NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
EIGHTY-SEVENTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Cherberg Building, Olympia, Wednesday, April 4, 2001
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Deccio, Finkbeiner, Franklin, Hargrove and McDonald. On motion of Senator Honeyford, Senators Deccio, Finkbeiner and McDonald were excused.
The Sergeant at Arms Color Guard, consisting of Pages Alison Albrecht and Kari Boersen, presented the Colors. Senator Karen Fraser offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE HOUSE
April 3, 2001
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625,
HOUSE BILL NO. 1633, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6173 by Senators Horn and McCaslin
AN ACT Relating to the recovery of taxpayer litigation expenses; and adding a new section to chapter 84.08 RCW.
Referred to Committee on Judiciary.
SCR 8415 by Senators Snyder and West
Amending cutoff dates.
HOLD.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1625 by House Committee on Capital Budget (originally sponsored by Representatives Esser, McIntire, Alexander and Murray) (by request of Office of Financial Management)
Providing for supplemental capital budget appropriations.
HOLD.
HB 1633 by Representatives Campbell and Cody (by request of Insurance Commissioner Kreidler)
Making technical corrections to provisions concerning the individual health insurance market.
Referred to Committee on Health and Long-Term Care.
MOTIONS
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8415 was advanced to second reading and placed on the second reading calendar.
On motion of Senators Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 1625 was advanced to second reading and placed on the second reading calendar.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the following young ladies representing the Washington State Dairy Ambassador Group, who were seated on the rostrum. Alternate Kim DeVries, representing the Skagit-Island Counties; Alternate Libby Goeres, representing Grays Harbor County, Allison Hurst, the Snohomish County Dairy Ambassador, and the State’s Dairy Ambassador, Corinne Koopmans from Zillah, who will be the official spokesperson for the Dairy Farmers of Washington and will be a full time advertising/marketing intern at the Washington Dairy Products Commission Office in Lynnwood.
With permission of the Senate, business was suspended to permit Ambassador Corinne to address the Senate.
PERSONAL PRIVILEGE
Senator Rasmussen: “A personal privilege, Mr. President. I, too, would like to welcome the dairy ambassadors to the Senate. A couple of weeks ago, we had a floor resolution and while not having a chance to read the floor resolution again to the body, I do think that it is appropriate that we give time to honor the dairy industry and also farming in general. I think it is tremendously important to our economy, but more important to a way of life. These young people represent the cream of the crop. They are the young people that will be our future leaders, but more importantly, they will be the foundation and stability for the state of Washington. So, I too, would like to welcome them here and to give them the resolution we read in session a couple of weeks ago, because we were not sure what the stability of this place would be. I know the stability of farming in this state is tremendously important to all of us. I thank you for being here.”
Senator Honeyford also thanked the Ambassador Group for visiting the Senate.
MOTION
On motion of Senator Spanel, the following resolution was adopted:
SENATE RESOLUTION 2001-8633
By Senators Spanel and Haugen
WHEREAS, The beautiful Skagit Valley is the tulip capital of the Northwest; and
WHEREAS, Every April, the tulips are in bloom, celebrating the beginning of spring; and
WHEREAS, The Skagit Valley Tulip Festival begins the festival season in Washington State; and
WHEREAS, This year’s eighteenth annual event will run from April 6th through April 22nd, focusing on the communities of Sedro-Woolley, Burlington, Anacortes, La Conner, Mount Vernon, Concrete and Conway; and
WHEREAS, this year’s Tulip Festival Ambassadors will ably and personably perform their responsibilities as representatives of this festival; and
WHEREAS, more than half a million people visited the Skagit Valley Tulip Festival last year, participating in the joy and excitement of this annual event, and contributing to the economy of the Skagit Valley; and
WHEREAS, This year’s visitors will be greeted by more than one thousand five hundred acres of tulips reflecting all the colors of the rainbow, by the fullness of life in the valley and its wonderful people; and
WHEREAS, Highlights of the event include the Kiwanis Annual Salmon Barbeque, the Tulip Pedal Bike Ride, the Tulip 10k Slug Run/Walk, the Downtown Mount Vernon Street Fair, and much more;
NOW, THEREFORE, BE IT RESOLVED, That the Senate salute the seven communities of the Skagit Valley, their Chambers of Commerce, Skagit Valley Tulip Festival Ambassadors, and the Tulip Festival Committee for their Skagit Valley Tulip Festival; and
BE IT FURTHER RESOLVED, That the Senate commend the community leaders and corporate sponsors for the success of this important event and encourage citizens from across Washington State to take the time to enjoy this spectacular display; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Audrey Smith, Tulip Festival Executive Director, and the Skagit Valley Tulip Festival Ambassadors.
Senators Spanel and Haugen spoke to Senate Resolution 2001-8633.
HAPPY BIRTHDAY TO SENATOR FAIRLEY
The President extended Happy Birthday Wishes to Senator Fairley.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1055, by Representatives Haigh and Eickmeyer
Exempting certain leasehold interests from leasehold excise tax.
The bill was read the second time.
MOTION
On motion of Senator Brown, the rules were suspended, House Bill No. 1055 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1055.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1055 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 2; Excused, 3.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, 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 - 42.
Voting nay: Senators Benton and Honeyford - 2.
Absent: Senators Franklin and Hargrove - 2.
Excused: Senators Deccio, Finkbeiner and McDonald - 3.
HOUSE BILL NO. 1055, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1349, by House Committee on Appropriations (originally sponsored by Representatives Kessler, Buck, Morris, Sehlin, Linville and Rockefeller)
Authorizing a funding mechanism for removal and disposal of derelict vessels.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1349 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1349.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1349 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, 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 Deccio and McDonald - 2.
SUBSTITUTE HOUSE BILL NO. 1349, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
HAPPY BIRTHDAY TO SENATOR FRANKLIN
The President extended Happy Birthday Wishes to Senator Franklin.
PERSONAL PRIVILEGE
Senator Franklin: “A point of personal privilege, Mr. President. I was keeping very quiet and I suspect I know the person who might have told that I am having a birthday today, because as you know it is on the same day each year. I think she left her seat; there she is. I don’t count birthdays anymore. I just keep moving. Thank you.”
PERSONAL PRIVILEGE
Senator Prentice: Mr. President, I also rise to a point of personal privilege. I would like to inquire of Rosa Franklin that while I have known her for about forty years--she hasn’t aged a day.”
Senator Franklin: “I gratefully admit my age, because I am aging with grace. I am seventy-four.”
SECOND READING
HOUSE BILL NO. 1313, by Representatives Cox, Kenney, Lantz, Dunn, Rockefeller and Haigh (by request of Workforce Training and Education Coordinating Board)
Changing liability and licensure provisions for private vocational schools.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1313 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1313.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1313 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, 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 McDonald - 1.
HOUSE BILL NO. 1313, 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 Morton: “Mr. President, a point of personal privilege. Ladies and gentlemen of the Senate, I had the privilege, a few minutes ago to place on your desks information pertaining to the county of Okanagan. I believe this information will be helpful to you as you come to understand the dilemma of Okanagan and I wanted you to have it for informational purposes--and I hope that you will read it. The citizens of the county of Okanagan and their county commissioners have drawn a line in the sand and they have said that beyond this point, we will go no further. So, they are suing--and that is what this is about--they are suing the federal government, the National Marine Fisheries, the United States Forest Service and the outcome of this will determine state’s rights and do we really have the state’s rights of water and its use or do we not? It is a major undertaking for this county, and Mr. President, will have a major impact on the decision from it for the whole of the state. I wanted you to have this information. Thank you, Mr. President.”
SECOND READING
HOUSE BILL NO. 1548, by Representatives Kirby and Carrell
Expanding the small works roster process to include metropolitan park districts.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1548 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1548.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1548 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 40.
Voting nay: Senators Hewitt, Hochstatter, Honeyford, Horn, Johnson, Morton, Rossi and Zarelli - 8.
Excused: Senator McDonald - 1.
HOUSE BILL NO. 1548, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1864, by Representatives Dickerson, Casada and McIntire
Revising information requirements in family law court files.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed House Bill No. 1864 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1864.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1864 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, 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 McDonald - 1.
ENGROSSED HOUSE BILL NO. 1864, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1309, by Representatives Edwards, Van Luven, Cody, Skinner, Schual-Berke, O'Brien, Reardon, Mulliken, Dunshee, Pennington, Rockefeller, Eickmeyer, Ruderman, Darneille, Fromhold, Wood, Cooper, Hatfield, Linville, Grant, Keiser, Kenney, McIntire, Campbell, Edmonds and Kagi
Establishing training standards for hemodialysis technicians.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1309 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1309.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1309 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
HOUSE BILL NO. 1309, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF TULIP AMBASSADORS
The President welcomed and introduced the tulip ambassadors, Mariksa Marske and Josh Murdock, and the Tulip Festival Executive Director, Audrey Smith, who were seated on the rostrum. Senate Resolution 2001-8633, honoring the Skagit Valley Tulip Festival was read in earlier today.
MOTION
On motion of Senator Eide, Senator Gardner was excused.
SECOND READING
HOUSE BILL NO. 1317, by Representatives Ballasiotes and Morell
Removing the expiration date on emergency administration of epinephrine.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, House Bill No. 1317 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1317.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1317 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, 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 Gardner - 1.
HOUSE BILL NO. 1317, 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 CONCURRENT RESOLUTION NO. 8410, by Senators T. Sheldon, Rossi and B. Sheldon
Studying wireless communication.
MOTIONS
On motion of Senator Tim Sheldon, Substitute Senate Concurrent Resolution No. 8410 was substituted for Senate Concurrent Resolution No. 8410 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Concurrent Resolution No. 8410 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 Concurrent Resolution No. 8410.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8410 and the concurrent resolution passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Absent: Senator West - 1.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8410, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1135, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Esser and McDermott)
Modifying power of attorney provisions.
The bill was read the second time.
MOTIONS
On motion of Senator Kline, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) An appointment of a principal's spouse as attorney in fact, including appointment as successor or co-attorney in fact, under a power of attorney shall be revoked upon entry of a decree of dissolution or legal separation or declaration of invalidity of the marriage of the principal and the attorney in fact, unless the power of attorney or the decree provides otherwise. The effect of this revocation shall be as if the spouse resigned as attorney in fact, or if named as successor attorney in fact, renounced the appointment, as of the date of entry of the decree or declaration, and the power of attorney shall otherwise remain in effect with respect to appointments of other persons as attorney in fact for the principal or procedures prescribed in the power of attorney to appoint other persons, and any terms relating to service by persons as attorney in fact.
(2) This section applies to all decrees of dissolution and declarations of invalidity of marriage entered after the effective date of this act.
Sec. 2. RCW 11.94.040 and 1985 c 30 s 28 are each amended to read as follows:
(1) Any person acting without negligence and in good faith in reasonable reliance on a power of attorney shall not incur any liability ((thereby)).
(2) If the attorney in fact presents the power of attorney to a third person and requests the person to accept the attorney in fact's authority to act for the principal, and also presents to the person an acknowledged affidavit or declaration signed under penalty of perjury in the form designated in RCW 9A.72.085, signed and dated contemporaneously with presenting the power of attorney, which meets the requirements of subsection (3) of this section, and the person accepting the power of attorney has examined the power of attorney and confirmed the identity of the attorney in fact, then the person's reliance on the power of attorney is presumed to be without negligence and in good faith in reasonable reliance, which presumption may be rebutted by clear and convincing evidence that the person accepting the power of attorney knew or should have known that one or more of the material statements in the affidavit is untrue. It shall not be found that an organization knew or should have known of circumstances that would revoke or terminate the power of attorney or limit or modify the authority of the attorney in fact, unless the individual accepting the power of attorney on behalf of the organization knew or should have known of the circumstances.
(3) An affidavit presented pursuant to subsection (2) of this section shall state that:
(a) The person presenting himself or herself as the attorney in fact and signing the affidavit or declaration is the person so named in the power of attorney;
(b) If the attorney in fact is named in the power of attorney as a successor attorney in fact, the circumstances or conditions stated in the power of attorney that would cause that person to become the acting attorney in fact have occurred;
(c) To the best of the attorney in fact's knowledge, the principal is still alive;
(d) To the best of the attorney in fact's knowledge, at the time the power of attorney was signed, the principal was competent to execute the document and was not under undue influence to sign the document;
(e) All events necessary to making the power of attorney effective have occurred;
(f) The attorney in fact does not have actual knowledge of the revocation, termination, limitation, or modification of the power of attorney or of the attorney in fact's authority;
(g) The attorney in fact does not have actual knowledge of the existence of other circumstances that would limit, modify, revoke, or terminate the power of attorney or the attorney in fact's authority to take the proposed action;
(h) If the attorney in fact was married to the principal at the time of execution of the power of attorney, then at the time of signing the affidavit or declaration, the marriage of the principal and the attorney in fact has not been dissolved or declared invalid; and
(i) The attorney in fact is acting in good faith pursuant to the authority given under the power of attorney.
(4) Unless the document contains a time limit, the length of time which has elapsed from its date of execution shall not prevent a party from reasonably relying on the document.
(5) Unless the document contains a requirement that it be filed for record to be effective, a person ((shall)) may place reasonable reliance on it regardless of whether it is so filed.
NEW SECTION. Sec. 3. (1) A person designated in section 4 of this act may file a petition requesting that the court:
(a) Determine whether the power of attorney is in effect or has terminated;
(b) Compel the attorney in fact to submit the attorney in fact's accounts or report the attorney in fact's acts as attorney in fact to the principal, the spouse of the principal, the guardian of the person or the estate of the principal, or to any other person required by the court in its discretion, if the attorney in fact has failed to submit an accounting or report within sixty days after written request from the person filing the petition, however, a government agency charged with the protection of vulnerable adults may file a petition upon the attorney in fact's refusal or failure to submit an accounting upon written request and shall not be required to wait sixty days;
(c) Ratify past acts or approve proposed acts of the attorney in fact;
(d) Order the attorney in fact to exercise or refrain from exercising authority in a power of attorney in a particular manner or for a particular purpose;
(e) Modify the authority of an attorney in fact under a power of attorney;
(f) Remove the attorney in fact on a determination by the court of both of the following:
(i) The attorney in fact has violated or is unfit to perform the fiduciary duties under the power of attorney; and
(ii) The removal of the attorney in fact is in the best interest of the principal;
(g) Approve the resignation of the attorney in fact and approve the final accountings of the resigning attorney in fact if submitted, subject to any orders the court determines are necessary to protect the principal's interests;
(h) Confirm the authority of a successor attorney in fact to act under a power of attorney upon removal or resignation of the previous attorney in fact;
(i) Compel a third person to honor the authority of an attorney in fact, provided that a third person may not be compelled to honor the agent's authority if the principal could not compel the third person to act in the same circumstances;
(j) Order the attorney in fact to furnish a bond in an amount the court determines to be appropriate.
(2) The petition shall contain a statement identifying the principal's known immediate family members, and any other persons known to petitioner to be interested in the principal's welfare or the principal's estate, stating which of said persons have an interest in the action requested in the petition and explaining the determination of who is interested in the petition.
NEW SECTION. Sec. 4. (1) A petition may be filed under section 3 of this act by any of the following persons:
(a) The attorney in fact;
(b) The principal;
(c) The spouse of the principal;
(d) The guardian of the estate or person of the principal; or
(e) Any other interested person, as long as the person demonstrates to the court's satisfaction that the person is interested in the welfare of the principal and has a good faith belief that the court's intervention is necessary, and that the principal is incapacitated at the time of filing the petition or otherwise unable to protect his or her own interests.
(2) Notwithstanding section 1 of this act, the principal may specify in the power of attorney by name certain persons who shall have no authority to bring a petition under section 3 of this act with respect to the power of attorney. This provision is enforceable:
(a) If the person so named is not at the time of filing the petition the guardian of the principal;
(b) If at the time of signing the power of attorney the principal was represented by an attorney who advised the principal regarding the power of attorney and who signed a certificate at the time of execution of the power of attorney, stating that the attorney has advised the principal concerning his or her rights, the applicable law, and the effect and consequences of executing the power of attorney; or
(c) If (a) and (b) of this subsection do not apply, unless the person so named can establish that the principal was unduly influenced by another or under mistaken beliefs when excluding the person from the petition process, or unless the person named is a government agency charged with protection of vulnerable adults.
NEW SECTION. Sec. 5. In ruling on a petition filed under section 3 of this act and ordering any relief, the court must consider the best interests of the principal and will order relief that is the least restrictive to the exercise of the power of attorney while still adequate in the court's view to serve the principal's best interests. Upon entry of an order ruling on a petition, the court's oversight of the attorney in fact's actions and of the operation of the power of attorney ends unless another petition is filed under this chapter or unless the order specifies further court involvement that is necessary for a resolution of the issues raised in the petition.
NEW SECTION. Sec. 6. In any proceeding commenced by the filing of a petition under section 3 of this act by a person other than the attorney in fact, the court may in its discretion award costs, including reasonable attorneys' fees, to any person participating in the proceedings from any other person participating in the proceedings, or from the assets of the principal, as the court determines to be equitable. In determining what is equitable in making the award, the court must consider whether the petition was filed without reasonable cause, and order costs and fees paid by the attorney in fact individually only if the court determines that the attorney in fact has clearly violated his or her fiduciary duties or has refused without justification to cooperate with the principal or the principal's guardian or personal representative. In a proceeding to compel a third party to accept a power of attorney, the court may order costs, including reasonable attorneys' fees, to be paid by the third party only if the court determines that the third party did not have a good faith concern that the attorney in fact's exercise of authority would be improper. To the extent this section is inconsistent with RCW 11.96A.150, this section controls the award of costs and attorneys' fees in proceedings brought under section 3 of this act.
NEW SECTION. Sec. 7. The provisions of chapter 11.96A RCW, except for RCW 11.96A.260 through 11.96A.320, are applicable to proceedings commenced by the filing of a petition under section 3 of this act.
NEW SECTION. Sec. 8. (1) The following persons are entitled to notice of hearing on any petition under section 3 of this act:
(a) The principal;
(b) The principal's spouse;
(c) The attorney in fact;
(d) The guardian of the estate or person of the principal;
(e) Any other person identified in the petition as being interested in the action requested in the petition, or identified by the court as having a right to notice of the hearing. If a person would be excluded from bringing a petition under section 4(2) of this act, then that person is not entitled to notice of the hearing.
(2) Notwithstanding subsection (1) of this section, if the whereabouts of the principal are unknown or the principal is otherwise unavailable to receive notice, the court may waive the requirement of notice to the principal, and if the principal's spouse is similarly unavailable to receive notice, the court may waive the requirement of notice to the principal's spouse.
(3) Notice must be given as required under chapter 11.96A RCW, except that the parties entitled to notice shall be determined under this section.
Sec. 9. RCW 11.96A.040 and 1999 c 42 s 201 are each amended to read as follows:
(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
(3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42 RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
(4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
Sec. 10. RCW 11.96A.050 and 1999 c 42 s 202 are each amended to read as follows:
(1) Venue for proceedings pertaining to trusts shall be:
(a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where letters testamentary were granted to a personal representative of the estate subject to the will or, in the alternative, the superior court of the county of the situs of the trust; and
(b) For all other trusts, in the superior court of the county in which the situs of the trust is located, or, if the situs is not located in the state of Washington, in any county.
(2) Venue for proceedings subject to chapter 11.88 or 11.92 RCW shall be determined under the provisions of those chapters.
(3) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1) or (2) of this section, may be in any county in the state of Washington. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237, and except for good cause shown, venue must be moved as follows:
(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or
(b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might be;
(ii) If there are no probate assets, any county where any nonprobate asset might be; or
(iii) The county in which the decedent died.
(4) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title shall be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (2) of this section.
(5) Venue for proceedings pertaining to powers of attorney shall be in the superior court of the county of the principal's residence, except for good cause shown.
(6) If venue is moved, an action taken before venue is changed is not invalid because of the venue.
(((6))) (7) Any request to change venue that is made more than four months after the commencement of the action may be granted in the discretion of the court.
Sec. 11. RCW 11.96A.120 and 1999 c 42 s 305 are each amended to read as follows:
(1) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and shall not be construed as limiting the application of that common law doctrine.
(2) Any notice requirement in this title is satisfied if notice is given as follows:
(a) Where an interest in an estate, trust, or nonprobate asset or an interest that may be affected by a power of attorney has been given to persons who comprise a certain class upon the happening of a certain event, notice may be given to the living persons who would constitute the class if the event had happened immediately before the commencement of the proceeding requiring notice, and the persons shall virtually represent all other members of the class;
(b) Where an interest in an estate, trust, or nonprobate asset or an interest that may be affected by a power of attorney has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or to persons who are, or might be, the distributees, heirs, issue, or other kindred of that living person upon the happening of a future event, notice may be given to that living person, and the living person shall virtually represent the surviving spouse, distributees, heirs, issue, or other kindred of the person; and
(c) Except as otherwise provided in this subsection, where an interest in an estate, trust, or nonprobate asset or an interest that may be affected by a power of attorney has been given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of the interest is to pass to another person or class of persons, or both, upon the happening of an additional future event, notice may be given to the living person or persons who would take the interest upon the happening of the first event, and the living person or persons shall virtually represent the persons and classes of persons who might take on the happening of the additional future event.
(3) A party is not virtually represented by a person receiving notice if a conflict of interest involving the matter is known to exist between the notified person and the party.
(4) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.
Sec. 12. RCW 11.94.050 and 1989 c 87 s 1 are each amended to read as follows:
(1) Although a designated attorney in fact or agent has all powers of absolute ownership of the principal, or the document has language to indicate that the attorney in fact or agent shall have all the powers the principal would have if alive and competent, the attorney in fact or agent shall not have the power to make, amend, alter, or revoke the principal's wills or codicils, and shall not have the power, unless specifically provided otherwise in the document: To make, amend, alter, or revoke any of the principal's ((wills, codicils,)) life insurance, annuity, or similar contract beneficiary designations, employee benefit plan beneficiary designations, trust agreements, registration of the principal's securities in beneficiary form, payable on death or transfer on death beneficiary designations, designation of persons as joint tenants with right of survivorship with the principal with respect to any of the principal's property, community property agreements, or any other provisions for nonprobate transfer at death contained in nontestamentary instruments described in RCW 11.02.091; to make any gifts of property owned by the principal; to make transfers of property to any trust (whether or not created by the principal) unless the trust benefits the principal alone and does not have dispositive provisions which are different from those which would have governed the property had it not been transferred into the trust, or to disclaim property.
(2) Nothing in subsection (1) of this section prohibits an attorney in fact or agent from making any transfer of resources not prohibited under chapter 74.09 RCW when the transfer is for the purpose of qualifying the principal for medical assistance or the limited casualty program for the medically needy.
NEW SECTION. Sec. 13. Sections 1 and 3 through 8 of this act are each added to chapter 11.94 RCW."
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 1 of the title, after "attorney;" strike the remainder of the title and insert "amending RCW 11.94.040, 11.96A.040, 11.96A.050, 11.96A.120, and 11.94.050; and adding new sections to chapter 11.94 RCW."
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1135, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1135, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1135, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Gardner - 1.
SUBSTITUTE HOUSE BILL NO. 1135, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5523, by Senators Horn, Rossi and Snyder
Authorizing an offset for certain overpayments of tax concerning leased equipment.
The bill was read the second time.
MOTION
On motion of Senator Brown, the rules were suspended, Senate Bill No. 5523 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5523.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5523 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Gardner - 1.
SENATE BILL NO. 5523, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1546, by Representatives Schual-Berke, Campbell, Ballasiotes, D. Schmidt, Simpson, Conway, Keiser, Darneille, Kagi, Woods, Ruderman, Hurst and McIntire (by request of Secretary of State Reed)
Authorizing address confidentiality for victims of stalking.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1546 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1546.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1546 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Deccio - 1.
Excused: Senator Gardner - 1.
HOUSE BILL NO. 1546, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5894, by Senators Patterson and Rossi
Modifying the taxation of lodging.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5894 was substituted for Senate Bill No. 5894 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5894 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. 5894.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5894 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senator Long - 1.
Absent: Senator Deccio - 1.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE BILL NO. 5894, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1280, by Representatives Simpson, Ballasiotes, O'Brien, Cairnes, Lovick, Santos, Armstrong, Campbell and Keiser
Increasing the seriousness ranking for hit and run--death.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 1280 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1280.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1280 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Voting nay: Senators Deccio, Finkbeiner, Hale, Hochstatter, McCaslin, Morton and Stevens - 7.
Excused: Senator Gardner - 1.
HOUSE BILL NO. 1280, 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. 5947, by Senators Rasmussen, Morton, Gardner and Honeyford
Providing tax exemptions and credits to dairy farmers.
MOTIONS
On motion of Senator Rasmussen, Second Substitute Senate Bill No. 5947 was substituted for Senate Bill No. 5947 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Second Substitute Senate Bill No. 5947 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5947.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5947 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Regala - 1.
Excused: Senator Gardner - 1.
SECOND SUBSTITUTE SENATE BILL NO. 5947, 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 CONCURRENT RESOLUTION NO. 8404, by Senators Kohl-Welles, Prentice, Winsley, Carlson, Horn, McAuliffe and Franklin
Adopting the update to the state comprehensive plan for work force training and education.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Concurrent Resolution No. 8404 was substituted for Senate Concurrent Resolution No. 8404 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Concurrent Resolution No. 8404 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8404.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8404 and the concurrent resolution passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, 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 and Winsley - 46.
Voting nay: Senators Hochstatter and Zarelli - 2.
Excused: Senator Gardner - 1.
SUBSTITUTE CONCURRENT RESOLUTION NO. 8404, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1027, by House Committee on Commerce and Labor (originally sponsored by Representatives Cairnes, Cody, Kenney, D. Schmidt and Dunn) (by request of Horse Racing Commission)
Establishing the live horse racing compact.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1027 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1027.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1027 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 39.
Voting nay: Senators Fairley, Hargrove, Haugen, Hochstatter, Long, Oke, Parlette, Stevens and Thibaudeau - 9.
Excused: Senator Gardner - 1.
SUBSTITUTE HOUSE BILL NO. 1027, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8403, by Senators T. Sheldon, Swecker, Kline, Regala, Prentice and Costa
Promoting state and tribal relations.
MOTIONS
On motion of Senator Kline, Substitute Senate Concurrent Resolution No. 8403 was substituted for Senate Concurrent Resolution No. 8403 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Concurrent Resolution No. 8403 was advanced to third reading, the second reading considered the third and the concurrent resolution 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 Concurrent Resolution No. 8403.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8403 and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, 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 - 45.
Voting nay: Senators Deccio, Hochstatter and Honeyford - 3.
Excused: Senator Gardner - 1.
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8403, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 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.
The bill was read the second time.
MOTION
On motion of Senator Kline, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 10.14.080 and 1995 c 246 s 36 are each amended to read as follows:
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing. The ex parte order and notice of hearing shall include at a minimum the date and time of the hearing set by the court to determine if the temporary order should be made effective for one year or more, and notice that if the respondent should fail to appear or otherwise not respond, an order for protection will be issued against the respondent pursuant to the provisions of this chapter, for a minimum of one year from the date of the hearing. The notice shall also include a brief statement of the provisions of the ex parte order and notify the respondent that a copy of the ex parte order and notice of hearing has been filed with the clerk of the court.
(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.
(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. This limitation is not applicable to civil antiharassment protection orders issued under chapter 26.09, 26.10, or 26.26 RCW. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance;
(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and
(d) Considering the provisions of RCW 9.41.800.
(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.
(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 2. RCW 10.14.100 and 1992 c 143 s 15 are each amended to read as follows:
(1) An order issued under this chapter shall be personally served upon the respondent, except as provided in subsections (5) and (7) of this section.
(2) The sheriff of the county or the peace officers of the municipality in which the respondent resides shall serve the respondent personally unless the petitioner elects to have the respondent served by a private party.
(3) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff or municipal peace officer shall notify the petitioner.
(4) Returns of service under this chapter shall be made in accordance with the applicable court rules.
(5) If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. The court's order, entered after a hearing, need not be served on a respondent who fails to appear before the court, if material terms of the order have not changed from those contained in the temporary order, and it is shown to the court's satisfaction that the respondent has previously been personally served with the temporary order.
(6) Except in cases where the petitioner is granted leave to proceed in forma pauperis, municipal police departments serving documents as required under this chapter may collect the same fees for service and mileage authorized by RCW 36.18.040 to be collected by sheriffs.
(7) If the court previously entered an order allowing service by publication of the notice of hearing and temporary order of protection pursuant to RCW 10.14.085, the court may permit service by publication of the order of protection issued under RCW 10.14.080. Service by publication must comply with the requirements of RCW 10.14.085."
MOTIONS
On motion of Senator Kline, the following title amendment was adopted.
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "and amending RCW 10.14.080 and 10.14.100."
On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1591, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1591, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1591, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Gardner - 1.
SUBSTITUTE HOUSE BILL NO. 1591, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:02 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:05 p.m. by President Pro Tempore Franklin.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9113, Donald V. Rhodes, as a member of the Board of Trustees for South Puget Sound Community College District No. 24, was confirmed.
APPOINTMENT OF DONALD V. RHODES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 6; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Absent: Senators Constantine, Fairley, McCaslin, McDonald, Sheldon, T. and Snyder - 6.
MOTIONS
On motion of Senator Honeyford, Senators McCaslin and McDonald were excused.
On motion of Senator Eide, Senators Constantine and Kline were excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1384, by House Committee on State Government (originally sponsored by Representatives Romero, McMorris, Simpson, Conway, Miloscia, Haigh, D. Schmidt, Clements, Delvin, Hunt, Lambert, Benson and Schindler) (by request of State Auditor Sonntag)
Clarifying the circumstances under which the governing body of a public agency may hold an executive session to discuss litigation.
The bill was read the second time.
MOTIONS
On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.30.110 and 1989 c 238 s 2 are each amended to read as follows:
(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;
(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;
(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;
(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;
(k) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information.
(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.
NEW SECTION. Sec. 2. A new section is added to chapter 42.30 RCW to read as follows:
The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter.
"
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On page 1, line 3 of the title, after "litigation;" strike the remainder of the title and insert "amending RCW 42.30.110; and adding a new section to chapter 42.30 RCW."
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1384, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1384, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1384, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senator Morton - 1.
Excused: Senators Constantine, Kline, McCaslin and McDonald - 4.
SUBSTITUTE HOUSE BILL NO. 1384, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Honeyford, Senator Horn was excused.
SECOND READING
HOUSE BILL NO. 1296, by Representatives Hatfield, Benson and McIntire (by request of Insurance Commissioner Kreidler)
Restricting the investment of insurers in depository institutions or any company which controls a depository institution.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1296 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 House Bill No. 1296.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1296 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, 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.
Excused: Senators Constantine and Horn - 2.
HOUSE BILL NO. 1296, 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. 6008, by Senators Eide, Finkbeiner, Haugen, Kline, Winsley and McAuliffe (by request of Office of Financial Management)
Providing commute trip reduction incentives.
MOTIONS
On motion of Senator Eide, Substitute Senate Bill No. 6008 was substituted for Senate Bill No. 6008 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 6008 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6008.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6008 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 38.
Voting nay: Senators Benton, Hewitt, Honeyford, Johnson, McDonald, Parlette, Roach, Sheldon, T., Stevens and West - 10.
Excused: Senator Horn - 1.
SUBSTITUTE SENATE BILL NO. 6008, 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. 5748, by Senators McAuliffe, Horn, Shin, Winsley, Oke, Haugen, Kohl-Welles and Kastama (by request of The Blue Ribbon Commission on Transportation)
Integrating transportation and land use planning.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5748 was substituted for Senate Bill No. 5748 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. 5748 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5748.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5748 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, 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 Horn - 1.
SUBSTITUTE SENATE BILL NO. 5748, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5764, by Senators Shin, Horn, Winsley, Oke and Haugen (by request of The Blue Ribbon Commission on Transportation)
Maintaining and preserving transportation facilities and assets.
MOTIONS
On motion of Senator Shin, Substitute Senate Bill No. 5764 was substituted for Senate Bill No. 5764 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendments by Senators Haugen, Horn and Shin were considered simultaneously and were adopted:
On page 2, after line 19, strike all material through "method." on line 27
On page 3, after line 11, strike all material through "jurisdiction." on line 20, and insert the following:
"During the 2001-2003 biennium, cities and towns shall provide to the transportation commission, or its successor entity, preservation rating information on at least seventy percent of the city's or town's arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in subsequent biennia. The rating system used by cities and towns must be based upon the Washington state pavement rating method."
On page 5, line 29, after "all" insert "transportation system"
On page 5, line 33, after "chapter" strike "47.26" and insert "36.78"
MOTIONS
On motion of Senator Shin, the following title amendment was adopted:
On page 1, line 6 of the title, after "chapter" strike "47.26" and insert "36.78"
On motion of Senator Shin, the rules were suspended, Engrossed Substitute Senate Bill No. 5764 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. 5764.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5764 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5764, 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 BILL NO. 5759, by Senators Patterson, Horn, Prentice, McAuliffe, Shin, Finkbeiner, Winsley, Haugen, Franklin, Kohl-Welles and Kastama (by request of The Blue Ribbon Commission on Transportation)
Improving traffic chokepoints.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5759 was substituted for Senate Bill No. 5759 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5759 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. 5759.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5759 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
SUBSTITUTE SENATE BILL NO. 5759, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5760, by Senators Patterson, Horn, Prentice, McAuliffe, Shin, Finkbeiner, Haugen and Kohl-Welles (by request of The Blue Ribbon Commission on Transportation)
Directing use of intelligent transportation systems and traffic system management.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5760 was substituted for Senate Bill No. 5760 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following striking amendment by Senators Benton and Haugen be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that emerging technologies can assist in optimizing the state's large, complex, and increasingly congested transportation system. Traffic system management (TSM) and intelligent transportation systems (ITS) are designed to add capacity without requiring major new infrastructure additions.
The legislature intends that funding be provided to projects and programs that provide cost-effective means of relieving congestion. The projects and programs may include, but are not limited to, freeway ramp metering, signal synchronization, patrols dedicated to removal of disabled vehicles from roadways, and highway messaging signs.
NEW SECTION. Sec. 2. A new section is added to chapter 47.05 RCW to read as follows:
The department shall not spend more than five percent of funds from the improvement program for intelligent transportation systems (ITS) and traffic system management (TSM) projects and programs that improve system performance and capacity. The projects and programs may include, but are not limited to, the following: Traffic and incident management, which includes freeway on-ramp metering; signal synchronization; intersection modification; priority treatment for high-occupancy and transit vehicles; and roving service patrols designed to quickly remove disabled vehicles from roadways. Projects and programs selected for funding under this section must undergo a benefit/cost analysis that yields benefits greater than one to one.
By December 1st of each year the department must report to the office of financial management and the legislature on the amount of funds spent on intelligent transportation systems and traffic systems projects and programs.
NEW SECTION. Sec. 3. 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 Benton and Haugen to Substitute Senate Bill No. 5760.
The motion by Senator Benton carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On line 2 of the title, after "management;" strike the remainder of the title and insert "adding a new section to chapter 47.05 RCW; creating a new section; providing an effective date; and declaring an emergency."
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5760 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. 5760.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5760 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5760, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1678, by House Committee on Transportation (originally sponsored by Representatives Fisher, Mitchell and Poulsen) (by request of The Blue Ribbon Commission on Transportation)
Funding advance right-of-way acquisitions.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the following Committee on Transportation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 47.26 RCW to read as follows:
The term "advance right-of-way acquisition" as used in this chapter means the acquisition of property and property rights, together with the engineering costs necessary for the advance right-of-way acquisition. Property or property rights purchased must be for projects approved by the transportation improvement board or the county road administration board as part of a city or county six-year plan or program.
NEW SECTION. Sec. 2. A new section is added to chapter 47.26 RCW to read as follows:
The city and county advance right-of-way revolving fund is created in the custody of the treasurer. The transportation improvement board is the administrator of the fund and may deposit directly and spend without appropriation.
The transportation improvement board and the county road administration board, in consultation with the association of Washington cities and the Washington association of counties, shall adopt reasonable rules and develop policies to implement this program.
NEW SECTION. Sec. 3. A new section is added to chapter 47.26 RCW to read as follows:
(1) After any properties or property rights are acquired through funds in the city and county advance right-of-way revolving fund, the acquiring city or county is responsible for the management of the properties in accordance with sound business practices and shall provide annual status reports to the board. Funds received by the city or county from the interim management of the properties must be deposited into the city and county advance right-of-way revolving fund.
(2) When the city or county proceeds with the construction of an arterial project that will require the use of any of the property so acquired, the city or county shall reimburse the city and county advance right-of-way revolving fund. Reimbursement must reflect the original cost of the acquired property or property rights required for the project plus an interest rate as determined annually by the board. The board shall report on the interest rate set to the transportation committees through its annual report.
(3) When the city or county determines that any properties or property rights acquired from funds in the city and county advance right-of-way revolving fund will not be required for an arterial construction project or the property has been held by the city or county for more than six years, the city or county shall either sell the property at fair market value or reimburse the fund at fair market value. All proceeds of the sale must be deposited in the city and county advance right-of-way revolving fund. At the board's discretion, a portion of savings on transportation improvement board projects realized through the use of the city and county advance revolving fund may be deposited back into the city and county advance right-of-way revolving fund.
(4) Deposits in the fund may be reexpended without further or additional appropriations.
Sec. 4. RCW 43.79A.040 and 2000 c 79 s 45 are each amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility ((grant)) account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 5. RCW 47.44.010 and 1980 c 28 s 1 are each amended to read as follows:
(1) The department of transportation may grant franchises to persons, associations, private or municipal corporations, the United States government, or any agency thereof, to use any state highway for the construction and maintenance of water pipes, flume, gas, oil or coal pipes, telephone, telegraph and electric light and power lines and conduits, trams or railways, and any structures or facilities ((which)) that are part of an urban public transportation system owned or operated by a municipal corporation, agency, or department of the state of Washington other than the department of transportation, and any other such facilities. In order to minimize the disruption to traffic and damage to the roadway, the department is encouraged to develop a joint trenching policy with other affected jurisdictions so that all permittees and franchisees requiring access to ground under the roadway may do so at one time.
(2) All applications for ((such)) the franchise ((shall)) must be made in writing and subscribed by the applicant, and ((shall)) describe the state highway or portion thereof over which franchise is desired and the nature of the franchise. The application must also include the identification of all jurisdictions affected by the franchise and the names of other possible franchisees who should receive notice of the application for a franchise.
(3) The department of transportation shall adopt rules providing for a hearing or an opportunity for a hearing with reasonable public notice thereof with respect to any franchise application involving the construction and maintenance of utilities or other facilities within the highway right of way which the department determines may (((1))) (a) during construction, significantly disrupt the flow of traffic or use of driveways or other facilities within the right of way, or (((2))) (b) during or following construction, cause a significant and adverse effect upon the surrounding environment.
Sec. 6. RCW 47.44.020 and 1980 c 28 s 2 are each amended to read as follows:
(1) If the department of transportation deems it to be for the public interest, the franchise may be granted in whole or in part, with or without hearing under such regulations and conditions as the department may prescribe, with or without compensation, but not in excess of the reasonable cost for investigating, handling, and granting the franchise. The department may require that the utility and appurtenances be so placed on the highway that they will, in its opinion, least interfere with other uses of the highway.
(2) If a hearing is held, it ((shall)) must be conducted by the department, and may be adjourned from time to time until completed. The applicant may be required to produce all facts pertaining to the franchise, and evidence may be taken for and against granting it.
(3) The facility ((shall)) must be made subject to removal when necessary for the construction, alteration, repair, or improvement of the highway and at the expense of the franchise holder, except that the state shall pay the cost of ((such)) the removal whenever the state ((shall be)) is entitled to receive proportionate reimbursement therefor from the United States in the cases and in the manner set forth in RCW 47.44.030. Renewal upon expiration of a franchise ((shall)) must be by application.
(4) A person constructing or operating such a utility on a state highway is liable to any person injured thereby for any damages incident to the work of installation or the continuation of the occupancy of the highway by the utility, and except as provided above, is liable to the state for all necessary expenses incurred in restoring the highway to a permanent suitable condition for travel. A person constructing or operating such a utility on a state highway is also liable to the state for all necessary expenses incurred in inspecting the construction and restoring the pavement or other related transportation equipment or facilities to a permanent condition suitable for travel and operation in accordance with requirements set by the department. Permit and franchise holders are also financially responsible to the department for trenching work not completed within the contractual period and for compensating for the loss of useful pavement life caused by trenching. No franchise may be granted for a longer period than fifty years, and no exclusive franchise or privilege may be granted.
(5) The holder of a franchise granted under this section is financially responsible to the department for trenching work not completed within the period of the permit and for compensating for the loss of useful pavement life caused by trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the franchisees. The assessed parties may thereafter pursue claims of contribution or indemnity in accord with such fault as may be determined by arbitration or other legal action.
Sec. 7. RCW 47.44.050 and 1984 c 7 s 237 are each amended to read as follows:
(1) The department ((is empowered to)) may grant a permit to construct or maintain on, over, across, or along any state highway any water, gas, telephone, telegraph, light, power, or other such facilities when they do not extend along the state highway for a distance greater than three hundred feet. The department may require such information as it deems necessary in the application for any such permit, and may grant or withhold the permit within its discretion. Any permit granted may be canceled at any time, and any facilities remaining upon the right of way of the state highway after thirty days written notice of the cancellation ((is [are])) are an unlawful obstruction and may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is financially responsible to the department for trenching work not completed within the period of the permit and for compensating for the loss of useful pavement life caused by trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the permit holders. The assessed parties may thereafter pursue claims of contribution or indemnity in accord with such fault as may be determined by arbitration or other legal action.
Sec. 8. RCW 47.24.020 and 1993 c 126 s 1 are each amended to read as follows:
The jurisdiction, control, and duty of the state and city or town with respect to such streets ((shall be)) is as follows:
(1) The department has no authority to change or establish any grade of any such street without approval of the governing body of such city or town, except with respect to limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for and control over any such street beyond the curbs and if no curb is installed, beyond that portion of the highway used for highway purposes. However, within incorporated cities and towns the title to a state limited access highway vests in the state, and, notwithstanding any other provision of this section, the department shall exercise full jurisdiction, responsibility, and control to and over such facility as provided in chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or decorations above the portion of such street between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway;
(4) The city or town shall at its own expense maintain all underground facilities in such streets, and has the right to construct such additional underground facilities as may be necessary in such streets. However, pavement trenching and restoration performed as part of installation of such facilities must meet or exceed requirements established by the department;
(5) The city or town has the right to grant the privilege to open the surface of any such street, but all damage occasioned thereby shall promptly be repaired either by the city or town itself or at its direction. Pavement trenching and restoration performed under a privilege granted by the city under this subsection must meet or exceed requirements established by the department;
(6) The city or town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins, and remove all snow, except that the state shall when necessary plow the snow on the roadway. In cities and towns having a population of twenty-two thousand five hundred or less according to the latest determination of population by the office of financial management, the state, when necessary for public safety, shall assume, at its expense, responsibility for the stability of the slopes of cuts and fills and the embankments within the right of way to protect the roadway itself. When the population of a city or town first exceeds twenty-two thousand five hundred according to the determination of population by the office of financial management, the city or town shall have three years from the date of the determination to plan for additional staffing, budgetary, and equipment requirements before being required to assume the responsibilities under this subsection. The state shall install, maintain, and operate all illuminating facilities on any limited access facility, together with its interchanges, located within the corporate limits of any city or town, and shall assume and pay the costs of all such installation, maintenance, and operation incurred after November 1, 1954;
(7) The department has the right to use all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of new streets by the department, the cost of the facilities shall be borne by the state and/or city as may be mutually agreed upon between the department and the governing body of the city or town;
(8) Cities and towns have exclusive right to grant franchises not in conflict with state laws and rules, over, beneath, and upon such streets, but the department is authorized to enforce in an action brought in the name of the state any condition of any franchise which a city or town has granted on such street. No franchise for transportation of passengers in motor vehicles may be granted on such streets without the approval of the department, but the department shall not refuse to approve such franchise unless another street conveniently located and of strength of construction to sustain travel of such vehicles is accessible;
(9) Every franchise or permit granted any person by a city or town for use of any portion of such street by a public utility ((shall)) must require the grantee or permittee to restore, repair, and replace ((to its original condition)) any portion of the street damaged or injured by it to conditions that meet or exceed requirements established by the department;
(10) The city or town has the right to issue overload or overwidth permits for vehicles to operate on such streets or roads subject to regulations printed and distributed to the cities and towns by the department;
(11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such streets, but all regulations adopted by a city or town relating to speed, parking, and traffic control devices on such streets not identical to state law relating thereto are subject to the approval of the department before becoming effective. All regulations pertaining to speed, parking, and traffic control devices relating to such streets heretofore adopted by a city or town not identical with state laws shall become null and void unless approved by the department heretofore or within one year after March 21, 1963;
(12) The department shall erect, control, and maintain at state expense all route markers and directional signs, except street signs, on such streets;
(13) The department shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices for the purpose of regulating both pedestrian and motor vehicular traffic on, entering upon, or leaving state highways in cities and towns having a population of twenty-two thousand five hundred or less according to the latest determination of population by the office of financial management. Such cities and towns may submit to the department a plan for traffic control signals, signs, and traffic control devices desired by them, indicating the location, nature of installation, or type thereof, or a proposed amendment to such an existing plan or installation, and the department shall consult with the cities or towns concerning the plan before installing such signals, signs, or devices. Cities and towns having a population in excess of twenty-two thousand five hundred according to the latest determination of population by the office of financial management shall install, maintain, operate, and control such signals, signs, and devices at their own expense, subject to approval of the department for the installation and type only. When the population of a city or town first exceeds twenty-two thousand five hundred according to the determination of population by the office of financial management, the city or town shall have three years from the date of the determination to plan for additional staffing, budgetary, and equipment requirements before being required to assume the responsibilities under this subsection. For the purpose of this subsection, striping, lane marking, and channelization are considered traffic control devices;
(14) All revenue from parking meters placed on such streets belongs to the city or town;
(15) Rights of way for such streets shall be acquired by either the city or town or by the state as shall be mutually agreed upon. Costs of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon. Title to all such rights of way so acquired shall vest in the city or town: PROVIDED, That no vacation, sale, rental, or any other nontransportation use of any unused portion of any such street may be made by the city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or any nontransportation use of such rights of way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared;
(16) If any city or town fails to perform any of its obligations as set forth in this section or in any cooperative agreement entered into with the department for the maintenance of a city or town street forming part of the route of a state highway, the department may notify the mayor of the city or town to perform the necessary maintenance within thirty days. If the city or town within the thirty days fails to perform the maintenance or fails to authorize the department to perform the maintenance as provided by RCW 47.24.050, the department may perform the maintenance, the cost of which is to be deducted from any sums in the motor vehicle fund credited or to be credited to the city or town.
NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the transportation appropriations act, this act is null and void."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On line 1 of the title, after "acquisition;" strike the remainder of the title and insert "amending RCW 43.79A.040, 47.44.010, 47.44.020, 47.44.050, and 47.24.020; adding new sections to chapter 47.26 RCW; and creating a new section."
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1678, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1678, as amended by the Senate..
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1678, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators 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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
SUBSTITUTE HOUSE BILL NO. 1678, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1680, by House Committee on Transportation (originally sponsored by Representatives Fisher, Mitchell and Poulsen) (by request of The Blue Ribbon Commission on Transportation)
Extending design-build for public works.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the following Committee on Transportation striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds and declares that a contracting procedure that facilitates construction of transportation facilities in a more timely manner may occasionally be necessary to ensure that construction can proceed simultaneously with the design of the facility. The legislature further finds that the design-build process and other alternative project delivery concepts achieve the goals of time savings and avoidance of costly change orders.
The legislature finds and declares that a 2001 audit, conducted by Talbot, Korvola & Warwick, examining the Washington state ferries' capital program resulted in a recommendation for improvements and changes in auto ferry procurement processes. The auditors recommended that auto ferries be procured through use of a modified request for proposals process whereby the prevailing shipbuilder and Washington state ferries engage in a design and build partnership. This process promotes ownership of the design by the shipbuilder while using the department of transportation's expertise in ferry design and operations. Alternative processes like design-build partnerships can promote innovation and create competitive incentives that increase the likelihood of finishing projects on time and within the budget.
The purpose of this act is to authorize the department's use of a modified request for proposals process for procurement of auto ferries, and to prescribe appropriate requirements and criteria to ensure that contracting procedures for this procurement process serve the public interest.
NEW SECTION. Sec. 2. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation shall develop a process for awarding competitively bid highway construction contracts for projects over ten million dollars that may be constructed using a design-build procedure. As used in this section and section 3 of this act, "design-build procedure" means a method of contracting under which the department of transportation contracts with another party for the party to both design and build the structures, facilities, and other items specified in the contract.
The process developed by the department must, at a minimum, include the scope of services required under the design-build procedure, contractor prequalification requirements, criteria for evaluating technical information and project costs, contractor selection criteria, and issue resolution procedures. In addition, the department should provide methods by which public employees may participate in the design-build process. This section expires April 30, 2008.
NEW SECTION. Sec. 3. A new section is added to chapter 47.20 RCW to read as follows:
The department of transportation may use the design-build procedure for public works projects over ten million dollars where:
(1) The construction activities are highly specialized and a design-build approach is critical in developing the construction methodology; or
(2) The projects selected provide opportunity for greater innovation and efficiencies between the designer and the builder; or
(3) Significant savings in project delivery time would be realized.
This section expires April 30, 2008.
NEW SECTION. Sec. 4. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department may purchase new auto ferries through use of a modified request for proposals process whereby the prevailing shipbuilder and the department engage in a design and build partnership for the design and construction of the auto ferries. The process consists of the three phases described in subsection (2) of this section.
(2) The definitions in this subsection apply throughout sections 5 through 10 of this act.
(a) "Phase one" means the evaluation and selection of proposers to participate in development of technical proposals in phase two.
(b) "Phase two" means the preparation of technical proposals by the selected proposers in consultation with the department.
(c) "Phase three" means the submittal and evaluation of bids, the award of the contract to the successful proposer, and the design and construction of the auto ferries.
NEW SECTION. Sec. 5. A new section is added to chapter 47.60 RCW to read as follows:
To commence the request for proposals process, the department shall publish a notice of its intent once a week for at least two consecutive weeks in at least one trade paper and one other paper, both of general circulation in the state. The notice must contain, but is not limited to, the following information:
(1) The number of auto ferries to be procured, the auto and passenger capacities, the delivery dates, and the estimated price range for the contract;
(2) A statement that a modified request for proposals design and build partnership will be used in the procurement process;
(3) A short summary of the requirements for prequalification of proposers including a statement that prequalification is a prerequisite to submittal of a proposal in phase one; and
(4) An address and telephone number that may be used to obtain a prequalification questionnaire and the request for proposals.
NEW SECTION. Sec. 6. A new section is added to chapter 47.60 RCW to read as follows:
Subject to legislative appropriation for the procurement of vessels, the department shall issue a request for proposals to interested parties that must include, at least, the following:
(1) Solicitation of a proposal to participate in a design and build partnership with the department to design and construct the auto ferries;
(2) Instructions on the prequalification process and procedures;
(3) A description of the modified request for proposals process. Under this process, the department may modify any component of the request for proposals, including the outline specifications, by addendum at any time before the submittal of bids in phase three;
(4) A description of the design and build partnership process to be used for procurement of the vessels;
(5) Outline specifications that provide the requirements for the vessels including, but not limited to, items such as length, beam, displacement, speed, propulsion requirements, capacities for autos and passengers, passenger space characteristics, and crew size. The department will produce notional line drawings depicting hull geometry that will interface with Washington state ferries terminal facilities. Notional lines may be modified in phase two, subject to approval by the department;
(6) Instructions for the development of technical proposals in phase two, and information regarding confidentiality of technical proposals;
(7) The vessel delivery schedule, identification of the port on Puget Sound where delivery must take place, and the location where acceptance trials must be held;
(8) The estimated price range for the contract;
(9) The form and amount of the required bid deposit and contract security;
(10) A copy of the contract that will be signed by the successful proposer;
(11) The date by which proposals in phase one must be received by the department in order to be considered;
(12) A description of information to be submitted in the proposals in phase one concerning each proposer's qualifications, capabilities, and experience;
(13) A statement of the maximum number of proposers that may be selected in phase one for development of technical proposals in phase two;
(14) Criteria that will be used for the phase one selection of proposers to participate in the phase two development of technical proposals;
(15) A description of the process that will be used for the phase three submittal and evaluation of bids, award of the contract, and postaward administrative activities;
(16) A requirement that the contractor comply with all applicable laws, rules, and regulations including but not limited to those pertaining to the environment, worker health and safety, and prevailing wages;
(17) A requirement that the vessels be constructed within the boundaries of the state of Washington except that equipment furnished by the state and components, products, and systems that are standard manufactured items are not subject to the in-state requirement under this subsection. For the purposes of this subsection, "constructed" means the fabrication, by the joining together by welding or fastening of all steel parts from which the total vessel is constructed, including, but not limited to, all shell frames, longitudinals, bulkheads, webs, piping runs, wire ways, and ducting. "Constructed" also means the installation of all components and systems, including, but not limited to, equipment and machinery, castings, electrical, electronics, deck covering, lining, paint, and joiner work required by the contract. "Constructed" also means the interconnection of all equipment, machinery, and services, such as piping, wiring, and ducting; and
(18) A requirement that all warranty work on the vessel must be performed within the boundaries of the state of Washington, insofar as practical.
NEW SECTION. Sec. 7. A new section is added to chapter 47.60 RCW to read as follows:
Phase one of the request for proposals process consists of evaluation and selection of prequalified proposers to participate in subsequent development of technical proposals in phase two, as follows:
(1) The department shall issue a request for proposals to interested parties.
(2) The request for proposals must require that each proposer prequalify for the contract under chapter 468-310 WAC, except that the department may adopt rules for the financial prequalification of proposers for this specific contract only. The department shall modify the financial prequalification rules in chapter 468-310 WAC in order to maximize competition among financially capable and otherwise qualified proposers. In adopting these rules, the department shall consider factors including, without limitation: (a) Shipyard resources in Washington state; (b) the cost to design and construct multiple vessels under a single contract without options; and (c) the sequenced delivery schedule for the vessels.
(3) The department may use some, or all, of the nonfinancial prequalification factors as part of the evaluation factors in phase one to enable the department to select a limited number of best qualified proposers to participate in development of technical proposals in phase two.
(4) The department shall evaluate submitted proposals in accordance with the selection criteria established in the request for proposals. Selection criteria may include, but are not limited to, the following:
(a) Shipyard facilities;
(b) Organization components;
(c) Design capability;
(d) Build strategy;
(e) Experience and past performance;
(f) Ability to meet vessel delivery dates;
(g) Projected workload; and
(h) Expertise of project team and other key personnel.
(5) Upon concluding its evaluation of proposals, the department shall select the best qualified proposers in accordance with the request for proposals. The selected proposers must participate in development of technical proposals. Selection must be made in accordance with the selection criteria stated in the request for proposals. All proposers must be ranked in order of preference as derived from the same selection criteria.
NEW SECTION. Sec. 8. A new section is added to chapter 47.60 RCW to read as follows:
Phase two of the request for proposals process consists of preparation of technical proposals in consultation with the department, as follows:
(1) The development of technical proposals in compliance with the detailed instructions provided in the request for proposals, including the outline specifications, and any addenda to them. Technical proposals must include the following:
(a) Design and specifications sufficient to fully depict the ferries' characteristics and identify installed equipment;
(b) Drawings showing arrangements of equipment and details necessary for the proposer to develop a firm, fixed price bid;
(c) Project schedule including vessel delivery dates; and
(d) Other appropriate items.
(2) The department shall conduct periodic reviews with each of the selected proposers to consider and critique their designs, drawings, and specifications. These reviews must be held to ensure that technical proposals meet the department's requirements and are responsive to the critiques conducted by the department during the development of technical proposals.
(3) If, as a result of the periodic technical reviews or otherwise, the department determines that it is in the best interests of the department to modify any element of the request for proposals, including the outline specifications, it shall do so by written addenda to the request for proposals.
(4) Proposers must submit final technical proposals for approval that include design, drawings, and specifications at a sufficient level of detail to fully depict the ferries' characteristics and identify installed equipment, and to enable a proposer to deliver a firm, fixed price bid to the department. The department shall reject final technical proposals that modify, fail to conform to, or are not fully responsive to and in compliance with the requirements of the request for proposals, including the outline specifications, as amended by addenda.
NEW SECTION. Sec. 9. A new section is added to chapter 47.60 RCW to read as follows:
Phase three consists of the submittal and evaluation of bids and the award of the contract to the successful proposer for the final design and construction of the auto ferries, as follows:
(1) The department shall request bids for detailed design and construction of the vessels after completion of the review of technical proposals in phase two. The department will review detailed design drawings in phase three for conformity with the technical proposals submitted in phase two. In no case may the department's review replace the builder's responsibility to deliver a product meeting the phase two technical proposal. The department may only consider bids from selected proposers that have qualified to bid by submitting technical proposals that have been approved by the department.
(2) Each qualified proposer must submit its total bid price for all vessels, including certification that the bid is based upon its approved technical proposal and the request for proposals.
(3) Bids constitute an offer and remain open for ninety days from the date of the bid opening. A deposit in cash, certified check, cashier's check, or surety bond in an amount specified in the request for proposals must accompany each bid and no bid may be considered unless the deposit is enclosed.
(4) The department shall evaluate the submitted bids. Upon completing the bid evaluation, the department may select the responsive and responsible proposer that offers the lowest total bid price for all vessels.
(5) The department may waive informalities in the proposal and bid process, accept a bid from the lowest responsive and responsible proposer, reject any or all bids, republish, and revise or cancel the request for proposals to serve the best interests of the department.
(6) The department may:
(a) Award the contract to the proposer that has been selected as the responsive and responsible proposer that has submitted the lowest total bid price;
(b) If a contract cannot be signed with the apparent successful proposer, award the contract to the next lowest responsive and responsible proposer; or
(c) If necessary, repeat this procedure with each responsive and responsible proposer in order of rank until the list of those proposers has been exhausted.
(7) If the department awards a contract to a proposer under this section, and the proposer fails to enter into the contract and furnish satisfactory contract security as required by chapter 39.08 RCW within twenty days from the date of award, its deposit is forfeited to the state and will be deposited by the state treasurer to the credit of the Puget Sound capital construction account. Upon the execution of a ferry design and construction contract all proposal deposits will be returned.
(8) The department may provide an honorarium to reimburse each unsuccessful phase three proposer for a portion of its technical proposal preparation costs at a preset, fixed amount to be specified in the request for proposals. If the department rejects all bids, the department may provide the honoraria to all phase three proposers that submitted bids.
NEW SECTION. Sec. 10. A new section is added to chapter 47.60 RCW to read as follows:
(1) The department shall immediately notify those proposers that are not selected to participate in development of technical proposals in phase one and those proposers who submit unsuccessful bids in phase three.
(2) The department's decision is conclusive unless an aggrieved proposer files an appeal with the superior court of Thurston county within five days after receiving notice of the department's award decision. The court shall hear any such appeal on the department's administrative record for the project. The court may affirm the decision of the department, or it may reverse or remand the administrative decision if it determines the action of the department was arbitrary and capricious."
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On line 1 of the title, after "works;" strike the remainder of the title and insert "adding new sections to chapter 47.20 RCW; adding new sections to chapter 47.60 RCW; creating a new section; and providing expiration dates."
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1680, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1680, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1680, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators 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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
SUBSTITUTE HOUSE BILL NO. 1680, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5743, by Senators Haugen, Horn, Shin, Winsley, Oke and Kohl-Welles (by request of The Blue Ribbon Commission on Transportation)
Investing in human resources for transportation.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5743 was substituted for Senate Bill No. 5743 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following amendment by Senators Haugen and Benton was adopted:
On page 4, line 32, delete everything from "At a minimum” through “areas.” and insert the following: “The assessment must include an analysis of regional variations.”
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5743 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. 5743.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, 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. 5749, by Senators McAuliffe, Horn, Winsley, Oke and Haugen (by request of The Blue Ribbon Commission on Transportation)
Adopting cost-benefit analysis for transportation planning.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5749 was substituted for Senate Bill No. 5749 and the substitute bill was placed on second reading and read the second time.
Senator Horn moved that the following striking amendment by Senators Haugen, Horn and Benton be adopted:
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:
The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.
It is the intent of the legislature that investment of state transportation funds to address deficiencies on the state highway system be based on a policy of priority programming having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle costs and benefits ((and which)) that are systematically scheduled to carry out defined objectives within available revenue. The state must develop analytic tools to use a common methodology to measure benefits and costs for all modes.
The priority programming system ((shall)) must ensure preservation of the existing state highway system, relieve congestion, provide mobility for people and goods, support the state's economy, and promote environmental protection and energy conservation.
The priority programming system ((shall)) must implement the state-owned highway component of the statewide ((multimodal)) transportation plan, consistent with local and regional transportation plans, by targeting state transportation investment to appropriate multimodal solutions ((which)) that address identified state highway system deficiencies.
The priority programming system for improvements ((shall)) must incorporate a broad range of solutions that are identified in the statewide ((multimodal)) transportation plan as appropriate to address state highway system deficiencies, including but not limited to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services, and transportation demand management programs.
Sec. 2. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:
The transportation commission shall adopt a comprehensive six-year investment program specifying program objectives and performance measures for the preservation and improvement programs defined in this section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The ((needs)) analysis process ((shall)) must ensure the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. Project prioritization must be based primarily upon cost-benefit analysis, where appropriate. The investment program ((shall)) must be revised biennially, effective on July 1st of odd-numbered years. The investment program ((shall)) must be based upon the needs identified in the state-owned highway component of the statewide ((multimodal)) transportation plan as defined in RCW 47.01.071(3).
(1) The preservation program ((shall)) consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. The preservation program must require use of the most cost-effective pavement surfaces, considering:
(a) life cycle cost analysis;
(b) traffic volume;
(c) subgrade soil conditions;
(d) environmental and weather conditions;
(e) materials available; and
(f) construction factors.
The comprehensive six-year investment program for preservation ((shall)) must identify projects for two years and an investment plan for the remaining four years.
(2) The improvement program ((shall)) consists of investments needed to address identified deficiencies on the state highway system to increase mobility, address congestion, and improve ((mobility,)) safety, support for the economy, and protection of the environment. The six-year investment program for improvements ((shall)) must identify projects for two years and major deficiencies proposed to be addressed in the six-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of statewide significance as defined in RCW 47.06.140.
The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.
Sec. 3. RCW 47.05.035 and 1993 c 490 s 4 are each amended to read as follows:
The commission shall develop and use transportation demand modeling tools to evaluate investments based on the best mode or improvement, or mix of modes and improvements, to meet current and future long-term demand within a corridor or system for the lowest cost. The end result of these demand modeling tools is to provide a cost-benefit analysis by which the commission can determine the relative mobility improvement and congestion relief each mode or improvement under consideration will provide and the relative investment each mode or improvement under consideration will need to achieve that relief. In developing program objectives and performance measures, the transportation commission shall evaluate investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the commission shall evaluate, using cost-benefit techniques, roadway and bridge maintenance activities as compared to roadway and bridge preservation program activities and adjust those programs accordingly.
The commission shall allocate the estimated revenue between preservation and improvement programs giving primary consideration to the following factors:
(1) The relative needs in each of the programs and the system performance levels that can be achieved by meeting these needs;
(2) The need to provide adequate funding for preservation to protect the state's investment in its existing highway system;
(3) The continuity of future transportation development with those improvements previously programmed; and
(4) The availability of dedicated funds for a specific type of work.
Sec. 4. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:
The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:
(1) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:
(a) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces, considering:
(i) life cycle cost analysis;
(ii) traffic volume;
(iii) subgrade soil conditions;
(iv) environmental and weather conditions;
(v) materials available; and
(vi) construction factors.
(b) Ensuring the structural ability to carry loads imposed upon highways and bridges; and
(c) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program.
(2) Priority programming for the improvement program shall take into account the following:
(a) Support for the state's economy, including job creation and job preservation;
(b) The cost-effective movement of people and goods;
(c) Accident and accident risk reduction;
(d) Protection of the state's natural environment;
(e) Continuity and systematic development of the highway transportation network;
(f) Consistency with local comprehensive plans developed under chapter 36.70A RCW;
(g) Consistency with regional transportation plans developed under chapter 47.80 RCW;
(h) Public views concerning proposed improvements;
(i) The conservation of energy resources;
(j) Feasibility of financing the full proposed improvement;
(k) Commitments established in previous legislative sessions;
(l) Relative costs and benefits of candidate programs;
(m) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding; ((and))
(n)Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding((.)); and
(o) Congestion reduction.
(3) The commission may depart from the priority programming established under subsections (1) and (2) of this section: (a) To the extent that otherwise funds cannot be utilized feasibly within the program; (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; (c) as may be required to coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of route development; or (f) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority.
(4) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.
Sec. 5. RCW 47.06.130 and 1993 c 446 s 13 are each amended to read as follows:
(1) The department may carry out special transportation planning studies to resolve specific issues with the development of the state transportation system or other statewide transportation issues.
(2) The department shall conduct multimodal corridor analyses on major congested corridors. Analysis will include the cost-effectiveness of all feasible strategies in addressing congestion or improving mobility within the corridor, and must recommend the most effective strategy or mix of strategies to address identified deficiencies. A long-term view of corridors shall be employed to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. To the extent practicable, full costs of all strategies must be reflected in the analysis. At a minimum, this analysis shall include:
(a) The current and projected future demand for total person trips on that corridor;
(b) The impact of making no improvements to that corridor;
(c) The daily cost per added person served for each mode or improvement proposed to meed demand;
(d) The cost per hour of travel time saved per day for each mode or improvement proposed to meet demand; and
(e) How much of the current and anticipated future demand will be met and left unmet for each mode or improvement proposed to meet demand.
The end result of this analysis will be to provide a cost-benefit analysis by which policymakers can determine the most cost effective improvement or mode, or mix of improvements and modes, for increasing mobility and reducing congestion.
NEW SECTION. Sec. 6. This act takes effect July 1, 2001."
MOTION
On motion of Senator Haugen, the following amendments by Senators Haugen, Horn, Hargrove and Benton to the striking amendment by Senators Haugen, Horn and Benton were considered simultaneously and were adopted:
On page 2, after line 19 of the amendment, strike all material through "appropriate." on line 21
On page 3, line 15 of the amendment, after "47.06.140." insert "Project prioritization must be based primarily upon cost-benefit analysis, where appropriate."
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen Horn and Benton, as amended, to Substitute Senate Bill No. 5749.
The motion by Senator Horn carried and the striking amendment, as amended, was adopted.
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5749 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. 5749.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5749 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
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, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5749, 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. 5765, by Senators Prentice, Swecker, Shin, Oke, Parlette, Horn, Haugen and McDonald (by request of The Blue Ribbon Commission on Transportation)
Streamlining the environmental permit process for transportation projects.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5765 was substituted for Senate Bill No. 5765 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Prentice, the following striking amendment by Senators Prentice and Swecker was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. LEGISLATIVE INTENT AND FINDINGS. The legislature finds that the public health and safety of its citizens, natural resources, and the environment are vital interests of the state that need to be protected and preserved. The legislature further finds that the safety of the traveling public and the state's economic well-being are vital interests that depend upon the development of cost-effective and efficient transportation systems planned, designed, constructed, and maintained through expedited permit decision-making processes.
It is the intent of the legislature to achieve transportation permit reform to expedite the delivery of statewide significant transportation projects through a streamlined approach to environmental permit decision making while improving environmental benefits through a watershed-based approach to aquatic and natural resource management. In order to optimize the limited resources available for transportation system improvements and environmental protection, state regulatory and natural resource agencies, public and private sector interests, Indian tribes, and the department of transportation must work cooperatively to establish common goals, minimize project delays, develop consistency in the application of environmental standards, maximize environmental benefits through coordinated investment strategies, and eliminate duplicative processes through delegation of selected permit drafting and compliance activities between state and federal agencies.
Therefore, the transportation permit efficiency and accountability committee is created. The committee must conduct three environmental permit streamlining pilot programs. The committee must also identify and develop general permits and a programmatic consultation process. Finally, the committee must explore other permit streamlining opportunities by designating transportation projects of statewide significance and selected delegation of permit authority.
NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best available information" means the existing sources of data, including limiting factors analyses required under chapter 77.85 RCW that can be used to make informed decisions regarding environmental conditions within a watershed.
(2) "Best management practices" means currently available and generally accepted techniques, including new technologies or strategies that seek to reduce the negative impacts of transportation facilities, projects, and services on communities and the environment, and promote more efficient and effective use of transportation facilities. Examples include transportation demand management, transportation systems management, and compensatory mitigation.
(3) "Committee" means the transportation permit efficiency and accountability committee created in section 3 of this act.
(4) "General permit" means a permit that covers a geographic area and applies to a project activity. A general permit allows actions to proceed without individual review by each permit decision-making agency.
(5) "Larger-impacting projects" means projects that are likely to affect a species or its habitat and must be examined for ways to mitigate or reduce the impact to avoid harm.
(6) "Least cost planning" means the use of best available information within a watershed basin applied to transportation decision making in the planning, permit decision making, and mitigation phases of a project.
(7) "Low-impact development project" means an activity or series of actions that conform to a comprehensive land-use planning and engineering design approach with a goal of maintaining or restoring existing natural habitat functions and hydrologic regime of urban and developing watersheds. These projects incorporate strategic watershed planning with site-specific management techniques to reduce development impacts to better replicate natural watershed hydrology and water quality, while allowing for development or infrastructure rehabilitation to occur.
(8) "One-stop permit decision making" means a coordinated permit decision-making process that streamlines environmental review and permit decision making for transportation projects by providing concurrent, consolidated review by each agency required to review the project.
(9) "Programmatic agreement" means a regulatory instrument that outlines permit conditions and obligations under which a variety of identified project activities for an agency program or other actions may be conducted within a watershed or other geographically defined territory, without the necessity of obtaining individual permits.
(10) "Transportation project of statewide significance" means a surface transportation project or combination of surface transportation projects, that crosses multiple city or county jurisdictional boundaries or connects major state destinations in support of the state's economy and is so designated by the department of transportation and approved by the transportation committees of the senate and house of representatives. The transportation committees of the senate and house of representatives may also designate such projects. The pilot projects established in section 4 of this act are examples of transportation projects of statewide significance, but transportation projects of statewide significance are not limited to the pilot projects.
NEW SECTION. Sec. 3. TRANSPORTATION PERMIT EFFICIENCY AND ACCOUNTABILITY COMMITTEE--CREATED. The transportation permit efficiency and accountability committee is created.
(1) The committee will consist of fifteen voting members, including two members of the house of representatives from each of the two largest caucuses and two members of the senate from each of the two largest caucuses; one member designated by the secretary of transportation; one member designated by the director of fish and wildlife; one member designated by the director of ecology; one member designated by the state commissioner of public lands; one member designated by the Northwest Indian Fisheries Commission; one member designated by the Columbia River Intertribal Fisheries Commission; two members appointed by the state transportation commission or its successor agency, upon consultation with the Association of Washington Cities and the Washington Association of Counties, to represent local government interests; one member appointed by the state transportation commission or its successor agency, upon consultation with the Consulting Engineers Council of Washington, the Associated General Contractors of Washington, and the Washington Construction Industry Council, to represent the construction industry; one member appointed by the state transportation commission or its successor agency, upon consultation with statewide environmental organizations, to represent environmental interests; and one member appointed by the state transportation commission or its successor agency, upon consultation with the state fish and wildlife commission, to represent the interests of citizens engaged in fish and wildlife recovery. The committee shall elect a chair from the four legislators appointed to the committee.
(2) Representatives from federal regulatory and transportation agencies, including the Environmental Protection Agency, National Marine Fisheries Service, Army Corps of Engineers, Federal Highways Administration, and United States Fish and Wildlife Service must be invited to participate in committee deliberations as nonvoting members.
(3) The committee may create technical subcommittees for the pilot projects designated in section 4 of this act and transportation projects of statewide significance. The technical subcommittees must include, but are not limited to, representatives of local governments from jurisdictions that have transportation projects of statewide significance. Decisions made by the technical subcommittee must be approved by a majority of the transportation permit efficiency and accountability committee.
(4) Nonvoting members will not be compensated but will receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(5) The department of transportation office of environmental affairs shall provide administrative and clerical assistance to the committee.
NEW SECTION. Sec. 4. PILOT PROJECTS. (1) It is the expectation of the legislature that a comprehensive approach to environmental permit decision making for transportation projects created between agencies, public and private sector interests, and tribes that focuses on concise design standards and a commitment to expedited permit decisions will minimize duplicative and time-consuming permit processes and achieve a greater potential for benefit to the environment. Pilot efforts designed to delegate selected permit drafting and compliance activities to the department when agreement on standards are achieved and when compliance safeguards are implemented should be tested. To this end, the legislature directs the committee to select and conduct three permit reform pilot programs.
(2) The committee must select one permit reform pilot program that includes a mix of projects from each of the following geographic areas:
(a) The Translake and I-405 congestion relief study areas to test the application of permit reform to near built-out conditions in urban areas within the Cedar-Sammamish, Duwamish-Green, and other applicable adjoining watersheds agreed to by the committee;
(b) Transportation projects that can be grouped for geographic permit decision making related to western Washington watersheds and salmon recovery areas for the Willapa, Grays-Elochoman, Lewis, Salmon-Washougal, Wind-White Salmon, Klickitat, and other applicable adjoining watersheds agreed to by the committee; and
(c) Transportation projects that can be grouped for geographic permit decision making related to eastern Washington watersheds and salmon recovery areas for the Walla Walla, Middle Snake, Lower Snake, Rock-Glade, and other applicable adjoining watersheds agreed to by the committee.
NEW SECTION. Sec. 5. COMMITTEE--RESPONSIBILITIES FOR TRANSPORTATION PROJECTS OF STATEWIDE SIGNIFICANCE. (1) The committee and its authorized technical subcommittees shall develop a one-stop permit decision-making process that uses interdisciplinary review of transportation projects of statewide significance to streamline and expedite permit decision making. The one-stop permitting process must include early review and coordination between state regulatory agencies and the department in order to develop common environmental goals and strategies, and minimize subsequent changes to conditions.
(2) The committee must use a one-stop permitting process and other components identified in this chapter to:
(a) Link expedited permit decision making to best available information for a watershed; and
(b) Link investment strategy and priorities of the pilot watershed areas with the mitigation needs of the department along a geographic based approach.
(3) The committee must use an interdisciplinary permit review approach for each pilot project in order to:
(a) Provide coordinated and consolidated review and approval of permit applications;
(b) Provide coordinated and consolidated public hearings where required by one or more regulatory agencies under state law;
(c) Establish timelines for permit decision making;
(d) Allow delegation of selected permit drafting and compliance activities to the department.
(5) The committee shall seek federal delegation authorities to the state where appropriate to streamline permit processes for transportation projects of statewide significance including: Delegation of section 404 permit authority under the Clean Water Act; nonfederal lead agency status under the federal Endangered Species Act; section 106 cultural resource designation under the National Historic Preservation Act; and other appropriate authority that when delegated should result in permit streamlining.
(6) The committee shall develop and prioritize a list of permit streamlining opportunities, specifically identifying substantive and procedural duplications and suggestions for resolving those duplications, and standard development needs. Based on the list of permit streamlining opportunities, the committee shall designate transportation projects of statewide significance and submit those projects to the transportation committees of the house of representatives and the senate.
(7) The committee must provide to the legislative authority of each county and city a list of the projects that the committee has designated as pilot projects or transportation projects of statewide significance. The committee must also provide each county and city with a list of projects designated as transportation projects of statewide significance by the transportation committees of the legislature.
(8) The committee must provide a summary report to the legislature every six months beginning September 15, 2001.
NEW SECTION. Sec. 6. COMMITTEE RESPONSIBILITIES FOR PROGRAMMATIC AGREEMENTS AND GENERAL PERMITS. The committee shall:
(1) Identify and develop general permits and programmatic consultation processes for low-impacting projects and for larger-impacting projects. The committee must develop general permits for evaluating low-impacting projects in three to six months from the effective date of this act and for larger-impacting projects in six to nine months from the effective date of this act. The committee must develop a programmatic consultation process for low-impacting projects in three to six months from the effective date of this act and for larger-impacting projects in six to nine months from the effective date of this act;
(2) Develop and implement a general permit program. At a minimum this program must require that decisions on minor variations to the requirements of the general permit or programmatic conditions must be provided by the permit decision-making agencies within fifteen business days of submittal; and
(3) Review the department's construction project list to determine which projects can be included in programmatic or general permit agreements. The committee shall develop agreements to cover those projects.
NEW SECTION. Sec. 7. GENERAL COMMITTEE RESPONSIBILITIES. The committee must:
(1) Evaluate the use of planning and permit decision-making standards that encourage low-impact alternatives;
(2) Seek to accelerate the permit process for projects that use low-impact development standards;
(3) Develop preliminary models and strategies to test how best to maximize the environmental investment of transportation funds within the framework of sections 1 through 6 of this act;
(4) Develop a uniform methodology for the timely and predictable submittal and evaluation of completed plans and specifications detailing project elements that impact environmental resources as well as proposed mitigation measures during the preliminary specifications and engineering phase of project development;
(5) Develop a least-cost methodology for analyzing environmental impacts and applying compensatory mitigation consistent with a watershed-based approach before final design;
(6) Assess models to collate and access watershed data to support early agency involvement in transportation planning and reviews under the national Environmental Policy Act and the State Environmental Policy Act;
(7) In consultation with the department, identify projects that do not qualify as transportation projects of statewide significance or for programmatic review or general permit agreements, and develop a streamlined permit decision-making process for them;
(8) Collaborate with appropriate agencies and parties to develop concise environmental standards and best management practices for transportation projects that can be applied with certainty, consistency, and assurance of swift permit action, while taking into account the varying climate, geomorphologic, and hydrologic conditions throughout the state. The standards and best management practices may use prescriptive or performance standards and must meet all current relevant federal, state, and local environmental and land use regulations;
(9) Create a streamlined permit decision-making and consultation process for transportation projects for section 404 federal Clean Water Act permits and section 10 permits issued by the United States Army Corps of Engineers, section 401 and 402 permits issued by the department of ecology, shoreline approvals reviewed by the department of ecology, hydraulic project approvals issued by the department of fish and wildlife, and any other applicable permit issued for transportation projects;
(10) Use existing best available information from watershed planning efforts, lead entities, regional fisheries enhancement groups, and other recognized entities as deemed appropriate by the committee, to determine potential mitigation requirements for projects within a watershed. Priority consideration should be given to the use of the state's alternative mitigation to best link transportation mitigation needs with local watershed and lead entity project lists;
(11) Give consideration to flexible approaches that maximize transportation and environmental interests;
(12) Work with the department of ecology to develop a virtual one-stop environmental permitting center to provide interested parties and citizens with information regarding environmental permitting requirements; and
(13) Develop a dispute resolution process to resolve conflicts in interpretation of environmental standards and best management practices, mitigation requirements, permit requirements, and other related issues by September 15, 2001. Every effort to include federal agencies in the dispute resolution process must be made. A list of ongoing disputed issues must be included in the committee's report to the legislature.
NEW SECTION. Sec. 8. DEPARTMENT ORGANIZATION AND ADMINISTRATIVE ACTIONS. The legislature finds that an essential component of streamlined permit decision making is the ability of the department to demonstrate the capacity to meet environmental responsibilities. Therefore, the legislature directs that:
(1) Qualified environmental staff within the department shall lead the development of all environmental documentation associated with department projects and permit activities in accordance with the department's project delivery tools.
(2) The department shall conduct special prebid meetings for projects that are environmentally complex. In addition, the department shall review environmental considerations related to these projects during the preconstruction meeting held with the contractor who is awarded the bid.
(3) Environmental staff at the department shall conduct field inspections to ensure that project activities are performed under permit conditions. These inspectors must:
(a) Have the ability to issue stop work orders when compliance with permit standards are not being met;
(b) For this portion of their job duties, be accountable to the director of the office of environmental services of the department.
(4) Failure to comply with a stop work order may result in civil penalties being assessed against the department and individuals involved. Willful violation of a stop work notice issued by the department is subject to civil penalties assessed on the agency as well as the individuals involved. Persistent violations by the department may result in loss of permit drafting and program management responsibilities.
NEW SECTION. Sec. 9. TRAINING AND COMPLIANCE. The legislature expects the department to continue its efforts to improve training and compliance. The department shall:
(1) Provide training in environmental procedures and permit requirements for those responsible for project delivery activities;
(2) Require wetland mitigation sites to be designed by trained biologist or landscape architects, qualified by the department of ecology's wetland program. Environmental mitigation site improvements must have oversight conducted by environmental staff;
(3) Develop an environmental compliance data system to track all permit conditions;
(4) Report all noncompliance activities to applicable agencies of jurisdiction along with a remedy plan;
(5) Fund the departments of ecology, natural resources, and fish and wildlife, operating under their permit-granting authority to conduct audits of the department's permit drafting and compliance activities. The department of ecology shall collate the audits in an annual report to the legislature;
(6) Fund dedicated technical staff at federal permit decision-making entities and the state departments of ecology, natural resources, community, trade, and economic development, and fish and wildlife to implement the requirements of this chapter;
(7) Fund a technical specialist at the Northwest Indian Fisheries Commission and the Columbia River Intertribal Fisheries Commission for the purpose of implementing this chapter;
(8) Reimburse local jurisdictions for costs associated with local participation on the committee and technical subcommittees.
NEW SECTION. Sec. 10. Captions used in this act are not part of the law.
NEW SECTION. Sec. 11. Sections 1 through 10 of this act constitute a new chapter in Title 47 RCW."
MOTION
On motion of Senator Prentice, the following title amendment was adopted:
On line 3 of the title, after "projects;" strike the remainder of the title and insert "adding a new chapter to Title 47 RCW; and prescribing penalties."
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5765 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. 5765.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5765 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Carlson, Constantine, Costa, Deccio, Eide, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, 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 - 44.
Voting nay: Senators Fairley, Franklin, Kline and Kohl-Welles - 4.
Excused: Senator Brown - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5765, 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 Haugen: “A point of personal privilege, Mr. President. I just want to say ‘thank you’ to the members of the Senate. We have just about completed all the work on the Blue Ribbon Commission’s recommendations. They came to us with two years of work and said ‘Please, please, we need you to make changes, but we know you will do business as usual.’ Last week and this week we have enacted almost everyone of their recommendations with the exception of the transportation commission issue and the new revenue source. I just want to say that we did something here in the Senate that was significant. We did business not as usual.
“As you can see, all these bills passed in the Senate with strong bipartisan support and I want to thank the members of my committee and as you saw there were various members who worked on all these bills. I want to thank you for your efforts in order to put down the partisan issues and tried to deal with transportation. If we don’t begin to make major investments in this state, our state will no longer be the place that we all want to live in. I believe that we have, in this body, at least made the first major steps in trying to put together a revenue package, so that all of us can go home proud of what we have done this session. Again, I want to thank each one of you for your efforts; each one of you for your votes. These were not easy bills, but they were made easy because we wanted to work together and because we all care about the outcome. Thank you, Mr. President.”
SECOND READING
SUBSTITUTE HOUSE BILL NO. 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.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1375 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1375.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1375 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 1375, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1140, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Grant, Sump, G. Chandler, Cox, McMorris, Doumit, Mielke, Armstrong, Mastin, B. Chandler, Linville, Hatfield, Alexander, Benson and Haigh)
Modifying the taxation of grain warehouses.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1140 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1140.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1140 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 1140, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1892, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Linville and G. Chandler)
Regulating agricultural commodity boards and commissions.
The bill was read the second time.
MOTIONS
On motion of Senator Rasmussen, the following Committee on Agriculture and International Trade striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 15.66.030 and 1961 c 11 s 15.66.030 are each amended to read as follows:
Marketing orders may be made for any one or more of the following purposes:
(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets or to create new or larger markets for any agricultural commodity grown in the state of Washington;
(2) To provide for carrying on research studies to find more efficient methods of production, processing, handling and marketing of any agricultural commodity;
(3) To provide for improving standards and grades by defining, establishing and providing labeling requirements with respect to the same;
(4) To investigate and take necessary action to prevent unfair trade practices;
(5) To provide information or communicate on matters pertaining to the production, processing, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(6) To provide marketing information and services for producers of an agricultural commodity;
(7) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity; and
(9) To provide for commodity-related education and training.
Sec. 2. RCW 15.66.110 and 1961 c 11 s 15.66.110 are each amended to read as follows:
Every marketing order shall establish a commodity commission composed of not less than five nor more than thirteen members. In addition, the director shall be an ex officio member of each commodity commission. Commission members shall be citizens and residents of this state if required by the marketing order, and over the age of ((twenty-five years)) eighteen. The term of office of commission members shall be three years with the terms rotating so than one-third of the terms will commence as nearly as practicable each year. However, the first commission shall be selected, one-third for a term of one year, one-third for a term of two years, and one-third for a term of three years, as nearly as practicable. No less than two-thirds of the commission members shall be elected by the affected producers and such elected members shall all be affected producers. The remaining ((one-third)) members shall be appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity or persons not so related.
Sec. 3. RCW 15.66.140 and 1985 c 261 s 20 are each amended to read as follows:
Every marketing commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:
(1) To elect a chairman and such other officers as determined advisable;
(2) To adopt, rescind and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order;
(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto;
(4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same;
(6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating expenses;
(10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient;
(11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order;
(12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the commission's marketing order. Personal service contracts must comply with chapter 39.29 RCW;
(13) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the commission's marketing order;
(14) To enter into contracts or agreements for research in the production, processing, marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order;
(17) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, manufacture, regulation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission; and
(18) Such other powers and duties that are necessary to carry out the purposes of this chapter.
Sec. 4. RCW 15.65.040 and 1961 c 256 s 4 are each amended to read as follows:
It is hereby declared to be the policy of this chapter:
(1) To aid agricultural producers in preventing economic waste in the marketing of their agricultural commodities and in developing more efficient methods of marketing agricultural products.
(2) To enable agricultural producers of this state, with the aid of the state:
(a) To develop, and engage in research for developing, better and more efficient production, marketing, and utilization of agricultural products;
(b) To establish orderly marketing of agricultural commodities;
(c) To provide for uniform grading and proper preparation of agricultural commodities for market;
(d) To provide methods and means (including, but not limited to, public relations and promotion) for the maintenance of present markets and for the development of new or larger markets, both domestic and foreign, for agricultural commodities produced within this state and for the prevention, modification, or elimination of trade barriers which obstruct the free flow of such agricultural commodities to market;
(e) To eliminate or reduce economic waste in the marketing and/or use of agricultural commodities;
(f) To restore and maintain adequate purchasing power for the agricultural producers of this state;
(g) To provide information or communicate on matters pertaining to the production, processing, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
(h) To provide marketing information and services for producers of an agricultural commodity;
(i) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
(j) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity;
(k) To provide for commodity-related education and training; and
(((g))) (l) To accomplish all the declared policies of this chapter.
(3) To protect the interest of consumers by assuring a sufficient pure and wholesome supply of agricultural commodities of good quality at all seasons and times.
Sec. 5. RCW 15.65.230 and 1961 c 256 s 23 are each amended to read as follows:
((The)) A producer member((s)) of each ((such)) commodity board ((shall)) must be a practical producer((s)) of the affected commodity and ((shall)) must be a citizen((s and)), resident((s)) of this state, and over the age of ((twenty-five)) eighteen years((, each of whom is and has)). Each producer board member must be and have been actually engaged in producing such a commodity within the state of Washington for a period of five years and ((has)) have, during that period, derived a substantial portion of his or her income therefrom and ((who is)) not be engaged in business, directly or indirectly, as a handler or other dealer. ((The)) A handler member((s)) of ((such)) each board ((shall)) must be a practical handler((s)) of the affected commodity and ((shall)) must be a citizen((s and)), resident((s)) of this state, and over the age of twenty-five years((, each of whom is and has)). Each handler board member must be and have been, either individually or as an officer or employee of a corporation, firm, partnership, association, or cooperative, actually engaged in handling such a commodity within the state of Washington for a period of five years and ((has)) have, during that period, derived a substantial portion of his or her income therefrom. The qualification of a member((s)) of the board as ((herein)) set forth in this section must continue during ((their)) the term((s)) of office.
Sec. 6. RCW 15.65.280 and 1985 c 261 s 11 are each amended to read as follows:
The powers and duties of the board shall be:
(1) To elect a chairman and such other officers as it deems advisable;
(2) To advise and counsel the director with respect to the administration and conduct of such marketing agreement or order;
(3) To recommend to the director administrative rules, regulations and orders and amendments thereto for the exercise of his powers in connection with such agreement or order;
(4) To advise the director upon any and all assessments provided pursuant to the terms of such agreement or order and upon the collection, deposit, withdrawal, disbursement and paying out of all moneys;
(5) To assist the director in the collection of such necessary information and data as the director may deem necessary in the proper administration of this chapter;
(6) To administer the order or agreement as its administrative board if the director designates it so to do in such order or agreement;
(7) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the board's marketing order;
(8) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the board's marketing order. Personal service contracts must comply with chapter 39.29 RCW;
(9) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the board's marketing order;
(10) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a board. The retention of a private attorney is subject to review by the office of the attorney general;
(11) To engage in appropriate fund-raising activities for the purpose of supporting activities of the board authorized by the marketing order;
(12) To enter into contracts or agreements for research in the production, processing, marketing, use, or distribution of an affected commodity;
(13) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, manufacture, regulation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission; and
(14) To perform such other duties as the director may prescribe in the marketing agreement or order.
Any agreement or order under which the commodity board administers the order or agreement shall (if so requested by the affected producers within the affected area in the proposal or promulgation hearing) contain provisions whereby the director reserves the power to approve or disapprove every order, rule or directive issued by the board, in which event such approval or disapproval shall be based on whether or not the director believes the board's action has been carried out in conformance with the purposes of this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 15.65 RCW to read as follows:
A commodity board may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the board was established. Commission funds may be used for the purposes authorized in the marketing order.
NEW SECTION. Sec. 8. A new section is added to chapter 15.66 RCW to read as follows:
A commodity commission may establish a foundation using commission funds as grant money when the foundation benefits the commodity for which the commission was established. Commission funds may be used for the purposes authorized in the marketing order.
NEW SECTION. Sec. 9. A new section is added to chapter 15.65 RCW to read as follows:
(1) Each board member of a commodity board established under this chapter may be compensated pursuant to RCW 43.03.230.
(2) Board members and employees of a commodity board established under this chapter may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity board's marketing order. Otherwise, if not defined or referenced in the marketing order, reimbursement for travel expenses shall be in accordance with RCW 43.03.050 and 43.03.060.
(3) Approval for compensation and travel expenses shall be as defined in the commodity board's marketing order.
NEW SECTION. Sec. 10. A new section is added to chapter 15.66 RCW to read as follows:
(1) Each board member of a commodity commission established under this chapter may be compensated pursuant to RCW 43.03.230.
(2) Board members and employees of a commodity commission established under this chapter may be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter, as defined under the commodity commission's marketing order. Otherwise, if not defined or referenced in the marketing order, reimbursement for travel expenses shall be in accordance with RCW 43.03.050 and 43.03.060.
(3) Approval for compensation and travel expenses shall be as defined in the commodity commission's marketing order.
Sec. 11. RCW 43.03.230 and 1984 c 287 s 3 are each amended to read as follows:
(1) Any agricultural commodity board or commission established pursuant to Title 15 or 16 RCW shall be identified as a class two group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a class two group is eligible to receive compensation in an amount not to exceed ((thirty-five)) one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group. A person shall not receive compensation for a day of service under this section if the person (a) occupies a position, normally regarded as full-time in nature, in any agency of the federal government, Washington state government, or Washington state local government; and (b) receives any compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it is authorized under the law dealing in particular with the specific group to which the member belongs or dealing in particular with the members of that specific group."
MOTIONS
On motion of Senator Rasmussen, the following title amendment was adopted:
On page 1, line 1 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 15.66.030, 15.66.110, 15.66.140, 15.65.040, 15.65.230, 15.65.280, and 43.03.230; adding new sections to chapter 15.65 RCW; and adding new sections to chapter 15.66 RCW."
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 1892, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1892, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1892, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE HOUSE BILL NO. 1892, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1770, by Representatives McDermott, D. Schmidt, Haigh, Miloscia, Dunshee, McMorris, Morris, Romero, Esser, Lambert, Schindler, Dickerson and Ogden
Allowing contributions to primary losers.
The bill was read the second time.
MOTIONS
On motion of Senator Patterson, the following Committee on State and Local Government striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.640 and 1995 c 397 s 20 are each amended to read as follows:
(1) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a state legislative office that in the aggregate exceed five hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.
(2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed five hundred dollars if for a state legislative office or one thousand dollars if for a state office other than a state legislative office.
(3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.
(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus political committee may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) fifty cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed twenty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(5) For purposes of determining contribution limits under subsections (3) and (4) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.
(6) Notwithstanding subsections (1) through (4) of this section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed five hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed two thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.
(7) For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.
(8) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.
(9) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.
(10) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
(11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.
(12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the state official.
(13) No person may accept contributions that exceed the contribution limitations provided in this section.
(14) The following contributions are exempt from the contribution limits of this section:
(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
(b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates."
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On line 2 of the title, after "primary;" strike the remainder of the title and insert "and amending RCW 42.17.640."
On motion of Senator Patterson, the rules were suspended, House Bill No. 1770, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1770, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1770, as amended by the Senate, 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, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Horn, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and West - 33.
Voting nay: Senators Benton, Finkbeiner, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, Long, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Winsley and Zarelli - 16.
HOUSE BILL NO. 1770, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE JOINT MEMORIAL NO. 4002, by Representatives Veloria, Campbell, Cody, Pennington, Cox, Kessler, Woods, Kenney, Romero, Bush, Keiser, Schoesler, Armstrong, Clements, Delvin, Santos, McIntire, O'Brien, D. Schmidt, Tokuda, Haigh, Edwards, Darneille, Schual-Berke and Talcott
Asking that the federal government provide veterans' benefits owed to Filipino veterans.
The joint memorial was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Joint Memorial No. 4002 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 House Joint Memorial No. 4002.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4002 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.
HOUSE JOINT MEMORIAL NO. 4002, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 1577, by Representatives D. Schmidt and Romero (by request of Secretary of State Reed)
Clarifying standards for candidates using party designations.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1577 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Roach: “Senator Patterson, the question that I have is if a candidate from a minor party should be nominated or supported by two or three of those minor parties, would they be able to show that on a ballot?”
Senator Patterson: “Senator Roach, you were in the committee with me there. That particular question was not raised. I guess Senator Gardner knows the answer to that question. Senator Gardner.”
REMARKS BY SENATOR GARDNER
Senator Gardner: “Thank you Mr. President. I do have the answer, since I had the same bill in the Senate. The purpose of the bill is to prevent one candidate having a dual party designation on the ballot.”
Senator Roach: “Thank you, Senator Gardner.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1577.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1577 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 1; Excused, 0.
Voting yea: Senators Brown, 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, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West and Winsley - 42.
Voting nay: Senators Benton, Carlson, Roach, Stevens, Swecker and Zarelli - 6.
Absent: Senator Johnson - 1.
HOUSE BILL NO. 1577, 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 Honeyford, Senator Johnson was excused.
On motion of Senator Eide, Senator Kline was excused.
SECOND READING
HOUSE BILL NO. 1634, by Representatives Santos, DeBolt, Hatfield and Benson (by request of Insurance Commissioner Kreidler)
Prioritizing and ordering the distribution of claims of an insurer's estate.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1634 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1634.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1634 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, 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 - 48.
Absent: Senator Hargrove - 1.
HOUSE BILL NO. 1634, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SENATE BILL NO. 5686, by Senators Eide, Rasmussen, Kohl-Welles, McAuliffe and Carlson (by request of Governor Locke)
Changing academic assessments timelines.
The bill was read the second time.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 3, line 16, after "requirements." insert "However, the assessments shall be postponed until it is proven through scientific research that the assessments are a reliable and valid measure of basic academics."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 3, line 16, to Senate Bill No. 5686.
The motion by Senator Hochstatter failed and the amendment was not adopted.
MOTION
Senator Carlson moved that the following amendment be adopted:
On page 4, after line 4, insert the following:
"The high school social studies component of the Washington assessment of student learning shall not be administered before the eleventh grade."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Carlson on page 4, line 4, to Senate Bill No. 5686.
The motion by Senator Carlson carried and the amendment was adopted.
MOTION
Senator Johnson moved that the following amendment by Senators Johnson, Eide and McAuliffe be adopted:
On page 4, after line 4, insert the following:
"Prior to 2008, any student who passes the high school assessments shall receive an endorsement on his or her high school transcript."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Johnson on page 4, line 4, to Senate Bill No. 5686.
The motion by Senator Johnson carried and the amendment was adopted.
MOTION
Senator Finkbeiner moved that the following amendment by Senators Finkbeiner and Zarelli be adopted:
On page 4, after line 4, insert the following:
"The high school assessments in arts, health, and fitness shall lead to an endorsement and shall not be required for high school graduation."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Finkbeiner and Zarelli on page 4, line 4, to Senate Bill No. 5686.
The motion by Senator Finkbeiner failed on a rising vote and the amendment was not adopted.
MOTION
Senator Finkbeiner moved that the following amendment by be adopted:
On page 8, after line 32, insert the following:
"Sec. 2. RCW 28A.230.195 and 1999 c 373 s 603 are each amended to read as follows:
(1) If students' scores on the test or assessments under RCW 28A.230.190, 28A.230.230, and ((28A.630.885)) 28A.655.060 indicate that students need help in identified areas, the school district shall evaluate its instructional practices and make appropriate adjustments.
(2) Each school district shall notify the parents of each student of their child's performance on the test and assessments conducted under this chapter.
(3) After data are complete and accurate, the superintendent of public instruction shall make the writing portion of the Washington assessment of student learning for individual students available to schools. Schools shall make available the writing portion of each student's assessment and information on the criteria used to determine the student's score to the student, the student's parent or guardian, and the student's teacher. The student's teacher shall not be required to correct the writing portion of the assessment.
Sec. 3. RCW 28A.655.090 and 1999 c 388 s 301 are each amended to read as follows:
(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school districts, and the legislature on the results of the Washington assessment of student learning and state-mandated norm-referenced standardized tests.
(2) The reports shall include the assessment results by school and school district, and include changes over time. For the Washington assessment of student learning, results shall be reported as follows:
(a) The percentage of students meeting the standards;
(b) The percentage of students performing at each level of the assessment; and
(c) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.
(3) The reports shall contain data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
(4) The reports shall contain student scores on mandated tests by comparable Washington schools of similar characteristics.
(5) The reports shall contain information on public school choice options available to students, including vocational education.
(6) The reports shall be posted on the superintendent of public instruction's internet web site.
(7) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of statewide data files until the superintendent determines that the data are complete and accurate.
(8) After the data are complete and accurate, the superintendent of public instruction shall make the writing portion of the Washington assessment of student learning for individual students available to schools. Schools shall make available the writing portion of each student's assessment and information on the criteria used to determine the student's score to the student, the student's parent or guardian, and the student's teacher. The student's teacher shall not be required to correct the writing portion of the assessment.
(9) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.
NEW SECTION. Sec. 4. By September 1, 2001, the office of the superintendent of public instruction shall report to the governor and the fiscal and education committees of the legislature on the estimated cost of returning additional test questions and answers to parents and teachers.
NEW SECTION. Sec. 5. Sections 2 and 3 of this act take effect September 1, 2002.
NEW SECTION. Sec. 6. If specific funding for the purposes of sections 2 through 5 of this act, referencing sections 2 through 5 of this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, sections 2 through 5 of this act are null and void."
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 amendment by Senator Finkbeiner on page 8, after line 32, to Senate Bill No. 5686.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 23.
Voting nay: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel and Thibaudeau - 25.
Absent: Senator Hargrove - 1.
MOTION
On motion of Senator Eide, the rules were suspended, Engrossed Senate Bill No. 5686 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5686.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5686 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senators Hewitt and Honeyford - 2.
Absent: Senator Hargrove - 1.
ENGROSSED SENATE BILL NO. 5686, 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 Thibaudeau was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1739, by House Committee on State Government (originally sponsored by Representatives Bush, D. Schmidt, Romero, Miloscia, Anderson, Campbell, Talcott, Esser and Casada) (by request of Secretary of State Reed)
Protecting the integrity of elections.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute House Bill No. 1739 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1739.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1739 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE HOUSE BILL NO. 1739, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1836, by House Committee on Natural Resources (originally sponsored by Representatives Edwards, Doumit, Sump, Cooper, Haigh, Eickmeyer, Tokuda, Boldt, Dunn, Esser, Lovick and Jackley)
Creating a legislative task force on local park and recreation maintenance and operations.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1836 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1836.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1836 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE HOUSE BILL NO. 1836, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1632, by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Ruderman, Anderson, Schual-Berke and Casada) (by request of Department of Information Services)
Prescribing criminal penalties for fraudulently obtaining or using digital signatures and digital certificates.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Substitute House Bill No. 1632 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1632.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1632 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE HOUSE BILL NO. 1632, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator West served notice to reconsider the vote by which Substitute House Bill No. 1836 passed the Senate earlier today.
SECOND READING
HOUSE BILL NO. 1983, by Representatives Benson and Hatfield
Modifying "debt collector" so the term excludes affiliates of creditors that service creditor's accounts.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1983 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1983.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1983 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
HOUSE BILL NO. 1983, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1095, by Representatives Mitchell, Fisher and Hankins (by request of Department of Transportation)
Updating oversize load permits.
The bill was read the second time.
MOTION
On motion of Senator Kastama, the following amendment by Senators Kastama, Benton and Haugen was adopted:
On page 1, after line 18, insert the following:
"Sec. 2. RCW 46.44.091 and 1989 c 52 s 1 are each amended to read as follows:
(1) Except as otherwise provided in subsections (3) and (4) of this section, no special permit shall be issued for movement on any state highway or route of a state highway within the limits of any city or town where the gross weight, including load, exceeds the following limits:
(a) Twenty-two thousand pounds on a single axle or on dual axles with a wheelbase between the first and second axles of less than three feet six inches;
(b) Forty-three thousand pounds on dual axles having a wheelbase between the first and second axles of not less than three feet six inches but less than seven feet;
(c) On any group of axles or in the case of a vehicle employing two single axles with a wheel base between the first and last axle of not less than seven feet but less than ten feet, a weight in pounds determined by multiplying six thousand five hundred times the distance in feet between the center of the first axle and the center of the last axle of the group;
(d) On any group of axles with a wheel base between the first and last axle of not less than ten feet but less than thirty feet, a weight in pounds determined by multiplying two thousand two hundred times the sum of twenty and the distance in feet between the center of the first axle and the center of the last axle of the group;
(e) On any group of axles with a wheel base between the first and last axle of thirty feet or greater, a weight in pounds determined by multiplying one thousand six hundred times the sum of forty and the distance in feet between the center of the first axle and the center of the last axle of the group.
(2) The total weight of a vehicle or combination of vehicles allowable by special permit under subsection (1) of this section shall be governed by the lesser of the weights obtained by using the total number of axles as a group or any combination of axles as a group.
(3) The weight limitations pertaining to single axles may be exceeded to permit the movement of equipment operating upon single pneumatic tires having a rim width of twenty inches or more and a rim diameter of twenty-four inches or more or dual pneumatic tires having a rim width of sixteen inches or more and a rim diameter of twenty-four inches or more and specially designed vehicles manufactured and certified for special permits prior to July 1, 1975.
(4) Permits may be issued for weights in excess of the limitations contained in subsection (1) of this section on highways or sections of highways which have been designed and constructed for weights in excess of such limitations, or for any shipment duly certified as necessary by military officials, or by officials of public or private power facilities, or when in the opinion of the department of transportation the movement or action is a necessary movement or action: PROVIDED, That in the judgment of the department of transportation the structures and highway surfaces on the routes involved are capable of sustaining weights in excess of such limitations and it is not reasonable for economic or operational considerations to transport such excess weights by rail or water for any substantial distance of the total mileage applied for.
(5) ((Permits may be issued for the operation of fire trucks on the public highways if the maximum gross weight on any single axle does not exceed twenty-four thousand pounds and the gross weight on any tandem axle does not exceed forty-three thousand pounds.
(6))) Application shall be made in writing on special forms provided by the department of transportation and shall be submitted at least thirty-six hours in advance of the proposed movement. An application for a special permit for a gross weight of any combination of vehicles exceeding two hundred thousand pounds shall be submitted in writing to the department of transportation at least thirty days in advance of the proposed movement.
NEW SECTION. Sec. 3 A new section is added to chapter 46.44 RCW to read as follows:
(1) As used in this section, "fire-fighting apparatus" means a vehicle or combination of vehicles, owned by a regularly organized fire suppression agency, designed, maintained, and used exclusively for fire suppression and rescue or for fire prevention activities. These vehicles and associated loads or equipment are necessary to protect the public safety and are considered nondivisible loads. A vehicle or combination of vehicles that is not designed primarily for fire suppression including, but not limited to, a hazardous materials response vehicle, bus, mobile kitchen, mobile sanitation facility, and heavy equipment transport vehicle is not a fire-fighting apparatus for purposes of this section.
(2) Fire-fighting apparatus must comply with all applicable federal and state vehicle operating and safety criteria, including rules adopted by agencies within each jurisdiction.
(3) All owners and operators of fire-fighting apparatus shall comply with current information, available through the department, regarding the applicable load restrictions of state bridges within the designated fire service area, including any automatic or mutual aid agreement areas.
(4) Fire-fighting apparatus operating within a fire district boundary of the owner of the apparatus, including any automatic or mutual aid agreement areas, may operate without a permit if:
(a) The weight does not exceed:
(i) 600 pounds per inch width of tire;
(ii) 24,000 pounds on a single axle;
(iii) 43,000 pounds on a tandem axle set;
(iv) 67,000 pounds gross vehicle weight, subject to the gross weight limits of RCW 46.44.091(1) (c), (d), and (e);
(v) The tire manufacturer's tire load rating.
(b) There is no tridem axle set.
(c) The dimensions do not exceed:
(i) 8 feet, 6 inches wide;
(ii) 14 feet high;
(iii) 50 feet overall length;
(iv) 15 foot front overhang;
(v) Rear overhang not exceeding the length of the wheel base.
(5) The department may grant permits for fire fighting apparatus that exceed the weight limits in subsection (4) of this section only if they were put into operation in this state before July 1, 2001. The department shall issue the permit on an annual basis for the apparatus to operate within the designated fire service area, including mutual benefit agreement areas, subject to the applicable load restrictions of state bridges referred to in subsection (3) of this section and any other limitations stipulated on the permit. Before issuing a permit, the department will compare the apparatus to be permitted with the bridge load ratings for structures on state highways within the operating area. The permit will denote any structures where access by the apparatus is either based on special operating instructions or is denied."
Renumber the section following consecutively.
MOTIONS
On motion of Senator Gardner, the following title amendment was adopted:
On line 2 of the title, after "46.44.090" insert "and 46.44.091; adding a new section to chapter 46.44 RCW;"
On motion of Senator Gardner, the rules were suspended, House Bill No. 1095, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1095, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1095, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators 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, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
HOUSE BILL NO. 1095, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 1623, by Representatives Kenney, Cox, Skinner, Benson, Gombosky, Rockefeller, Edwards and Mulliken
Authorizing four-year public institutions of higher education to participate with the state in investing surplus funds.
The bill was read the second time.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1623 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1623.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1623 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
HOUSE BILL NO. 1623, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1019, by House Committee on Natural Resources (originally sponsored by Representatives Pennington, Hatfield, Mielke and Ogden)
Modifying the composition of the fish and wildlife commission.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1019 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1019.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1019 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.
Voting nay: Senators Constantine, Fraser, Kohl-Welles, Prentice and Regala - 5.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE HOUSE BILL NO. 1019, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, by House Committee on Capital Budget (originally sponsored by Representatives Esser, McIntire, Alexander and Murray) (by request of Office of Financial Management)
Providing for supplemental capital budget appropriations.
The bill was read the second time.
MOTIONS
On motion of Senator of Senator Spanel, the following amendment by Senators Spanel, Honeyford, Zarelli and Fairley was adopted:
On page 3, beginning on line 30, strike all material down to and including page 4, line 13, and insert the following:
“(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pritchard building, the Cherberg building, and the Newhouse building.
(d) The department shall temporarily move the state library to the Sunset Life building by June 30, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;”
MOTION
On motion of Senator Zarelli, the rules were suspended, Engrossed Substitute House Bill No. 1625, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1625, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1625, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators 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, West, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1625, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1971, by House Committee on Education (originally sponsored by Representatives Quall and Talcott)
Allowing certified real estate appraisers to appraise school district property.
The bill was read the second time.
MOTIONS
On motion of Senator McAuliffe, the following Committee on Education striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.335.090 and 1995 c 358 s 1 are each amended to read as follows:
(1) The board of directors of each school district shall have exclusive control of all school property, real or personal, belonging to the district; said board shall have power, subject to RCW 28A.335.120, in the name of the district, to convey by deed all the interest of their district in or to any real property of the district which is no longer required for school purposes. Except as otherwise specially provided by law, and RCW 28A.335.120, the board of directors of each school district may purchase, lease, receive and hold real and personal property in the name of the district, and rent, lease or sell the same, and all conveyances of real estate made to the district shall vest title in the district.
(2) Any purchase of real property by a school district shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020 or by a general real estate appraiser certified under chapter 18.140 RCW who was selected by the board of directors.
Sec. 2. RCW 28A.335.120 and 1995 c 358 s 2 are each amended to read as follows:
(1) The board of directors of any school district of this state may:
(a) Sell for cash, at public or private sale, and convey by deed all interest of the district in or to any of the real property of the district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by deed all interest of the district in or to such acquired and improved real property.
(2) When the board of directors of any school district proposes a sale of school district real property pursuant to this section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention to sell the property. The notice shall be published at least once each week during two consecutive weeks in a legal newspaper with a general circulation in the area in which the school district is located. The notice shall describe the property to be sold and designate the place where and the day and hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the school district property at the place and the day and hour fixed in the notice and admit evidence offered for and against the propriety and advisability of the proposed sale.
(3) The board of directors of any school district desiring to sell surplus real property shall publish a notice in a newspaper of general circulation in the school district. School districts shall not sell the property for at least forty-five days following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along with all other bids.
(5) Any sale of school district real property authorized pursuant to this section shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020 or a general real estate appraiser certified under chapter 18.140 RCW selected by the board of directors and no sale shall take place if the sale price would be less than ninety percent of the appraisal made by the ((professionally designated)) real estate appraiser: PROVIDED, That if the property has been on the market for one year or more the property may be reappraised and sold for not less than seventy-five percent of the reappraised value with the unanimous consent of the board.
(6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded: PROVIDED, That the use of a licensed real estate broker will not eliminate the obligation of the board of directors to provide the notice described in this section: PROVIDED FURTHER, That the fee or commissions charged for any broker services shall not exceed seven percent of the resulting sale value for a single parcel: PROVIDED FURTHER, That any professionally designated real estate appraiser as defined in RCW 74.46.020 or a general real estate appraiser certified under chapter 18.140 RCW selected by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the school district to sell such parcel of property for a period of three years after the appraisal.
(7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer: PROVIDED, That the terms and conditions of any such sales contract must comply with rules and regulations of the state board of education, herein authorized, governing school district real property contract sales."
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 2 of the title, after "properties;" strike the remainder of the title and insert "and amending RCW 28A.335.090 and 28A.335.120."
On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1971, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1971, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1971, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators 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, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.
Absent: Senator McDonald - 1.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE HOUSE BILL NO. 1971, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 4:49 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Thursday, April 5, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate