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SIXTY-SIXTH DAY

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MORNING SESSION

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Senate Chamber, Cherberg Building, Olympia, Wednesday, March 14, 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 Brown, Hale, Haugen, Hewitt, Hochstatter, Honeyford, McDonald, Morton, Parlette, Patterson, Rasmussen and West. On motion of Senator Swecker, Senators Hale, Hewitt, Hochstatter, Honeyford, McDonald, Morton, Parlette and West were excused. On motion of Senator Eide, Senators Brown, Haugen, Patterson and Rasmussen were excused.

The Sergeant at Arms Color Guard, consisting of Pages Joel Braley and Kaitlin Kerwin, 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. 5494, by Senators Jacobsen and McAuliffe

Clarifying noise laws for motor vehicles.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 5494 was substituted for Senate Bill No. 5494 and the substitute bill was placed on second reading and read the second time.

Debate ensued.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5494 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. 5494.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5494 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.

Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 37.

Excused: Senators Brown, Hale, Haugen, Hewitt, Hochstatter, Honeyford, McDonald, Morton, Parlette, Patterson, Rasmussen and West - 12.

SUBSTITUTE SENATE BILL NO. 5494, 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. 5970, by Senator Hargrove

Revising provisions for probation orders.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 5970 was substituted for Senate Bill No. 5970 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 34, after "46.20.720." insert "Any time before entering an order terminating probation, the court may modify or revoke its order suspending or deferring the imposition or execution of the sentence."

MOTION

On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5970 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. 5970.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5970 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, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

Excused: Senators Brown, Hale, McDonald, Parlette and Rasmussen - 5.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5970, 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. 6055, by Senators Long, Hargrove and Stevens

Evaluating children within the foster care agency caseload.

MOTIONS

On motion of Senator Long, Substitute Senate Bill No. 6055 was substituted for Senate Bill No. 6055 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. 6055 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. 6055.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6055 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, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, 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 - 47.

Excused: Senators Hale and McDonald - 2.

SUBSTITUTE SENATE BILL NO. 6055, 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 Brown was excused.

SECOND READING

SENATE JOINT MEMORIAL NO. 8016, by Senators Shin, Rasmussen and Sheahan

Emphasizing free and fair trade of nonanadromous aquaculture products between the United States and Canada.

The joint memorial was read the second time.

MOTION

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

Beginning on page 1, after line 7, strike all material through "Washington." on page 2, line 12 and insert the following:

"WHEREAS, The aquaculture industry in Washington state produces high-quality, pathogen-free, nonanadromous aquacultural products for sale to public agencies and private companies throughout the world; and

WHEREAS, Washington state's aquaculture industry employs hundreds of people in well-paying, technical positions located in many rural communities throughout the state, generating forty million dollars worth of products; and

WHEREAS, Canadian fish farmers have expressed the desire to purchase high-quality nonanadromous aquacultural products from Washington state producers; and

WHEREAS, Many fish farmers in the United States currently purchase nonanadromous aquacultural products from Canada; and

WHEREAS, Increased freedom to engage in the commercial trade of nonanadromous aquacultural products between the United States and Canada will only help our two nations grow more prosperous;

NOW, THEREFORE, Your Memorialists respectfully pray that the government of the United States emphasize the importance of the free and fair trade of nonanadromous aquacultural products in its relations with the government of Canada.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington."

MOTION

On motion of Senator Shin, the rules were suspended, Engrossed Senate Joint Memorial No. 8016 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. 8016.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Joint Memorial No. 8016 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, 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 - 46.

Excused: Senators Brown, Hale and McDonald - 3.

ENGROSSED SENATE JOINT MEMORIAL NO. 8016, having received the constitutional majority, was declared passed..

SECOND READING

SENATE BILL NO. 5986, by Senators Franklin, Kastama, Long, Regala and Hargrove

Clarifying licensing for public psychiatric facilities.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5986 was substituted for Senate Bill No. 5986 and the substitute senate was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5986 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5986.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5986 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Benton, 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 - 46.

Voting nay: Senators Deccio and McCaslin - 2.

Excused: Senator Brown - 1.

SUBSTITUTE SENATE BILL NO. 5986, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Johnson, Senator West was excused.

SECOND READING

SENATE BILL NO. 5862, by Senators T. Sheldon, Oke and Jacobsen (by request of Department of Natural Resources)

Streamlining the process of selling valuable materials from state lands.

MOTIONS

On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5862 was substituted for Senate Bill No. 5862 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. 5862 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. 5862.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5862 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, 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, Winsley and Zarelli - 47.

Excused: Senators Brown and West - 2.

SUBSTITUTE SENATE BILL NO. 5862, 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. 5906, by Senators Rasmussen, Finkbeiner, McAuliffe, Eide, Regala, Kastama, Hewitt, Hochstatter and Kohl-Welles

Creating the technology in education task force.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 5906 was substituted for Senate Bill No. 5906 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. 5906 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. 5906.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5906 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, 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 - 47.

Absent: Senator Hargrove - 1.

Excused: Senator Brown - 1.

SUBSTITUTE SENATE BILL NO. 5906, 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. 8000, by Senators Jacobsen and Oke

Requesting the appointment of a federal multiagency contact person for Columbia River salmon and trout recovery.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Joint Memorial No. 8000 was substituted for Senate Joint Memorial No. 8000 and the substitute joint memorial was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Joint Memorial No. 8000 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 Substitute Senate Joint Memorial No. 8000.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8000 and the joint memorial passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Brown - 1.

SUBSTITUTE SENATE JOINT MEMORIAL NO. 8000, having received the constitutional majority, was declared passed.

SECOND READING

SENATE JOINT MEMORIAL NO. 8006, by Senators Jacobsen, Swecker and Parlette

Requesting fish passage modifications be made to the Leavenworth National Fish Hatchery.

The joint memorial was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Senate Joint Memorial No. 8006 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8006.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8006 and the joint memorial 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 JOINT MEMORIAL NO. 8006, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5488, by Senators Haugen, Benton, T. Sheldon and Winsley

Changing provisions relating to special license plates.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5488 was substituted for Senate Bill No. 5488 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5488 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. 5488.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5488 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5488, 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 9:43 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 11:15 a.m. by President Owen.

MOTION

On motion of Senator Hewitt, Senator Finkbeiner was excused.

SECOND READING

SENATE BILL NO. 5972, by Senator Hargrove (by request of Department of Social and Health Services)

Releasing juvenile offenders.

The bill was read the second time.

MOTION

On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5972 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. 5972.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5972 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. 5972, 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. 5147, by Senators Winsley, Carlson, Long, Franklin, Honeyford and Fraser (by request of Joint Committee on Pension Policy)

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

The bill was read the second time.

MOTION

On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5147 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. 5147.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5147 and the bill passed the Senate by the following vote:

Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5147, 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. 6098, by Senators Constantine, Brown, Prentice, Costa, Spanel, Kline, Carlson, Franklin and Kohl-Welles

Creating a committee to study Washington's tax structure.

MOTIONS

On motion of Senator Constantine, Substitute Senate Bill No. 6098 was substituted for Senate Bill No. 6098 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Constantine, the rules were suspended, Substitute Senate Bill No. 6098 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

Senators Snyder, Prentice and Haugen 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.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6098.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6098 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

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

Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Roach, Stevens, Swecker and West - 13.

SUBSTITUTE SENATE BILL NO. 6098, 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. 5903, by Senators Winsley, Franklin, Costa and Thibaudeau

Changing physician license fees.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5903 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. 5903.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5903 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, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 44.

Voting nay: Senators Benton, Roach, Sheldon, T., Stevens and Zarelli - 5.

SENATE BILL NO. 5903, 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. 5264, by Senators Prentice, Fraser, Patterson, Costa, Shin, Kline, Kohl-Welles, Constantine, Jacobsen, Winsley and Gardner

Prohibiting public employers from firing employees to avoid providing benefits.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5264 was substituted for Senate Bill No. 5264 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 12, after "contractors" insert "or enrolled students who receive employment as student employees or as part of their education or financial aid"

MOTION

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5264 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. 5264.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5264 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

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

Voting nay: Senators Carlson, Deccio, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 20.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5264, 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. 5308, by Senators Constantine and McCaslin (by request of Office of the Code Reviser)

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

The bill was read the second time.

MOTION

On motion of Senator Constantine, the rules were suspended, Senate Bill No. 5308 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. 5308.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5308 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators 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, 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.

Voting nay: Senators Benton and Deccio - 2.

SENATE BILL NO. 5308, 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, Senator Johnson was excused.

SECOND READING

SENATE BILL NO. 5988, by Senators Snyder, McDonald, Spanel, Winsley, Prentice and Jacobsen (by request of State Investment Board)

Establishing compensation levels for certain employees of the state investment board.

MOTIONS

On motion of Senator Snyder, Substitute Senate Bill No. 5988 was substituted for Senate Bill No. 5988 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 5988 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. 5988.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5988 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, 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 Johnson - 1.

SUBSTITUTE SENATE BILL NO. 5988, 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. 5940, by Senators Regala, McAuliffe, Carlson, Kohl-Welles, Eide, Kastama, Rasmussen and Finkbeiner (by request of Superintendent of Public Instruction Bergeson)

Strengthening career and technical education.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 5940 was substituted for Senate Bill No. 5940 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. 5940 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. 5940.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5940 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West and Winsley - 37.

Voting nay: Senators Benton, Deccio, Hale, Hewitt, Hochstatter, Johnson, McCaslin, Morton, Roach, Stevens, Swecker and Zarelli - 12.

SUBSTITUTE SENATE BILL NO. 5940, 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. 5692, by Senators Costa, Long, Hargrove, Rasmussen and Kohl-Welles

Creating youth courts.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5692 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. 5692.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5692 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5692, 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. 5205, by Senators Prentice, Winsley, Fairley and T. Sheldon

Requiring self-insurers to provide information for independent medical examinations.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 5205 was substituted for Senate Bill No. 5205 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. 5205 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. 5205.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5205 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5205, 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. 5378, by Senators Jacobsen, Swecker and Spanel (by request of Governor Locke)

Providing a shoreline management master program development or amendment schedule.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 5378 was substituted for Senate Bill No. 5378 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Snyder, the following amendment by Senators Snyder, Hargrove, Sheahan, West, Carlson and Zarelli was adopted:

On page 3, at line 22, after "84.34.020" insert the following:

"; and

MOTION

On motion of Senator Snyder, the rules were suspended, Engrossed Substitute Senate Bill No. 5378 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. 5378.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Deccio, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Roach, Sheahan, Sheldon, T., Snyder, Stevens, Swecker, West and Zarelli - 28.

Voting nay: Senators Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Patterson, Regala, Rossi, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 21.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5378, 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 8, 2001

MR. PRESIDENT:

The Co-Speaker has signed SENATE CONCURRENT RESOLUTION NO. 8411, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 12, 2001

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1002,

SUBSTITUTE HOUSE BILL NO. 1017,

HOUSE BILL NO. 1219,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1286,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1364,

SUBSTITUTE HOUSE BILL NO. 1375,

SECOND SUBSTITUTE HOUSE BILL NO. 1499,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1571,

HOUSE BILL NO. 1577,

SUBSTITUTE HOUSE BILL NO. 1591,

SUBSTITUTE HOUSE BILL NO. 1759,

SUBSTITUTE HOUSE BILL NO. 2049,

SUBSTITUTE HOUSE BILL NO. 2082,

HOUSE BILL NO. 2156,

SUBSTITUTE HOUSE BILL NO. 2184,

SUBSTITUTE HOUSE BILL NO. 2221, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

March 12, 2001

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1162,

SUBSTITUTE HOUSE BILL NO. 1174,

SECOND SUBSTITUTE HOUSE BILL NO. 1240,

HOUSE BILL NO. 1243,

SUBSTITUTE HOUSE BILL NO. 1259,

SUBSTITUTE HOUSE BILL NO. 1337,

SUBSTITUTE HOUSE BILL NO. 1381,

HOUSE BILL NO. 1385,

HOUSE BILL NO. 1408,

HOUSE BILL NO. 1419,

SECOND SUBSTITUTE HOUSE BILL NO. 1445,

SUBSTITUTE HOUSE BILL NO. 1649, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

March 12, 2001

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1489,

SUBSTITUTE HOUSE BILL NO. 1650,

SUBSTITUTE HOUSE BILL NO. 1730,

HOUSE BILL NO. 1770,

SUBSTITUTE HOUSE BILL NO. 1821,

SUBSTITUTE HOUSE BILL NO. 1849,

HOUSE BILL NO. 1852,

HOUSE BILL NO. 1855,

HOUSE BILL NO. 1865,

SUBSTITUTE HOUSE BILL NO. 1884,

SUBSTITUTE HOUSE BILL NO. 1891,

SUBSTITUTE HOUSE BILL NO. 1892,

HOUSE BILL NO. 1895,

SUBSTITUTE HOUSE BILL NO. 1908,

HOUSE BILL NO. 1911,

SUBSTITUTE HOUSE BILL NO. 1913,

SUBSTITUTE HOUSE BILL NO. 1915,

SUBSTITUTE HOUSE BILL NO. 1950,

SECOND SUBSTITUTE HOUSE BILL NO. 1958,

HOUSE BILL NO. 1984,

SECOND SUBSTITUTE HOUSE BILL NO. 2025,

HOUSE BILL NO. 2029,

HOUSE BILL NO. 2031,

HOUSE BILL NO. 2064, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk

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

INTRODUCTION AND FIRST READING

SB 6148 by Senators Jacobsen, Thibaudeau, Horn, Finkbeiner, Eide, Constantine, Patterson, McDonald, Prentice and Kohl-Welles

AN ACT Relating to the Puget Sound transportation commission; and adding a new chapter to Title 47 RCW.

Referred to Committee on Transportation.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HB 1002 by Representatives Ruderman, Rockefeller, Santos, Lambert, Darneille, Haigh, McIntire and Hunt

Limiting the public inspection and copying of residential addresses or residential phone numbers of public employees or volunteers of public agencies.

Referred to Committee on State and Local Government.

SHB 1017 by House Committee on Natural Resources (originally sponsored by Representatives Pennington and Mielke)

Concerning lands vehicle use permits.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1162 by Representatives McMorris, Cody, Alexander, Schual-Berke, Mastin, Cox, Mulliken, Sump, G. Chandler, Lisk, B. Chandler, Hatfield, Schoesler, Grant, Armstrong, Kessler, Doumit, DeBolt, Delvin, Dickerson, Kenney, Bush, Conway, Edmonds, Pflug and Haigh

Providing medical assistance reimbursements for small, rural hospitals.

Referred to Committee on Health and Long-Term Care.

SHB 1174 by House Committee on Judiciary (originally sponsored by Representatives Hurst, Carrell, Lantz, Lovick and O'Brien)

Authorizing vacation of records of conviction for misdemeanor and gross misdemeanor offenses.

Referred to Committee on Judiciary.

HB 1219 by Representatives Marine, D. Schmidt, Roach, Delvin, Cooper and Skinner

Exempting community public radio stations from property taxation.

Referred to Committee on Ways and Means.

2SHB 1240 by House Committee on Appropriations (originally sponsored by Representatives Schindler, Quall, Talcott, Pearson, Cox, Keiser, Campbell, D. Schmidt and Haigh)

Changing provisions relating to the Washington assessment of student learning.

Referred to Committee on Education.

HB 1243 by Representatives Hurst, Esser, Carrell, Lovick, Lantz and Lambert

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

Referred to Committee on Judiciary.

SHB 1259 by House Committee on Appropriations (originally sponsored by Representatives Tokuda, Boldt, Kagi, Schual-Berke, Kenney, Lambert and Edwards) (by request of Department of Social and Health Services)

Authorizing provision of independent living services for persons through age twenty who have been in foster care.

Referred to Committee on Human Services and Corrections.

ESHB 1286 by House Committee on Natural Resources (originally sponsored by Representatives Lisk, Grant, Sump, Cox, Doumit, G. Chandler, Mulliken, Mielke, Clements, Lambert, Hankins, Pflug, Dunn, B. Chandler, Buck, Cairnes, Pennington, Boldt, Hatfield, Delvin, Armstrong, Skinner, Alexander, Kessler, Pearson, D. Schmidt, Anderson, Rockefeller and Esser)

Providing hatchery origin salmon eggs in order to replenish fish runs.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1337 by House Committee on Juvenile Justice (originally sponsored by Representatives Kagi, Delvin and Dickerson) (by request of Department of Social and Health Services)

Revising the chemical dependency disposition alternative.

Referred to Committee on Human Services and Corrections.

ESHB 1364 by House Committee on Health Care (originally sponsored by Representatives Pflug, Edmonds, Cody, Campbell, Boldt, Doumit, Pennington and Schual-Berke)

Mandating general anesthesia services.

Referred to Committee on Health and Long-Term Care.

SHB 1375 by House Committee on State Government (originally sponsored by Representatives Miloscia and Cox) (by request of Governor Locke)

Reauthorizing the expedited rule adoption process.

Referred to Committee on State and Local Government.

SHB 1381 by House Committee on Higher Education (originally sponsored by Representatives Mulliken, Rockefeller, G. Chandler, Skinner, Dunn, Lantz, Doumit, Cox, Keiser, Pearson, Schoesler, Ruderman, Schual-Berke and Lambert)

Requiring institutions of higher education to use personal identifiers that are not social security numbers.

Referred to Committee on Higher Education.

HB 1385 by Representatives Reardon and Pennington (by request of Department of Revenue)

Clarifying the taxable situs and nature of linen and uniform supply services.

Referred to Committee on Ways and Means.

HB 1408 by Representatives Reardon, Talcott, D. Schmidt, Conway, Haigh, Bush, Mielke, Hatfield, Campbell, Barlean, Berkey and Rockefeller (by request of Joint Select Committee on Veterans' and Military Affairs)

Providing a property tax exemption to widows or widowers of honorably discharged veterans.

Referred to Committee on Ways and Means.

HB 1419 by Representatives Hurst, Esser, Lantz, Carrell, Haigh, O'Brien, Roach and Ruderman

Requiring a notation in the driving record when a driver is required to use an ignition interlock or other biological or technical device.

Referred to Committee on Judiciary.

2SHB 1445 by House Committee on Finance (originally sponsored by Representatives Kessler, Lambert, Ogden, Edmonds, Kagi, Dickerson, Jackley, Fromhold, Keiser, Veloria, Miloscia, Cody and McDermott) (by request of State Treasurer Murphy)

Retaining the linked deposit program.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1489 by Representatives Carrell, Morris, Roach, Lambert, Boldt, Cairnes, Benson and Marine

Requiring the department of revenue to develop an assessment improvement plan.

Referred to Committee on Ways and Means.

2SHB 1499 by House Committee on Appropriations (originally sponsored by Representatives Jackley, Buck, Rockefeller, Eickmeyer, Sump, Doumit, Pennington and Dunn)

Regulating marine fin fish aquaculture.

Referred to Committee on Natural Resources, Parks and Shorelines.

ESHB 1571 by House Committee on Commerce and Labor (originally sponsored by Representatives Wood, Clements and Conway)

Changing provisions on simulcast horse racing.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1577 by Representatives D. Schmidt and Romero (by request of Secretary of State Reed)

Clarifying standards for candidates using party designations.

Referred to Committee on State and Local Government.

SHB 1591 by House Committee on Judiciary (originally sponsored by Representatives Esser, Lantz, O'Brien, Lisk, Kirby, B. Chandler, Linville and Doumit)

Revising requirements for service of orders in harassment matters.

Referred to Committee on Judiciary.

SHB 1649 by House Committee on Judiciary (originally sponsored by Representative Kessler)

Including striking the body of a deceased person within hit and run.

Referred to Committee on Judiciary.

SHB 1650 by House Committee on Health Care (originally sponsored by Representatives Cody, Alexander, Tokuda, Mulliken, Doumit, Schual-Berke, Edwards and Kagi)

Requiring monitoring of the performance of the community mental health service delivery system.

Referred to Committee on Human Services and Corrections.

SHB 1730 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Skinner, Clements, Pennington, Kagi, Linville, Cody, Campbell, Lovick, Cox, Ruderman, Ballasiotes, O'Brien, Hunt, Edwards, Dickerson, Grant, Darneille and Keiser)

Requiring certain health care providers to report gunshot or knife wounds to the authorities.

Referred to Committee on Health and Long-Term Care.

SHB 1759 by House Committee on Health Care (originally sponsored by Representatives Darneille, Schual-Berke, McDermott, Santos, Murray, Tokuda and Wood)

Allowing for the sale of hypodermic syringes and needles to reduce the transmission of bloodborne diseases.

Referred to Committee on Health and Long-Term Care.

HB 1770 by Representatives McDermott, D. Schmidt, Haigh, Miloscia, Dunshee, McMorris, Morris, Romero, Esser, Lambert, Schindler, Dickerson and Ogden

Allowing contributions to primary losers.

Referred to Committee on State and Local Government.

SHB 1821 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Doumit, Sump, Hatfield and Kessler)

Concerning coastal Dungeness crab resource plan provisions.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 1849 by House Committee on Natural Resources (originally sponsored by Representatives Pearson, Jackley, Doumit, Eickmeyer, Rockefeller, Cox, Barlean, Armstrong, Bush and O'Brien) (by request of Parks and Recreation Commission)

Requiring the parks and recreation commission to have a record check performed on certain job applicants.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 1852 by Representatives Morris, Schoesler, Anderson, Eickmeyer, Conway, Fromhold, Van Luven, Kenney, Dunn, Santos, Ogden, Jackley, O'Brien, Lovick and Linville

Increasing international marketing of Washington's goods and services.

Referred to Committee on Agriculture and International Trade.

HB 1855 by Representatives Hunt, Conway, Clements, Ericksen, Pennington and Kenney

Allowing private clubs to serve liquor at special events.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 1865 by Representatives G. Chandler and Grant

Changing watershed planning provisions.

Referred to Committee on Environment, Energy and Water.

SHB 1884 by House Committee on Children and Family Services (originally sponsored by Representatives Ogden, Poulsen, Crouse and Kenney) (by request of Department of Social and Health Services)

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

Referred to Committee on Economic Development and Telecommunications.

SHB 1891 by House Committee on Appropriations (originally sponsored by Representatives Mulliken, Schoesler, Veloria, B. Chandler, Van Luven, Linville, G. Chandler, Conway and Dunn)

Increasing the international trade of Washington state agricultural products.

Referred to Committee on Agriculture and International Trade.

SHB 1892 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler)

Regulating agricultural commodity boards and commissions.

Referred to Committee on Agriculture and International Trade.

HB 1895 by Representatives Esser, Morris, Barlean, Cooper, Mielke, O'Brien, Mulliken, Ericksen, Hatfield, B. Chandler, Linville and Kirby

Creating the crime of theft of motor vehicle fuel.

Referred to Committee on Judiciary.

SHB 1908 by House Committee on State Government (originally sponsored by Representatives Schoesler, Morris, Santos, Hankins, Sump, Pennington, DeBolt, B. Chandler, Sehlin, D. Schmidt, Dunn, Mielke, McMorris, Tokuda, Buck, Skinner, Mulliken and Bush)

Restricting mailings and public service broadcasts by state officials.

Referred to Committee on State and Local Government.

HB 1911 by Representatives Reardon, Cody, Santos and Ballasiotes

Requiring coverage for neurodevelopmental therapies.

Referred to Committee on Health and Long-Term Care.

SHB 1913 by House Committee on Appropriations (originally sponsored by Representative Boldt)

Creating a demonstration project to provide services to disturbed youth.

Referred to Committee on Human Services and Corrections.

SHB 1915 by House Committee on Finance (originally sponsored by Representatives Cairnes, Morris, H. Sommers, Skinner, Hankins, Kessler, Lisk, Clements, Benson, Delvin, B. Chandler, Veloria, G. Chandler, Conway, Ruderman, Santos, Grant, Barlean and Alexander)

Modifying wine and cider provisions.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 1950 by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Clements, Wood, Kenney and Miloscia)

Describing worker rights under industrial insurance.

Referred to Committee on Labor, Commerce and Financial Institutions.

2SHB 1958 by House Committee on Appropriations (originally sponsored by Representatives Delvin, Dickerson, Carrell and Darneille)

Revising provisions for children in need of services, at-risk youth, and truancy petitions.

Referred to Committee on Human Services and Corrections.

HB 1984 by Representatives Quall, Morris, Barlean, Cooper, Ericksen, Dunshee, Linville, Hatfield, Ruderman, Poulsen, Conway, Lovick and Kagi

Creating the small farm direct marketing assistance program.

Referred to Committee on Agriculture and International Trade.

E2SHB 2025 by House Committee on Appropriations (originally sponsored by Representatives Santos, Talcott, Quall, Keiser, Ogden, Tokuda, Schual-Berke and Kenney)

Changing transitional bilingual instruction program provisions.

Referred to Committee on Education.

HB 2029 by Representatives Hurst, Mitchell, Fisher, Hankins, Haigh, Anderson, Cooper, Ericksen, Ogden, Marine, Jarrett, Wood, Romero, Armstrong, Rockefeller, Mielke, Hatfield, Sump, Lovick, Simpson, Woods, Reardon, Morell, Skinner, Ahern, Jackley, Murray, Edmonds and Kenney

Authorizing changes to the VIN inspection program.

Referred to Committee on Transportation.

HB 2031 by Representatives Cairnes, Crouse, Poulsen, Morris, Reardon, Delvin and Barlean

Limiting the taxation of pay phone services.

Referred to Committee on Economic Development and Telecommunications.

SHB 2049 by House Committee on State Government (originally sponsored by Representatives Pearson, Crouse, Cox, Schindler, DeBolt, Mitchell, Ericksen, Cairnes, Clements and Talcott)

Limiting penalties during technical assistance visits.

Referred to Committee on State and Local Government.

HB 2064 by Representative Carrell

Providing for the availability of online legal research capability on a cost-efficient basis to all residents of the state.

Referred to Committee on Judiciary.

SHB 2082 by House Committee on Children and Family Services (originally sponsored by Representatives Darneille, Campbell, Dickerson, Ballasiotes, O'Brien, Boldt, Tokuda, Bush, Simpson, Morell, Kirby, Conway, Kenney, Woods, Ahern, Hurst and Schual-Berke)

Presuming that it is negligent treatment to expose a child to a methamphetamine manufacturing site.

Referred to Committee on Human Services and Corrections.

HB 2156 by Representatives Cairnes and Morris

Providing uniform mobile telecommunications laws.

Referred to Committee on Economic Development and Telecommunications.

SHB 2184 by House Committee on Finance (originally sponsored by Representatives Berkey, DeBolt, Morris, Dunshee and Edwards)

Revising tax treatment of park model trailers.

Referred to Committee on Ways and Means.

SHB 2221 by House Committee on Transportation (originally sponsored by Representatives Mielke, Rockefeller and Jackley)

Adjusting procedures for ferry maintenance and preservation.

Referred to Committee on Transportation.

MOTION

At 12:31 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.

The Senate was called to order at 1:30 p.m. by President Pro Tempore Franklin.

MOTION

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

MOTION

On motion of Senator Hewitt, Senator Horn was excused.

SECOND READING

SENATE BILL NO. 5336, by Senators Kohl-Welles, Horn, Shin, McAuliffe, B. Sheldon, Constantine and Kline

Creating the public interest attorney loan repayment program.

MOTION

On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5336 was substituted for Senate Bill No. 5336 and the substitute bill was placed on second reading and read the second time.

Senator Honeyford moved that the following amendments by Senators Honeyford and Kohl-Welles be considered simultaneously and be adopted:

On page 6, line 7, after "self-sustaining and consist of", strike "funds appropriated by the legislature for the public interest attorney loan repayment program,".

On page 6, line 9, after "private contributions to the program", strike ",".

On page 6, line 10, after "repayments.", insert "No state funds shall be deposited in the account or otherwise expended therefore."

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Honeyford and Kohl-Welles on page 6, lines 7, 9 and 10, to Substitute Senate Bill No. 5336.

The motion by Honeyford carried and the amendments were adopted.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 5336 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. 5336.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5336 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Honeyford, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 31.

Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Johnson, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Stevens, Swecker, West and Zarelli - 17.

Excused: Senator Horn - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5336, 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 BILL NO. 5085, by Senators Haugen, Winsley, Prentice and McAuliffe

Administering glucagon to hypoglycemic students.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5085 was substituted for Senate Bill No. 5085 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5085 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. 5085.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5085 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 2; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, 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, Thibaudeau, Winsley and Zarelli - 42.

Voting nay: Senators Benton, Franklin, Morton, Swecker and West - 5.

Absent: Senators Hochstatter and Honeyford - 2.

SUBSTITUTE SENATE BILL NO. 5085, 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 Sheahan, Senator Honeyford was excused.

On motion of Senator Hewitt, Senator Hale was excused.

SECOND READING

SENATE BILL NO. 5936, by Senators Prentice, Winsley, Costa, Thibaudeau, Jacobsen, Regala, Gardner, Kline, Spanel, Shin, Rasmussen, Fraser and Kohl-Welles (by request of Department of Community, Trade, and Economic Development)

Providing funds for housing projects.

MOTIONS

On motion of Senator Prentice, Second Substitute Senate Bill No. 5936 was substituted for Senate Bill No. 5936 and the second substitute bill was placed on second reading and read the second time.

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

On page 2, line 13, after "for" strike ": (a) The" and insert "the"

On page 2, line 16, after "funds" strike "; and (b) innovative housing demonstration projects for moderate and middle income populations"

POINT OF ORDER

Senator West: “A point of order, Mr. President. First of all, I want to make clear that I am not an enemy of this bill and I would like to see it pass. Mr. President, I would like for you to rule whether this is a fee or a tax and whether it requires a simple majority or a two-thirds vote on final passage under Initiative 601. I would point out the difference between a fee and a tax. A fee is a charge for a particular service. You pay a fee to, perhaps, use something that government has or to be provided with a service. A fee typically pays for the cost of providing that service. A tax, on the other hand, is an amount of money levied, but then is used for some purpose other than the transaction upon which it was paid. In this case, you will be paying the county clerk an amount of money for the privilege of recording documents. If you call it a fee, it would imply that the cost of recording those documents is imbedded in that and that is the sole purpose for that money--to call it anything other than a tax. It is a tax if that money, then, is used for some other stated purpose and in this bill it is used for housing. Again, I am not an enemy of the bill, but I want it clear that we are either levying a tax, which I believe this is, or we are assessing a fee. So, I would like the Lieutenant Governor to rule on that important point.”

RULING BY THE PRESIDENT

President Owen: "In ruling on the point of order by Senator West, concerning the number of votes necessary to pass Second Substitute Senate Bill No. 5936, the President finds that the measure requires county auditors to collect a three dollar surcharge for the recording of instruments. Up to ten percent of the surcharge would be retained by county auditors to cover the cost of collection. Forty percent of the remainder of the surcharge would he deposited into the Washington housing trust account. Sixty percent of the remainder of the surcharge would be retained by counties for low income housing projects.

“Because no part of the surcharge would be considered ‘state revenues’ under RCW 43.35.135 (Initiative 601), the President finds that final passage of Second Substitute Senate Bill No. 5936 requires a simple majority vote.”

The President ruled that Second Substitute Senate Bill No. 5936 would require a simple majority vote on final passage.

MOTION

On motion of Senator Prentice, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5936 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5936.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5936 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 11; Absent, 0; Excused, 2.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West and Winsley - 36.

Voting nay: Senators Benton, Hewitt, Johnson, McCaslin, McDonald, Morton, Rossi, Sheahan, Sheldon, T., Swecker and Zarelli - 11.

Excused: Senators Hale and Honeyford - 2.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5936, 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, Senator Zarelli was excused.

SECOND READING

SENATE BILL NO. 5937, by Senators Shin, Rasmussen, Jacobsen, Winsley, Kohl-Welles and McAuliffe (by request of Governor Locke and Superintendent of Public Instruction Bergerson)

Removing the limits on postretirement employment for teachers' retirement system plan 1 and public employees' retirement system plan 1 retirees.

MOTIONS

On motion of Senator Brown, Substitute Senate Bill No. 5937 was substituted for Senate Bill No. 5937 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The department of retirement systems, the office of the superintendent of public instruction, the department of personnel, and the health care authority shall jointly develop publications for use during the 2001-03 biennium to explain options for, and implications of, postretirement employment for members and retirees of the teachers' retirement system plan 1 and the public employees' retirement system plan 1.

(2) The publications shall address such issues as: (a) Health insurance coverage upon reemployment; (b) health benefit options upon termination of postretirement employment; (c) sick leave, annual leave, and other compensation practices; (d) options for, and implications of, reentry into active retirement system membership; (e) hiring procedures for retirees; and (f) collective bargaining rights and responsibilities.

Sec. 2. RCW 28A.405.900 and 1990 c 33 s 404 are each amended to read as follows:

Certificated employees subject to the provisions of RCW 28A.310.250, 28A.405.010 through 28A.405.240, 28A.405.400 through 28A.405.410, 28A.415.250, and 28A.405.900 shall not include those certificated employees hired to replace certificated employees who have been granted sabbatical, regular, or other leave by school districts, and shall not include retirees hired for postretirement employment under the provisions of this act.

It is not the intention of the legislature that this section apply to any regularly hired certificated employee or that the legal or constitutional rights of such employee be limited, abridged, or abrogated.

Sec. 3. RCW 41.32.570 and 1999 c 387 s 1 are each amended to read as follows:

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every seven hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any monthly benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

(2) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state and who has satisfied the break in employment requirement of subsection (1) of this section shall cease to receive pension payments while engaged in such service((: PROVIDED, That service may be rendered up to five hundred twenty-five hours per school year without reduction of pension.

(3) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired teacher or retired administrator may also serve only as a substitute teacher for up to an additional three hundred fifteen hours per school year without reduction of pension if:

(a) A school district, which is not a member of a multidistrict substitute cooperative, determines that it has exhausted or can reasonably anticipate that it will exhaust its list of qualified and available substitutes and the school board of the district adopts a resolution to make its substitute teachers who are retired teachers or retired administrators eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolution by the school district shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection; or

(b) A multidistrict substitute cooperative determines that the school districts have exhausted or can reasonably anticipate that they will exhaust their list of qualified and available substitutes and each of the school boards adopts a resolution to make their substitute teachers who are retired teachers or retired administrators eligible for the extended service once the list of qualified and available substitutes has been exhausted. The resolutions by each of the school districts shall state that the services of retired teachers and retired administrators are necessary to address the shortage of qualified and available substitutes. The resolutions shall be valid only for the school year in which they are adopted. The cooperative shall forward a copy of the resolutions with a list of retired teachers and retired administrators who have been employed as substitute teachers to the department and may notify the retired teachers and retired administrators included on the list of their right to take advantage of the provisions of this subsection.

(4) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section, a retired administrator or retired teacher may also serve as a substitute administrator up to an additional one hundred five hours per school year without reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired administrator or retired teacher are necessary because it cannot find a replacement administrator to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired administrator or retired teacher who has been employed as a substitute administrator to the department.

(5) In addition to the five hundred twenty-five hours of service permitted under subsection (2) of this section and the one hundred five hours permitted under subsection (4) of this section, a retired principal may also serve as a substitute principal up to an additional two hundred ten hours per school year without a reduction of pension if a school district board of directors adopts a resolution declaring that the services of a retired principal are necessary because it cannot find a replacement principal to fill a vacancy. The resolution shall be valid only for the school year in which it is adopted. The district shall forward a copy of the resolution with the name of the retired principal who has been employed as a substitute principal to the department.

(6) Subsection (2) of this section shall apply to all persons governed by the provisions of plan 1, regardless of the date of their retirement, but shall apply only to benefits payable after June 11, 1986.

(7) Subsection (3) of this section shall apply to all persons governed by the provisions of plan 1, regardless of the date of their retirement, but shall only apply to benefits payable after September 1, 1994)), after the retiree has rendered service for more than one thousand five hundred hours in a school year.

(3) The department shall collect and provide the state actuary with information relevant to the use of this section for the joint committee on pension policy.

(4) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five hundred twenty-five hours per year without a reduction of his or her pension.

Sec. 4. RCW 41.40.037 and 1997 c 254 s 14 are each amended to read as follows:

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred sixty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

(2)(a) A retiree from plan 1 who has satisfied the break in employment requirement of subsection (1) of this section and who enters employment with an employer may continue to receive pension payments while engaged in such service for up to one thousand five hundred hours of service in a calendar year without a reduction of pension.

(b) A retiree from plan 2 or plan 3 who has satisfied the break in employment requirement of subsection (1) of this section((,)) may work up to ((five months per)) eight hundred sixty-seven hours in a calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.

(3) If the retiree opts to reestablish membership under RCW 41.40.023(12), he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.40.180. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.

(4) The department shall collect and provide the state actuary with information relevant to the use of this section for the joint committee on pension policy.

(5) The legislature reserves the right to amend or repeal this section in the future and no member or beneficiary has a contractual right to be employed for more than five months in a calendar year without a reduction of his or her pension.

NEW SECTION. Sec. 5. Sections 2 and 3 of this act expire June 30, 2004.

NEW SECTION. Sec. 6. Section 4 of this act expires December 31, 2004.

NEW SECTION. Sec. 7. A new section is added to chapter 41.40 RCW to read as follows:

Upon attainment of age seventy and one-half, an employed member may, subject to this section, apply for the retirement benefit the member is otherwise eligible to receive. The retirement benefit shall begin to accrue on the first day of the calendar month following the month that a member applies for a retirement benefit and has attained age seventy and one-half. The benefit shall be calculated in accordance with this chapter, except that the member may continue to be employed. Upon retirement the retiree shall no longer be an active member and shall not make contributions, nor receive service credit, for future periods of employment while receiving his or her retirement allowance.

NEW SECTION. Sec. 8. The office of the state actuary shall review the actuarial impact of the temporary expansion of the postretirement employment limitations provided by sections 3 and 4 of this act. No later than July 1, 2003, the state actuary shall prepare a report for the joint committee on pension policy regarding the fiscal and policy impacts of this act. The joint committee shall solicit information from the superintendent of public instruction, the department of personnel, the office of financial management, the department of retirement systems, and the health care authority regarding the program impacts of this act and shall report to the legislative fiscal committees no later than October 1, 2003, on any proposed changes or improvements to this act. If the state actuary determines the expansion of postretirement options under sections 3 and 4 of this act has resulted in increased costs for the state retirement funds, the joint committee report shall include a proposal for a process to charge those employers who employ retirees pursuant to an extension of sections 3 and 4 of this act for the costs incurred by the retirement funds under the extension.

Sec. 9. RCW 41.32.802 and 1997 c 254 s 8 are each amended to read as follows:

(b) The benefit reduction provided in (a) of this subsection will accrue for a maximum of one hundred forty hours per month. Any benefit reduction over one hundred percent will be applied to the benefit the retiree is eligible to receive in subsequent months.

(2) A retiree who has satisfied the break in employment requirement of subsection (1) of this section, may work up to ((five months)) eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.

(3) If the retiree opts to reestablish membership under RCW 41.32.044, he or she terminates his or her retirement status and immediately becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible.

Sec. 10. RCW 41.32.860 and 1997 c 254 s 7 are each amended to read as follows:

(1) Except under RCW 41.32.862, no retiree shall be eligible to receive such retiree's monthly retirement allowance if he or she is employed in an eligible position as defined in RCW 41.40.010 ((or)), 41.32.010, or 41.35.010, or as a law enforcement officer or fire fighter as defined in RCW 41.26.030.

(2) If a retiree's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused the suspension of benefits. Upon reinstatement, the retiree's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

Sec. 11. RCW 41.32.862 and 1997 c 254 s 9 are each amended to read as follows:

Sec. 12. RCW 41.35.060 and 1998 c 341 s 7 are each amended to read as follows:

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

(2) A retiree who has satisfied the break in employment requirement of subsection (1) of this section may work up to ((five months)) eight hundred sixty-seven hours per calendar year in an eligible position, as defined in RCW 41.32.010, 41.35.010, or 41.40.010, or as a fire fighter or law enforcement officer, as defined in RCW 41.26.030, without suspension of his or her benefit.

(3) If the retiree opts to reestablish membership under RCW 41.35.030, he or she terminates his or her retirement status and becomes a member. Retirement benefits shall not accrue during the period of membership and the individual shall make contributions and receive membership credit. Such a member shall have the right to again retire if eligible in accordance with RCW 41.35.420 or 41.35.680. However, if the right to retire is exercised to become effective before the member has rendered two uninterrupted years of service, the retirement formula and survivor options the member had at the time of the member's previous retirement shall be reinstated.

Sec. 13. RCW 41.40.037 and 1997 c 254 s 14 are each amended to read as follows:

(1)(a) If a retiree enters employment with an employer sooner than one calendar month after his or her accrual date, the retiree's monthly retirement allowance will be reduced by five and one-half percent for every eight hours worked during that month. This reduction will be applied each month until the retiree remains absent from employment with an employer for one full calendar month.

Sec. 14. RCW 41.40.750 and 1998 c 341 s 113 are each amended to read as follows:

(1) Effective September 1, 2000, the membership of all plan 2 members currently employed in eligible positions in a school district or educational service district and all plan 2 service credit for such members, is transferred to the Washington school employees' retirement system plan 2. Plan 2 members who have withdrawn their member contributions for prior plan 2 service may restore contributions and service credit to the Washington school employees' retirement system plan 2 as provided under RCW 41.40.740.

(2)(a) The membership and previous service credit of a plan 2 member not employed in an eligible position on September 1, 2000, will be transferred to the Washington school employees' retirement system plan 2 when he or she becomes employed in an eligible position. Plan 2 members not employed in an eligible position on September 1, 2000, who have withdrawn their member contributions for prior plan 2 service may restore contributions and service credit to the Washington school employees' retirement system plan 2 as provided under RCW 41.40.740.

(b) The membership and previous service credit of a plan 2 member last employed by a school district or educational service district and retired prior to September 1, 2000, will be transferred to the Washington school employees' retirement system plan 2 if the member opts to reestablish membership.

(3) Members who restore contributions and service credit under subsection (1) or (2) of this section shall have their contributions and service credit transferred to the Washington school employees' retirement system.

NEW SECTION. Sec. 15. Except for sections 13 of this act which takes effect December 31, 2004, 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 July 1, 2001."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Brown and Long to Substitute Senate Bill No. 5937.

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

MOTIONS

On motion of Senator Brown, 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 "postretirement employment for teachers' retirement system, public employees' retirement system, and school employees' retirement system, retirees; amending RCW 28A.405.900, 41.32.570, 41.40.037, 41.32.802, 41.32.860, 41.32.862, 41.35.060, 41.40.037, and 41.40.750; adding a new section to chapter 41.40 RCW; creating new sections; providing effective dates; providing expiration dates; and declaring an emergency."

On motion of Senator Brown, the rules were suspended, Engrossed Substitute Senate Bill No. 5937 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. 5937.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5937 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Zarelli - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5937, 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. 5329, by Senators Costa, Fairley, Hargrove, Kline, Gardner, Eide, Kohl-Welles and Prentice

Allowing crime victims employment leave.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5329 was substituted for Senate Bill No. 5329 and the substitute bill was placed on second reading and read the second time.

Senator Honeyford moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that an employee who is a crime victim may need to take leave from work in order to participate in legal proceedings, obtain medical treatment, and obtain other necessary services arising from the crime. The legislature also finds that the demands of the workplace, the needs of the criminal justice system, and the needs of crime victims must be balanced in order to have economic security and a well-functioning society. The legislature further finds that employers today, especially small businesses, face a complicated array of mandated leave requirements that overlap and are difficult to administer. The legislature therefore establishes a joint select committee to study and make findings and recommendations related to leave from employment for crime victims, and identify potential improvements to other related leave laws that might reduce the burden on businesses and create greater flexibility for workers.

NEW SECTION. Sec. 2. (1) There is hereby created a joint select committee on leave from employment for crime victims composed of the following four voting members:

(a) Two members of the senate labor, commerce and financial institutions committee, one from each of the major caucuses, to be appointed by the president of the senate; and

(b) Two members of the house of representatives commerce and labor committee, one from each of the major caucuses, to be appointed by the co-speakers of the house of representatives.

(2) The task force shall consult with and be advised by an advisory committee consisting of the following eight nonvoting members:

(a) Two members representing labor, appointed jointly by the president of the senate and the co-speakers of the house of representatives, from a list of names submitted by a state-wide organization representing a cross-section and majority of organized labor in the state;

(b) Two members representing business, appointed jointly by the president of the senate and the co-speakers of the house of representatives, from a list of names submitted by a state-wide organization of employers representing a majority of employers of the state;

(d) One representative of the department of labor and industries;

(e) One representative of the department of social and health services; and

(f) One representative of the office of financial management.

(3) The senate committee services and house office of program research, as directed, shall provide support to the joint select committee. In addition, if requested, the labor market and economic analysis branch of the employment security department, or other state agency staff shall assist the joint select committee with its duties.

NEW SECTION. Sec. 3. The joint select committee, in consultation with the advisory committee, shall study and make findings and recommendations related to the following aspects of leave from employment for crime victims:

(1) The number of workers that would require such leave from employment each year and for what reasons a crime victim may need to take leave from employment;

(2) The extent to which state and federal mandated leave is currently available to crime victims and the extent to which employers already have programs in place to accommodate crime victims without legal requirements to do so;

(3) The extent to which additional leave, if any, may be necessary;

(4) To what types of crimes should such leave apply and to what size of employer should such leave requirements apply;

(5) What remedies, if any, should be available for crime victims denied leave;

(6) The extent to which such leave requirements would impose additional hardships on employers and the extent to which remedies are available to minimize such hardships;

(7) The extent to which consistency between state and federal leave laws can be achieved and the extent to which improvements can be made to existing leave laws to reduce the burden on businesses and create greater flexibility for workers;

(8) The extent to which changes, if any, in state and federal laws are necessary to implement the findings and recommendations of this committee; and

(9) Any other issues identified by the joint select committee.

NEW SECTION. Sec. 4. The joint select committee shall report its findings and recommendations to the labor, commerce and financial institutions committee of the senate, and to the commerce and labor committee of the house of representatives by December 1, 2001.

NEW SECTION. Sec. 5. The joint select committee and the advisory committee on leave from employment for crime victims expire July 1, 2002."

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 adoption of the striking amendment by Senator Honeyford to Substitute Senate Bill No. 5329.

ROLL CALL

The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West and Winsley - 22.

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., Sheldon, T., Shin, Snyder, Spanel and Thibaudeau - 25.

Absent: Senator McDonald - 1.

Excused: Senator Zarelli - 1.

MOTION

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage

Debate ensued.

Senators Snyder, Franklin and Jacobsen 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 Costa closed debate on the final passage of Substitute Senate Bill No. 5329.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5329.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5329 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 27.

Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 22.

SUBSTITUTE SENATE BILL NO. 5329, 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. 5832, by Senator Haugen

Enabling counties planning under chapter 36.70A RCW to create nine lots in a short subdivision within a designated urban growth area.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5832 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. 5832.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5832 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kline, 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 - 43.

Voting nay: Senators Constantine, Costa, Fairley, Kastama and Kohl-Welles - 5.

Excused: Senator Honeyford - 1.

SENATE BILL NO. 5832, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTIONS

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

Senator Snyder moved that the Committee on Rules be relieved of further consideration of Senate Bill No. 5912.

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

PARLIAMENTARY INQUIRY

Senator Finkbeiner: "A parliamentary inquiry, can the Senate be told the title of Senate Bill No. 5912?"

Senator Snyder: "It is the EFSEC Bill."

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

The demand for the previous question carried.

The President declared the question before the Senate to be the motion by Senator Snyder to relieve the Committee on Rules of Senate Bill No. 5912.

The motion by Senator Snyder carried and the Committee on Rules was relieved of Senate Bill No. 5912.

MOTION

Senator Snyder moved that the Senate revert to the sixth order of business.

MOTION FOR RECONSIDERATION

Senator Horn: "Having served prior notice on March 12, 2001, I move that the Senate reconsider the vote by which Substitute Senate Bill No. 5240 passed the Senate."

Debate ensued.

RULING BY THE PRESIDENT

President Owen: "Senator Horn's motion to reconsider is a privileged motion--a higher rank in the order of the day."

MOTION

Senator Snyder moved that the motion by Senator Horn to immediately reconsider Substitute Senate Bill No. 5240 be laid upon the table.

The President declared the question before the Senate to be the motion by Senator Snyder to lay on the table Senator Horn's motion to immediately reconsider the vote by which Substitute Senate Bill No. 5240 passed the Senate and is nondebatable.

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 Snyder to lay on the table Senator Horn's motion to immediately reconsider the vote by which Substitute Senate Bill No. 5240 passed the Senate.

ROLL CALL

The Secretary called the roll and the motion by Senator Snyder to lay the motion by Senator Horn on the table carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 24.

Senators Snyder, Prentice and Betti Sheldon demanded the previous question on Senator’s Snyder’s motion to revert to the sixth order of business 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.

SPECIAL ORDER OF BUSINESS

Senator Snyder moved that Senate Bill No. 5912 be made a special order of business at 4:55 p.m. today.

POINT OF ORDER

Senator Sheahan: Have we moved back to the sixth order of business? Isn't that the motion before us?"

REPLY BY THE PRESIDENT

President Owen: "We just did."

Senator Sheahan: "You did the previous question, didn't you?'

President Owen: "The special order of business is a privileged motion and therefore can be dealt with in the ninth order of business, which is what we did. We have not voted on going back to the sixth order of business. You are correct."

Senator Sheahan: "So, we are still in the ninth order of business?"

President Owen: "That is correct."

The motion before the Senate is the motion by Senator Snyder to revert to the sixth order of business.

The motion by Senator Snyder to revert to the sixth order of business carried.

The President declared that the motion before the Senate to be the motion by Senator Snyder that Senate Bill No. 5912 be made a special order of business at 4:55 p.m. today.

The motion by Senator Snyder carried and Senate Bill No. 5912 will be a Special Order of Business at 4:55 p.m. today.

SECOND READING

SENATE BILL NO. 5845, by Senators Fraser, Costa, Long, Winsley and Kohl-Welles

Regulating siting of sex offender treatment facilities.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5845 was substituted for Senate Bill No. 5845 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the following striking amendment by Senators Fraser, Costa, Long and Hargrove was adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature recognizes that the individualized treatment required for constitutional civil commitment includes the realistic possibility of release to a less restrictive alternative than total confinement in appropriate cases. The legislature finds that most persons civilly committed under chapter 71.09 RCW who become eligible for release to a less restrictive alternative do not have appropriate housing and that the lack of housing may unduly restrict the person's ability to move to a less restrictive alternative placement. The legislature also finds that these facilities are essential public facilities, are subject to public protest upon siting, and that some cities and counties have imposed moratoriums on zoning and permitting processes. The legislature further finds that this reaction hampers its ability and the ability of the department of social and health services to comply with constitutional and statutory requirements and with court orders to create housing for less restrictive alternative placements. The legislature, therefore, intends to provide statewide guidance for the siting of less restrictive alternative housing for persons placed on less restrictive alternative placements under chapter 71.09 RCW.

(2) It is the intent of the legislature to:

(a) Enhance public safety and maximize the potential for successful treatment of sexually violent predators through the tightly managed use of less restrictive alternatives in community-based secure community transition facilities;

(b) Maximize the safety of communities in which secure community transition facilities are located and ensure public input into secure community transition facilities by enabling community participation in decisions involving these essential public facilities;

(c) Comply with federal court orders and require the siting of less restrictive alternative housing facilities and to preclude the possibility that the department of social and health services would be unable to site a facility due to local moratoriums and requirements;

(d) Require the department to work with local jurisdictions to address specific local concerns and develop zoning requirements and development regulations that balance the need for siting with public safety; and

(e) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the persons released to a less restrictive alternative in a secure community transition facility, and by establishing minimum standards for the siting and operation of secure community transition facilities.

(3) The legislature finds that community participation in siting and oversight is vital to the success of secure community transition facilities for less restrictive alternatives.

Sec. 2. RCW 71.09.020 and 1995 c 216 s 1 are each amended to read as follows:

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

(1) (("Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

(2) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.)) "Department" means the department of social and health services.

(2) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.

(3) "Likely to engage in predatory acts of sexual violence" means that the person more probably than not will engage in such acts. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

(4) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

(5) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.

(((5))) (6) "Recent overt act" means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.

(((6))) (7) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries.

(8) "Secretary" means the secretary of social and health services or the secretary's designee.

(9) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter. A secure facility is a facility that provides supervision and sex offender treatment services in a total confinement setting. Secure facilities include the special commitment center and any similar facility for males or females designated as a secure facility by the secretary.

(10) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision, security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to any step-down facility and any community-based housing established under this chapter and operated by the secretary or under contract with the secretary.

(11) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to chapter 71.09 RCW, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

(((7) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.

(8) "Secretary" means the secretary of social and health services or his or her designee.))

(12) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

(13) "Step-down facility" means any secure community transition facility that provides residence for more than five persons.

NEW SECTION. Sec. 3. A new section is added to chapter 71.09 RCW to read as follows:

(1) The secretary shall adopt rules that balance the average response time of emergency services to the general area of the proposed facility against the proximity of the proposed site to risk potential activities and facilities in existence at the time the site is listed for consideration.

(2) In balancing the competing criteria of proximity and response time the rule shall endeavor to achieve an average law enforcement response time not greater than five minutes and in no case shall the rule permit location of a facility adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a site is listed for consideration. "Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.

(3) The rule shall require that great weight be given to sites that are the farthest removed from any risk potential activity.

(4) The rule shall specify how distance from the location is measured and any variations in the measurement based on the size of the property within which a proposed facility is to be located.

(5) The rule shall establish a method to analyze and compare the criteria for each site in terms of public safety and security, site characteristics, and program components. In making a decision regarding a site following the analysis and comparison, the secretary shall give priority to public safety and security considerations. The analysis and comparison of the criteria are to be documented and made available at the public hearings prescribed in section 7 of this act.

(6) The rule shall contain a schedule of monetary penalties for contractors operating secure community transition facilities, not to exceed the total compensation set forth in the contract, and include provisions for termination of all contracts with a service provider that has repeated or serious violations of section 9 of this act.

NEW SECTION. Sec. 4. By December 1, 2001, the secretary of the department of social and health services shall determine and report to the legislature whether there is a significant group of potential locations that are outside of a five-minute law enforcement response time zone that are more than two miles from any risk potential activities and whether, in the secretary's judgment, the legislature should require the rule to be revised to permit consideration of these properties.

NEW SECTION. Sec. 5. A new section is added to chapter 71.09 RCW to read as follows:

The secretary shall establish criteria for the siting of secure community transition facilities which shall include at least the following minimum requirements:

(1) Any real property listed for consideration for the location of or use as a secure community transition facility must meet all of the following criteria:

(a) The proximity and response time criteria established under section 3 of this act;

(b) The site or building is available for lease for the anticipated use period or for purchase;

(d) Appropriate mental health and sex offender treatment providers must be available within a reasonable commute; and

(e) Appropriate permitting for a secure community transition facility must be possible under the zoning code of the local jurisdiction.

(2) For sites which meet the criteria of subsection (1) of this section, the department shall analyze and compare the criteria in subsections (3) through (5) of this section using the method established in section 3 of this act.

(3) Public safety and security criteria shall include at least the following:

(a) Whether limited visibility between the facility and adjacent properties can be achieved prior to placement of any person;

(b) The distance from, and number of, risk potential activities and facilities, as measured using the rules adopted under section 3 of this act;

(d) Suitability of the buildings to be used for the secure community transition facility with regard to existing or feasibly modified features; and

(e) The availability of electronic monitoring that allows a resident's location to be determined with specificity.

(4) Site characteristics criteria shall include at least the following:

(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or rental agreement;

(b) Traffic and access patterns associated with the real property;

(d) A contractor or contractors are available to install, monitor, and repair the necessary security and alarm systems.

(5) Program characteristics criteria shall include at least the following:

(a) Reasonable proximity to available medical, mental health, sex offender, and chemical dependency treatment providers and facilities;

(b) Suitability of the location for programming, staffing, and support considerations;

(d) In facilities housing five or fewer residents, a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff during normal sleeping hours. In no case shall all staff on a shift be persons classified as entry or trainee level staff.

(6) Unless otherwise ordered by the court, at least one staff member, or other court-authorized and department-approved person must escort each resident when the resident leaves the site for appointments, employment, or other approved activities. Escorting persons must supervise the resident closely and maintain close proximity to the resident.

(7) For purposes of this section "available" or "availability" of qualified treatment providers includes provider qualifications and willingness to provide services, average commute time, and cost of services.

NEW SECTION. Sec. 6. A new section is added to chapter 71.09 RCW to read as follows:

Security systems for secure community transition facilities housing five or fewer residents shall meet the following minimum qualifications:

(1)(a) The security panel must be a commercial grade panel with tamper-proof switches and a key-lock to prevent unauthorized access.

(b) There must be an emergency electrical supply system which shall include a battery back-up system and a generator.

(2) The system must include personal panic devices for all staff.

(3) The security system must be capable of being monitored and signaled either by telephone through either a land or cellular telephone system or by private radio network in the event of a total dial-tone failure or through equivalent technologies.

(4) The department shall issue photo-identification badges to all staff which must be worn at all times.

NEW SECTION. Sec. 7. A new section is added to chapter 71.09 RCW to read as follows:

(1) Whenever the department of social and health services operates, or the secretary enters a contract to operate, a secure community transition facility, the secure community transition facility may be operated only after the public notification and opportunities for review and comment as required by this section.

(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating secure community transition facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a secure community transition facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a secure community transition facility may be sited.

(b) When the secretary or service provider has determined the secure community transition facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the secure community transition facility will be sited.

(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.

(d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days' advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the secure community transition facility would be sited or whose boundary is within two miles of a proposed secure community transition facility, any library district in which the secure community transition facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed secure community transition facility. Before initiating this process, the department of social and health services shall contact local government planning agencies in the communities containing the proposed secure community transition facility. The department of social and health services shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.

(3) Except as otherwise provided by law, this section applies only to secure community transition facilities sited after the effective date of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 71.09 RCW to read as follows:

(1) The secretary shall develop a process with local governments that allows each community in which a secure community transition facility is located to establish operational advisory boards for the secure community transition facilities. The department of social and health services may conduct community awareness activities to publicize this opportunity. The operational advisory boards developed under this section shall be implemented following the decision to locate a secure community transition facility in a particular community.

(2) The operational advisory boards may review and make recommendations regarding the security and operations of the secure community transition facility and conditions or modifications necessary with relation to any person who the secretary proposes to place in the secure community transition facility.

(3) The operational advisory boards, their members, and any agency represented by a member shall not be liable in any cause of action as a result of its recommendations unless the advisory board acts with gross negligence or bad faith in making a recommendation.

(4) Members of a board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 9. A new section is added to chapter 71.09 RCW to read as follows:

(1) The secretary shall adopt a violation reporting policy for persons conditionally released to less restrictive alternative placements in secure community transition facilities. The policy shall require written documentation by the department of social and health services and service providers of all violations of conditions set by the department of social and health services, the department of corrections, or the court and establish criteria for returning a violator to the special commitment center or a step-down facility. Any conditionally released person who commits a serious violation of conditions shall be returned to the special commitment center and the court shall be notified immediately and the court shall initiate proceedings under RCW 71.09.098 to revoke or modify the less restrictive alternative placement unless the department makes a good cause showing why proceedings should not be initiated. For the purposes of this section, "serious violation" includes but is not limited to:

(a) The commission of any criminal offense;

(b) Any unlawful use or possession of a controlled substance; and

(c) Any violation of conditions targeted to address the person's documented pattern of offense that increases the risk to public safety.

When a person is released to a less restrictive alternative in a secure community transition facility under this chapter and is under the supervision of the department of corrections, notice of any violation of the person's conditions of release must also be made to the department of corrections.

(2) Whenever the secretary contracts with a service provider to operate a secure community transition facility, the contract shall include a requirement that the service provider must report to the department of social and health services any known violation of conditions committed by any resident of the secure community transition facility.

(3) The secretary shall document in writing all violations, penalties, actions by the department of social and health services to remove persons from a secure community transition facility, and contract terminations. The secretary shall give great weight to a service provider's record of violations, penalties, actions by the department of social and health services or the department of corrections to remove persons from a secure community transition facility, and contract terminations in determining to execute, renew, or renegotiate a contract with a service provider.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) On or before September 1, 2002, the legislative authority of each county in the state shall adopt a countywide planning policy to establish the process for siting and to provide for an equitable distribution of secure community transition facilities as defined in RCW 71.09.020 within the county and the cities located in whole or in part within the county. The countywide planning policy required by this section shall be adopted in cooperation with the cities located in whole or in part within the county. Counties planning under the growth management act may integrate the planning policy required in the section with their growth management act planning process.

(2) The department of social and health services shall be notified by each county of its intent to begin the countywide planning policy process required by this section and the department shall be invited to participate in this process.

(3) The countywide planning policy required by this section shall, at a minimum, address the following:

(a) The location of existing secure community transition facilities;

(b) The social, economic, and other impacts of the existing secure community transition facilities on the communities in which they are located and the incremental impacts of siting additional secure community transition facilities in these communities;

(c) A proposed allocation for the siting of future secure community transition facilities among the county and the cities located in whole or in part within the county; and

(d) Coordination of development regulations, including but not limited to zoning regulations and design standards, to ensure that the proposed allocation of future secure community transition facilities can be achieved.

(4) The countywide planning policy required by this section shall:

(a) Be consistent with the siting criteria established pursuant to sections 3 and 5 through 7 of this act;

(b) Require any local conditional use permit or other development application process not to exceed sixty days in length and provide for an appeal process.

(5) Within six months of the date the countywide planning policy required by subsection (1) of this section is adopted, the county and each city within the county shall adopt development regulations implementing the policy adopted under this section through appropriate revisions to their comprehensive plan and development regulations.

NEW SECTION. Sec. 11. A new section is added to chapter 36.70 RCW to read as follows:

Counties planning under this chapter must adopt a countywide planning policy for the siting of secure community transition facilities that complies with the timelines and requirements of section 10 of this act.

Sec. 12. RCW 36.70A.200 and 1998 c 171 s 3 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, ((and)) group homes, and secure community transition facilities as defined in RCW 71.09.020.

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 13. A new section is added to chapter 71.09 RCW to read as follows:

Nothing in this act shall operate to restrict a court's authority to make less restrictive alternative placements to a committed person's individual residence. A court-ordered less restrictive alternative placement to a committed person's individual residence is not a less restrictive placement to a secure community transition facility.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

MOTIONS

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

On page 1, line 2 of the title, after "predators;" strike the remainder of the title and insert "amending RCW 71.09.020 and 36.70A.200; adding new sections to chapter 71.09 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; creating new sections; prescribing penalties; and declaring an emergency."

On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5845 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. 5845.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5845 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Absent: Senator Thibaudeau - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5845, 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. 6109, by Senators Patterson, Gardner and Kline (by request of Public Disclosure Commission)

Reporting election independent expenditures and contributions.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6109 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. 6109.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6109 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 6109, 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. 5273, by Senators Gardner, McCaslin, Haugen and Winsley

Revising election filing dates.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5273 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. 5273.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5273 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5273, 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. 5275, by Senators Gardner, McCaslin, Haugen, Costa and Kohl-Welles

Clarifying procedures for absentee voting and mail ballots.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5275 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. 5275.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5275 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 33.

Voting nay: Senators Benton, Deccio, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Parlette, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 16.

SENATE BILL NO. 5275, 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. 5914, by Senator Fraser

Concerning water rights on family farms.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5914 was substituted for Senate Bill No. 5914 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5914 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 Fraser, in looking at the description of the bill at the top of page forty-nine in the calendar, this statement is made, ‘The land from which a family farm permit has been transferred must obtain a permit to make any ground water withdrawal that is not already being made. This provision must be recorded by the county auditor. A certificate must be issued to the extent that water is being put to beneficial purpose.’ My question, Senator Fraser, is that practically all rural places have an irrigation well or irrigation source and an exempt domestic well. This says, ‘any use,’ so if you transfer your irrigation--and it says, ‘any other water right.’--does this bill attack your exempt permit on your domestic well?”

Senator Fraser: “Thank you for the question. I am very happy to clarify that because I asked that same question about the draft that we had. That requirement is prospective only. It doesn’t affect any existing wells. What I call this portion that you are referring to as ‘You can’t have your cake and eat it, too, amendment.’ The purpose of the amendment there is to say, ‘If you transfer your family farm water out of your property onto another property for another purpose--whatever that quantity is--you can’t then drill wells and get that same amount back by using another source from your property. In other words, you can’t give away your family farm water and then get more family farm water. It doesn’t affect existing wells or existing use or existing irrigation. It is prospective only. You can’t have your cake and eat it too--prospectively.”

Senator Hochstatter: “Thank you, Senator.”

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5914.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5914 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; 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, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel and Winsley - 31.

Voting nay: Senators Benton, Deccio, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, McCaslin, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, Thibaudeau, West and Zarelli - 18.

SUBSTITUTE SENATE BILL NO. 5914, 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. 5058, by Senators Gardner, Hale, Haugen, Horn, Costa, Patterson, Kline and McCaslin

Protecting records of strategy discussions.

The bill was read the second time.

MOTION

Senator McCaslin moved that the following amendment by Senators McCaslin, Hargrove and Costa be adopted:

On page 2, line 6, after "privacy." insert "After the arrest of a suspect and referral of the case to the prosecuting authority, basic arrest information contained within the police incident report is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330. After conviction, acquittal, dismissal of charges, or declination to file, the remainder of the investigative file in that particular case is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330."

POINT OF ORDER

Senator Kline: “A point of order, Mr. President. I want to phrase this in a way that does no harm to a very good piece of legislation put forth by Senator McCaslin. The question is whether the amendment fits within the scope and object of the underlying bill. The amendment does have something in common with the underlying bill in that it deals with the Public Disclosure Act, RCW 42.17. It has something else to do with the underlying bill in that the people whose secrets are kept happen to be in uniform, but beyond that, this is an entire different piece of legislation.”

Further debate ensued.

MOTION

On motion of Senator Snyder, further consideration of Senate Bill No. 5058 was deferred

SECOND READING

SENATE BILL NO. 5836, by Senators Fairley, Oke, Deccio, B. Sheldon, Winsley, Thibaudeau, Kline, Roach, Prentice, Constantine, Costa and Kohl-Welles

Creating the community health center capital trust fund account.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5836 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. 5836.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5836 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 1; Excused, 0.

Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McDonald, Morton, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Zarelli - 39.

Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, Long, Oke, Parlette, Rossi and Swecker - 9.

Absent: Senator McCaslin - 1.

SENATE BILL NO. 5836, 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. 6027, by Senators Fraser, Winsley and Finkbeiner (by request of Governor Locke)

Creating the diversification of electricity supply and demand management act.

MOTIONS

On motion of Senator Fraser, Second Substitute Senate Bill No. 6027 was substituted for Senate Bill No. 6027 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 6027 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Fraser: “A point of order, Mr. President. Would you please ask Senator Hochstatter to speak to the bill that is before us?”

Senator Hochstatter: "I think I just did."

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6027.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6027 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Horn, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli -24.

SECOND SUBSTITUTE SENATE BILL NO. 6027, 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. 5024, by Senators Jacobsen, Oke and Carlson

Declaring policies of the parks and recreation commission.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 5024 was substituted for Senate Bill No. 5024 and the substitute bill was placed on second reading and read the second time.

Senator Tim Sheldon moved that the following amendments by Senators Tim Sheldon, Parlette, Haugen, Hargrove and Morton be considered simultaneously and be adopted:

On page 1, at line 13, after "generations" insert: "; and

(c) All of the public ought to be able to enjoy these lands without any sort of fee for basic parkland access, including day use fees and daytime parking fees. Basic parkland access fees are not conducive to maximizing public access to these lands which all members of the public have helped to pay for. Automobile parking fees also encourage park visitors to park on neighboring land, causing disruption to citizens that are located near parks"

On page 2, at line 18, after "system;" strike "and"

On page 2, at line 19, after "vitality" insert: "; and

(f) Ensure that parks are open to all individuals, regardless of means, by not charging any sort of fee for basic parkland access including daytime parking fees, except that the commission may charge a boat moorage fee"

Debate ensued.

Senators Snyder, Prentice and Spanel 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.

The President declared the question before the Senate to be the adoption of the amendments by Senators Tim Sheldon, Parlette, Haugen, Hargrove and Morton on page 1, line 13, page 2, lines 18 and 19, to Substitute Senate Bill No. 5024.

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

MOTION

On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute Senate Bill No. 5024 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. 5024.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5024 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; 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, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.

Voting nay: Senators Regala, Snyder and Thibaudeau - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5024, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection the Senate resumed consideration of Senate Bill No. 5058 and the pending amendment by Senators McCaslin, Hargrove and Costa on page 2, line 6, deferred on second reading earlier today.

MOTION TO WITHDRAW SCOPE AND OBJECT REQUEST TO AMENDMENT TO SENATE BILL NO. 5058

There being no objection, Senator Kline withdrew his scope and object request to the amendment by Senators McCaslin, Hargrove and Costa on page 2, line 6, to Senate Bill No. 5058.

The President declared the question before the Senate to be the adoption of the amendment by Senators McCaslin, Hargrove and Costa on page 2, line 6, to Senate Bill No. 5058.

The motion by Senator McCaslin carried and the amendment on page 2, line 6, was adopted.

MOTION

On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 5058 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. 5058.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5058 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, 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 - 47.

Voting nay: Senator Fairley - 1.

Absent: Senator Deccio - 1.

ENGROSSED SENATE BILL NO. 5058, 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 Senate immediately consider Substitute Senate Bill No. 5625, the school accountability bill.

EDITOR'S NOTE: Substitute Senate Bill No. 5625 was deferred on second reading March 13, after an amendment to the striking amendment was adopted.

MOTION

Senator Snyder moved to lay the motion on the table.

The President declared the question before the Senate to be the motion by Senator Snyder to lay on the table the motion by Senator West to immediately consider Substitute Senate Bill No. 5625.

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 Snyder to lay on the table the motion by Senator West to immediately consider Substitute Senate Bill No. 5625.

ROLL CALL

Th e Secretary called the roll on the motion by Senator Snyder to lay on the table the motion by Senator West to immediately consider Substitute Senate Bill No. 5625 failed by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

Voting yea: 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.

The President declared the question before the Senate to be the motion by Senator West to immediately consider Substitute Senate Bill No. 5625.

PARLIAMENTARY INQUIRY

Senator Snyder: “Mr. President, a point of inquiry. Could you please tell me the status of the bill?"

REPLY BY THE PRESIDENT

President Owen: "That is what I am trying to unravel. It is on second reading. There is a striking amendment pending and an amendment has been adopted to the striking amendment and we have just learned that there is another amendment to be offered."

Senator Snyder: "Has the striking amendment been amended?"

President Owen: "The striking amendment has been amended--yes."

Senator Snyder: "And there is another amendment that has just been offered and has not been distributed yet?"

President Owen: "That is correct."

PARLIAMENTARY INQUIRY

Senator West: "Mr. President, a point of inquiry. The amendment that has just been offered on the desk is that to the bill or to the striking amendment?”

REPLY BY THE PRESIDENT

President Owen: "It is an amendment to the striking amendment, Senator West."

MOTION

Senator Snyder moved that Substitute Senate Bill No. 5625 be referred to the Committee on Education.

Debate ensued.

Senators Snyder, Franklin and Betti Sheldon 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.

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

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

ROLL CALL

The Secretary called the roll on the question if the main question be now put and the motion carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

MOTION

Senator Johnson moved that the Senate advance to the ninth order of business for the purpose of relieving the Committee on Education of Substitute Senate Bill No. 5625.

REPLY BY THE PRESIDENT

President Owen: "Senator Johnson, the motion to refer the bill to the Committee on Education has not been voted on yet. The last roll call was on the motion to cut off debate that a roll call was demanded on. Your motion is still pending unless you withdraw it, but there is nothing to take from the committee yet. The motion before the Senate is the motion by Senator Snyder to refer Substitute Senate Bill No. 5625 to the Committee on Education.”

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 Snyder to refer Substitute Senate Bill No. 5625 to the Committee on Education.

ROLL CALL

The Secretary called the roll and the motion by Senator Snyder to refer Substitute Senate Bill No. 5625 to the Committee on Education. carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

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

MOTION

Senator Johnson: "I move we now consider my motion to advance to the ninth order of business."

Senator Sheahan demanded a roll call and the demand was sustained

MOTION

Senator Snyder moved that the motion by Senator Johnson to advance to the ninth order of business be laid upon the table.

The President declared the question before the Senate to be the motion by Senator Snyder to lay upon the table the motion by Senator Johnson to advance to the ninth order of business.

The motion by Senator Snyder carried and the motion by Senator Johnson to advance to the ninth order of business was laid on the table.

MOTION

Senator Betti Sheldon moved that the Senate commence consideration of Senate Bill No. 5610.

POINT OF ORDER

Senator Sheahan: "Did we have a vote on Senator Johnson's motion or was that on the motion to table?"

REPLY BY THE PRESIDENT

President Owen: "The vote was the motion to table and it passed."

Senator Sheahan: "Thank you, Mr. President."

SECOND READING

SENATE BILL NO. 5610, by Senators Haugen, Carlson, Gardner and Winsley

Regulating traffic safety cameras.

MOTION

On motion of Senator Haugen, Substitute Senate Bill No. 5610 was substituted for Senate Bill No. 5610 and the substitute bill was placed on second reading and read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.63 RCW to read as follows:

(1) The use of traffic safety cameras is subject to the following regulations:

(a) The appropriate legislative authority must enact an ordinance allowing for their use to detect one or more of the following: Stoplight or railroad crossing violations. At a minimum, the local ordinance must contain the restrictions described in sections 1 through 4 of this act. Cities and counties using traffic safety cameras before the effective date of this act are subject to the restrictions described in sections 1 through 4 of this act, but are not required to enact an authorizing ordinance.

(b) Traffic safety cameras may take pictures of the vehicle and the vehicle license plate only.

(c) The jurisdiction must develop a public notification program for areas in which traffic safety cameras will be used. Under their respective jurisdictions, the law enforcement agency shall plainly mark the locations where the traffic safety cameras are used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by traffic safety cameras.

(d) A notice of traffic infraction must be mailed to the registered owner of the vehicle within fourteen days of the infraction occurring. The jurisdiction must not issue an additional infraction to the registered owner of the vehicle during the fourteen-day notification period.

(e) A person receiving a notice of traffic infraction based on evidence detected by a traffic safety camera may respond to the notice by mail.

(2) Infractions detected through the use of traffic safety cameras will be recorded as are stopping, standing, or parking violations under RCW 46.61.560, but are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120.

(3) The traffic safety commission may adopt rules regarding:

(a) Mechanical and operational standards for traffic safety camera equipment;

(b) The placement of signs to notify drivers that they are entering a jurisdiction or area that uses traffic safety cameras;

(4) Jurisdictions using traffic safety cameras must comply with any standards adopted under subsection (3) of this section.

Sec. 2. RCW 46.63.030 and 1995 c 219 s 5 are each amended to read as follows:

(1) A law enforcement officer has the authority to issue a notice of traffic infraction:

(a) When the infraction is committed in the officer's presence;

(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed; ((or))

(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction; or

(d) When a notice of traffic infraction may be mailed to the registered owner of or the person renting a vehicle as authorized under subsection (2) of this section.

(2) When a traffic safety camera is used in compliance with section 1 of this act, a law enforcement officer, whether present or not during the commission of the infraction, or other issuing agency may issue a notice of traffic infraction by mail to the registered owner of the vehicle or the person renting the vehicle. The registered owner of the vehicle or the person renting the vehicle is responsible for the infraction.

(3) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

(((3))) (4) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

(((4))) (5) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

NEW SECTION. Sec. 3. A new section is added to chapter 46.63 RCW to read as follows:

The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(2) unless within fifteen days after notification of the infraction the registered owner furnishes the officials or agents of the municipality that issued the notice of infraction with:

(1) An affidavit made under oath, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner; or

(2) Testimony in open court under oath that the person was not the operator of the vehicle at the time of the alleged infraction.

NEW SECTION. Sec. 4. A new section is added to chapter 46.63 RCW to read as follows:

If a notice of traffic infraction is sent to the registered owner under RCW 46.63.030(2) and the registered owner is a rental car business, the infraction will be dismissed against the business if it mails to the issuing agency, within fourteen days of receiving the notice, the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign an affidavit making this declaration. The affidavit must be mailed to the issuing agency within fourteen days of receiving the notice of infraction. An affidavit form suitable for this purpose must be included with each infraction issued, along with instructions for its completion and use.

Sec. 5. RCW 46.63.140 and 1980 c 128 s 11 are each amended to read as follows:

(1) In any traffic infraction case involving a violation of this title or equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing, or parking in violation of any such provision of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, ((shall)) constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.

(2) The foregoing stated presumption ((shall apply)) applies only when the procedure prescribed in RCW 46.63.030(((3))) (4) has been followed.

NEW SECTION. Sec. 6. The legislature respectfully requests the Washington state supreme court to amend the Infraction Rules for Courts of Limited Jurisdiction to conform to this act. Furthermore, the legislature respectfully asks the court to create a notice of traffic infraction that is consistent with this act."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Hargrove and Oke to Substitute Senate Bill No. 5610.

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

MOTIONS

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

On line 1 of the title, after "cameras;" strike the remainder of the title and insert "amending RCW 46.63.030 and 46.63.140; adding new sections to chapter 46.63 RCW; and creating a new section."

On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5610 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Snyder: "It is now 4:55 p.m. and time for the special order of business on Senate Bill No. 5912.

PARLIAMENTARY INQUIRY

Senator Snyder: A parliamentary inquiry, Mr. President. Under the Senate Rules, are we able to come back and take up Engrossed Substitute Senate Bill No. 5610 after we end up the special order of business?"

REPLY BY THE PRESIDENT

- President Owen: "Yes, Senator Snyder, under the Senate Rules you can--we will."

Senator Snyder: "Thank you."

SPECIAL ORDER OF BUSINESS

SECOND READING

SENATE BILL NO. 5912, by Senators Fraser, Morton, Regala, Patterson, Oke, Kohl-Welles and Haugen

Siting energy facilities.

MOTIONS

On motion of Senator Fraser, Second Substitute Senate Bill No. 5912 was substituted for Senate Bill No. 5912 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5912 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 Patterson: "Senator Fraser, because there is a large public facility in my district that is causing my citizens a lot of trouble--lowering their property values and creating a lot of environmental damage to my district, I am interested to know what this bill says about siting of the facilities and how the bill addresses the mitigation of the impact of those sitings to the citizens who may live near the facilities?" Senator Fraser: "Senator Patterson, I think there are a couple of things I could say in response to that question. First, additional public hearing is required. Secondly, it doesn't change any of the standards for mitigation of the plant or the pipeline or whatever. So, existing laws on air and water, for example, continue to apply. The bill does give more deference to local land use planning and zoning. Under current law, they can totally preempt it. Under this proposal, they can still preempt it, but they have to go through a process of listening to the local people before they would decide that. So, that is what I mean when I say it would give a little more deference and the other is by not allowing preemption of priority lands such as parks without their permission or subject to conditions they would require is another way to be sensitive to the local community.”

Further debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5912.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5912 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

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

Voting nay: Senators Constantine, Costa, Fairley, Honeyford, Kline, Kohl-Welles, Patterson and Thibaudeau - 8.

SECOND SUBSTITUTE SENATE BILL NO. 5912, 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 Benton was excused.

There being no objection, the President advanced the Senate to the seventh order of business to consider Engrossed Substitute Senate Bill No. 5610 deferred before the Special Order of Business.

Debate ensued.

Senators McCaslin, Snyder and Betti Sheldon 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.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5610.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5610 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fraser, Gardner, Hale, Hargrove, Haugen, Horn, Jacobsen, Kastama, Kline, Long, McAuliffe, McCaslin, Oke, Parlette, Prentice, Rasmussen, Regala, Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 27.

Voting nay: Senators Constantine, Deccio, Fairley, Finkbeiner, Franklin, Hewitt, Hochstatter, Honeyford, Johnson, Kohl-Welles, McDonald, Morton, Patterson, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Stevens, West and Zarelli - 21.

Excused: Senator Benton - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5610, 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 Rasmussen: "I rise to a point of personal privilege, Mr. President. I would just like to thank you for putting up with us. We have been having entirely too much fun and a lot of time you looked like you were the teacher up there to scold us, but you just couldn't handle us all. We have had a wonderful time this last week. I think you deserve a round of applause."

REPLY BY THE PRESIDENT

President Owen: "If you have been having so much fun, I obviously have not been tough enough."

MOTION

At 5:26 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, March 15, 2001.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate