting nay: Senators Hochstatter, Honeyford, Horn and Stevens - 4.

SUBSTITUTE SENATE BILL NO. 6007, 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. 5465, by Senators Costa, Hargrove and Long

Changing provisions relating to sex offender treatment providers.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5465 was substituted for Senate Bill No. 5465 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5462 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5465.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5465 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5465, 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. 5872, by Senators Prentice, Kohl-Welles, Kline and Fairley

Modifying the multiple-unit property tax exemption.

The bill was read the second time.

MOTIONS

On motion of Senator West, the following amendments by Senators West and Prentice were considered simultaneously and were adopted: On page 1, line 15, after "units" strike all material through "taxation" on line 16 and insert "are condominiums or townhouses"

On page 2, line 29, after "units" strike all material through "taxation" on line 30 and insert "are condominiums or townhouses"

Renumber the sections consecutively and correct any internal references accordingly.

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5872 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5872.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5872 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

ENGROSSED SENATE BILL NO. 5872, 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. 5598, by Senators Shin, Roach, Horn, Swecker, Kohl-Welles, Thibaudeau, Franklin, Rasmussen, B. Sheldon, Eide, Costa, McAuliffe, Prentice and Jacobsen.

Certifying athletic trainers.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5598 was substituted for Senate Bill No. 5598 and the substitute bill was placed on second reading and read the second time.

Senator Shin moved that the following striking amendment by Senators Shin, Deccio, Thibaudeau and Rasmussen be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that registration of athletic trainers is in the interest of the public health, safety, and welfare.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Athletic injury" means an injury sustained by a person as a result of that person's participation in sports, games, or related skill activities.

(2) "Athletic trainer" means a person who practices athletic training.

(3) "Athletic training" means the practice of prevention, recognition, evaluation, management, disposition, treatment, rehabilitation, physical conditioning, or physical reconditioning of athletic injuries.

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

(5) "Secretary" means the secretary of health or the secretary's designee.

NEW SECTION. Sec. 3. No person may represent himself or herself as an athletic trainer by use of any title or description without being registered by the department under the provisions of this chapter.

NEW SECTION. Sec. 4. Nothing in this chapter may be construed to prohibit or restrict:

(1) The practice of an individual licensed, certified, or registered under the laws of this state and performing services within his or her authorized scope of practice;

(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States; or

(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 5. In addition to any other authority provided by law, the secretary has the authority to:

(1) Adopt rules under chapter 34.05 RCW as required to implement this chapter;

(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;

(3) Establish forms and procedures necessary to administer this chapter;

(4) Register an applicant or deny registration based upon unprofessional conduct or impairment governed by the uniform disciplinary act, chapter 18.130 RCW;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and

(6) Maintain the official department record of all applicants and persons with registrations.

NEW SECTION. Sec. 6. An applicant shall identify the name and address of the applicant and other information required by the secretary necessary to establish whether there are grounds for denial of a registration or conditional registration under chapter 18.130 RCW.

NEW SECTION. Sec. 7. The secretary shall register an applicant on forms provided by the secretary. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.

NEW SECTION. Sec. 8. The secretary shall establish by rule the procedural requirements and fees for renewal of registration. Failure to renew invalidates the registration and all privileges granted by the registration.

NEW SECTION. Sec. 9. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of registration, uncertified and unauthorized practice, and the discipline of persons registered under this chapter. The secretary is the disciplining authority under this chapter.

NEW SECTION. Sec. 10. (1) The provisions of this chapter relating to the regulation of athletic trainers are exclusive. A governmental subdivision of this state may not enact a law or rule regulating athletic trainers, except as provided in subsections (2) and (3) of this section.

(2) This section does not prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon athletic trainers, if the fee or tax is levied by the state on other types of businesses within its boundaries.

(3) This section does not prevent this state or a political subdivision of this state from regulating athletic trainers with respect to activities that are not regulated under this chapter.

Sec. 11. RCW 18.130.040 and 1999 c 335 s 10 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Chemical dependency professionals certified under chapter 18.205 RCW;

(xvi) Sex offender treatment providers certified under chapter 18.155 RCW;

(xvii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xviii) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

(xix) Denturists licensed under chapter 18.30 RCW;

(xx) Orthotists and prosthetists licensed under chapter 18.200 RCW; ((and))

(xxi) Surgical technologists registered under chapter 18.215 RCW; and

(xxii) Athletic trainers registered under chapter 18.-- RCW (sections 1 through 10 of this act).

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 12. Sections 1 through 10 of this act constitute a new chapter in Title 18 RCW."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Shin, Deccio, Thibaudeau and Rasmussen to Substitute Senate Bill No. 5598.

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

MOTIONS

On motion of Senator Thibaudeau, the following title amendment was adopted.

On page 1, line 1 of the title, after "trainers;" strike the remainder of the title and insert "amending RCW 18.130.040; and adding a new chapter to Title 18 RCW."

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5598 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5598.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5598 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 41.

Voting nay: Senators Benton, Hale, Johnson, McCaslin, McDonald, Rossi, Stevens and Zarelli - 8.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5598, 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 Patterson was excused.

SECOND READING

SENATE BILL NO. 5372, by Senators Prentice, Swecker, Honeyford, Gardner, T. Sheldon and Oke (by request of Department of Revenue)

Authorizing cooperative agreements concerning the taxation of cigarette sales on Indian lands.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5372 was substituted for Senate Bill No. 5372 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Honeyford, the following amendment by Senators Honeyford and Prentice was adopted:

On page 3, line 22, after "land" strike "within the exterior boundaries of a reservation and land"

Renumber the sections consecutively and correct any internal references accordingly.

MOTION

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5372 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Brown: “Senator Prentice, is it the intent of this legislation to provide only for agreements with twelve tribes that own and operate smoke shops and not provide a precedent for other tribes which have different circumstances such as independent smoke shops that are licensed by the tribal government, such as Puyallup?”

Senator Prentice: “Yes, this bill represents terms and conditions agreed to by only the tribes listed in the bill. The state recognizes that agreements with other tribes may involve alternative rates and conditions.”

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5372.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5372 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Patterson - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5372, 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. 5113, by Senators Costa, Swecker, Kastama, Fairley, Oke, Gardner, Haugen and Eide

Regulating motorized scooters.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5113 was substituted for Senate Bill No. 5113 and the substitute bill was placed on second reading and read the second time.

Senator Costa moved that the following striking amendment by Senators Costa and Horn be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Motorized foot scooter" means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion motor that is capable of propelling the device with or without human propulsion. A motorized foot scooter's motor must produce no more than one and five-tenths gross horsepower and be capable of propelling the entire device at not more than twenty-five miles per hour on level ground.

For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.

Sec. 2. RCW 46.20.500 and 1999 c 274 s 8 are each amended to read as follows:

No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles. However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped. No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. No driver's license is required to operate a motorized foot scooter. Persons under sixteen years of age may not operate an electric-assisted bicycle. Persons under twelve years of age may not operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.

Sec. 3. RCW 46.37.535 and 1990 c 270 s 8 are each amended to read as follows:

It is unlawful for any person to rent out motorcycles, motor-driven cycles, motorized foot scooters, or mopeds unless the person also has on hand for rent helmets of a type conforming to rules adopted by the state patrol.

It shall be unlawful for any person to rent a motorcycle, motor-driven cycle, motorized foot scooter, or moped unless the person has in his or her possession a helmet of a type approved by the state patrol, regardless of from whom the helmet is obtained.

Sec. 4. RCW 46.61.710 and 1997 c 328 s 5 are each amended to read as follows:

(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.

(2) Notwithstanding any other provision of law, neither a moped nor a motorized foot scooter may ((not)) be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.

(3) Operation of a moped ((or)), an electric-assisted bicycle, or a motorized foot scooter on a fully controlled limited access highway or on a sidewalk is unlawful.

(4) Removal of any muffling device or pollution control device from a moped or motorized foot scooter is unlawful.

(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles.

NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as follows:

A motorized foot scooter that is powered by an electric motor will be treated and regulated as a bicycle."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Costa and Horn to Substitute Senate Bill No. 5113.

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

MOTIONS

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

On line 2 of the title, after "scooters;" strike the remainder of the title and insert "amending RCW 46.20.500, 46.37.535, and 46.61.710; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 46.61 RCW."

On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5113 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5113.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5113 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Voting nay: Senators Benton, Johnson, McDonald, Morton and Stevens - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5113, 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. 6025, by Senators Eide, Patterson, Franklin, Fairley, Kline, Regala, Fraser, Thibaudeau, Spanel and Honeyford

Prohibiting methyl tertiary-butyl ether as a gasoline additive.

The bill was read the second time.

MOTION

On motion of Senator Eide, the rules were suspended, Senate Bill No. 6025 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6025.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6025 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Absent: Senator Gardner - 1.

SENATE BILL NO. 6025, 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. 5604, by Senators Spanel and Gardner

Allowing the liquor control board to authorize controlled purchase programs.

The bill was read the second time.

MOTION

On motion of Senator Spanel, the rules were suspended, Senate Bill No. 5604 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5604.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5604 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5604, 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 Snyder, Rule 15 was suspended thru Wednesday, March 15, 2001

EDITOR’S NOTE: Rule 15 states: “The Senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. 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 11:05 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:00 p.m..

The Senate was called to order at 1:00 p.m. by President Pro Tempore Franklin.

MOTION

On motion of Senator Sheahan, Senators Benton, Deccio, Finkbeiner, Honeyford, Johnson, McDonald and Stevens were excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Betti Sheldon, Gubernatorial Appointment No. 9003, Brian Benzel, as a member of the Board of Trustees for Edmonds Community College District No. 23, was confirmed.

Senators Betti Sheldon and Shin spoke to the confirmation of Brian Benzel as a member of the Board of Trustees for Edmonds Community College District No. 23.

APPOINTMENT OF BRIAN BENZEL

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 2; Absent, 4; Excused, 7.

Voting yea: Senators Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 36.

Voting nay: Senators Hochstatter and Zarelli - 2.

Absent: Senators Brown, Haugen, Roach and Sheldon, T. - 4.

Excused: Senators Benton, Deccio, Finkbeiner, Honeyford, Johnson, McDonald and Stevens - 7.

MOTION

On motion of Senator Hewitt, Senator Roach was excused.

SECOND READING

SENATE BILL NO. 6076 by Senators Kline, McCaslin, Oke, T. Sheldon, Snyder, Hargrove and Rasmussen (by request of Department of Fish and Wildlife)

Modifying the powers and duties of fish and wildlife law enforcement officers.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 6076 was substituted for Senate Bill No. 6076 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6076 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6076.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6076 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.

Voting nay: Senators Benton, Hochstatter, Honeyford and Stevens - 4.

Excused: Senator Deccio, McDonald and Roach - 3.

SUBSTITUTE SENATE BILL NO. 6076, 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. 5720, by Senators Carlson, West, T. Sheldon, Sheahan, Hewitt, B. Sheldon, Stevens, Winsley, McAuliffe and Rasmussen.

Promoting community revitalization.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5720 was substituted for Senate Bill No. 5720 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5720.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5720 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Voting nay: Senators McCaslin and Morton - 2.

Excused: Senator McDonald - 1.

SUBSTITUTE SENATE BILL NO. 5720, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5434, by Senators Oke and Haugen (by request of Department of Licensing)

Removing the photo requirement for special identification cards for persons issued disabled parking permits.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5434 was substituted for Senate Bill No. 5434 and the substitute bill was placed on second reading and read the second time.

Senator Haugen moved that the following amendment by Senators Haugen and Oke be adopted:

On page 6, beginning on line 5, strike all of section 2

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Oke on page 6, beginning on line 5, to Substitute Senate Bill No. 5434.

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

MOTIONS

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

On page 1, line 2 of the title, after "permits;" insert "and" and after "46.16.381" strike "; and creating a new section"

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5434 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5434.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5434 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Absent: Senator Deccio - 1.

. ENGROSSED SUBSTITUTE SENATE BILL NO. 5434, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Owen assumed the Chair.

SECOND READING

SENATE JOINT MEMORIAL NO. 8004, by Senators Spanel, Swecker, Patterson, Hargrove, Costa, Eide, Fraser, Thibaudeau, Franklin, Regala, Gardner, Prentice, Kline, Kohl-Welles and Haugen

Petitioning Congress to appropriate support for an oil spill prevention tugboat in the Strait of Juan de Fuca.

The joint memorial was read the second time.

MOTION

On motion of Senator Spanel, the rules were suspended, Senate Joint Memorial No. 8004 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8004.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8004 and the joint memorial passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, McCaslin, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 41.

Voting nay: Senators Benton, Hewitt, Hochstatter, Honeyford, Johnson, Stevens, West and Zarelli - 8.

. SENATE JOINT MEMORIAL NO. 8004, having received the constitutional majority, was declared passed.

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

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5240, deferred on third reading March 10, 2001.

RULING BY THE PRESIDENT

President Owen: “In ruling on the parliamentary inquiry raised by Senator Benton concerning the number of votes necessary to pass Substitute Senate Bill No. 5240, the President finds that the measure permits the Department of Ecology to raise vehicle emissions inspection fees from $15 to $26. Current law requires that the department set the fee at the minimum whole dollar amount necessary to cover its administration costs and the cost of contractor charges. Current law also requires that any surplus be deposited in the state general fund.

“Because the department must round up the inspection fee to the nearest whole dollar amount, there has existed a surplus for general fund purposes of forty cents to ninety-four cents per fee in six of the last eight years. Although Substitute Senate Bill No. 5240 will allow the department to raise the overall inspection fee to cover the costs of the program, the department will still round up the fee to the nearest whole dollar amount. The amount which is deposited in the general fund will not increase over historical levels and ‘state revenues’ will not be raised under RCW 43.135.035. For this reason the President rules that Substitute Senate Bill No. 5240 requires a simple majority vote on final passage.”

The President ruled that Substitute Senate Bill No. 5240 would require a simple majority vote on final passage of the bill.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5240.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5240 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Constantine, Costa, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Prentice, Rasmussen, Regala, Sheldon, B., Snyder, Spanel, Swecker and Thibaudeau - 25.

Voting nay: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Parlette, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, West, Winsley, Zarelli -24.

. SUBSTITUTE SENATE BILL NO. 5240, 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 McAuliffe was excused.

SECOND READING

SENATE BILL NO. 5888, by Senators Gardner, Spanel and Honeyford

Revising the qualifications of a legal newspaper.

The bill was read the second time.

MOTION

Senator Tim Sheldon moved that the following amendments by Senators Tim Sheldon, Gardner, Long and Hargrove be considered simultaneously and be adopted:

On page 1, line 14, after "class;" insert "shall have a policy to print law enforcement notifications for level III sex and kidnapping offenders residing in the paper's county of publication;"

On page 2, after line 9, insert the following:

"NEW SECTION. Sec. 2 This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Tim Sheldon, Gardner, Long and Hargrove on page 1, line 14, and page 2, after line 9, to Senate Bill No. 5888.

The motion by Senator Tim Sheldon carried and the amendments were adopted.

MOTIONS

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

On page 1, line 1 of the title, after "newspaper;" strike "and" and on line 2 of the title, after "65.16.020" insert "; and declaring an emergency"

On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 5888 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5888.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5888 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

Absent: Senator Constantine - 1.

Excused: Senator McAuliffe - 1.

ENGROSSED SENATE BILL NO. 5888, 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. 5370, by Senators Patterson, Prentice, Hale and Haugen (by request of Governor Gardner)

Splitting the department of community, trade and economic development and reestablishing the department of community development and the department of trade and economic development.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5370 was substituted for Senate Bill No. 5370 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5370 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 Rossi, I understand that one of the names that you gave on the list was government relations at a salary of sixty-eight thousand dollars. Now, would this then increase the number of bureaucrat lobbyists that we would be dealing with here in Olympia?”

Senator Rossi: “Actually, it would and information that I have is that a legislative liaison has already been hired.”

Senator Stevens: “A legislative liaison s already been hired?”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5370.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5370 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 29.

Voting nay: Senators Benton, Deccio, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, West, Zarelli - 19

Excused: Senator McAuliffe - 1.

SUBSTITUTE SENATE BILL NO. 5370, 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. 5942, by Senators McAuliffe, Jacobsen and Oke

Increasing penalties for crimes against dog guides and service animals.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5942 was substituted for Substitute Senate Bill No. 5942 and the substitute bill was placed on second reading and read the second time.

Senator Costa moves that the following amendment by Senators McAuliffe, Costa, Hargrove, Kline, Zarelli and Long be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. This act may be known and cited as Layla's Law.

NEW SECTION. Sec. 2. A new section is added to chapter 9.91 RCW to read as follows:

(1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.

(b) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.

(2)(a) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.

(b) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.

(3) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.

(4) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030.

(5)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.

(b) Restitution for a conviction under this section shall include, but is not limited to:

(i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and

(ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.

(6) Nothing in this section shall affect any civil remedies available for violation of this section.

(7) For purposes of this section, the following definitions apply:

(a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

(c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.

(d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe, Costa, Hargrove, Kline, Zarelli and Long to Substitute Senate Bill No. 5942.

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

MOTIONS

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

On page 1, line 1 of the title, after "animals;" strike the remainder of the title and insert "adding a new section to chapter 9.91 RCW; creating a new section; and prescribing penalties."

On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5942 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5942.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5942 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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

Absent: Senators Kline, Patterson - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5942, 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. 5999, by Senators B. Sheldon, Fairley, Carlson, Snyder, Rossi, Costa, Eide, Kline and Winsley

Modifying the telephone assistance program

The bill was read the second time.

MOTION

Senator Hochstatter moved that the following amendment by Senators Hochstatter, West, Honeyford, Finkbeiner, Hewitt, Swecker, Stevens, McDonald, Morton, Horn and Shin be adopted:

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

"Sec. 2. RCW 80.36.430 and 1990 c 170 s 3 are each amended to read as follows:

The Washington telephone assistance program shall be funded by a telephone assistance excise tax on all switched access lines and by funds from any federal government or other programs for this purpose. Switched access lines are defined in RCW 82.14B.020. The telephone assistance excise tax shall be applied equally to all residential and business access lines not to exceed fourteen cents per month. Upon the effective date of this act, the telephone assistance excise tax applied to affected access lines shall be reduced by two cents per month until such time as the revenues generated for the purposes of this act are not more than one million dollars above the costs of the Washington telephone assistance program. The telephone assistance excise tax shall be separately identified on each ratepayer's bill as the "Washington telephone assistance program." All money collected from the telephone assistance excise tax shall be transferred to a telephone assistance fund administered by the department. Local exchange companies shall bill the fund for their expenses incurred in offering the telephone assistance program, including administrative and program expenses. The department shall disburse the money to the local exchange companies. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department shall recover its administrative costs from the fund. The department may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies.

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

POINT OF INQUIRY

Senator Morton: “Senator Brown, can you tell me what the current balance is in this fund?”

Senator Brown: “As I understand it, the current balance in this fund is between six and seven million dollars.”

Senator Morton: “Thank you.”

The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, West, Honeyford, Finkbeiner, Hewitt, Swecker, Stevens, McDonald, Morton, Horn and Shin on page 1, after line 18, to Senate Bill No. 5999.

The motion by Senator Hochstatter failed and the amendment was not adopted.

MOTION

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

On page 2, after line 13, insert the following:

"Sec. 3 RCW 80.36.450 and 1993 c 249 s 2 are each amended to read as follows:

The Washington telephone assistance program shall be limited to one residential access line per eligible household, except that funds may not be used to support any residential access line unless the line uses toll restriction services offered by the local exchange carrier at no charge to program recipients."

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

On page 2, line 28, after "sections 2" strike "and 3" and insert "through 4"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Stevens on page 2, after line 13, and page 2, line 28, to Senate Bill No. 5999.

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

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 2, after line 27, insert the following:

"NEW SECTION. Sec. 4. Recognizing that agency rulemaking is the exercise of delegated legislative power rather than an inherent executive function, the legislature intends that the delegation of its legislative powers shall be strictly limited in this case. The department may propose rules necessary to implement this act. However, those rules shall remain proposed rules until approved by concurrent resolution of the legislature. After legislative approval, the department shall adopt the rules as final rules without variance.

Sec. 5. RCW 34.05.335 and 1989 c 175 s 8 are each amended to read as follows:

(1) A proposed rule may be withdrawn by the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.05.320.

(2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.

(3) Except for rules promulgated pursuant to this act, rules not adopted and filed with the code reviser within one hundred eighty days after publication of the text as last proposed in the register shall be regarded as withdrawn. An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The code reviser shall give notice of the withdrawal in the register.

(4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 2, after line 27, to Senate Bill No. 5999.

The motion by Senator Hochstatter failed and the amendment was not adopted on a rising vote.

MOTION

On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5999 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5999.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5999 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

SENATE BILL NO. 5999, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5993, by Senators Oke, Spanel, Winsley and Thibaudeau

Revising limitations on smoking in public places.

MOTIONS

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

Senator Benton moved that the following amendment be adopted:

Beginning on page 2, line 26, strike all of sections 3 and 4 and insert the following:

"Sec. 3. RCW 70.160.040 and 1985 c 236 s 4 are each amended to read as follows:

(1) A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:

(a) Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state of Washington or by any city, county, or other municipality in the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisle ways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and

(b) Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated. Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.

Except as provided in other provisions of this chapter, no public place, other than a bar, tavern, ((bowling alley)) card room or enhanced card room, tobacco shop, lounge or lounge area, or ((restaurant)) any other area where persons under eighteen years of age are not permitted to enter or remain and such designation is conspicuously posted at all entrances, private hire buses, and taxis that are clearly and visibly designated by the owner to permit smoking, may be designated as a smoking area in its entirety. If a bar, tavern, card room or enhanced card room, tobacco shop, lounge or lounge area, or ((restaurant)) other area where persons under eighteen years of age are not permitted to enter or remain is designated as a smoking area in its entirety, this designation shall be posted conspicuously ((on)) at all entrances normally used by the public.

(2) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

(3) ((Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke.)) Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas. ((Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.))

(4)(a) Restricting smoking in the workplace shall include provisions permitting employer policies as authorized in this subsection.

(b) An employer's policy restricting smoking in the workplace must include a provision for a designated enclosed smoking room if a smoking room policy is included in a collective bargaining agreement applicable to the workplace or, if no collective bargaining agreement applies, the employees of the employer agree to a written smoking room policy. The designated smoking room is deemed to meet any ventilation requirements of this chapter if it is ventilated as required by the American society of heating, refrigerating, and air conditioning engineers, inc. standard 62-1989.

(d) This subsection does not apply to a workplace if a statute expressly prohibiting indoor smoking applies to that workplace.

(e) This subsection may not be construed to require any employer to provide a smoking room.

(5) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge."

Renumber the following section consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Benton to Substitute Senate Bill No. 5993.

The motion by Senator Benton failed and the amendment was not adopted.

MOTION

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

On page 3, line 34, after "(a)", strike "By December 31, 2002,"

On page 4, after line 30, insert the following:

"(e) Recognizing that agency rulemaking is the exercise of delegated legislative power rather than an inherent executive function, the legislature intends that the delegation of its legislative powers shall be strictly limited in this case. If necessary to implement this act, the department of health may adopt emergency rules pursuant to RCW Chapter 34.05. The department of health may propose permanent rules under this subsection. However, those rules shall remain proposed rules until approved by concurrent resolution of the legislature. After legislative approval, the department of health shall adopt the rules as final rules without variance."

On page 4, after line 36, insert the following:

"Sec. 5. RCW 34.05.335 and 1989 c 175 s 8 are each amended to read as follows:

(1) A proposed rule may be withdrawn by the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in accordance with RCW 34.05.320.

(2) Before adopting a rule, an agency shall consider the written and oral submissions, or any memorandum summarizing oral submissions.

(4) An agency may not adopt a rule before the time established in the published notice, or such later time established on the record or by publication in the state register."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

Senators Snyder, Betti Sheldon and Prentice demanded the previous question and the demand was sustained.

The President declared the question before the Senate to be shall the main question be now put.

The demand for the previous question carried.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Hochstatter on page 3, line 34; page 4, line 30; and page 4, after line 36, to Substitute Senate Bill No. 5993.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 23.

Voting nay: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, and Thibaudeau - 26,

MOTION

Senator Thibaudeau moved that the following amendments by Senators Thibaudeau, Oke and Spanel be considered simultaneously and be adopted:

On page 4, beginning with "Engineering" on line 1, strike all material through "(ii)" on line 7.

On page 4, beginning with "through" on line 9, strike all material through "means" on line 10.

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Thibaudeau, Oke and Spanal on page 4, beginning on line 1 and beginning on line 9, to Substitute Senate Bill No. 5993.

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

MOTIONS

On motion of Senator Oke, the following amendment by Senators Oke, Thibaudeau and Spanel was adopted:

On page 4, line 14, after "(b)" strike all material through "first" and insert "Before making rules under this subsection, the secretary of health shall consider proposed rules to"

Renumber the sections consecutively and correct any internal references accordingly.

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5993 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 Hochstatter: “Senator Oke, my understanding is that the Cedar River is Seattle’s watershed. Is that correct?”

Senator Oke: “That is correct, Senator Hochstatter.”

Senator Hochstatter: “Just to continue, I have no objection to second hand smoke, but to second hand Oke?”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5993.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5993 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 14; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, and Winsley - 35.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, McDonald, Roach, Rossi, Sheahan, Stevens, West, and Zarelli - 14.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5993, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6001, by Senators Carlson and Winsley

Inspecting tenant dwelling units for fire code violations.

The bill was read the second time.

MOTIONS

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 59.18.150 and 1989 c 342 s 7 and 1989 c 12 s 18 are each reenacted and amended to read as follows:

(1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, or to allow for the inspection of a dwelling unit by a fire official for violations of the fire code when the fire official has reason to believe that there exist conditions which constitute a distinct hazard to life or property as provided in subsection (2) of this section.

(2) A landlord may not deny a fire official the right to inspect a dwelling unit under subsection (1) of this section for violations of the fire code when the fire official has reason to believe that there exist conditions which constitute a distinct hazard to life or property. A landlord may not deny a fire official the right to inspect all portions of a rental building other than the dwelling unit, including but not limited to common areas and those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building, for compliance with state and local fire codes. Nothing in this subsection is intended to require a landlord to obtain a court order for entry over a tenant's objection.

(3) Upon written notice of intent to seek an order, when a tenant or landlord denies a fire official the right to inspect a dwelling unit, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause that fire code violations exist in the dwelling unit which constitute a present and distinct hazard to life or property, shall issue an order allowing inspection of the dwelling unit.

Upon written notice of intent to seek an order, when a landlord denies a fire official the right to inspect the common areas of the rental building other than the dwelling unit, as described in subsection (2) of this section, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause that a fire code violation which constitutes a present and distinct hazard to life or property exists in those areas, shall issue an order allowing inspection of those common areas of the rental building other than the dwelling unit, as described in subsection (2) of this section.

The superior court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such orders.

(4) "Fire official" means any fire official authorized to enforce the state or local fire code.

(5) The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.

(((3))) (6) The landlord shall not abuse the right of access or use it to harass the tenant. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his or her intent to enter and shall enter only at reasonable times. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.

(((4))) (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

(((5))) (8) A landlord or tenant who continues to violate this section after being served with one written notification alleging in good faith violations of this section listing the date and time of the violation shall be liable for up to one hundred dollars for each violation after receipt of the notice. The prevailing party may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees.

(9) Nothing in this section is intended to abrogate or modify in any way any common law right or privilege."

MOTIONS

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

On page 1, line 2 of the title, after "violations;" strike the remainder of the title and insert "and reenacting and amending RCW 59.18.150."

On motion of Senator Constantine, the rules were suspended, Engrossed Senate Bill No. 6001 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6001.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6001 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 29.

Voting nay: Senators Benton, Deccio, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 20.

ENGROSSED SENATE BILL NO. 6001, 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 9, 2001

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1004,

HOUSE BILL NO. 1045,

HOUSE BILL NO. 1047,

HOUSE BILL NO. 1108,

HOUSE BILL NO. 1173,

HOUSE BILL NO. 1213,

HOUSE BILL NO. 1255,

SUBSTITUTE HOUSE BILL NO. 1256,

SUBSTITUTE HOUSE BILL NO. 1260,

HOUSE BILL NO. 1271,

HOUSE BILL NO. 1296,

HOUSE BILL NO. 1303,

SUBSTITUTE HOUSE BILL NO. 1391,

ENGROSSED HOUSE BILL NO. 1407,

HOUSE BILL NO. 1422,

SUBSTITUTE HOUSE BILL NO. 1469,

HOUSE BILL NO. 1479,

SUBSTITUTE HOUSE BILL NO. 1502,

SUBSTITUTE HOUSE BILL NO. 1537,

HOUSE BILL NO. 1547,

HOUSE BILL NO. 1564,

HOUSE BILL NO. 1578,

HOUSE BILL NO. 1579,

HOUSE BILL NO. 1584,

HOUSE BILL NO. 1611,

HOUSE BILL NO. 1613,

HOUSE BILL NO. 1614,

HOUSE BILL NO. 1623,

HOUSE BILL NO. 1634,

SUBSTITUTE HOUSE BILL NO. 1661,

SUBSTITUTE HOUSE BILL NO. 1680,

HOUSE BILL NO. 1692,

HOUSE BILL NO. 1694,

HOUSE BILL NO. 1727,

HOUSE BILL NO. 1729,

HOUSE BILL NO. 1780,

SUBSTITUTE HOUSE BILL NO. 1836,

HOUSE BILL NO. 1951,

HOUSE JOINT MEMORIAL NO. 4002, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 9, 2001

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1019,

ENGROSSED HOUSE BILL NO. 1046,

ENGROSSED HOUSE BILL NO. 1347,

HOUSE BILL NO. 1361,

HOUSE BILL NO. 1368,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1370,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1371,

SUBSTITUTE HOUSE BILL NO. 1471,

HOUSE BILL NO. 1581,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1655,

ENGROSSED HOUSE BILL NO. 1745,

HOUSE BILL NO. 1851,

HOUSE BILL NO. 1856,

ENGROSSED HOUSE BILL NO. 1864,

SUBSTITUTE HOUSE BILL NO. 1897,

HOUSE BILL NO. 1898,

SUBSTITUTE HOUSE BILL NO. 1920,

SUBSTITUTE HOUSE BILL NO. 1971,

HOUSE BILL NO. 2011,

HOUSE BILL NO. 2037,

HOUSE BILL NO. 2095,

HOUSE BILL NO. 2096,

SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4401, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 9, 2001

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1027,

HOUSE BILL NO. 1070,

SUBSTITUTE HOUSE BILL NO. 1117,

SUBSTITUTE HOUSE BILL NO. 1187,

SUBSTITUTE HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1252,

SUBSTITUTE HOUSE BILL NO. 1254,

HOUSE BILL NO. 1257,

SUBSTITUTE HOUSE BILL NO. 1320,

SUBSTITUTE HOUSE BILL NO. 1339,

SUBSTITUTE HOUSE BILL NO. 1426,

SUBSTITUTE HOUSE BILL NO. 1528,

SUBSTITUTE HOUSE BILL NO. 1596,

SUBSTITUTE HOUSE BILL NO. 1632,

SUBSTITUTE HOUSE BILL NO. 1643,

HOUSE BILL NO. 1844,

HOUSE BILL NO. 1846,

SUBSTITUTE HOUSE BILL NO. 1899,

HOUSE BILL NO. 1943,

HOUSE BILL NO. 1952,

SUBSTITUTE HOUSE BILL NO. 2041,

SUBSTITUTE HOUSE BILL NO. 2046, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 9, 2001

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1066,

HOUSE BILL NO. 1100,

HOUSE BILL NO. 1131,

HOUSE BILL NO. 1160,

SUBSTITUTE HOUSE BILL NO. 1161,

HOUSE BILL NO. 1216,

SUBSTITUTE HOUSE BILL NO. 1282,

SUBSTITUTE HOUSE BILL NO. 1342,

HOUSE BILL NO. 1346,

SUBSTITUTE HOUSE BILL NO. 1349,

SUBSTITUTE HOUSE BILL NO. 1352,

HOUSE BILL NO. 1367,

HOUSE BILL NO. 1369,

SUBSTITUTE HOUSE BILL NO. 1376,

SUBSTITUTE HOUSE BILL NO. 1498,

SUBSTITUTE HOUSE BILL NO. 1501,

SUBSTITUTE HOUSE BILL NO. 1515,

HOUSE BILL NO. 1523,

ENGROSSED HOUSE BILL NO. 1530,

HOUSE BILL NO. 1542,

HOUSE BILL NO. 1546,

HOUSE BILL NO. 1548,

HOUSE BILL NO. 1567,

HOUSE BILL NO. 1568,

HOUSE BILL NO. 1582,

HOUSE BILL NO. 1583,

SUBSTITUTE HOUSE BILL NO. 1644,

HOUSE BILL NO. 1706,

HOUSE BILL NO. 1716,

SUBSTITUTE HOUSE BILL NO. 1717,

SUBSTITUTE HOUSE BILL NO. 1792,

HOUSE BILL NO. 1798,

HOUSE BILL NO. 1820, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 9, 2001

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1091,

SUBSTITUTE HOUSE BILL NO. 1093,

SUBSTITUTE HOUSE BILL NO. 1120,

SUBSTITUTE HOUSE BILL NO. 1133,

HOUSE BILL NO. 1179,

HOUSE BILL NO. 1196,

HOUSE BILL NO. 1199,

SUBSTITUTE HOUSE BILL NO. 1202,

SUBSTITUTE HOUSE BILL NO. 1203,

HOUSE BILL NO. 1211,

SUBSTITUTE HOUSE BILL NO. 1212,

SUBSTITUTE HOUSE BILL NO. 1214,

HOUSE BILL NO. 1227,

HOUSE BILL NO. 1280,

HOUSE BILL NO. 1287,

SUBSTITUTE HOUSE BILL NO. 1295,

HOUSE BILL NO. 1313,

HOUSE BILL NO. 1317,

HOUSE BILL NO. 1366,

SUBSTITUTE HOUSE BILL NO. 1467, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

MOTION

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

INTRODUCTION AND FIRST READING

SB 6144 by Senators Stevens, Rossi, Long, Hewitt, Carlson, Zarelli, Honeyford, Parlette, McDonald and West

AN ACT Relating to general assistance to persons in need; and amending RCW 74.04.005.

Referred to Committee on Human Services and Corrections.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1004 by House Committee on Appropriations (originally sponsored by Representatives Morris and Doumit)

Adjusting disability payments.

Referred to Committee on Ways and Means.

SHB 1019 by House Committee on Natural Resources (originally sponsored by Representatives Pennington, Hatfield, Mielke and Ogden)

Modifying the composition of the fish and wildlife commission.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1027 by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Cody, Kenney, D. Schmidt and Dunn) (by request of Horse Racing Commission)

Establishing the live horse racing compact.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1045 by Representatives Conway, Delvin, Doumit, Barlean, H. Sommers, Lambert, Alexander, Kagi, O'Brien, McIntire, Hurst, Hatfield, Haigh, Kenney, Edmonds, Keiser and Van Luven (by request of Joint Committee on Pension Policy)

Reducing the law enforcement officers' and fire fighters' retirement system plan 2 disability actuarial reduction age from fifty-five to fifty-three.

Referred to Committee on Ways and Means.

EHB 1046 by Representatives Doumit, Alexander, Conway, Lambert, H. Sommers, Delvin, Kagi, O'Brien, McIntire, Hurst, Haigh, Kenney, Edmonds and Simpson (by request of Joint Committee on Pension Policy)

Modifying the Washington state patrol retirement system retirement and survivor benefits.

Referred to Committee on Ways and Means.

HB 1047 by Representatives H. Sommers, Lambert, Conway, Doumit, McIntire, Haigh and Kenney (by request of Joint Committee on Pension Policy)

Exempting trainers and trainees in housing authority resident training programs from membership in the public employees' retirement system.

Referred to Committee on Ways and Means.

HB 1066 by Representatives O'Brien, Ballasiotes, Delvin, Lovick, Keiser and Haigh (by request of Criminal Justice Training Commission)

Revising the authority of the criminal justice training commission to own and operate training facilities.

Referred to Committee on Judiciary.

HB 1070 by Representatives Delvin, Dickerson, Ogden, Conway, Haigh, Kagi and Hurst (by request of Department of Social and Health Services)

Revising provisions relating to the juvenile offender basic training camp program.

Referred to Committee on Human Services and Corrections.

SHB 1091 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, H. Sommers, Miloscia, Cairnes, Schindler, Talcott and Mielke)

Changing sexual misconduct laws with regard to school employees.

Referred to Committee on Judiciary.

SHB 1093 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Ballasiotes, Cody, Campbell, Ruderman, Skinner, Conway, Edmonds, Kenney and Kagi)

Changing physician license fees.

Referred to Committee on Health and Long-Term Care.

HB 1100 by Representatives Fisher and Woods (by request of Marine Employees' Commission)

Modifying notice requirements.

Referred to Committee on Transportation.

HB 1108 by Representatives Bush, Kenney, Talcott, Lambert, D. Schmidt, Lantz, Benson, Cox, Campbell, Woods, Veloria, Esser, Haigh, Mulliken, Ogden, Mielke, Boldt, Casada, Morell, Buck, Pearson, Roach, Clements, Schoesler, Romero, Darneille, Carrell, Van Luven, Edwards, Kagi and Hurst

Authorizing the secretary of state to observe county election facilities.

Referred to Committee on State and Local Government.

SHB 1117 by House Committee on Judiciary (originally sponsored by Representatives Carrell, Lantz, Lambert, O'Brien, Lovick, Hunt and Haigh)

Providing procedures for enforcement of court-ordered restitution obligations in courts of limited jurisdiction.

Referred to Committee on Judiciary.

SHB 1120 by House Committee on Education (originally sponsored by Representatives Rockefeller, Cox, Talcott, Quall, Santos, Haigh, Anderson, McDermott, Schindler, D. Schmidt, Pearson, Keiser and Jackley)

Establishing requirements for employing holders of lapsed teaching certificates.

Referred to Committee on Education.

HB 1131 by Representatives Mulliken, Dunshee, Edwards, G. Chandler, DeBolt, Dunn and Hatfield

Modifying the powers of public hospital districts.

Referred to Committee on State and Local Government.

SHB 1133 by House Committee on Commerce and Labor (originally sponsored by Representatives Carrell, Lantz, Lambert, Hurst, Casada, Morell, Kagi, Marine, Cox, Talcott, Tokuda, Fisher, Bush, Edwards, O'Brien, Darneille, Edmonds, Esser and Haigh)

Determining liability for donated labor on community projects.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1160 by Representatives Hunt, Clements, Conway and Kenney (by request of Department of Licensing)

Providing for temporary real estate appraiser practice permits.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1161 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Clements and Kenney) (by request of Department of Licensing)

Authorizing the department of licensing to establish engineer and land surveyors' certificate and licensing renewal intervals, renewal fees, and renewal dates.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1173 by Representatives Mulliken and Dunshee

Purchasing material, supplies, or equipment by fire districts.

Referred to Committee on State and Local Government.

HB 1179 by Representatives Ericksen, Lovick, G. Chandler and O'Brien

Strengthening procedures for disqualification of drinking or drugged commercial drivers.

Referred to Committee on Transportation.

SHB 1187 by House Committee on State Government (originally sponsored by Representatives Haigh, Miloscia, Darneille, McMorris, Lambert, Reardon, Dunshee, O'Brien, Delvin, Talcott, Campbell, G. Chandler, Quall, Anderson, Alexander, Schoesler, Esser and D. Schmidt) (by request of Military Department)

Exempting certain information on criminal acts from public disclosure.

Referred to Committee on Judiciary.

SHB 1188 by House Committee on Capital Budget (originally sponsored by Representatives Haigh, McMorris, O'Brien, Miloscia, Dunshee, Lambert, Campbell, Delvin, G. Chandler, Talcott, Quall, Reardon, Alexander, H. Sommers, Veloria, Schoesler, Esser, Anderson, Morell, Darneille and D. Schmidt) (by request of Military Department)

Authorizing the military department to dispose at public bid of the state armory known as the Pier 91 property and acquire replacement property and improvements.

Referred to Committee on State and Local Government.

HB 1196 by Representatives Gombosky, Mulliken, Dunshee and Cox

Modifying parking and business improvement areas.

Referred to Committee on State and Local Government.

HB 1199 by Representatives Schindler, Mielke, Sump, G. Chandler, McMorris and Armstrong

Altering the format of a fish and wildlife lands vehicle use permit.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1202 by House Committee on Finance (originally sponsored by Representatives Cairnes and Morris) (by request of Department of Revenue)

Improving property tax administration.

Referred to Committee on Ways and Means.

SHB 1203 by House Committee on Finance (originally sponsored by Representatives Cairnes and Morris) (by request of Department of Revenue)

Authorizing the department of revenue to modify sales tax exemption documentation and retention requirements for simplification purposes.

Referred to Committee on Ways and Means.

HB 1211 by Representatives Benson, Simpson, Barlean and Hatfield (by request of Department of Financial Institutions)

Creating the financial services regulation fund.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1212 by House Committee on Juvenile Justice (originally sponsored by Representative Bush)

Sealing certain juvenile records.

Referred to Committee on Human Services and Corrections.

HB 1213 by Representatives Delvin, Conway, H. Sommers, Lambert, Doumit and Hurst (by request of Joint Committee on Pension Policy)

Correcting statutes pertaining to the public employees' and school employees' retirement systems.

Referred to Committee on Ways and Means.

SHB 1214 by House Committee on Appropriations (originally sponsored by Representatives H. Sommers, Lambert, Doumit and Delvin) (by request of Joint Committee on Pension Policy)

Clarifying certain administrative and investment duties of the department of retirement systems and the state investment board.

Referred to Committee on Ways and Means.

HB 1216 by Representatives Lambert, O'Brien, Carrell and Delvin

Investigating sudden unexplained deaths of children.

Referred to Committee on Judiciary.

HB 1227 by Representatives Ballasiotes, Lovick and O'Brien

Changing provisions relating to escaping from custody.

Referred to Committee on Judiciary.

SHB 1252 by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Mulliken, Schindler and Lambert)

Exempting faith-based chemical dependency treatment programs from state regulation.

Referred to Committee on Human Services and Corrections.

SHB 1254 by House Committee on Finance (originally sponsored by Representatives Kessler, Mastin, Reardon, Roach, Cairnes and Morris)

Exempting certain land exchanges and sales involving the federal government from real estate excise tax.

Referred to Committee on Ways and Means.

HB 1255 by Representatives Cox, Fromhold, Haigh, Schoesler and Hunt

Including educational service districts in school district provisions.

Referred to Committee on Education.

SHB 1256 by House Committee on Education (originally sponsored by Representatives Cox, Haigh, Fromhold, Schoesler and Hunt)

Regarding educational service districts' superintendent review committees.

Referred to Committee on Education.

HB 1257 by Representatives Cox, Haigh, Fromhold, Schoesler and Hunt

Modifying educational service districts' borrowing authority.

Referred to Committee on Education.

SHB 1260 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lovick, Ballasiotes, O'Brien, Kagi and Haigh)

Establishing a postsecondary education program for inmates.

Referred to Committee on Human Services and Corrections.

HB 1271 by Representatives Ballasiotes, O'Brien, Conway and Woods

Modifying requirements for certain victims of sexually violent predators to be eligible for victims' compensation.

Referred to Committee on Human Services and Corrections.

HB 1280 by Representatives Simpson, Ballasiotes, O'Brien, Cairnes, Lovick, Santos, Armstrong, Campbell and Keiser

Increasing the seriousness ranking for hit and run--death.

Referred to Committee on Judiciary.

SHB 1282 by House Committee on State Government (originally sponsored by Representatives D. Schmidt and Romero (by request of Washington Uniform Legislation Commission)

Adding the code reviser to the uniform legislation commission.

Referred to Committee on State and Local Government.

HB 1287 by Representatives Reardon, Delvin, Hunt, Ruderman, Campbell, Simpson, McIntire, Crouse, Casada, Hankins, Doumit, Mielke, Bush, Quall, Cooper, Haigh, Skinner, Ballasiotes, Morris, Woods, DeBolt, Lambert, O'Brien, Tokuda, Pennington, Hatfield, Fisher, Eickmeyer, Ericksen, Ahern, Anderson, Pflug, Schindler, Dunshee, Ogden, Veloria, Grant, Morell, Romero, Kenney, Schoesler, Barlean, Keiser, Cody, Roach, Miloscia, Dickerson, Esser, Conway, Murray, Edmonds, Edwards, Kessler, Linville, D. Schmidt, Jackley, Hurst, Kagi and Van Luven

Extending the prohibition on mandatory local measured telecommunications service.

Referred to Committee on Economic Development and Telecommunications.

SHB 1295 by House Committee on Trade and Economic Development (originally sponsored by Representatives Dunn, Dunshee, Mielke, Fromhold, Hunt, Miloscia, Roach and Benson)

Modifying revenue bond provisions of the economic development finance authority.

Referred to Committee on Economic Development and Telecommunications.

HB 1296 by Representatives Hatfield, Benson and McIntire (by request of Insurance Commissioner Kreidler)

Restricting the investment of insurers in depository institutions or any company which controls a depository institution.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1303 by Representatives Fisher, Mitchell, Mielke and Rockefeller (by request of Department of Licensing)

Removing the photo requirement for special identification cards for persons issued disabled parking permits.

Referred to Committee on Transportation.

HB 1313 by Representatives Cox, Kenney, Lantz, Dunn, Rockefeller and Haigh (by request of Workforce Training and Education Coordinating Board)

Changing liability and licensure provisions for private vocational schools.

Referred to Committee on Higher Education.

HB 1317 by Representatives Ballasiotes and Morell

Removing the expiration date on emergency administration of epinephrine.

Referred to Committee on Health and Long-Term Care.

SHB 1320 by House Committee on Health Care (originally sponsored by Representatives Edmonds, Skinner, Pennington, Cody, Gombosky, Campbell, Darneille, Ruderman, Conway, Schual-Berke, Edwards, Mielke, Linville, Kenney, Jackley and Kagi)

Modifying provisions concerning adult family homes.

Referred to Committee on Health and Long-Term Care.

SHB 1339 by House Committee on Finance (originally sponsored by Representatives Linville, Ericksen, Barlean and Van Luven) (by request of Department of Revenue)

Providing equity in the taxation of farmers.

Referred to Committee on Agriculture and International Trade.

SHB 1342 by House Committee on Appropriations (originally sponsored by Representatives H. Sommers, Sehlin, Kenney, Lisk and Alexander (by request of Department of General Administration)

Modifying provisions concerning the general administration services account.

Referred to Committee on Ways and Means.

HB 1346 by Representatives Dickerson, Tokuda, Kenney, Kagi and Santos

Exempting from child care regulations persons who place or care for children entering the United States for medical care.

Referred to Committee on Human Services and Corrections.

EHB 1347 by Representatives Benson and Hatfield

Creating the structured settlement protection act.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1349 by House Committee on Appropriations (originally sponsored by Representatives Kessler, Buck, Morris, Sehlin, Linville and Rockefeller)

Authorizing a funding mechanism for removal and disposal of derelict vessels.

Referred to Committee on Environment, Energy and Water.

SHB 1352 by House Committee on State Government (originally sponsored by Representatives McMorris, D. Schmidt, McDermott, Schindler, Haigh, Lambert and Miloscia) (by request of Public Disclosure Commission)

Correcting inaccurate or procedurally obsolete provisions of the public disclosure commission law.

Referred to Committee on State and Local Government.

HB 1361 by Representatives Jackley, Cairnes and Dunshee (by request of Department of Revenue)

Simplifying excise tax application and administration.

Referred to Committee on Ways and Means.

HB 1366 by Representatives Hatfield, Benson and Keiser (by request of Department of Financial Institutions)

Regulating credit unions.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1367 by Representatives Esser, McDermott, Lovick and Benson (by request of Office of the Code Reviser)

Correcting outdated references and double amendments.

Referred to Committee on Transportation.

HB 1368 by Representatives Esser, McDermott and Lovick (by request of Office of the Code Reviser)

Recodifying RCW 77.16.220.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1369 by Representatives Esser, McDermott and Lovick (by request of Office of the Code Reviser)

Making technical corrections to chapter 19.28 RCW, electricians and electrical installations.

Referred to Committee on Labor, Commerce and Financial Institutions.

ESHB 1370 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Jackley, Morell, Eickmeyer, Bush, Benson, Rockefeller, Schindler, Conway, Hurst, Mulliken and Campbell) (by request of Governor Locke)

Restricting the sale of ephedrine, pseudoephedrine, or phenylpropanolamine.

Referred to Committee on Judiciary.

ESHB 1371 by House Committee on Appropriations (originally sponsored by Representatives Morell, O'Brien, Woods, Bush, Cooper, Haigh, Simpson, Armstrong, Ahern, Lovick, Marine, Anderson, Pearson, Benson, Keiser, Conway, Hurst, Santos and Campbell)

Allowing participation in health care authority insurance plans and contracts by surviving spouses and dependent children of emergency service personnel killed in the line of duty.

Referred to Committee on Ways and Means.

SHB 1376 by House Committee on State Government (originally sponsored by Representatives Armstrong, McDermott, McMorris, D. Schmidt, Haigh and Woods) (by request of Department of Veterans Affairs)

Exempting certain veterans affairs personnel from the state civil service law.

Referred to Committee on State and Local Government.

SHB 1391 by House Committee on State Government (originally sponsored by Representatives Kessler and Mastin)

Overseeing statutory legislative committees.

Referred to Committee on State and Local Government.

EHB 1407 by Representatives Fisher and Mitchell (by request of Department of Licensing)

Modifying the taxation of fuel.

Referred to Committee on Transportation.

HB 1422 by Representatives Benson, Hatfield and Bush (by request of State Treasurer Murphy and Superintendent of Public Instruction Bergeson)

Increasing the size of the state investment board.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1426 by House Committee on Health Care (originally sponsored by Representatives Edmonds, Skinner, Cody, Pflug, Dunn, Schual-Berke, Boldt, Kagi, Kenney, Campbell, Conway and Marine)

Establishing a quality improvement program for boarding homes.

Referred to Committee on Health and Long-Term Care.

SHB 1467 by House Committee on Finance (originally sponsored by Representatives Reardon, Cairnes and Santos) (by request of Department of Revenue)

Improving property tax administration by correcting terminology and deleting obsolete provisions.

Referred to Committee on Ways and Means.

SHB 1469 by House Committee on Health Care (originally sponsored by Representatives Campbell and Cody)

Dispensing controlled substance orders and prescriptions.

Referred to Committee on Health and Long-Term Care.

SHB 1471 by House Committee on Juvenile Justice (originally sponsored by Representatives Darneille, Delvin, Dickerson and Armstrong)

Regarding diversions.

Referred to Committee on Human Services and Corrections.

HB 1479 by Representatives Alexander, Grant, Barlean, Rockefeller, Ericksen, Campbell, Romero, Fromhold, Buck, H. Sommers, Bush, Doumit, Conway, Lantz, Kessler, Pennington, Hatfield, Clements, Cox, Benson, Santos, Kenney, Cooper, Kagi, O'Brien, Simpson, Armstrong, Dunshee, Linville, Schual-Berke, D. Schmidt, Cairnes, Morris, Ogden, Roach, Keiser, Schoesler, G. Chandler, Lovick, McIntire, Hunt, Hurst, Quall, Jackley, Carrell, Mulliken, Edmonds, Jarrett, Woods and Wood

Providing a death benefit for certain state employees.

Referred to Committee on Ways and Means.

SHB 1498 by House Committee on Natural Resources (originally sponsored by Representatives Jackley and Pearson) (by request of Department of Fish and Wildlife)

Requiring holders of fish and wildlife licenses purchased over the internet or telephone to provide enforcement officers with photo identification.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1501 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway and Clements) (by request of Secretary of State Reed)

Authorizing the electronic filing of corporation and limited liability company annual reports.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1502 by House Committee on Agriculture and Ecology (originally sponsored by Representatives G. Chandler, Grant, Schoesler and Mastin)

Revising provisions relating to conservation districts.

Referred to Committee on Agriculture and International Trade.

SHB 1515 by House Committee on State Government (originally sponsored by Representatives Armstrong, O'Brien, Barlean, Hunt, Schoesler, Eickmeyer, Ahern, Darneille, Anderson, Carrell, G. Chandler, Hatfield, Buck, Lovick and Edwards)

Changing public works provisions for institutions of higher education.

Referred to Committee on Higher Education.

HB 1523 by Representatives Mielke, Mulliken, Dunshee and Edmonds

Reconciling conflicting provisions in laws pertaining to cities and towns.

Referred to Committee on State and Local Government.

SHB 1528 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Poulsen, Crouse, Ruderman and Delvin) (by request of Utilities and Transportation Commission)

Reducing regulatory requirements on competitive telecommunications services and companies.

Referred to Committee on Economic Development and Telecommunications.

EHB 1530 by Representatives Lantz and Carrell

Providing for the appointment of an agent to receive claims against local government entities.

Referred to Committee on Judiciary.

SHB 1537 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Roach, Hatfield, Benson, Miloscia and Keiser)

Protecting credit union directors and committee members.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1542 by Representatives Van Luven, Gombosky, Fromhold and Dunn (by request of Department of Community, Trade, and Economic Development)

Exempting certain financial or proprietary information provided to the department of community, trade, and economic development from public disclosure.

Referred to Committee on Economic Development and Telecommunications.

HB 1546 by Representatives Schual-Berke, Campbell, Ballasiotes, D. Schmidt, Simpson, Conway, Keiser, Darneille, Kagi, Woods, Ruderman, Hurst and McIntire (by request of Secretary of State Reed)

Authorizing address confidentiality for victims of stalking.

Referred to Committee on State and Local Government.

HB 1547 by Representatives Simpson, Bush, Benson, Hatfield, Santos and Keiser (by request of Insurance Commissioner Kreidler)

Licensing insurance agents, brokers, solicitors, and adjusters.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1548 by Representatives Kirby and Carrell

Expanding the small works roster process to include metropolitan park districts.

Referred to Committee on State and Local Government.

HB 1564 by Representatives Casada, Lantz, Carrell, Hurst, Esser and O'Brien

Reenacting provisions relating to the crime of making false or misleading statements to public servants.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1567 by Representatives Fisher, Hankins, Lovick and Mitchell (by request of Department of Licensing)

Increasing the penalty for intentional misuse of abstracts of driving records.

Referred to Committee on Transportation.

HB 1568 by Representatives Lovick, Delvin, Fisher, Hankins, Mitchell, O'Brien and Hurst (by request of Department of Licensing)

Updating procedures for actions against driving school licensees.

Referred to Committee on Transportation.

HB 1578 by Representatives Carrell, Hurst and Lantz

Reenacting provisions relating to criminal profiteering.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1579 by Representatives Carrell, Lantz, Hurst and Rockefeller

Reenacting provisions relating to the wrongful practice of law.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1581 by Representatives Cooper, Haigh, Morell, Hankins, Rockefeller and Delvin (by request of Department of Licensing)

Revising provisions for licensing of motor vehicle dealers and manufacturers.

Referred to Committee on Transportation.

HB 1582 by Representatives Hatfield, Delvin, Cooper, Ericksen, Linville, Kenney, Rockefeller and Lisk (by request of Department of Licensing)

Exempting certain motorcycles used for training from the use tax.

Referred to Committee on Transportation.

HB 1583 by Representatives Hatfield, Ericksen, Cooper, Delvin and Kenney (by request of Department of Licensing)

Waiving the motorcycle exam for trained operators.

Referred to Committee on Transportation.

HB 1584 by Representatives Haigh, Cooper, Ericksen and Morell (by request of Department of Licensing)

Revising requirements for vehicle license renewal.

Referred to Committee on Transportation.

SHB 1596 by House Committee on Transportation (originally sponsored by Representatives G. Chandler, Wood, Mulliken, Fisher, Mitchell, Ogden and Santos)

Authorizing transportation for persons with special needs.

Referred to Committee on Transportation.

HB 1611 by Representatives Schindler and Romero (by request of Washington State Patrol)

Modifying missing persons record retention policies.

Referred to Committee on Judiciary.

HB 1613 by Representatives Romero and Schindler (by request of Washington State Patrol)

Providing a time limit for the transmittal of unidentified persons information.

Referred to Committee on Judiciary.

HB 1614 by Representatives Lovick, Carrell and Hurst

Reenacting provisions relating to the crime of commercial bribery.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1623 by Representatives Kenney, Cox, Skinner, Benson, Gombosky, Rockefeller, Edwards and Mulliken

Authorizing four-year public institutions of higher education to participate with the state in investing surplus funds.

Referred to Committee on Higher Education.

SHB 1632 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Ruderman, Anderson, Schual-Berke and Casada) (by request of Department of Information Services)

Prescribing criminal penalties for fraudulently obtaining or using digital signatures and digital certificates.

Referred to Committee on Economic Development and Telecommunications.

HB 1634 by Representatives Santos, DeBolt, Hatfield and Benson (by request of Insurance Commissioner Kreidler)

Prioritizing and ordering the distribution of claims of an insurer's estate.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1643 by House Committee on Judiciary (originally sponsored by Representatives Lantz, Skinner, Fromhold, Ogden, Esser, Jarrett, McIntire, Rockefeller, Doumit, Keiser and Dunn)

Limiting liability of volunteers.

Referred to Committee on Judiciary.

SHB 1644 by House Committee on State Government (originally sponsored by Representatives McMorris, Romero, Linville and Kenney) (by request of Secretary of State Reed)

Clarifying recount procedures.

Referred to Committee on State and Local Government.

ESHB 1655 by House Committee on Natural Resources (originally sponsored by Representatives Sump, Doumit, Pearson, Rockefeller and Clements)

Appointing a fish and wildlife advisory committee composed of disabled persons.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1661 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Keiser, Bush, Santos and Miloscia)

Regulating juvenile life insurance.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1680 by House Committee on Transportation (originally sponsored by Representatives Fisher, Mitchell and Poulsen (by request of The Blue Ribbon Commission on Transportation)

Extending design-build for public works.

Referred to Committee on Transportation.

HB 1692 by Representatives Boldt, Carrell and Hurst

Reenacting provisions relating to the crime of perjury.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1694 by Representatives Boldt, Carrell and Hurst

Reenacting provisions relating to the crime of unlicensed practice of a profession or business.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1706 by Representatives Morris and Cairnes (by request of Department of Revenue)

Authorizing the department of revenue to issue direct pay permits.

Referred to Committee on Ways and Means.

HB 1716 by Representatives Veloria, Mielke, Buck, O'Brien, Conway, Talcott, Hunt, Crouse, Clements, Murray, Schoesler, Miloscia, Benson, Tokuda, Santos, D. Schmidt, McDermott, Lovick, Cody, Campbell, Haigh, Keiser, Ogden and Dickerson (by request of Governor Locke)

Providing income assistance benefits to qualified World War II veterans living in the Republic of the Philippines.

Referred to Committee on Human Services and Corrections.

SHB 1717 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Morell, O'Brien, Ballasiotes, McMorris, Cairnes and Ahern)

Exempting from public inspection specified information on correctional facilities.

Referred to Committee on Human Services and Corrections.

HB 1727 by Representatives Roach, Miloscia, Benson and Hatfield (by request of Insurance Commissioner Kreidler)

Regulating the investment limits of insurers in noninsurance subsidiaries.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1729 by Representatives Benson, Hatfield, McIntire, Cairnes, Roach, Simpson and Keiser

Licensing surplus line brokers.

Referred to Committee on Labor, Commerce and Financial Institutions.

EHB 1745 by Representatives Lambert and Dickerson ( by request of Department of Social and Health Services)

Making child support technical amendments regarding medical support.

Referred to Committee on Judiciary.

HB 1780 by Representatives Armstrong, Linville, B. Chandler and Grant

Concerning moneys in the fruit and vegetable district fund.

Referred to Committee on Agriculture and International Trade.

SHB 1792 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson and Hatfield) (by request of Insurance Commissioner Kreidler)

Creating the holding company act for health care service contractors and health maintenance organizations.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1798 by Representatives Kagi, Pennington, Morris, Edmonds, Mulliken, Gombosky and Lovick

Providing equitable adjustment of indebtedness for fire district mergers and annexations.

Referred to Committee on State and Local Government.

HB 1820 by Representatives Van Luven, H. Sommers, Lantz, Morris and Edwards (by request of University of Washington)

Clarifying that certain technology transactions by institutions of higher education are exempt from state ethics requirements.

Referred to Committee on Higher Education.

SHB 1836 by House Committee on Natural Resources (originally sponsored by Representatives Edwards, Doumit, Sump, Cooper, Haigh, Eickmeyer, Tokuda, Boldt, Dunn, Esser, Lovick and Jackley)

Creating a legislative task force on local park and recreation maintenance and operations.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1844 by Representatives Doumit, Pennington, Hatfield, Mielke and Dunn (by request of Department of Natural Resources)

Allowing the department of natural resources to exchange certain bedlands to obtain clear title to certain property on the Cowlitz river.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1846 by Representatives Alexander, Hunt, Romero and DeBolt (by request of Department of Natural Resources)

Allowing the department of natural resources to sell or exchange its light industrial property in Thurston county.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1851 by Representative McMorris

Modifying the definition of small employer to include school districts.

Referred to Committee on Health and Long-Term Care.

HB 1856 by Representatives Morell, O'Brien, Talcott, Miloscia, Quall, Carrell, Rockefeller, Bush, Cox, Pflug, Pearson and Woods

Excusing student absences for state-recognized search and rescue activities.

Referred to Committee on Education.

EHB 1864 by Representatives Dickerson, Casada and McIntire

Revising information requirements in family law court files.

Referred to Committee on Judiciary.

SHB 1897 by House Committee on Appropriations (originally sponsored by Representatives Delvin, Hankins, Poulsen, Grant, B. Chandler, Mastin and G. Chandler)

Modifying requirements to receive state allocations for an agricultural fair.

Referred to Committee on Agriculture and International Trade.

HB 1898 by Representatives Hankins, Skinner, Tokuda, Boldt, Kenney, Dunn, Keiser, Van Luven, McMorris, Delvin, Mitchell and Santos

Licensing crisis nurseries.

Referred to Committee on Human Services and Corrections.

SHB 1899 by House Committee on State Government (originally sponsored by Representatives Bush, McIntire, Cairnes, Keiser, DeBolt, Hatfield, Benson, Santos, Roach, Miloscia, Barlean, Lovick, Casada, O'Brien, Morell, Simpson, Mielke, Jackley, Pearson, Romero, Eickmeyer, Ruderman, Sump, Linville, D. Schmidt, Campbell, Esser, Hunt, Hurst and Schual-Berke)

Prohibiting the use of social security numbers and drivers' license numbers in professional licenses.

Referred to Committee on Human Services and Corrections.

SHB 1920 by House Committee on Judiciary (originally sponsored by Representatives Carrell, Lantz, Cody and Campbell)

Allowing medical reports in guardianship proceedings by advanced registered nurse practitioners.

Referred to Committee on Health and Long-Term Care.

HB 1943 by Representatives Mulliken, Grant, G. Chandler and Dunshee

Expanding purposes of county rail districts.

Referred to Committee on State and Local Government.

HB 1951 by Representatives Clements, B. Chandler, G. Chandler, Lisk and Mulliken

Allowing restaurants and private clubs to sell wine for off-premises consumption.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1952 by Representatives Ballasiotes and O'Brien

Revising registration requirements for transient sex offenders and kidnapping offenders.

Referred to Committee on Human Services and Corrections.

SHB 1971 by House Committee on Education (originally sponsored by Representatives Quall and Talcott)

Allowing certified real estate appraisers to appraise school district property.

Referred to Committee on Education.

HB 2011 by Representatives Campbell, Darneille, Bush, Lantz and Cody

Clarifying licensing for public psychiatric facilities.

Referred to Committee on Health and Long-Term Care.

HB 2037 by Representative G. Chandler

Changing provisions relating to the administration of irrigation districts.

Referred to Committee on Agriculture and International Trade.

SHB 2041 by House Committee on Health Care (originally sponsored by Representatives Edmonds, Skinner, Ogden and Kenney)

Providing for resident protection standards in boarding homes and adult family homes.

Referred to Committee on Health and Long-Term Care.

SHB 2046 by House Committee on Judiciary (originally sponsored by Representatives Haigh, Lantz, Sump, Reardon, Dunn and Barlean)

Validating trusts created for the benefit of nonhuman animals.

Referred to Committee on Judiciary.

HB 2095 by Representatives Dunshee and Mulliken

Changing reporting requirements for architectural and engineering firms.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 2096 by Representatives Dunshee, Mulliken, Santos and Schual-Berke

Authorizing water-sewer districts to engage in general fund-raising for programs for low-income customers.

Referred to Committee on State and Local Government.

HJM 4002 by Representatives Veloria, Campbell, Cody, Pennington, Cox, Kessler, Woods, Kenney, Romero, Bush, Keiser, Schoesler, Armstrong, Clements, Delvin, Santos, McIntire, O'Brien, D. Schmidt, Tokuda, Haigh, Edwards, Darneille, Schual-Berke and Talcott

Asking that the federal government provide veterans' benefits owed to Filipino veterans.

Referred to Committee on State and Local Government.

SHCR 4401 by House Committee on Natural Resources (originally sponsored by Representatives Rockefeller, Woods, Hunt and Lantz)

Creating a joint select committee on the disposal of derelict vessels.

Referred to Committee on Environment, Energy and Water.

MOTION

On motion of Senator Betti Sheldon, House Bill No. 2037 was referred to the Committee on Agriculture and International Trade.

PERSONAL PRIVILEGE

Senator Rasmussen: “I rise to a point of personal privilege, Mr. President. The Youth 4-H and Government group is out at the West Coast Hotel. Ordinarily, they are here on campus with us, but they would like for you to all come out to their reception this evening between five and six o’clock. Also, don’t forget that they have a breakfast tomorrow morning. This is our 4-H Youth Group. I am sure they would be very happy to see all of their Senators and Representatives.”

MOTION

At 3:55 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 6:00 p.m.

The Senate was called to order at 6:00 p.m. by President Owen.

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Horn gave notice that he would moved to reconsider the vote by which Substitute Senate Bill No. 5240 passed the Senate earlier today.

MOTION

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

MOTION

On motion of Senator Eide, Senator Patterson was excused.

SECOND READING

SENATE BILL NO. 5647, by Senators Regala, Thibaudeau, Jacobsen, Eide, Rasmussen, Fraser, Kohl-Welles, Hale, Winsley, Fairley, Shin, Prentice, Patterson, Constantine, Franklin, Costa, Kastama, McAuliffe, Kline, Haugen and Oke (by request of Governor Locke)

Requiring new energy efficiency measures.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 5647 was substituted for Senate Bill No. 5647 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 5647 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5647.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5647 and the bill passed the Senate by the following vote: 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Patterson - 1.

SUBSTITUTE SENATE BILL NO. 5647, 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. 6107, by Senators Fraser and Morton

Extending the applicability of provisions relating to geothermal energy.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6107 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6107.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6107 and the bill passed the Senate by the following vote: (vote Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Patterson - 1.

SENATE BILL NO. 6107, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8012, by Senators Fraser, Morton, Regala, McDonald, Honeyford, Patterson, Rasmussen, Hale, Winsley, Oke and Kohl-Welles

Requesting a reduction of wholesale energy costs.

The joint memorial was read the second time.

MOTIONS

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

On page 3, after line 3, insert "BE IT FURTHER RESOLVED, That the new administration commit to allowing Western states to work out the energy supply needs of the region through existing working relationships, and that no additional orders instructing all surplus power be sold to California be made; and"

Renumber the sections consecutively and correct any internal references accordingly.

On motion of Senator Fraser, the rules were suspended, Engrossed Senate Joint Memorial No. 8012 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Joint Memorial No. 8012.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8012 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Patterson - 1.

ENGROSSED SENATE JOINT MEMORIAL NO. 8012, having received the constitutional majority, was declared passed.

SECOND READING

SENATE JOINT MEMORIAL NO. 8015, by Senators Finkbeiner, T. Sheldon, Kline, Sheahan, Morton, Rossi, Oke, Rasmussen and Fraser

Requesting California to require rate increases to guarantee payment for surplus power it receives from Washington state.

MOTIONS

On motion of Senator Finkbeiner, Substitute Senate Joint Memorial No. 8015 was substituted for Senate Joint Memorial No. 8015 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Finkbeiner, the rules were suspended, Substitute Senate Joint Memorial No. 8015 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8015.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8015 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8015, having received the constitutional majority, was declared passed.

MOTION

Senator Sheahan moved that the Senate advance to the ninth order of business.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan to advance to the ninth order of business.

ROLL CALL

The Secretary called the roll and the motion by Senator Sheahan to advance to the ninth order of business carried by the following vote:

Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.

Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 24.

MOTION

Senator Sheahan moved that the Committee on Rules be relieved of Senate Bill No. 5882.

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

The President declared the question before the Senate to be the roll call on the motion by Senator Sheahan to relieve the Committee on Rules of Senate Bill No. 5882.

ROLL CALL

The Secretary called the roll and the motion by Senator Sheahan to relieve the Committee on Rules of Senate Bill No. 5882 carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

MOTION

Senator Sheahan moved that the Senate immediately consider Senate Bill No. 5882.

The President declared the question before the Senate to be the motion by Senator Sheahan to immediately consider Senate Bill No. 5882.

The motion by Senator Sheahan carried and the Senate will immediately consider Senate Bill No. 5882.

MOTION

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

MOTION

Senator Snyder moved that the Senate defer further consideration of Senate Bill No. 5882 until the members had copies of the bill and the amendments on their desks.

MOTION

Senator West moved that the Senate recess until 7:15 p.m. to allow the members to look at Senate Bill No. 5882 and the amendments.

Debate ensued.

MOTION FOR SPECIAL ORDER OF BUSINESS

On motion of Senator West, Senate Bill No. 5882 was made a special order of business for 7:30 p.m..

SECOND READING

SENATE BILL NO. 5820, by Senators Kastama, Hale, Fraser, Fairley, Regala, Kohl-Welles, Swecker, Prentice, Hewitt, McAuliffe, Constantine, Eide, T. Sheldon, Johnson, McCaslin, Patterson, Thibaudeau, Snyder, Oke, Horn, Deccio, Rasmussen, Winsley, Hargrove, Benton, Honeyford, Rossi, B. Sheldon, Carlson, Shin, McDonald, Kline, Haugen, Sheahan, Costa, Zarelli, Roach, West, Hochstatter, Jacobsen, Long, Morton, Spanel, Parlette, Franklin and Stevens

Providing assistance to treat breast and cervical cancer.

MOTIONS

On motion of Senator Kastama, Second Substitute Senate Bill No. 5820 was substituted for Senate Bill No. 5820 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Kastama, the rules were suspended, Second Substitute Senate Bill No. 5820 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5820.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5820 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SECOND SUBSTITUTE SENATE BILL NO. 5820, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Oke, Senator Morton was excused.

SECOND READING

SENATE BILL NO. 5606, by Senators Kohl-Welles and Long (by request of Department of Social and Health Services)

Regarding background checks.

MOTIONS

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

Senator Zarelli moved that the following amendment by Senators Zarelli, Kohl-Welles and Hargrove be adopted:

On page 2, after line 20, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

"The state school for the deaf and the state school for the blind shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee who will have regularly scheduled unsupervised access to children. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting school shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the school may waive the requirement.

NEW SECTION. Sec. 4. A new section is added to chapter 72.40 RCW to read as follows:

The state school for the deaf and the state school for the blind may adopt rules to implement this act."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Zarelli, Kohl-Welles and Hargrove on page 2, after line 20, to Substitute Senate Bill No. 5606.

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

MOTIONS

On motion of Senator Kohl-Wells, the following title amendments were considered simultaneously and were adopted:

On page 1, on line 1 of the title, after "for", strike "department of social and health services'"

On page 1, after line 5 of the title insert "adding new sections to chapter 72.40 RCW;"

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 5606 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5606.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5606 and the bill passed the Senate by the following vote: 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Excused: Senator Morton - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5606, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 5621, by Senators Rasmussen, Sheahan, Shin, Roach, Constantine, Patterson, Prentice, Thibaudeau and Kohl-Welles

Allowing certain health practitioners specializing in the treatment of animals to operate independently of veterinarians.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5621 was substituted for Senate Bill No. 5621 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5621 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. 5621.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5621 and the bill passed the Senate by the following vote: 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators, Carlson, Constantine, Costa, Deccio, Eide, Fairley,, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

Voting nay: Senator Benton - 1.

Absent: Senator Finkbeiner - 1

SUBSTITUTE SENATE BILL NO. 5621, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Oke, Senator Morton was excused.

SECOND READING

SENATE BILL NO. 5902, by Senators Rasmussen, Sheahan, Hochstatter and Snyder

Regulating agricultural commodity commissions.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5902 was substituted for Senate Bill No. 5902 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5902 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. 5902.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5902 and the bill passed the Senate by the following vote: 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

` Absent: Senator Patterson - 1

Excused: Senator Morton - 1

SUBSTITUTE SENATE BILL NO. 5902, 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.

POINT OF ORDER

Senator West: “Mr. President, it is now 7:30 p.m. and time for the special order of business to consider Senate Bill No. 5882.”

SPECIAL ORDER OF BUSINESS

SECOND READING

SENATE BILL NO. 5882, by Senators T. Sheldon, Hale, Hewitt, Hargrove, Rasmussen, Honeyford, Carlson, Haugen, Shin, Hochstatter, Horn, Stevens, Zarelli, Oke, Deccio, McCaslin, West, Long, Swecker, Sheahan, McDonald, Johnson, Rossi, Morton and Parlette

Safety and health rules related to musculoskeletal disorders.

The bill was read the second time.

MOTION

Senator Winsley moved that the following striking amendment by Senators Winsley and Rasmussen be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to expedite the minimization of the risk of employees incurring musculoskeletal disorders. The legislature recognizes that prior to the adoption of the state's ergonomics rule, musculoskeletal disorder injuries were reduced more than twenty-eight percent over a seven-year period through voluntary efforts by employers and employees, and that more research, information, and education on reducing musculoskeletal disorders will greatly facilitate further reduction of these disorders. The legislature recognizes that both employers and employees have a number of existing incentives, both monetary and nonmonetary, to reduce musculoskeletal disorders, but that most employers and employees are not informed about what practices, products, and equipment are known to reduce these disorders. The legislature recognizes the wide diversity in cost estimates to comply with the state's rules, and the need to carefully analyze the costs to comply with the rules by employers and government agencies and the need to determine how to maximize reduction of musculoskeletal disorders in the most cost-effective way. The legislature further recognizes that there are many questions and concerns about implementation of the state's rules. Therefore, the legislature wishes to accelerate ergonomics awareness education. The legislature also wants to ensure that pilot demonstration projects for various industries, as contained in the department's implementation plan for the agency's rules to reduce musculoskeletal disorder, are carried out for key industries; that alternative musculoskeletal disorder reduction techniques can be tried; that certain information is obtained from all projects; and that the projects are initiated and completed so information to reduce injuries can be distributed as soon as possible, and the legislature and all interested parties can review the results of the projects. The legislature also wishes to have the joint legislative audit and review committee review the rules adopted by the department of labor and industries, and the results of the pilot demonstration projects, and make recommendations regarding the rules, alternatives to the rules, and the need for implementation.

NEW SECTION. Sec. 2. A new section is added to chapter 49.17 RCW to read as follows:

(1) The legislature directs the department to accelerate the dissemination of ergonomics awareness education to employers and employees to the maximum extent possible within existing resources. The department shall make any necessary adjustments to the use of their resources to produce musculoskeletal disorder prevention and awareness education for employers and employees that is written, on-line, or available through other media, as determined to be cost-effective by the department, at the earliest date possible for use on a voluntary basis. The department shall obtain input from employers and employees from large and small businesses and units of government in preparing these materials.

(2) The department shall carry out comprehensive pilot demonstration projects on the technological and economic feasibility of implementing the rules adopted on May 26, 2000, by the director of the department of labor and industries and codified as WAC 296-62-05101 through 296-62-05176. The department shall, at the earliest date possible and within existing resources, establish pilot demonstration projects for industries first required to come into compliance with the rule. Demonstration projects for each of these industries shall include at least five employers with twenty-five or fewer employees, five employers with twenty-five to fifty employees, and five employers with over fifty employees, who volunteer to participate and who shall not be subject to any enforcement action as a result of the project. The department may establish more than one pilot demonstration project for each industry as it deems necessary. The pilot demonstration projects for these industries shall be completed, to the maximum extent possible, by July 1, 2003. The goal of each pilot demonstration project shall be:

(a) To test the implementation of the rule as adopted and based on a set of draft practices agreed to by the participants with the advice of the department, and to report at a minimum on the following:

(i) The cost of implementation including but not limited to monetary expenditures, both direct and indirect, and time for participating employers;

(ii) The ease of implementation and any implementation problems participants identify;

(iii) Any recommendations participants have to modify the rule;

(iv) The cost to the department to provide necessary technical assistance to employers to assist participants to implement the rule; and

(v) The effectiveness of the rule in reducing musculoskeletal disorders; and

(b) The results of allowing some participants, if they choose, to test alternatives to the rule in an effort to reduce musculoskeletal disorders and to provide the following information on each alternative tried:

(i) A clear description of the alternative;

(ii) The cost of implementation including but not limited to monetary expenditures, both direct and indirect, and time for participating employers;

(iii) The ease of implementation and any implementation problems participants identify;

(iv) Any recommendations participants have to modify the alternative;

(v) The cost to the department to provide necessary technical assistance to employers to assist them in implementing the alternative; and

(vi) The effectiveness of the alternative in reducing musculoskeletal disorders.

(3) To the extent possible within existing resources, the department of labor and industries shall provide periodic information to the industries identified in subsection (2) of this section and any other industries deemed appropriate by the department on practices, equipment, and products that have been identified by the department as being effective in reducing musculoskeletal disorders.

(4) This section expires June 30, 2004.

NEW SECTION. Sec. 3. A new section is added to chapter 44.28 RCW to read as follows:

The joint legislative audit and review committee shall conduct a review of the rule as adopted and the results of all demonstration projects arranged by the department to assess and make recommendations, including but not limited to:

(1) Review of the literature regarding the scientific justification for the rules, the expectation that the rules will reduce musculoskeletal disorders, and the degree to which the rules would reduce injury;

(2) The accuracy of the cost-benefit analyses prepared for the department rule;

(3) The ease of understanding and complying with the rule, identification of ambiguities and difficulties encountered during the demonstration projects to implement the rule, and recommendations to maximize understanding and minimize ambiguities and confusion for employers in complying with the rule;

(4) Ease of implementation of the rule based on the results of the pilot projects and recommendations on how to facilitate easier implementation and reduce costs while maintaining or increasing the reduction of musculoskeletal disorders;

(5) Results of any demonstration projects using alternative methods to reduce musculoskeletal disorders and the cost-effectiveness of each of the alternatives;

(6) Expected musculoskeletal disorder reductions as a result of the rule and any alternatives to the rule that were the subject of a demonstration project;

(7) Costs to comply with the rule and any alternative methods to reduce musculoskeletal disorders, based on the result of the demonstration projects; and

(8) Any other analysis, finding, or recommendation the committee deems useful in assessing effectiveness in reducing musculoskeletal disorders.

The committee shall report its finding by January 1st of each calendar year and shall issue a complete report by January 1, 2004.

Funding for this program will be taken from the reserves of the medical aid fund that are in excess of actuarial needs.

This section expires June 30, 2004.

NEW SECTION. Sec. 4. A new section is added to chapter 49.17 RCW to read as follows:

The department may adopt rules regarding the prevention of musculoskeletal disorders, also known as ergonomics rules, however, such rules shall provide for implementation no earlier than:

(1) July 1, 2005, for all employers in Standard Industrial Classification codes 078, 152, 174, 175, 176, 177, 242, 421, 451, 541, 805, and 836 who employ fifty or more annual full-time equivalents in Washington state, and for the Washington state department of labor and industries;

(2) July 1, 2006, for the remaining employers in Standard Industrial Classification codes 078, 152, 174, 175, 176, 177, 242, 421, 451, 541, 805, and 836, and all other employers who employ fifty or more annual full-time equivalents in Washington state;

(3) July 1, 2007, for all other employers employing eleven to forty-nine annual full-time equivalents in Washington state; and

(4) July 1, 2008, for all other employers employing ten or fewer annual full-time equivalents in Washington state.

NEW SECTION. Sec. 5. (1) The director, in consultation with the WISHA advisory committee, shall establish a program to provide safety and health impact grants to prevent injuries and illnesses, save lives, and educate Washington employees and employers about work place hazards and safe work place practices. The intent of sections 5 through 11 of this act is to benefit, in the broadest sense possible, Washington workers and employers, especially those who are in small business and may lack the injury and illness prevention resources that larger companies may possess. The department may use appropriated industrial insurance funds to accomplish the purpose of sections 5 through 11 of this act. Funding for this program will be taken from the reserves of the medical aid fund that are in excess of actuarial needs.

(2) Using a competitive application process, the department shall award up to five million dollars per year in safety and health impact grants to trade associations, business associations, employers, employee organizations, labor unions, and groups of employees. The grants may include: (a) Education and training grants to implement safety and health and to provide practical information, curricula, materials, and methods intended for use by employers and employees in reducing work place hazards; (b) technical innovation grants to develop engineering and other technical solutions to injury and illness problems; or (c) best practice grants for the application of hazard control. The department shall attempt to ensure that best practice grants, in particular, are adequately represented in the final awarding of grants. In addition, the department shall make reasonable efforts to ensure that not less than twenty percent of the grant funds are used to assist small employers and employees in small businesses to improve safety and health in small firms.

(3) Applicants for grants may form partnerships with educational institutions and other organizations. Applicants for grants may form partnerships with self-insured employers if the product of the grant will significantly benefit employees and employers who belong to the state industrial insurance fund.

(4) Any materials, designs, or equipment developed under these grants will be in the public domain and shall not be copyrighted or patented. Any materials or designs developed under these grants shall be provided to the department at no charge as a condition of grant receipt.

(5) Grants shall not be used to support or develop specific legislative or regulatory initiatives.

(6) The department shall not use information contained in a grant application for inspection activity or to establish a recognized hazard for enforcement or citation purposes. The department shall not use the results of a grant to establish that the grantee is subject to citation or penalty for violation of a safety and health rule.

(7) All grants shall contain an accountability component that shall evaluate the impact on work place safety with results that are reported back to the safety and health impact grant review committee. The department shall cooperate in providing available data required to assist the grant recipients in measuring the impact.

(8) In order to encourage the broadest level of participation, no grant application shall be approved that proposes work that cannot be completed during the current application year or biennium. Applicants that seek additional funding in subsequent years will be eligible to submit new applications only if they have successfully completed the work for which they were previously funded, and these new applications will compete with all other applicants.

NEW SECTION. Sec. 6. (1) The director shall appoint a safety and health impact grant review committee that will be a subcommittee of the WISHA advisory committee. The review committee is composed of nine members: Four members representing employees, each appointed from a list of at least three names per position, submitted by recognized statewide organizations of employees; four members representing employers, each appointed from a list of at least three names per position, submitted by recognized statewide organizations of employers; and one ex officio member, without a vote, who shall represent the department. The committee chair shall be chosen by the review committee and shall alternate between business and labor. The committee members shall serve three-year renewable terms.

(2) Business and labor members of the safety and health impact grant review committee are entitled to expenses as provided under RCW 43.03.050 and 43.03.060.

(3) The safety and health impact grant review committee shall:

(a) Prepare requests for proposals which shall include specific criteria and the weight to be given to each of the criteria in awarding grants;

(b) Receive, review, and process grant applications;

(c) Identify, by two-thirds majority vote, grant applications that merit funding and forward those applications to the director;

(d) Identify, by two-thirds majority vote, funded grants that meet criteria for suspension or revocation and forward those grants to the director; and

(e) Provide written notification to those grant applicants that do not merit funding explaining the reasons for denial.

NEW SECTION. Sec. 7. (1) The safety and health impact grant review committee, in cooperation with the director, shall develop grant application procedures and approval criteria. The director shall ensure the proper administrative support to successfully monitor grant recipients for compliance with grant criteria and all other procedures under the grant program. The director in cooperation with the safety and health impact grant review committee shall implement procedures and criteria for grant approval, including procedures for suspension or revocation of grants to recipients failing to comply with grant criteria established under the authority of this section.

(2) The director shall approve only those grant applications and their recommended acceptance conditions as forwarded by the safety and health impact grant review committee, unless the director has a compelling and substantive reason to reject an application, whereupon the director shall provide written explanation for the denial to the review committee. The safety and health impact grant review committee shall review any grant applications rejected by the director and may advise the director to reconsider. The director shall consider the advice, if given, and shall approve the grant application with any conditions presented by the safety and health impact grant review committee. The director may reject that advice only for a compelling and substantive reason. If the director rejects that advice, the safety and health impact grant review committee may refer the application to the WISHA advisory committee. The WISHA advisory committee shall review the application and may advise the director to reconsider.

(3) The director may revoke or suspend an issued grant if advised by the safety and health impact grant review committee that the recipient is not in compliance with grant criteria or procedures. The director may suspend an issued grant without the advice of the safety and health impact grant review committee only for a compelling and substantive reason and the suspension recommendation shall be presented to the safety and health impact grant review committee for its consideration.

NEW SECTION. Sec. 8. For purposes of the 2001-2003 time frame, the director shall approve one grant application of up to one million dollars per year, and its recommended acceptance conditions as forwarded by the safety and health impact grant review committee, that is selected by the employee representatives of the review committee, unless the director has a compelling and substantive reason to reject the application, whereupon the director shall provide written explanation for the denial to the review committee. This grant shall be above and beyond the funding authorized in section 5(2) of this act. The entire review committee, by the normal two-thirds vote, shall forward such a grant proposal if the grant meets all other criteria and accountability requirements. The specified time frame in this section shall be determinative for meeting the grant duration requirements in section 5(8) of this act.

NEW SECTION. Sec. 9. The department and the safety and health impact grant review committee will present an annual review regarding the activities of the safety and health impact grant program to the WISHA advisory committee, the workers' compensation advisory committee, and make it available to the appropriate standing committees of the legislature. Based on a recommendation of the WISHA advisory committee, the workers' compensation advisory committee shall make a biennial recommendation to the director concerning an appropriate budget for the program and the maximum amount of individual grant awards.

NEW SECTION. Sec. 10. The director and representatives from the WISHA advisory committee shall perform a comprehensive review of the grant program which shall include, but not be limited to, reported outcomes, injury reduction, and safety awareness and shall issue a report to the legislature by December 31, 2004.

NEW SECTION. Sec. 11. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2005:

(1) Section 5 of this act;

(2) Section 6 of this act;

(3) Section 7 of this act;

(4) Section 8 of this act;

(5) Section 9 of this act; and

(6) Section 10 of this act.

NEW SECTION. Sec. 12. Sections 5 through 11 of this act are each added to chapter 49.17 RCW.

NEW SECTION. Sec. 13. Sections 1 through 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."

MOTION

Senator Prentice moved that the following amendment to the striking amendment by Senators Winsley and Rasmussen be adopted:

On page 9, after line 27, insert the following:

"NEW SECTION. Sec. 14. If specific funding for the purposes of this act, referencing this act by bill number or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

Further debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Prentice on page 9, after line 27, to the striking amendment by Senators Winsley and Rasmussen to Senate Bill No. 5882.

ROLL CALL

The Secretary called the roll and the amendment to the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 22.

Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Winsley and Rasmussen to Senate Bill No. 5882.

Senator Betti Sheldon demanded a roll call and the demand was sustained.

Debate ensued.

The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Winsley and Rasmussen to Senate Bill No. 5882.

ROLL CALL

The Secretary called the roll and the striking amendment was adopted by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.

Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 22.

MOTION

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

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "occupational safety and health; adding new sections to chapter 49.17 RCW; adding a new section to chapter 44.28 RCW; creating a new section; providing expiration dates; and declaring an emergency."

MOTION

On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Senate Bill No. 5882 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 pass of Engrossed Senate Bill No. 5882.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5882 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 28.

Voting nay: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 21.

ENGROSSED SENATE BILL NO. 5882, 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 Sheahan, Engrossed Senate Bill No. 5882 was immediately transmitted to the House of Representatives.

SECOND READING

SENATE JOINT MEMORIAL NO. 8019, by Senators Rasmussen, Parlette, Spanel and Oke

Petitioning the secretary of agriculture to review certain policies of the conservation reserve enhancement program.

The joint memorial was read the second time.

MOTION

On motion of Senator Rasmussen, the rules were suspended, Senate Joint Memorial No. 8019 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8019.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8019 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Absent: Senators Deccio, McCaslin and McDonald - 3.

SENATE JOINT MEMORIAL NO. 8019, having received the constitutional majority, was declared passed.

MOTION

On motion of Senator Eide, Senator Kline was excused.

SECOND READING

SENATE BILL NO. 5497, by Senators Rasmussen, Swecker and Haugen

Excluding farm and agricultural land from forest land under the forest practices act.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5497 was substituted for Senate Bill No. 5497 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5497 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5497.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5497 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 2; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 38.

Voting nay: Senators Costa, Eide, Fairley, Franklin, Jacobsen, Kohl-Welles, Regala and Thibaudeau - 8.

Absent: Senators Deccio and McCaslin - 2.

Excused: Senator Kline - 1.

SUBSTITUTE SENATE BILL NO. 5497, 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 Hewitt, Senators Deccio and McCaslin were excused.

SECOND READING

SENATE BILL NO. 5433, by Senators Regala, Winsley and Thibaudeau

Providing for establishment of parent and child relationship for children born through assisted conception.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 5433 was substituted for Senate Bill No. 5433 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 5433 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. 5433.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5433 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Kline and McCaslin - 3.

SUBSTITUTE SENATE BILL NO. 5433, 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. 5061, by Senators Winsley and Patterson

Awarding contracts for building engineering systems.

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5061 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5061.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5061 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Deccio and McCaslin - 2.

SENATE BILL NO. 5061, 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 Hargrove was excused.

SECOND READING

SENATE BILL NO. 6020, by Senators Thibaudeau, Deccio and Costa

Addressing access to dental care.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 6020 was substituted for Senate Bill No. 6020 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6020 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6020.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6020 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Deccio and McCaslin - 2.

SUBSTITUTE SENATE BILL NO. 6020, 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 Johnson was excused

SECOND READING

SENATE BILL NO. 5284, by Senators Franklin, Winsley and Kohl-Welles

Requiring informed consent before a person's DNA is used for genetic testing.

MOTIONS

On motion of Senator Franklin, Substitute Senate Bill No. 5284 was substituted for Senate Bill No. 5284 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 5284 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. 5284.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5284 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Johnson and McCaslin - 3.

SUBSTITUTE SENATE BILL NO. 5284, 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. 5878, by Senators Oke and Haugen

Revising procedures for setting garbage truck load limits.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5878 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5878.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5878 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Absent: Senator Finkbeiner - 1.

Excused: Senators Deccio and McCaslin - 2.

SENATE BILL NO. 5878, 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. 5478, by Senators Franklin, Winsley, Prentice, Shin, Costa, Eide, T. Sheldon, Fairley, Jacobsen, Thibaudeau, B. Sheldon, Regala, Kline, Kohl-Welles, Spanel, McAuliffe, Fraser and Snyder

Reducing childhood lead exposure.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5478 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5478.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5478 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Deccio and McCaslin - 2.

SENATE BILL NO. 5478, 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. 5695, by Senators Eide, Finkbeiner, McAuliffe, Franklin, Hewitt, Rasmussen, Johnson, Shin, Patterson, Oke, Winsley and Kohl-Welles (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

Creating alternative routes to teacher certification.

MOTIONS

On motion of Senator Eide, Second Substitute Senate Bill No. 5695 was substituted for Senate Bill No. 5695 and the second substitute bill was placed on second reading and read the second time.

Senator Hochstatter moved that the following amendments by Senators Hochstatter and Stevens be considered simultaneously and be adopted:

On page 1, line 7, after "schools" insert ", but are not necessarily the most important indicators of effective principals"

On page 6, after line 35, insert the following:

"Sec. 9. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended to read as follows:

School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid ((teacher and)) administrative certificates and may hold teacher certificates when employed primarily as a school principal or vice principal. In addition to such other duties as shall be prescribed by law and by the job description adopted by the board of directors, each principal shall:

(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.

(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.

(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.

(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible."

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

Debate ensued.

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

MOTION

Senator Finkbeiner moved that the following amendment by Senators Finkbeiner, McAuliffe and Eide be adopted:

On page 5, line 7, after "location." insert the following:

"Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship, followed, if necessary, by a second summer teaching academy."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Finkbeiner on page 5, line 7, to Second Substitute Senate Bill No. 5695.

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

MOTION

On motion of Senator Eide, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5695 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5695.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5695 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Deccio and McCaslin - 2.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5695, 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 Hochstatter was excused.

SECOND READING

SENATE BILL NO. 5795, by Senators Thibaudeau, Deccio, Fairley, Costa and Prentice

Providing for determination of disability for special parking privileges by advanced registered nurse practitioners.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5795 was substituted for Senate Bill No. 5795 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5795 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. 5795.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5795 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Deccio, Hochstatter and McCaslin - 3.

SUBSTITUTE SENATE BILL NO. 5695, 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. 6053, by Senators Shin, Oke and Haugen

Extending State Route No. 526.

MOTIONS

On motion of Senator Shin, Substitute Senate Bill No. 6053 was substituted for Senate Bill No. 6053 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 6053 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5795.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5795 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Deccio, Hochstatter and McCaslin - 3.

SUBSTITUTE SENATE BILL NO. 6053, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 9:25 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Tuesday, March 13, 2001.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate