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EIGHTY-NINTH DAY
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MORNING SESSION
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Senate Chamber, Cherberg Building, Olympia, Friday, April 6, 2001
The Senate was called to order at 9:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Horn and Morton. On motion of Senator Honeyford, Senators Horn and Morton were excused.
The Sergeant at Arms Color Guard, consisting of Pages Jaime Klippert and Nicholas Dietzen, presented the Colors. Bishop Carlos Sevilla from the Catholic Diocese of Yakima 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.
MESSAGES FROM THE HOUSE
April 4, 2001
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5013,
SUBSTITUTE SENATE BILL NO. 5015,
SENATE BILL NO. 5022,
SENATE BILL NO. 5038,
SENATE BILL NO. 5047,
SENATE BILL NO. 5048,
ENGROSSED SENATE BILL NO. 5051,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5052,
SENATE BILL NO. 5121,
SENATE BILL NO. 5145,
SUBSTITUTE SENATE BILL NO. 5219,
SUBSTITUTE SENATE BILL NO. 5241,
SENATE BILL NO. 5252,
ENGROSSED SENATE BILL NO. 5258,
SENATE BILL NO. 5273,
SENATE BILL NO. 5331,
SENATE BILL NO. 5367, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 4, 2001
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5691, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 4, 2001
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 6109, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 4, 2001
MR. PRESIDENT:
The House has passed:
ENGROSSED SENATE BILL NO. 5053,
SENATE BILL NO. 5061,
SUBSTITUTE SENATE BILL NO. 5958,
SENATE BILL NO. 5972,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SENATE BILL NO. 6022, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
CYNTHIA ZEHNDER, Co-Chief Clerk
April 4, 2001
MR. PRESIDENT:
The Co-Speakers have signed HOUSE BILL NO. 1100, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 5, 2001
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5057,
SUBSTITUTE SENATE BILL NO. 5118, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5013,
SUBSTITUTE SENATE BILL NO. 5015,
SENATE BILL NO. 5022,
SENATE BILL NO. 5038,
SENATE BILL NO. 5047,
SENATE BILL NO. 5048,
ENGROSSED SENATE BILL NO. 5051,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5052,
SENATE BILL NO. 5121,
SENATE BILL NO. 5145,
SUBSTITUTE SENATE BILL NO. 5219,
SUBSTITUTE SENATE BILL NO. 5241,
SENATE BILL NO. 5252,
ENGROSSED SENATE BILL NO. 5258,
SENATE BILL NO. 5273,
SENATE BILL NO. 5331,
SENATE BILL NO. 5367.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5057,
SUBSTITUTE SENATE BILL NO. 5118.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5691.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 6109.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5053,
SENATE BILL NO. 5061,
SUBSTITUTE SENATE BILL NO. 5958,
SENATE BILL NO. 5972,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5995,
SENATE BILL NO. 6022.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1100.
INTRODUCTION AND FIRST READING
SB 6174 by Senators T. Sheldon, Morton, Hale, Zarelli, Honeyford, Horn, Hewitt, Rossi, Stevens, Finkbeiner, Sheahan and Hargrove and Roach
AN ACT Relating to the management of state energy supply and demand; amending RCW 80.50.020, 80.50.060, 80.50.100, 80.52.030, 82.16.055, 19.29A.040, 82.08.02567, and 82.12.02567; adding new sections to chapter 80.50 RCW; adding a new section to chapter 80.52 RCW; adding a new section to chapter 82.34 RCW; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 19.29A RCW; creating new sections; providing expiration dates; and declaring an emergency.
Referred to Committee on Environment, Energy and Water.
MOTION
On motion of Senator Kohl-Welles, the following resolution was adopted:
SENATE RESOLUTION 2001-8621
By Senators Kohl-Welles, McDonald, Deccio, Thibaudeau, Johnson, Prentice, Rasmussen, Fraser, Swecker and Fairley
WHEREAS, The Senate wishes to recognize the value of Community Rehabilitation Programs and the contributions they make to our state; and
WHEREAS, There are more than one hundred rehabilitation programs in the state of Washington that serve approximately 20,000 citizens with severe disabilities and other barriers to employment each year; and
WHEREAS, These programs support universal access of all our citizens to appropriate and satisfying employment and related supporting services and opportunities, and support the individual’s right to self-determination and choice including the right to live and to work where and with whom one chooses; and
WHEREAS, These programs provide an array of employment services and employment opportunities to Washington’s citizens having the most severe barriers to full community integration and competitive employment, including persons with developmental disabilities and WorkFirst participants; and
WHEREAS, Rehabilitation programs address employment needs that no other segment of the service delivery system performs; and
WHEREAS, They are the employers of choice for many and they also are the employers of last resort for many others; and
WHEREAS, In order to fully support individuals with developmental and other severe disabilities in our state, these programs must be recognized and valued for the unique and essential role they perform in the state’s service delivery system and employment network;
NOW, THEREFORE, BE IT RESOLVED, That the Senate honor and celebrate the professionals and volunteers who operate and govern the Community Rehabilitation Programs serving our citizens with the severest barriers to employment.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced the organizational members of the Community Rehabilitation Programs from across the state, who were seated in the back of the Chamber.
MOTION
At 9:16 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:26 a.m. by President Pro Tempore Franklin.
MOTION
On motion of Senator Betti Sheldon the Senate reverted to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9111, Carolyn J. Purnell, as a member of the State Board for Community and Technical Colleges, was confirmed.
REAPPOINTMENT OF CAROLYN J. PURNELL
The Secretary called the roll. The reappointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Horn and Morton - 2.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
SENATE RESOLUTION 2001-8657
By Senators Rasmussen, Snyder, Winsley, Regala, Franklin, Kastama, Swecker, Shin, Roach, McCaslin, Oke, Johnson, Kohl-Welles, Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Long, McAuliffe, McDonald, Morton, Parlette, Patterson, Prentice, Rossi, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Thibaudeau, West and Zarelli
WHEREAS, The Washington State Senate takes honor in recognizing residents who have dedicated their life to service; and
WHEREAS, Helmut “Brownie” Braunsteiner of Tacoma, has been a leader and a volunteer throughout his life, demonstrating the difference one person can make in so many others’ lives; and
WHEREAS, Brownie was born in Austria in 1926 and was forced into the Hitler Youth Organization until the Nazis discovered his mother was Jewish; and
WHEREAS, Brownie escaped to America with his family in October of 1939; and
WHEREAS, In 1944, Brownie began his twenty-seven year career in the Army, serving in World War II, Korea and Vietnam; and
WHEREAS, Because he spoke fluent German, Brownie acted as an interpreter-translator at the Nuremberg War Crimes Trials in 1945, and in 1961 he tutored former President John F. Kennedy in Berlin on the exact pronunciation of JFK’s famous phrase of unity, “Ich bin ein Berliner;” and
WHEREAS, Brownie turned to volunteerism, because as a patriotic person thankful to enjoy the fruits of American freedom, he felt he owed the United States a favor; and
WHEREAS, For thirty years, Brownie has been a full-time volunteer for veterans organizations, coordinating Veterans of Foreign Wars volunteers for the VA Hospital at American Lake and chairing the Pierce County Veterans Advisory Council; and
WHEREAS, In 1987, Brownie helped found Fife’s Veterans Independent Enterprises of Washington, which rehabilitates homeless drug or alcohol dependent vets--housing them in its own facilities and placing them in jobs in its workshop; and
WHEREAS, After developing diabetes, Brownie has volunteered countless hours with the Diabetes Association of Pierce County; and
WHEREAS, The Diabetes Association of Pierce County, established in 1978, is a local nonprofit organization that has screened 96,825 people for diabetes at no charge – and Brownie has conducted ninety percent of those screenings; and
WHEREAS, Brownie tries to help people detect diabetes in time to prevent severe complications--going so far as to check if they’ve been to a doctor about their condition three weeks after the test; and
WHEREAS, Brownie, who recently celebrated his seventy-fifth birthday, was diagnosed with terminal lung cancer a few months ago, and has been given four to six months to live;
NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate does hereby recognize the outstanding contributions, selfless volunteerism, patriotism and endless devotion made by Brownie Braunsteiner to the people of Washington and the United States; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately from the Secretary of the Senate to Helmut “Brownie” Braunsteiner and his family, the Diabetes Association of Pierce County and the Veterans Independent Enterprises of Washington.
MOTION
Senator Rasmussen: “Thank you, Madam President. I move adoption of the resolution. Ladies and gentlemen of the Senate, I think we truly, truly have one of the finest individuals ever born in this country--I mean this world, because he was born in Austria. He is a supreme, wonderful, wonderful person. I brought this resolution to you because I want you to know how great America is because this fellow certainly has proved it in his patriotism and his volunteerism.
“If you read the resolution--just think of it--97,000 people he screened for diabetes. Ninety percent of those, he did himself. That’s a lot. Think of what he’s done for our country, being an interpreter in the Nuremberg trials. I just want to give you this opportunity to get to meet Brownie. I am so delighted that he is here and I am hoping that we will have enough time for Brownie to tell us a little bit about his life. Every once in awhile you want to make sure there’s somebody for your kids to look up to. We all look up to you, Brownie, and we love you very much.”
REMARKS BY SENATOR OKE
Senator Oke: “Thank you, Madam Chair. Brownie, again, it’s an honor to be here with you and I salute you, sir, for your service. You’ve got a wonderful looking hair cut, I’ll tell you that. Every time I attend a veteran’s event, Brownie’s there. I don’t know how he finds time to be everywhere, but you can see from what’s already shared that this individual has done so much in his life. He has a heart for people and he has helped so many people. The World War II Memorial is something that Brownie was deeply involved with and reminded me quite often that if we didn’t get that memorial, there wouldn’t be anybody that served that could actually view it. That memorial is a tribute to you, Brownie, and thanks for the years of service, and thank you and God bless you, sir.”
REMARKS BY SENATOR KASTAMA
Senator Kastama: “Thank you, Madam President. Brownie, it’s a pleasure to go ahead and speak on your behalf. I think this is just a clear example of a person’s life when you concentrate on the needs of others, your concerns, your fears, your animosities, they fade to the background and you can see life in a clear way, and I think Brownie’s a clear example of that. As was said in the resolution, he was born in Austria in 1926. He was actually forced into the Hitler Youth Organization as a thirteen year old, but then ejected from that when they found out his mother was Jewish. What it doesn’t say was the fact that because of this, everyday when he was on his way to school and after school, he was beaten by those very same individuals--those Hitler youth individuals.
“Coming to this country, he served the United States in World War II, Korea and in Vietnam. Then, he went on to participate in volunteerism to give back to this country. Brownie, thank you very much for that. It’s already been said that he was the coordinator for the VFW Volunteers, the VA Hospital, Chairman of the Pierce County Veteran’s Advisory Council and then he also worked extensively in diabetes, assisting people in that regard.
“I’d like to read from a column that was written on your behalf, Brownie, in February this year, and again, I think this just displays the fact that concentrating on other people’s concerns often takes your life and puts it in the background and makes you see things clear. This is quoting from Brownie, he said, ‘My glass is still half full. I’ve had a very good life. I’ve had the opportunity to come to a free country. Think what would have happened to me if I would have ended up in a concentration camp. I could have died on patrol in Vietnam. I hope I’ve given back, but I need a little bit more time now to find replacements for me and to train them. Nobody is irreplaceable.’
“Brownie, you’re not replaceable, we know that. The columnist goes on to say that we agree Brownie. Heroes are mighty hard to replace. You’re a hero. Thank you, Brownie.”
REMARKS BY SENATOR WINSLEY
Senator Winsley: “Thank you, Madam President. It’s an honor to pay tribute to Brownie. I think of Brownie as Mr. Veteran, but I also have to think about Tom Brokaw’s book about the greatest generation that every lived. Brownie has seen the depression and the political turmoil in Europe and then he came and joined American forces in World War II. That generation is, I think, a generation that we really need to pay tribute to as a whole. I sometimes--I used to tell my children and now I tell my grandchildren, how many miles I had to walk to school one way. We’ve all done that, haven’t we? They laugh and then my husband always says, ‘And I was working when I was thirteen.’ That initiative, that work ethic, is part of that generation.
“I’d also like to share with members that Brownie’s illness is probably due to Agent Orange that he contacted in Vietnam and that’s sad that all those many years he gave to our country--and now his illness is probably due to that service. Anyhow, God bless you.”
REMARKS BY SENATOR SHIN
Senator Shin: “Thank you, Madam President. I stand up to honor Senate Resolution 2001-8657. Brownie’s story is an epitome of what America stands for. Throughout history, from way back in the nineteenth century to today, multitudes of people, refugees and political exiles came to this country. Once they found freedom, they did not stop there. They appreciate freedom and protect their freedom and they want to pay back the blessings they have received. Brownie, I want to congratulate you. Learning about the Third Reich and what the Hitler regime has done to, not only Germany, but to Europe, especially against the Jewish people is unthinkable--is repugnant.
“But history may not repeat itself, because of what you have done. You came here to this country, not as a refugee alone and you’re grateful for this country. Therefore, you not only volunteered to the military, serving there in many capacities, but to the Alzheimer and the Diabetes Association. You’re the kind of person whose footsteps I would like to follow, because you lead me and I, too, am an immigrant. I’m not a refugee, but I am an immigrant who came from abroad and learned about the blessings of this country. I would like to have the members of the Senate know what this country means to me and to know that even though we are immigrants, we’ll make good American citizens.
“Many people ask me, ‘Are you Japanese?’ I said, ‘No.’ ‘Are you Chinese?’ I said, ‘No.’ ‘Then, what are you?’ I tell them proudly, ‘I am an American.’ In 1998, when I was elected as a State Senator, I was the highest ranking officer of Korean descent elected to legislative office in this country. The Korean government invited me to Korea and at the airport, there was media and TV and radio and dignitaries welcoming me as a national hero. The press asked me, ‘In your district, are your constituents mostly Asians?’ I said, ‘No.’ Then they said, ‘Who are they?’ I answered, ‘Well, ninety-six percent are white Americans and four percent are minority.’ ‘ And they voted for you?’ I said, ‘ Yes.’ ‘How could they vote for you?’ I didn’t know what to say. I said, ‘That’s a living testimony that American democracy really works.’ Next morning on the front page of the newspaper, American democracy really does works. I was proud of what I said to them. A little bit of a lesson in democracy could teach others, as well.
“Brownie, like you, I’m grateful to this country. I think you have paid back the dues more than we deserve and congratulations to you. I’m sorry I didn’t get a chance to meet you sooner, but I wish to have a chance to talk to you and learn something about what really admonished you to serve and for what you have done for this country. In 1963, President Kennedy said, ‘Ask not what your country can do for you but ask what you can do for your country.’ Thank you very much for the lesson and the living testimony.”
REMARKS BY SENATOR BENTON
Senator Benton: “Thank you, Madam President. I, too, rise to add my name to those here honoring Brownie today. It’s an honor for him to be here, but I’ll tell you it’s an honor for us to be able to honor you, sir. It has been my pleasure to work with you since my arrival in the House of Representatives in 1995 and throughout that time, we have worked very closely together, most of those years struggling to build the World War II Memorial here on the Capital Campus. Without your tenacity and dedication to that cause, it certainly would never have occurred and for that I thank you, as many generations to come will as well.
“Thank you for your service to this great country and thank you for your service to the citizens of this great state. As many people before me have said, you are a model mentor--someone for all of us to look up to. So, on behalf of my family and my children and my grandchildren to come, I thank you for everything you have done for all of us. Thank you, Brownie.”
REMARKS BY SENATOR REGALA
Senator Regala: “Thank you, Madam President. It’s also my privilege to be able to stand here and to honor Brownie this morning. You know, it was interesting as I watched my fellow Senators as we were listening to the resolution, the expressions on people’s faces as it began to sink in what an outstanding man this man in front of us--Brownie Braunsteiner--is and the accomplishments that he has had in his life. Although he has done some really outstanding things and met some very famous people and been in very important places, the thing that stands out in my mind is that whenever you meet Brownie, he always has a smile. He’s always very happy to meet you no matter who you are and he has devoted his life to serving this country that he adopted and also to serving some of those who others would consider less important. Brownie has worked tirelessly on behalf of veterans who are dealing with substance abuse, veterans who are homeless and of course, he has done his outstanding service for those who are suffering with diabetes. Although he has met many high and famous people, Brownie has never forgotten that everyone is important and he works very hard for them. I think the fact that he’s always willing to give of himself is what makes him such a wonderful person and I hope that we’ll all be able to give you some love back that will sustain you in these next few days as you struggle. Thank you, Brownie.”
REMARKS BY SENATOR DECCIO
Senator Deccio: “Thank you, Madam President. Sir, I don’t know you, but we have something in common. As a veteran of World War II and a diabetic, I salute you.”
REMARKS BY SENATOR SNYDER
Senator Snyder: “Thank you, Madam President. I was privileged to serve on the World War II Memorial Committee with Brownie. He was one of the worker bees. I was privileged to be on the committee and. I hope that I did my share, but Brownie carried the load for several people and he’s one of those people that, as the resolution says, that’s been doing things for everybody forever. We’re sorry that he can’t go on for another one hundred years to keep doing those things, because I am sure it’s going to take several people to take his place to do all of the things that he has been doing these past number of years.
“As I’ve been listening to the remarks and reread the resolution, I think of two comments that have been made and one of them is that you Brownie never said a lot at the meetings, but when you did speak, it was like the old E. F. Hutton ad, ‘When Brownie speaks, everybody listens.’ The other one was what Warren Magnuson used to say, ‘That there’s two types of horses--there are show horses and there are work horses.’ Brownie is a work horse. There’s no question about it. I want to thank you too on behalf of everybody. Thank you.”
REMARKS BY SENATOR SWECKER
Senator Swecker: “Thank you, Madam President. Well, Brownie, I want you to know that you’re a model. I’m a veteran from a subsequent war and a younger generation, but your dedication to the cause of serving fellow veterans well beyond your service, your formal service in our country-our country’s armed forces--is a model that my generation needs to emulate. So, I thank you for your demonstration of leadership for us and I just pray that our generation has those talented and key individuals who are willing to step forth and be advocates for the veterans of our conflicts. Thank you.”
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution 2001-8657.
The motion by Senator Rasmussen carried and Senate Resolution 2001-8657 was adopted.
MOTIONS
On motion of Senator Benton, the names of all members of the Senate will be added as sponsors of the resolution.
On motion of Senator Benton, the remarks by the members on the resolution will be spread across the Journal and sent to Mr. Braunsteiner.
REMARKS BY SENATOR RASMUSSEN
Senator Rasmussen: “Thank you, Madam President. I hope we indeed will have time to have some remarks from Brownie and as we welcome him and as we honor him. We want our hero to be able to say a few remarks and those, too, I would like to make sure they are spread upon the journal. Thank you.”
REMARKS BY HELMUT “BROWNIE” BRAUNSTEINER
Helmut ‘Brownie’ Braunsteiner: “Well, thank you so much. I’ve temporarily done away with my oxygen. I hope I don’t run out of steam. I’m overwhelmed. The resolution is just marvelous. But standing before you, you know, coming from a country that formerly had a mandatory system of voting made me more conscious in the United States of the political system and I have followed what you have been doing for many, many years. Some are gone now and others have taken their place, but I tell you that you’re doing a marvelous job. I cannot tell you that the system that we have, not only in the state, but overall in the United States is just fantastic.
“Senator ‘Mom’ wanted me to just briefly explain one incident in my life and I was been very privileged and that is when I acted as an interpreter translator for John F. Kennedy in Berlin. One of the interesting features--first of all, let me explain something. I spent about four hours with President Kennedy sitting in a room trying to get a statement that he wished to make to the people in Berlin and it translated into this huge crowd that was assembled in the Square. What he wanted to convey to them that if as an enclave that was entirely surrounded by the Soviet Union and the East Germans, if in fact, they felt that freedom meant that much to them being inhibited in movement in any direction. Now, that sentence--and I have to give it to you in German--‘Ich bin ein Berliner.’ [I am a resident of Berlin.]. That’s the way the German language works.
“Now, he was in a mode where he would say, ‘Ick bin ein Berliner,’ so it took several hours of phonetic explanation. He would take one word--John F. Kennedy was a very, very bright and astute individual, but he was very impatient. He was very driving and abrupt and he just forced everything out of you. He had a great memory, but he scribbled on a piece of paper and in order to prevent him from saying ‘Ick’ because the ‘ch’ is very hard to pronounce for Americans, so we had to stretch it out to‘isss.’ That took ten minutes until we finally got the sound and he scribbled it on a piece of paper. Then ‘Ein’ was not that much of a problem, because I said simply take mine–in other words, my book, this book is mine and take that and drop the ‘m’ and just ‘ein’ and it came out perfect. The other word ‘bin’, well, that’s easy too in the English language. Then finally, the ‘Berliner’– that’s a very--because when you make a mistake telling people where they are from,--then you’re in trouble. So, we worked on that for a long, long time and he finally got it and I think he said it perfectly. This is still on the Internet and you can find the voice of the original speech that he made on that date.
“I can tell you something. I stood way in the background on that large stage overlooking that crowd, but the people went wild. They went completely wild. I also had the privilege of, later on, acting as an interpreter translator for Robert Kennedy, who brought his whole clan--six children and his wife--and we kept the children busy climbing all over a tank while Robert Kennedy reviewed some of the issues in Berlin at that time. I also had the privilege, of course, of being an interpreter translator to the Nuremberg war trials where I got my revenge. I made a few mistakes in translating things that the......but that’s another story. I don’t want to go into that.
“To make a long story short, I know many of you personally. I think you’re doing a marvelous job. Please continue. If nothing else in my memory, take care of the veterans and that’s all I ask you to do. Thank you so much. Thank you. I salute you.”
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
MOTION
On motion of Senator Eide, Senator Tim Sheldon was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1792, by House Committee on Financial Institutions and insurance (originally sponsored by Representatives Benson and Hatfield) (by request of Insurance Commissioner Kreidler)
Creating the holding company act for health care service contractors and health maintenance organizations.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1792 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. 1792.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1792 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Horn, Morton and Sheldon, T. - 3.
SUBSTITUTE HOUSE BILL NO. 1792, 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. 1717, by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Morell, O'Brien, Ballasiotes, McMorris, Cairnes and Ahern)
Exempting from public inspection specified information on correctional facilities.
The bill was read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators McCaslin, Hargrove and Gardner be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.17.310 and 2000 c 134 s 3, 2000 c 56 s 1, and 2000 c 6 s 5 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy. After the arrest of a suspect and referral of the case to the prosecuting authority, basic arrest information contained within the police incident report is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330. After conviction, acquittal, dismissal of charges, or declination to file, the remainder of the investigative file in that particular case is no longer exempt, unless the agency promptly requests an examination of the record in camera and obtains an injunction against such release pursuant to RCW 42.17.330.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a correctional facility or any individual's safety.
(xx) Records the disclosure of which would reveal, directly or indirectly, the strategy or position to be taken by an agency during the course of any collective bargaining, professional negotiations, professional services contracting or strategic planning with respect to proprietary services, or grievance or mediation proceedings.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators McCaslin, Hargrove and Gardner to Substitute House Bill No. 1717.
The motion by Senator Hargrove carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Hargrove, the following title amendment was adopted:
On page 1, line 1 of the title, after "records;" strike the remainder of the title and insert "and reenacting and amending RCW 42.17.310."
On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 1717, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1717, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1717, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 6; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.
Voting nay: Senators Constantine, Fairley, Jacobsen, Kline, Prentice and Thibaudeau - 6.
Absent: Senator Parlette - 1.
Excused: Senator Morton - 1.
SUBSTITUTE HOUSE BILL NO. 1717, 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.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Swecker served notice to reconsider the vote by which Substitute House Bill No. 1717, as amended by the Senate, passed the Senate.
SECOND READING
HOUSE BILL NO. 1727, by Representatives Roach, Miloscia, Benson and Hatfield (by request of Insurance Commissioner Kreidler)
Regulating the investment limits of insurers in noninsurance subsidiaries.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1727 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 House Bill No. 1727.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1727 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, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Morton - 1.
HOUSE BILL NO. 1727, 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. 1366, by Representatives Hatfield, Benson and Keiser (by request of Department of Financial Institutions)
Regulating credit unions.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1366 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 House Bill No. 1366.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1366 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. 1366, 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. 1420, by House Committee on Commerce and Labor (originally sponsored by Representatives Hurst, Roach, Dunshee, Lovick, Woods, Jackley, Mielke, Wood, Carrell, Cooper, Sump, Hatfield, Pflug, Haigh, Conway, Reardon, Morris, Edmonds, Ruderman, O'Brien, Veloria, Poulsen, Morell, Kenney, Bush, Anderson, Cody, Santos, Rockefeller and Kessler)
Prohibiting discrimination against volunteer fire fighters.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that seventy-five percent of fire fighters in the state are volunteers and that many communities would be without fire fighting services if it were not for volunteer fire fighters. Volunteer fire fighters risk their lives to protect others, providing an important public service that should be recognized and supported. Volunteer fire fighters should not have to risk their livelihoods in serving others. It is the intention of the legislature to protect volunteer fire fighters from adverse employment actions stemming from their volunteer service.
NEW SECTION. Sec. 2. A new section is added to chapter 49.12 RCW to read as follows:
(1) An employer may not discharge from employment or discipline a volunteer fire fighter because of leave taken related to an alarm of fire or an emergency call.
(2)(a) A volunteer fire fighter who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The volunteer fire fighter may allege a violation only by filing such a complaint within ninety days of the alleged violation.
(b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
(c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer fire fighter may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
(d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
(3) For the purposes of this section:
(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.
(b) "Employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs one or more employees, and also includes the state, any state institution, state agency, political subdivision of the state, and municipal corporation or quasi-municipal corporation.
(c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
(e) "Volunteer fire fighter" means a fire fighter who:
(i) Is not paid;
(ii) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation; and
(iii) Has been ordered to remain at his or her position by the commanding authority at the scene of the fire.
(4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "fighters;" strike the remainder of the title and insert "adding a new section to chapter 49.12 RCW; and creating a new section."
On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 1420, 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. 1420, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1420, 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.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1420, 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 Hewitt, Senator Roach was excused.
SECOND READING
HOUSE BILL NO. 1084, by Representatives Ogden, Dunn, Boldt and Fromhold
Authorizing independent salary commissions for cities, towns, and counties.
The bill was read the second time.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 6, after line 11, insert the following:
"(10) Any salary increase established by the commission in any calendar year shall not exceed the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent twelve-month period by the federal department of commerce."
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 6, after line 11, to House Bill No. 1084.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1084 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senators Snyder, Fraser and Betti Sheldon demanded the previous question and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 1084.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1084 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 33.
Voting nay: Senators Benton, Deccio, Finkbeiner, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McDonald, Morton, Rossi, Stevens and Zarelli - 15.
Excused: Senator Roach - 1.
HOUSE BILL NO. 1084, 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 McCaslin was excused.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1835, by House Committee on Finance (originally sponsored by Representatives Doumit, Sump, Schoesler and Clements)
Creating a forest products commission.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Shorelines striking amendment was adopted:Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the creation of a forest products commission would assist in expanding the state's economy, because:
(1) Marketing is a dynamic and changing part of the Washington forest products industry and a vital element in expanding the state economy;
(2) The sale in the state and export to other states and abroad of forest products made in the state contribute substantial benefits to the economy of the state, provide a large number of jobs and sizeable tax revenues, and are key components of the health of many local communities because many secondary businesses are largely dependent on the health of the forest products industry; and
(3) Forest products are made from a renewable resource and are more environmentally sound than many alternative products.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Commission" means the forest products commission.
(2) "Department" means the department of agriculture.
(3) "Director" means the director of the department of agriculture or the director's authorized representative.
(4) "Forest products" or "timber" means trees of any species maintained for eventual harvest whether planted or of natural growth, standing or down, on privately or publicly owned land, and also includes wood products related thereto, but does not include Christmas trees or other trees on which the timber excise tax provided under chapter 84.33 RCW is not imposed.
(5) "Person" includes any individual, corporation, firm, partnership, trust, association, or any other organization of individuals.
(6) "Producer" means any person who harvests timber in Washington state and pays the timber excise tax imposed under chapter 84.33 RCW on at least two million board feet in a calendar year or in four consecutive calendar quarters.
(7) "Eastern Washington" means that portion of the state lying east of the Cascade mountain range.
(8) "Western Washington" means that portion of the state lying west of the Cascade mountain range.
NEW SECTION. Sec. 3. (1)(a) There is created a commodity commission to be known and designated as the Washington forest products commission. The commission is composed of nine voting members. The commission may, in its sole discretion, add or remove nonvoting ex officio members to the commission. Of the members, six shall be from western Washington, and three shall be from eastern Washington. After the initial election of commission members, however, if a position cannot be filled by a member from eastern Washington within sixty days from the date on which nominations may first be received because of a lack of candidates, the position may be filled by a member from western Washington. Under no circumstances will there be less than two board members from eastern Washington. If a position was filled by a member from western Washington because of a lack of candidates from eastern Washington, and districts are not used for the nomination and election of members, then a person from eastern Washington must fill the next available vacancy or open position at the next election to bring the number of representatives from eastern Washington up to three members. All members shall be elected by the entire group of producers unless the commission creates districts for the members as authorized in section 5 of this act. If districts are used for the nomination and election of commission members, and it does not appear that one of the positions from eastern Washington will be filled because of a lack of candidates, then a commission member who resides in western Washington must be elected by the entire group of producers as an at-large member. The position of the western Washington member who is elected as an at-large member shall be filled by a member from eastern Washington at the expiration of the term of the at-large member. If districts are not used for the nomination and election of members, the commission shall strive to achieve representation on the commission from the different geographic regions of the state.
(b) Of the six members from western Washington, three members must have annual harvests of more than seventy-five million board feet, and three members must have annual harvests between two million board feet and seventy-five million board feet.
(c) Of the two members from eastern Washington, one member must have an annual harvest greater than forty million board feet, and one member must have an annual harvest between two million board feet and forty million board feet. If there is a third member from eastern Washington, the only harvest requirement is that the member have an annual harvest of at least two million board feet.
(2) The members must be citizens and residents of this state, and over the age of twenty-one years. Each member must currently, and for the five years last preceding his or her election, be actually engaged in producing forest products within the state of Washington, either individually or as an officer of a corporation, firm, partnership, trust, association, or business organization at the level of production required to qualify as a producer. Each member must also derive a substantial amount of his or her income from the production of forest products. The qualifications set forth in this section apply throughout each member's term of office.
(3) No more than one member of the commission may be employed by, or connected in a proprietary capacity with, the same corporation, firm, partnership, trust, association, or business organization.
(4) Five voting members of the commission constitute a quorum for the transaction of all business and the carrying out of the duties of the commission.
(5) The regular term of office of the members is four years from November 1st following their election and until their successors are elected and qualified. However, the first terms of the members elected November 1, 2001, is as follows: Positions one, four, and seven terminate November 1, 2003; positions two, five, and eight terminate November 1, 2004; and positions three, six, and nine terminate November 1, 2005.
NEW SECTION. Sec. 4. (1) The director shall call the initial meeting of producers of forest products for the purpose of nominating their respective members of the commission. Public notice of the meeting shall be given by the director in the manner the director determines is appropriate. A producer may on his or her own motion file his or her name with the director for the purpose of receiving notice of the meeting. The nonreceipt of the notice by any interested person does not invalidate the proceedings.
(2) Prior to the nomination of commission members, the department of revenue shall provide the director with a list of all qualified producers within the state based upon tax records of the department.
(3) For the initial election of commission members, any qualified producer may be nominated orally for a commissioner position at the meeting convened by the director. Nominations may also be made within five days prior to the meeting by a written petition filed with the department, signed by at least five producers who reside in the state. If the director determines that one of the positions from eastern Washington will go unfilled because of a lack of candidates, the director shall announce that this position shall be filled by a member from western Washington. If the position designated for eastern Washington is filled by a member from western Washington because of a lack of candidates from eastern Washington, this position shall be designated as position number seven by the director for purposes of section 3(5) of this act. Under no circumstances will there be less than two board members from eastern Washington.
(4) The initial members of the commission shall be elected by secret mail ballot under the supervision of the director at the same time the referendum is submitted under section 12 of this act calling for the creation of the commission and the imposition of the initial assessment. If a nominee does not receive a majority of the votes on the first ballot, a run-off election shall be held by mail in a similar manner between the two candidates for the position receiving the largest number of votes.
NEW SECTION. Sec. 5. (1) After the initial election of commission members, the commission shall establish rules for electing commission members, including the method used for notification, nominating, and voting. The commission may create commission districts and boundaries, and may also establish a weighted voting procedure for election of commission members. The commission shall hold its annual meeting during the month of October each year for the purpose of nominating commission members and the transaction of other business. Public notice of the meeting shall be given by the commission in the manner it determines is appropriate. A producer may on his or her own motion file his or her name with the commission for the purpose of receiving notice of the meeting. The nonreceipt of the notice by any interested person does not invalidate the proceedings.
(2) Prior to the nomination of commission members, the department of revenue shall provide the commission with a list of all qualified producers within the state based upon tax records of the department.
NEW SECTION. Sec. 6. (1) In the event a position becomes vacant due to resignation, disqualification, death, or for any other reason, the position until the next annual meeting shall be filled by vote of the remaining members of the commission. At the annual meeting a commissioner shall be elected to fill the balance of the unexpired term.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also be reimbursed for actual travel expenses when on official commission business.
NEW SECTION. Sec. 7. Obligations incurred by the commission and liabilities or claims against the commission may be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission exists against either the state of Washington or any subdivision or instrumentality thereof or against any member, officer, employee, or agent of the commission in his or her individual capacity. The members of the commission, including employees of the commission, may not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, except for their own individual acts of dishonesty or crime. A person or employee may not be held responsible individually for any act or omission of any other members of the commission.
NEW SECTION. Sec. 8. The powers and duties of the commission include:
(1) To elect a chairman and such officers as the commission deems advisable. The commission shall adopt rules for its own governance, which provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct;
(2) To adopt any rules necessary to carry out the purposes of this chapter, in conformance with chapter 34.05 RCW;
(3) To administer and do all things reasonably necessary to carry out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission;
(5) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of Washington forest products and managed forests, and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of forest products, or of research related to such marketing, advertising, or sale of forest products, or of research related to managed forests;
(7) To enforce the provisions of this chapter, including investigating and prosecuting violations of this chapter;
(8) To acquire and transfer personal and real property, establish offices, incur expense, and enter into contracts. Contracts for creation and printing of promotional literature are not subject to chapter 43.78 RCW, but such contracts may be canceled by the commission unless performed under conditions of employment which substantially conform to the laws of this state and the rules of the department of labor and industries. The commission may create such debt and other liabilities as may be reasonable for proper discharge of its duties under this chapter;
(9) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(10) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(11) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(12) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission, or other entity for the purpose of promoting the general welfare of the forest products industry and particularly for the purpose of assisting in the sale and distribution of Washington forest products in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington forest products in domestic or foreign commerce, and employing and paying for vendors of professional services of all kinds;
(13) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
(14) To propose assessment levels for producers subject to referendum approval under section 11 of this act; and
(15) To participate in federal and state agency hearings, meetings, and other proceedings relating to the regulation, production, manufacture, distribution, sale, or use of forest products.
NEW SECTION. Sec. 9. The commission shall create, provide for, and conduct a research, promotional, and educational campaign as sales and market conditions reasonably require. It shall investigate and ascertain the needs of producers, conditions of markets, and degree of public awareness of products, and take into account the information obtained in the discharge of its duties under this chapter.
NEW SECTION. Sec. 10. (1) The commission shall cause a list to be prepared of all Washington producers of forest products from any information available from the commission, producers' association, or producers, including tax records from the department of revenue. This list shall contain the names and addresses of all persons who produce forest products within this state, the amount of forest products produced during the period designated by the commission, and the assessment amount for each member. The list is considered confidential and may be reviewed only by the employees of the commission, except for information that may be disclosed to the public and commission members under subsection (4) of this section. A qualified person may, at any time, have his or her name placed upon the list by delivering or mailing the information to the commission. This list shall be corrected and brought up to date in accordance with evidence and information available to the commission on or before December 31st of each year, or as soon thereafter as possible. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next preceding the date for issuing notices or ballots as the case may be, is, for purposes of this chapter, the list of all producers entitled to notice or to assent or dissent or to vote.
(2) The commission shall develop a reporting system to document that the producers of forest products in this state are reporting quantities of forest products produced and subject to the assessment as provided in section 11 of this act.
(3) The department of revenue may charge the commission for the reasonable costs of providing reports of harvest activity on a quarterly basis.
(4) Any taxpayer information received by the commission from the department of revenue may only be used for the limited purposes of establishing lists of producers necessary to determine eligibility for voting, eligibility for serving as a commission member, the amount of assessments owed, or other necessary purposes as established by law. Any return or tax information received from the department of revenue may be reviewed only by the employees of the commission. Employees may disclose to the public and commission members a list of commission members, groupings of at least three commission members by the amount of forest products harvested over any time period designated by the commission of at least one quarter, and the members who are eligible for the various positions on the commission.
NEW SECTION. Sec. 11. (1) To provide for permanent funding of the forest products commission, an assessment shall be levied by the commission on producers of each species of forest products. The initial rate of assessment that shall be submitted for approval by referendum pursuant to section 12 of this act is fifty-seven cents per thousand board feet. The initial assessment is not effective until approved by a majority of producers as required by section 12 of this act.
(2) After the initial assessment rate is approved, the commission may adjust the amount of the assessment within a range of forty-five cents up to ninety cents per thousand board feet. The commission shall submit any proposed increase in the assessment to producers pursuant to the referendum process established in this section, and shall supply all known producers with a ballot for the referendum. The commission shall establish the assessment for the marketing year by January 1st of each year, or as soon thereafter as possible. Assessments may only be used for the purposes and objects of this chapter.
(3) The forest products commission may raise the assessment on forest products in excess of the fiscal growth factor under chapter 43.135 RCW. The assessment limits established by this section are solely to provide prior legislative authority for the purposes of RCW 43.135.055 and are not a limit on the authority of the forest products commission to alter assessments in any manner not limited by RCW 43.135.055. However, any alteration in assessments made under this section must be made with the procedural requirements established by this chapter for altering such assessments.
(4) The requirement for approval of an assessment is met if: (a) At least fifty-one percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least sixty-one percent of the volume of the producers replying in the referendum; or (b) sixty-five percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least fifty-one percent of the volume of the producers replying in the referendum. An assessment shall only be approved if at least forty percent of the eligible producers participate in the vote.
NEW SECTION. Sec. 12. (1) For purposes of determining producer participation in the commission, the initial election of commissioners, and for imposition of the original assessment specified in section 11 of this act, the director shall conduct a referendum among all producers of forest products within the state.
(2) The requirement for approval of the assessment and creation of the commission is met if: (a) At least fifty-one percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least sixty-one percent of the volume of the producers replying in the referendum; or (b) sixty-five percent by numbers of producers replying in the referendum vote affirmatively, and these producers represent at least fifty-one percent of the volume of the producers replying in the referendum. The referendum shall only be approved if at least forty percent of the eligible producers participate in the vote.
(3) If the director determines that the requisite approval has been given, the director shall declare the establishment of the commission and direct it to put into force the assessment authorized in section 11 of this act. If the director finds that the requisite approval has not been given, then this chapter is not operative.
NEW SECTION. Sec. 13. The commission shall deposit moneys collected under section 11 of this act in a separate account in the name of the commission in any bank that is a state depositary. All expenditures and disbursements made from this account under this chapter may be made without the necessity of a specific legislative appropriation. RCW 43.01.050 does not apply to this account or to the moneys received, collected, or expended under this chapter.
NEW SECTION. Sec. 14. A due and payable assessment levied in the amount determined by the commission under section 11 of this act constitutes a personal debt of every person so assessed, or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a person fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid assessment an amount not exceeding ten percent of the assessment to defray the cost of enforcing its collection. If the person fails to pay any due and payable assessment or other such sum, the commission may bring a civil action for collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable.
NEW SECTION. Sec. 15. All county and state law enforcement officers shall assist in the enforcement of this chapter.
NEW SECTION. Sec. 16. The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission, and to prevent and restrain violations thereof.
NEW SECTION. Sec. 17. This chapter shall be liberally construed to effectuate its purposes.
Sec. 18. RCW 42.17.31907 and 1996 c 80 s 3 are each amended to read as follows:
The following agricultural business and commodity commission records are exempt from the disclosure requirements of this chapter:
(1) Production or sales records required to determine assessment levels and actual assessment payments to commodity commissions formed under chapters 15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88, 15.-- (sections 1 through 17 and 22 of this act), and 16.67 RCW or required by the department of agriculture under RCW 15.13.310(4) or 15.49.370(6);
(2) Consignment information contained on phytosanitary certificates issued by the department of agriculture under chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issued under 7 C.F.R. 353 through cooperative agreements with the animal and plant health inspection service, United States department of agriculture, or on applications for phytosanitary certification required by the department of agriculture; and
(3) Financial and commercial information and records supplied by persons to commodity commissions formed under chapters 15.24, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88, 15.-- (sections 1 through 17 and 22 of this act), and 16.67 RCW with respect to domestic or export marketing activities or individual producer's production information.
Sec. 19. RCW 43.135.055 and 1997 c 303 s 2 are each amended to read as follows:
(1) No fee may increase in any fiscal year by a percentage in excess of the fiscal growth factor for that fiscal year without prior legislative approval.
(2) This section does not apply to an assessment made by an agricultural commodity commission or board created by state statute or created under a marketing agreement or order under chapter 15.65 or 15.66 RCW, or to the forest products commission, if the assessment is approved by referendum in accordance with the provisions of the statutes creating the commission or board or chapter 15.65 or 15.66 RCW for approving such assessments.
NEW SECTION. Sec. 20. A new section is added to chapter 82.32 RCW to read as follows:
The forest products commission, created pursuant to chapter 15.-- RCW (sections 1 through 17 and 22 of this act), constitutes a state agency for purposes of applying the exemption contained in RCW 82.32.330(3)(f) for the disclosure of taxpayer information by the department. Disclosure of return or tax information may be made only to employees of the commission and not to commission members. Employees are authorized to use this information in accordance with section 10(4) of this act. Employees are subject to all civil and criminal penalties provided under RCW 82.32.330 for disclosures made to another person not entitled under the provisions of this section or section 10 of this act to knowledge of such information.
NEW SECTION. Sec. 21. Sections 1 through 17 and 22 of this act constitute a new chapter in Title 15 RCW.
NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
MOTIONS
On motion of Senator Jacobsen, the following title amendment was adopted:
On page 1, line 1 of the title, after "commission;" strike the remainder of the title and insert "amending RCW 42.17.31907 and 43.135.055; adding a new section to chapter 82.32 RCW; and adding a new chapter to Title 15 RCW."
On motion of Senator Jacobsen, the rules were suspended, Second Substitute House Bill No. 1835, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1835, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1835, 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, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Deccio - 1.
Excused: Senator McCaslin - 1.
SECOND SUBSTITUTE HOUSE BILL NO. 1835, 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.
WITHDRAWAL OF MOTION TO RECONSIDER SUBSTITUTE HOUSE BILL NO. 1717
On motion of Senator Swecker and there being no objection, the motion to reconsider the vote by which Substitute House Bill No. 1717 passed the Senate, was withdrawn.
MOTION
On motion of Senator Honeyford, Senators Deccio and Hale were excused.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1499, by House Committee on Appropriations (originally sponsored by Representatives Jackley, Buck, Rockefeller, Eickmeyer, Sump, Doumit, Pennington and Dunn)
Regulating marine fin fish aquaculture.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Second Substitute House Bill No. 1499 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 Second Substitute House Bill No. 1499.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1499 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Deccio, Hale and McCaslin - 3.
SECOND SUBSTITUTE HOUSE BILL NO. 1499, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The Co-Speakers have signed:
SUBSTITUTE HOUSE BILL NO. 1019,
SUBSTITUTE HOUSE BILL NO. 1027,
SUBSTITUTE HOUSE BILL NO. 1140,
HOUSE BILL NO. 1280,
HOUSE BILL NO. 1296,
HOUSE BILL NO. 1309,
HOUSE BILL NO. 1313,
HOUSE BILL NO. 1317,
SUBSTITUTE HOUSE BILL NO. 1375,
HOUSE BILL NO. 1546,
HOUSE BILL NO. 1548,
HOUSE BILL NO. 1577,
SUBSTITUTE HOUSE BILL NO. 1632,
HOUSE BILL NO. 1634,
SUBSTITUTE HOUSE BILL NO. 1739,
ENGROSSED HOUSE BILL NO. 1864,
HOUSE BILL NO. 1983, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1019,
SUBSTITUTE HOUSE BILL NO. 1027,
SUBSTITUTE HOUSE BILL NO. 1140,
HOUSE BILL NO. 1280,
HOUSE BILL NO. 1296,
HOUSE BILL NO. 1309,
HOUSE BILL NO. 1313,
HOUSE BILL NO. 1317,
SUBSTITUTE HOUSE BILL NO. 1375,
HOUSE BILL NO. 1546,
HOUSE BILL NO. 1548,
HOUSE BILL NO. 1577,
SUBSTITUTE HOUSE BILL NO. 1632,
HOUSE BILL NO. 1634,
SUBSTITUTE HOUSE BILL NO. 1739,
ENGROSSED HOUSE BILL NO. 1864,
HOUSE BILL NO. 1983.
MOTION
At 11:57 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.
MESSAGES FROM THE HOUSE
April 5, 2001
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5206,
SUBSTITUTE SENATE BILL NO. 5224,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5238,
SENATE BILL NO. 5348, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 5, 2001
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5054,
SENATE BILL NO. 5305,
SENATE BILL NO. 5377,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5434,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5497,
SENATE BILL NO. 5531,
SUBSTITUTE SENATE BILL NO. 5572,
SUBSTITUTE SENATE BILL NO. 5733,
SENATE BILL NO. 5863,
SUBSTITUTE SENATE BILL NO. 5925,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,
SUBSTITUTE SENATE BILL NO. 6053,
SENATE BILL NO. 6107,
SENATE JOINT MEMORIAL NO. 8006,
SENATE JOINT MEMORIAL NO. 8008, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
April 5, 2001
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1995,
SUBSTITUTE HOUSE BILL NO. 2104, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5206,
SUBSTITUTE SENATE BILL NO. 5224,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5238,
SENATE BILL NO. 5348.
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5054,
SENATE BILL NO. 5305,
SENATE BILL NO. 5377,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5434,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5497,
SENATE BILL NO. 5531,
SUBSTITUTE SENATE BILL NO. 5572,
SUBSTITUTE SENATE BILL NO. 5733,
SENATE BILL NO. 5863,
SUBSTITUTE SENATE BILL NO. 5925,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5942,
SUBSTITUTE SENATE BILL NO. 6053,
SENATE BILL NO. 6107,
SENATE JOINT MEMORIAL NO. 8006,
SENATE JOINT MEMORIAL NO. 8008.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 1995 by House Committee on Judiciary (originally sponsored by Representatives Dickerson, Cairnes, Grant, Dunn, Campbell, Kagi, Pearson and Wood)
Revising provisions relating to civil forfeitures of property and convening a workgroup to evaluate civil forfeiture laws.
Passed to Committee on Rules.
SHB 2104 by House Committee on Appropriations (originally sponsored by Representatives Rockefeller, Sump, Pearson and Doumit)
Providing for an increase in forest fire protection funds.
Referred to Committee on Ways and Means.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
MOTION
On motion of Senator Eide, Senators Haugen and Kline were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Morton, Gubernatorial Appointment No. 9094, Elizabeth McInturff, as a member of the Board of Trustees for Spokane and Spokane Falls Community Colleges District No. 17, was confirmed.
APPOINTMENT OF ELIZABETH McINTURFF
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 6; Excused, 4. Voting yea: Senators Benton, Carlson, Constantine, Costa, Eide, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 39.
Absent: Senators Brown, Fairley, Finkbeiner, Hargrove, Jacobsen and Kastama - 6.
Excused: Senators Deccio, Haugen, Kline and McCaslin - 4.
MOTION
On motion of Senator Honeyford, Senator Finkbeiner was excused.
MOTION
On motion of Senator Shin, Gubernatorial Appointment No. 9095, Jack C. McRae, as a member of the Board of Trustees for Edmonds Community College District No, 23, was confirmed.
APPOINTMENT OF JACK C. McRAE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Excused: Senators Deccio, Finkbeiner, Haugen, Kline and McCaslin - 5.
SECOND READING
HOUSE BILL NO. 1780, by Representatives Armstrong, Linville, B. Chandler and Grant
Concerning moneys in the fruit and vegetable district fund.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1780 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 House Bill No. 1780.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1780 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Excused: Senators Deccio, Haugen, Kline and McCaslin - 4.
HOUSE BILL NO. 1780, 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. 1365, by House Committee on Children and Family Services (originally sponsored by Representatives Doumit, Pflug, Tokuda, Boldt, Pennington, Rockefeller, Hatfield, Eickmeyer, Campbell, Edwards, Cairnes, Murray, Cody, Jackley, Mastin, Kirby, Buck, Kessler, Chopp, McIntire, Grant, Morris, Lisk, Ruderman, Van Luven, Kenney, Conway, Kagi and Schual-Berke)
Requiring the department of health to publicize a list of recalled infant and child products.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that infants and children in Washington are injured, sometimes fatally, by unsafe consumer products designed for use by infants and children.
(2) The legislature finds that parents and other persons responsible for the care of infants and children are often unaware that some of these consumer products have been recalled or are unsafe.
(3) The legislature intends to address this lack of awareness by establishing a statewide infant and children product safety campaign across Washington state.
NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW to read as follows:
(1) The legislature authorizes the secretary to establish and maintain a product safety education campaign to promote greater awareness of products designed to be used by infants and children, excluding toys, that:
(a) Are recalled by the United States consumer products safety commission;
(b) Do not meet federal safety regulations and voluntary safety standards; or
(c) Are unsafe or illegal to place into the stream of commerce under the infant crib safety act, chapter 70.111 RCW.
(2) The department shall make reasonable efforts to ensure that this infant and children product safety education campaign reaches the target population. The target population for this campaign includes, but is not limited to, parents, foster parents and other caregivers, child care providers, consignment and resale stores selling infant and child products, and charitable and governmental entities serving infants, children, and families.
(3) The secretary may utilize a combination of methods to achieve this outreach and education goal, including but not limited to print and electronic media. The secretary may operate the campaign or may contract with a vendor.
(4) The department shall coordinate this infant and children product safety education campaign with child-serving entities including, but not limited to, hospitals, birthing centers, midwives, pediatricians, obstetricians, family practice physicians, governmental and private entities serving infants, children, and families, and relevant manufacturers.
(5) The department shall coordinate with other agencies and entities to eliminate duplication of effort in disseminating infant and children consumer product safety information.
(6) The department may receive funding for this infant and children product safety education effort from federal, state, and local governmental entities, child-serving foundations, or other private sources."
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, line 1 of the title, after "products;" strike the remainder of the title and insert "adding a new section to chapter 43.70 RCW; and creating a new section."
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1365, 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 Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1365, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1365, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Deccio, Haugen and Kline - 3.
SUBSTITUTE HOUSE BILL NO. 1365, 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. 1426, by House Committee on Health Care (originally sponsored by Representatives Edmonds, Skinner, Cody, Pflug, Dunn, Schual-Berke, Boldt, Kagi, Kenney, Campbell, Conway and Marine)
Establishing a quality improvement program for boarding homes.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute House Bill No. 1426 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. 1426.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1426 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators Deccio, Haugen and Kline - 3.
SUBSTITUTE HOUSE BILL NO. 1426, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
POINT OF ORDER
Senator Thibaudeau: “Madam President, a point of order. I can't hear. It is very difficult to hear with so many people talking. I know that I do that sometimes, but it is very difficult to hear at this time. I can't even hear you."
REPLY BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Franklin: "Because of the situation outdoors it is very noisy, so I would ask all of you to keep your talking to a limit, so that we can all hear what is going on."
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1180, by House Committee on Health Care (originally sponsored by Representatives Cody, Marine, Ruderman, McMorris and Schual-Berke) (by request of Department of Health)
Obtaining and expending funds for the public health system.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Second Substitute House Bill No. 1180 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1180.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1180 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Horn, Jacobsen, Johnson, Kastama, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 40.
Voting nay: Senators Benton, Hochstatter, Honeyford, Roach, Stevens and Zarelli - 6.
Excused: Senators Deccio, Haugen and Kline - 3.
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1180, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 1590, by House Committee on Appropriations (originally sponsored by Representatives Cody, Clements, Conway, Skinner, Gombosky, Mitchell, Edmonds, Hatfield, Keiser, Kenney, Kagi, McIntire, Wood, Ruderman, Santos and Hurst)
Supporting the practice of breastfeeding.
The bill was read the second time.
MOTION
Senator Roach moved that the following amendment by Senators Roach and McCaslin be adopted:
On page 3, on line 26, after "exposure", insert the following:
" as long as the breast remains covered"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Roach and McCaslin on page 3, line 26, to Second Substitute House Bill No. 1590.
The motion by Senator Roach failed and the amendment was not adopted.
MOTION
On motion of Senator Prentice, the rules were suspended, Second Substitute House Bill No. 1590 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1590.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1590 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Honeyford, Morton and Stevens - 3.
Excused: Senators Deccio and Haugen - 2.
SECOND SUBSTITUTE HOUSE BILL NO. 1590, 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. 1729, by Representatives Benson, Hatfield, McIntire, Cairnes, Roach, Simpson and Keiser
Licensing surplus line brokers.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1729 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 House Bill No. 1729.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1729 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, 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.
Excused: Senators Deccio and Haugen - 2.
HOUSE BILL NO. 1729, 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. 1564, by Representatives Casada, Lantz, Carrell, Hurst, Esser and O'Brien
Reenacting provisions relating to the crime of making false or misleading statements to public servants.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions amendment was adopted:
On page 1, beginning on line 6, after "Thomas," strike all material through "2000)" on line 7, and insert "103 Wn. App. 800"
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "Relating to" strike all material through "servants" on line 2 of the title, and insert "obstructing governmental operations"
On motion of Senator Prentice, the rules were suspended, House Bill No. 1564, 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 House Bill No. 1564, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1564, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, 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 - 46.
Excused: Senators Deccio, Haugen and Horn - 3.
HOUSE BILL NO. 1564, 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. 1716, by Representatives Veloria, Mielke, Buck, O'Brien, Conway, Talcott, Hunt, Crouse, Clements, Murray, Schoesler, Miloscia, Benson, Tokuda, Santos, D. Schmidt, McDermott, Lovick, Cody, Campbell, Haigh, Keiser, Ogden and Dickerson (by request of Governor Locke)
Providing income assistance benefits to qualified World War II veterans living in the Republic of the Philippines.
The bill was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, House Bill No. 1716 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 House Bill No. 1716.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1716 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, 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.
Excused: Senators Deccio and Haugen - 2.
HOUSE BILL NO. 1716, 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. 6036, by Senators Eide, Benton, Winsley, Oke, Long, Stevens, Johnson, Finkbeiner, Hale, Hochstatter, Carlson, Swecker, Rossi, Roach, T. Sheldon, Patterson and Kastama
Repealing local motor vehicle taxes.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Senate Bill No. 6036 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
Senators Betti Sheldon, Fraser and Prentice demanded the previous question and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6036.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6036 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Carlson, Eide, Finkbeiner, Franklin, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Snyder, Stevens, Swecker, West, Winsley and Zarelli - 32.
Voting nay: Senators Brown, Constantine, Costa, Fairley, Fraser, Gardner, Jacobsen, Kline, Kohl-Welles, McAuliffe, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 15.
Excused: Senators Deccio and Haugen - 2.
SENATE BILL NO. 6036, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Eide, Senator Snyder was excused.
On motion of Senator Honeyford, Senator West was excused.
SECOND READING
HOUSE BILL NO. 1951, by Representatives Clements, B. Chandler, G. Chandler, Lisk and Mulliken
Allowing restaurants and private clubs to sell wine for off-premises consumption.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.24.450 and 1999 c 281 s 5 are each amended to read as follows:
(1) No club shall be entitled to a spirits, beer, and wine private club license:
(a) Unless such private club has been in continuous operation for at least one year immediately prior to the date of its application for such license;
(b) Unless the private club premises be constructed and equipped, conducted, managed, and operated to the satisfaction of the board and in accordance with this title and the regulations made thereunder;
(c) Unless the board shall have determined pursuant to any regulations made by it with respect to private clubs, that such private club is a bona fide private club; it being the intent of this section that license shall not be granted to a club which is, or has been, primarily formed or activated to obtain a license to sell liquor, but solely to a bona fide private club, where the sale of liquor is incidental to the main purposes of the spirits, beer, and wine private club, as defined in RCW 66.04.010(7).
(2) The annual fee for a spirits, beer, and wine private club license, whether inside or outside of an incorporated city or town, is seven hundred twenty dollars per year.
(3) The board may issue an endorsement to the spirits, beer, and wine private club license that allows up to forty nonclub, member-sponsored events using club liquor. Visitors and guests may attend these events only by invitation of the sponsoring member or members. These events may not be open to the general public. The fee for the endorsement shall be an annual fee of nine hundred dollars. Upon the board's request, the holder of the endorsement must provide the board or the board's designee with the following information at least seventy-two hours prior to the event: The date, time, and location of the event; the name of the sponsor of the event; and a brief description of the purpose of the event.
(4) The board may issue an endorsement to the spirits, beer, and wine private club license that allows the holder of a spirits, beer, and wine private club license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this chapter is one hundred twenty dollars.
Sec. 2. RCW 66.24.452 and 1997 c 321 s 31 are each amended to read as follows:
(1) There shall be a beer and wine license to be issued to a private club for sale of beer and wine for on-premises consumption.
(2) Beer and wine sold by the licensee may be on tap or by open bottles or cans.
(3) The fee for the private club beer and wine license is one hundred eighty dollars per year.
(4) The board may issue an endorsement to the private club beer and wine license that allows the holder of a private club beer and wine license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this chapter is one hundred twenty dollars.
Sec. 3. RCW 66.24.425 and 1998 c 126 s 7 are each amended to read as follows:
(1) The board may, in its discretion, issue a spirits, beer, and wine restaurant license to a business which qualifies as a "restaurant" as that term is defined in RCW 66.24.410 in all respects except that the business does not serve the general public but, through membership qualification, selectively restricts admission to the business. For purposes of RCW 66.24.400 and 66.24.420, all licenses issued under this section shall be considered spirits, beer, and wine restaurant licenses and shall be subject to all requirements, fees, and qualifications in this title, or in rules adopted by the board, as are applicable to spirits, beer, and wine restaurant licenses generally except that no service to the general public may be required.
(2) No license shall be issued under this section to a business:
(a) Which shall not have been in continuous operation for at least one year immediately prior to the date of its application; or
(b) Which denies membership or admission to any person because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical handicap.
(3) The board may issue an endorsement to the spirits, beer, and wine restaurant license that allows the holder of a spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this chapter is one hundred twenty dollars.
Sec. 4. RCW 66.24.400 and 1998 c 126 s 5 are each amended to read as follows:
(1) There shall be a retailer's license, to be known and designated as a spirits, beer, and wine restaurant license, to sell spirituous liquor by the individual glass, beer, and wine, at retail, for consumption on the premises, including mixed drinks and cocktails compounded or mixed on the premises only: PROVIDED, That a hotel, or club licensed under chapter 70.62 RCW with overnight sleeping accommodations, that is licensed under this section may sell liquor by the bottle to registered guests of the hotel or club for consumption in guest rooms, hospitality rooms, or at banquets in the hotel or club: PROVIDED FURTHER, That a patron of a bona fide hotel, restaurant, or club licensed under this section may remove from the premises recorked or recapped in its original container any portion of wine which was purchased for consumption with a meal, and registered guests who have purchased liquor from the hotel or club by the bottle may remove from the premises any unused portion of such liquor in its original container. Such license may be issued only to bona fide restaurants, hotels and clubs, and to dining, club and buffet cars on passenger trains, and to dining places on passenger boats and airplanes, and to dining places at civic centers with facilities for sports, entertainment, and conventions, and to such other establishments operated and maintained primarily for the benefit of tourists, vacationers and travelers as the board shall determine are qualified to have, and in the discretion of the board should have, a spirits, beer, and wine restaurant license under the provisions and limitations of this title.
(2) The board may issue an endorsement to the spirits, beer, and wine restaurant license that allows the holder of a spirits, beer, and wine restaurant license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this chapter is one hundred twenty dollars.
Sec. 5. RCW 66.24.570 and 1997 c 321 s 36 are each amended to read as follows:
(1) There is a license for sports entertainment facilities to be designated as a sports/entertainment facility license to sell beer, wine, and spirits at retail, for consumption upon the premises only, the license to be issued to the entity providing food and beverage service at a sports entertainment facility as defined in this section. The cost of the license is two thousand five hundred dollars per annum.
(2) For purposes of this section, a sports entertainment facility includes a publicly or privately owned arena, coliseum, stadium, or facility where sporting events are presented for a price of admission. The facility does not have to be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon a licensee under this section, such as requirements for the availability of food and victuals including but not limited to hamburgers, sandwiches, salads, or other snack food. The board may also restrict the type of events at a sports entertainment facility at which beer, wine, and spirits may be served. When imposing conditions for a licensee, the board must consider the seating accommodations, eating facilities, and circulation patterns in such a facility, and other amenities available at a sports entertainment facility.
(4) The board may issue a caterer's endorsement to the license under this section to allow the licensee to remove from the liquor stocks at the licensed premises, for use as liquor for sale and service at special occasion locations at a specified date and place not currently licensed by the board. The privilege of selling and serving liquor under the endorsement is limited to members and guests of a society or organization as defined in RCW 66.24.375. Cost of the endorsement is three hundred fifty dollars.
(a) The holder of this license with catering endorsement shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event. Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or organization that will be holding the function at which the endorsed license will be utilized.
(b) If attendance at the function will be limited to members and invited guests of the sponsoring society or organization, the requirement that the society or organization be within the definition of RCW 66.24.375 is waived.
(5) The board may issue an endorsement to the beer, wine, and spirits sports/entertainment facility license that allows the holder of a beer, wine, and spirits sports/entertainment facility license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this chapter is one hundred twenty dollars."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 1 of the title, after "consumption;" strike the remainder of the title and insert "and amending RCW 66.24.450, 66.24.452, 66.24.425, 66.24.400, and 66.24.570."
On motion of Senator Prentice, the rules were suspended, House Bill No. 1951, 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 House Bill No. 1951, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1951, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, McDonald, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 43.
Voting nay: Senators Long, Morton and Oke - 3.
Excused: Senators Deccio, Snyder and West - 3.
HOUSE BILL NO. 1951, 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.
MOTIONS
On motion of Senator Honeyford, Senator Johnson was excused.
On motion of Senator Eide, Senator Prentice was excused.
SECOND READING
HOUSE BILL NO. 1062, by Representatives O'Brien, Ballasiotes, Delvin, Lovick and Haigh (by request of Criminal Justice Training Commission)
Modifying provisions pertaining to the certification of peace officers.
The bill was read the second time.
MOTION
On motion of Senator Costa, the following Committee on Judiciary striking amendment was not adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:
When used in this chapter:
(1) The term "commission" means the Washington state criminal justice training commission.
(2) The term "boards" means the education and training standards boards, the establishment of which are authorized by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.
(4) The term "law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of guilty has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the equivalent disposition by a court in a jurisdiction other than the state of Washington.
(7) "Discharged for disqualifying misconduct" means terminated from employment for: (a) Conviction of (i) any crime committed under color of authority as a peace officer, (ii) any crime involving dishonesty or false statement within the meaning of Evidence Rule 609(a), (iii) the unlawful use or possession of a controlled substance, or (iv) any other crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or federal law; (b) conduct that would constitute any of the crimes addressed in (a) of this subsection; or (c) knowingly making materially false statements during disciplinary investigations, where the false statements are the sole basis for the termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section under the ordinary meaning of the term and when the totality of the circumstances support a finding that the officer resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when such discipline, if carried forward, would more likely than not have led to discharge for disqualifying misconduct within the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in this chapter, "final" means that the peace officer has exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative appeals, and the officer has not been reinstated as the result of the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement of RCW 43.101.200 and any other requirements of that section, notwithstanding any waiver or exemption granted by the commission, and notwithstanding the statutory exemption based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.12.055 are peace officers for purposes of this chapter.
NEW SECTION. Sec. 2. (1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification or exemption therefrom, by meeting all requirements of RCW 43.101.200, as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter. The commission shall certify peace officers who have satisfied, or have been exempted by statute or by rule from, the basic training requirements of RCW 43.101.200 on or before the effective date of this section. Thereafter, the commission may revoke certification pursuant to this chapter.
(2) The commission shall allow a peace officer to retain status as a certified peace officer as long as the officer: (a) Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification revoked by the commission.
(3) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under section 9 of this act, a peace officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are directly related to a certification matter or decertification matter before the commission.
NEW SECTION. Sec. 3. Upon request by a peace officer's employer or on its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing, if a hearing is timely requested by the peace officer under section 9 of this act, based upon a finding of one or more of the following conditions:
(1) The peace officer has failed to timely meet all requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted material information on an application for training or certification to the commission;
(3) The peace officer has been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified peace officer was convicted of a felony before being employed as a peace officer, and the circumstances of the prior felony conviction were fully disclosed to his or her employer before being hired, the commission may revoke certification only with the agreement of the employing law enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the acts or omissions forming the basis for the discharge proceedings occurred on or after the effective date of this section;
(5) The peace officer's certificate was previously issued by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (a) Knowingly making a materially false statement to the commission; or (b) in any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness.
NEW SECTION. Sec. 4. (1) A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy for any reason not also involving discharge for disqualifying misconduct is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in rules of the commission, rules which may provide for a probationary period of certification in the event of reinstatement of eligibility.
(3) A person whose certification is denied or revoked based upon a felony criminal conviction is not eligible for certification at any time.
(4) A peace officer whose certification is denied or revoked based upon discharge for disqualifying misconduct, but not also based upon a felony criminal conviction, may, five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for reinstatement. The commission shall hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in rules of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission may establish a probationary period of certification.
(5) A peace officer whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is reinstated or if eligibility for certification is determined, the commission may establish a probationary period of certification.
NEW SECTION. Sec. 5. A peace officer's certification lapses automatically when there is a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer. A break in full-time law enforcement service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the peace officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement.
NEW SECTION. Sec. 6. Upon termination of a peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission. The agency of termination shall, upon request of the commission, provide such additional documentation or information as the commission deems necessary to determine whether the termination provides grounds for revocation under section 3 of this act. The commission shall maintain these notices in a permanent file, subject to section 12 of this act.
NEW SECTION. Sec. 7. In addition to its other powers granted under this chapter, the commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided under section 10 of this act;
(5) Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter;
(6) Grant, deny, or revoke certification of peace officers under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and statements of charges under the provisions of this chapter; and
(8) Employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter.
NEW SECTION. Sec. 8. A law enforcement officer or duly authorized representative of a law enforcement agency may submit a written complaint to the commission charging that a peace officer's certificate should be denied or revoked, and specifying the grounds for the charge. Filing a complaint does not make a complainant a party to the commission's action. The commission has sole discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters relating to certification, denial of certification, or revocation of certification on any other basis, without restriction as to the source or the existence of a complaint. A person who files a complaint in good faith under this section is immune from suit or any civil action related to the filing or the contents of the complaint.
NEW SECTION. Sec. 9. (1) If the commission determines, upon investigation, that there is probable cause to believe that a peace officer's certification should be denied or revoked under section 3 of this act, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of termination and any current law enforcement agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within sixty days of communication of the statement of charges, request a hearing before the hearings board appointed under section 10 of this act. Failure of the officer to request a hearing within the sixty-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing must be scheduled not earlier than ninety days nor later than one hundred eighty days after communication of the statement of charges to the officer; the one hundred eighty day period may be extended on mutual agreement of the parties or for good cause. The commission shall give written notice of hearing at least twenty days prior to the hearing, specifying the time, date, and place of hearing.
NEW SECTION. Sec. 10. (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions before the commission unless otherwise provided in this chapter. The standard of proof in actions before the commission is clear, cogent, and convincing evidence.
(2) On all appeals brought under section 9 of this act, a five-member hearings panel shall both hear the case and make the commission's final administrative decision. Members of the commission or the board on law enforcement training standards and education may but need not be appointed to the hearings panels. The commission shall appoint as follows two or more panels to hear appeals from decertification actions:
(a) When an appeal is filed in relation to decertification of a Washington peace officer who is not a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) One police chief; (ii) one sheriff; (iii) two peace officers who are at or below the level of first line supervisor, who are from city or county law enforcement agencies, and who have at least ten years' experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(b) When an appeal is filed in relation to decertification of a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) Either one police chief or one sheriff; (ii) one administrator of the state patrol; (iii) one peace officer who is at or below the level of first line supervisor, who is from a city or county law enforcement agency, and who has at least ten years' experience as a peace officer; (iv) one state patrol officer who is at or below the level of first line supervisor, and who has at least ten years' experience as a peace officer; and (v) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which they sit, have the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the meaning of section 3(4) of this act, and the officer received a civil service hearing or arbitration hearing culminating in an affirming decision following separation from service by the employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge occurred and was based on disqualifying misconduct; the hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the employment separation proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such a discharge occurred and was based on such disqualifying misconduct. The hearings panel shall, upon written request by the subject peace officer, allow the peace officer to present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of certification is based is that a peace officer "has been convicted at any time of a felony offense" within the meaning of section 3(3) of this act, the hearings panel shall revoke or deny certification if it determines that the peace officer was convicted of a felony. The hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the criminal proceeding. However, the hearings panel shall, upon the panel's determination of relevancy, consider additional evidence to determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under section 3(1), (2), (5), or (6) of this act, the hearings panel shall determine the underlying facts relating to the charge upon which revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 11. The commission, its boards, and individuals acting on behalf of the commission and its boards are immune from suit in any civil or criminal action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 12. (1) Except as provided under subsection (2) of this section, the following records of the commission are confidential and exempt from public disclosure: (a) The contents of personnel action reports filed under section 6 of this act; (b) all files, papers, and other information obtained by the commission pursuant to section 2(3) of this act; and (c) all investigative files of the commission compiled in carrying out the responsibilities of the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5) of this section.
(2) Records which are otherwise confidential and exempt under subsection (1) of this section may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement agency, which may review and copy its employee-officer's file; or (c) by a representative of or investigator for the commission.
(3) Records which are otherwise confidential and exempt under subsection (1) of this section may also be inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering an application for employment by a person who is the subject of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency may not obtain a copy of the record.
(4) Upon a determination that a complaint is without merit, that a personnel action report filed under section 6 of this act does not merit action by the commission, or that a matter otherwise investigated by the commission does not merit action, the commission shall purge records addressed in subsection (1) of this section.
(5) The hearings, but not the deliberations, of the hearings board are open to the public. The transcripts, admitted evidence, and written decisions of the hearings board on behalf of the commission are not confidential or exempt from public disclosure, and are subject to subpoena and discovery proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission in good faith.
NEW SECTION. Sec. 13. Sections 2 through 12 and 14 of this act are each added to chapter 43.101 RCW.
NEW SECTION. Sec. 14. This act takes effect January 1, 2002."
MOTION
On motion of Senator Costa, the following striking amendment by Senators Costa, Kline and Long was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:
When used in this chapter:
(1) The term "commission" means the Washington state criminal justice training commission.
(2) The term "boards" means the education and training standards boards, the establishment of which are authorized by this chapter.
(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.
(4) The term "law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.
(5) The term "correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
(6) A peace officer is "convicted" at the time a plea of guilty has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. "Conviction" includes a deferral of sentence and also includes the equivalent disposition by a court in a jurisdiction other than the state of Washington.
(7) "Discharged for disqualifying misconduct" means terminated from employment for: (a) Conviction of (i) any crime committed under color of authority as a peace officer, (ii) any crime involving dishonesty or false statement within the meaning of Evidence Rule 609(a), (iii) the unlawful use or possession of a controlled substance, or (iv) any other crime the conviction of which disqualifies a Washington citizen from the legal right to possess a firearm under state or federal law; (b) conduct that would constitute any of the crimes addressed in (a) of this subsection; or (c) knowingly making materially false statements during disciplinary investigations, where the false statements are the sole basis for the termination.
(8) A peace officer is "discharged for disqualifying misconduct" within the meaning of subsection (7) of this section under the ordinary meaning of the term and when the totality of the circumstances support a finding that the officer resigned in anticipation of discipline, whether or not the misconduct was discovered at the time of resignation, and when such discipline, if carried forward, would more likely than not have led to discharge for disqualifying misconduct within the meaning of subsection (7) of this section.
(9) When used in context of proceedings referred to in this chapter, "final" means that the peace officer has exhausted all available civil service appeals, collective bargaining remedies, and all other such direct administrative appeals, and the officer has not been reinstated as the result of the action. Finality is not affected by the pendency or availability of state or federal administrative or court actions for discrimination, or by the pendency or availability of any remedies other than direct civil service and collective bargaining remedies.
(10) "Peace officer" means any law enforcement personnel subject to the basic law enforcement training requirement of RCW 43.101.200 and any other requirements of that section, and police service dogs subject to requirements adopted under this act, notwithstanding any waiver or exemption granted by the commission, and notwithstanding the statutory exemption based on date of initial hire under RCW 43.101.200. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.12.055 are peace officers for purposes of this chapter.
NEW SECTION. Sec. 2. (1) As a condition of continuing employment as peace officers, all Washington peace officers: (a) Shall timely obtain certification as peace officers, or timely obtain certification for exemption therefrom, by meeting all requirements of RCW 43.101.200, as that section is administered under the rules of the commission, as well by meeting any additional requirements under this chapter; and (b) shall maintain the basic certification as peace officers under this chapter. The commission shall certify peace officers who have satisfied, or have been exempted by statute or by rule from, the basic training requirements of RCW 43.101.200 on or before the effective date of this section. Thereafter, the commission may revoke certification pursuant to this chapter.
(2) The commission shall allow a peace officer to retain status as a certified peace officer as long as the officer: (a) Timely meets the basic law enforcement training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification revoked by the commission.
(3) As a prerequisite to certification, as well as a prerequisite to pursuit of a hearing under section 9 of this act, a peace officer must, on a form devised or adopted by the commission, authorize the release to the commission of his or her personnel files, termination papers, criminal investigation files, or other files, papers, or information that are directly related to a certification matter or decertification matter before the commission.
NEW SECTION. Sec. 3. Upon request by a peace officer's employer or on its own initiative, the commission may deny or revoke certification of any peace officer, after written notice and hearing, if a hearing is timely requested by the peace officer under section 9 of this act, based upon a finding of one or more of the following conditions:
(1) The peace officer has failed to timely meet all requirements for obtaining a certificate of basic law enforcement training, a certificate of basic law enforcement training equivalency, or a certificate of exemption from the training;
(2) The peace officer has knowingly falsified or omitted material information on an application for training or certification to the commission;
(3) The peace officer has been convicted at any time of a felony offense under the laws of this state or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this state; except that if a certified peace officer was convicted of a felony before being employed as a peace officer, and the circumstances of the prior felony conviction were fully disclosed to his or her employer before being hired, the commission may revoke certification only with the agreement of the employing law enforcement agency;
(4) The peace officer has been discharged for disqualifying misconduct, the discharge is final, and some or all of the acts or omissions forming the basis for the discharge proceedings occurred on or after the effective date of this section;
(5) The peace officer's certificate was previously issued by administrative error on the part of the commission; or
(6) The peace officer has interfered with an investigation or action for denial or revocation of certificate by: (a) Knowingly making a materially false statement to the commission; or (b) in any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness.
NEW SECTION. Sec. 4. (1) A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy for any reason not also involving discharge for disqualifying misconduct is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission.
(2) A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in rules of the commission, rules which may provide for a probationary period of certification in the event of reinstatement of eligibility.
(3) A person whose certification is denied or revoked based upon a felony criminal conviction is not eligible for certification at any time.
(4) A peace officer whose certification is denied or revoked based upon discharge for disqualifying misconduct, but not also based upon a felony criminal conviction, may, five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for reinstatement. The commission shall hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in rules of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission may establish a probationary period of certification.
(5) A peace officer whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is reinstated or if eligibility for certification is determined, the commission may establish a probationary period of certification.
NEW SECTION. Sec. 5. A peace officer's certification lapses automatically when there is a break of more than twenty-four consecutive months in the officer's service as a full-time law enforcement officer. A break in full-time law enforcement service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the peace officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement.
NEW SECTION. Sec. 6. Upon termination of a peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission. The agency of termination shall, upon request of the commission, provide such additional documentation or information as the commission deems necessary to determine whether the termination provides grounds for revocation under section 3 of this act. The commission shall maintain these notices in a permanent file, subject to section 12 of this act.
NEW SECTION. Sec. 7. In addition to its other powers granted under this chapter, the commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this chapter;
(2) Issue subpoenas and administer oaths in connection with investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter;
(4) Appoint members of a hearings board as provided under section 10 of this act;
(5) Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter;
(6) Grant, deny, or revoke certification of peace officers under the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and statements of charges under the provisions of this chapter; and
(8) Employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter.
NEW SECTION. Sec. 8. A law enforcement officer or duly authorized representative of a law enforcement agency may submit a written complaint to the commission charging that a peace officer's certificate should be denied or revoked, and specifying the grounds for the charge. Filing a complaint does not make a complainant a party to the commission's action. The commission has sole discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters relating to certification, denial of certification, or revocation of certification on any other basis, without restriction as to the source or the existence of a complaint. A person who files a complaint in good faith under this section is immune from suit or any civil action related to the filing or the contents of the complaint.
NEW SECTION. Sec. 9. (1) If the commission determines, upon investigation, that there is probable cause to believe that a peace officer's certification should be denied or revoked under section 3 of this act, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of termination and any current law enforcement agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within sixty days of communication of the statement of charges, request a hearing before the hearings board appointed under section 10 of this act. Failure of the officer to request a hearing within the sixty-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.
(2) If a hearing is requested, the date of the hearing must be scheduled not earlier than ninety days nor later than one hundred eighty days after communication of the statement of charges to the officer; the one hundred eighty day period may be extended on mutual agreement of the parties or for good cause. The commission shall give written notice of hearing at least twenty days prior to the hearing, specifying the time, date, and place of hearing.
NEW SECTION. Sec. 10. (1) The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions before the commission unless otherwise provided in this chapter. The standard of proof in actions before the commission is clear, cogent, and convincing evidence.
(2) On all appeals brought under section 9 of this act, a five-member hearings panel shall both hear the case and make the commission's final administrative decision. Members of the commission or the board on law enforcement training standards and education may but need not be appointed to the hearings panels. The commission shall appoint as follows two or more panels to hear appeals from decertification actions:
(a) When an appeal is filed in relation to decertification of a Washington peace officer who is not a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) One police chief; (ii) one sheriff; (iii) two peace officers who are at or below the level of first line supervisor, who are from city or county law enforcement agencies, and who have at least ten years' experience as peace officers; and (iv) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(b) When an appeal is filed in relation to decertification of a peace officer of the Washington state patrol, the commission shall appoint to the panel: (i) Either one police chief or one sheriff; (ii) one administrator of the state patrol; (iii) one peace officer who is at or below the level of first line supervisor, who is from a city or county law enforcement agency, and who has at least ten years' experience as a peace officer; (iv) one state patrol officer who is at or below the level of first line supervisor, and who has at least ten years' experience as a peace officer; and (v) one person who is not currently a peace officer and who represents a community college or four-year college or university.
(c) Persons appointed to hearings panels by the commission shall, in relation to any decertification matter on which they sit, have the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is that a peace officer was "discharged for disqualifying misconduct," and the discharge is "final," within the meaning of section 3(4) of this act, and the officer received a civil service hearing or arbitration hearing culminating in an affirming decision following separation from service by the employer, the hearings panel may revoke or deny certification if the hearings panel determines that the discharge occurred and was based on disqualifying misconduct; the hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the employment separation proceeding. However, the hearings panel may, in its discretion, consider additional evidence to determine whether such a discharge occurred and was based on such disqualifying misconduct. The hearings panel shall, upon written request by the subject peace officer, allow the peace officer to present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of certification is based is that a peace officer "has been convicted at any time of a felony offense" within the meaning of section 3(3) of this act, the hearings panel shall revoke or deny certification if it determines that the peace officer was convicted of a felony. The hearings panel need not redetermine the underlying facts but may make this determination based solely on review of the records and decision relating to the criminal proceeding. However, the hearings panel shall, upon the panel's determination of relevancy, consider additional evidence to determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under section 3(1), (2), (5), or (6) of this act, the hearings panel shall determine the underlying facts relating to the charge upon which revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to judicial review under RCW 34.05.510 through 34.05.598.
NEW SECTION. Sec. 11. The commission, its boards, and individuals acting on behalf of the commission and its boards are immune from suit in any civil or criminal action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
NEW SECTION. Sec. 12. (1) Except as provided under subsection (2) of this section, the following records of the commission are confidential and exempt from public disclosure: (a) The contents of personnel action reports filed under section 6 of this act; (b) all files, papers, and other information obtained by the commission pursuant to section 2(3) of this act; and (c) all investigative files of the commission compiled in carrying out the responsibilities of the commission under this chapter. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in subsection (5) of this section.
(2) Records which are otherwise confidential and exempt under subsection (1) of this section may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement agency, which may review and copy its employee-officer's file; or (c) by a representative of or investigator for the commission.
(3) Records which are otherwise confidential and exempt under subsection (1) of this section may also be inspected at the offices of the commission by a duly authorized representative of a law enforcement agency considering an application for employment by a person who is the subject of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency may not obtain a copy of the record.
(4) Upon a determination that a complaint is without merit, that a personnel action report filed under section 6 of this act does not merit action by the commission, or that a matter otherwise investigated by the commission does not merit action, the commission shall purge records addressed in subsection (1) of this section.
(5) The hearings, but not the deliberations, of the hearings board are open to the public. The transcripts, admitted evidence, and written decisions of the hearings board on behalf of the commission are not confidential or exempt from public disclosure, and are subject to subpoena and discovery proceedings in civil actions.
(6) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission in good faith.
NEW SECTION. Sec. 13. It is the intent of sections 14 through 23 of this act to enhance public safety and the quality of law enforcement. The legislature finds these goals may be achieved by establishing a minimum standard of performance for working police service dog teams and a procedure for certification of teams. The legislature further finds it necessary to create an oversight mechanism to promote efficient and responsible implementation of the certification process.
NEW SECTION. Sec. 14. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Canine training standards board" or "board" means the board established by the commission under section 17 of this act.
(2) "Certified" means a determination by the commission that a police service dog team has met the minimum standard.
(3) "Commission" means the Washington state criminal justice training commission.
(4) "Handler" means a person who is responsible for the routine care, control, and utilization of a police service dog for law enforcement purposes and is:
(a) Any commissioned law enforcement officer of an agency, including a state, county, city, municipality, or a combination thereof or an employee of the Washington state department of corrections;
(b) A person contracted to provide law enforcement services;
(c) An employee of a local correctional facility; or
(d) In the case of an accelerant detection dog, the state fire marshal's designee or an employee of the fire department, city, or county authorized by the fire chief to be the dog's handler.
(5) "Law enforcement purposes" means detection of contraband or evidence and apprehension of criminal suspects.
(6) "Master trainer" means a person who meets the criteria established in rule by the commission following consultation with individuals and groups with experience and expertise in training and handling police service dogs.
(7) "Police service detection dog" means a dog assigned or used by a handler solely to detect contraband or arson by-products for law enforcement purposes.
(8) "Police service dog" means a dog assigned or used by a handler for law enforcement purposes.
(9) "Police service dog team" or "team" means a dog and handler that is certified as a team.
NEW SECTION. Sec. 15. (1) A police service dog handler may not use a police service dog for law enforcement purposes unless the handler and dog are certified as a team, except as otherwise provided in this section.
(2) Any dog team provided to assist in law enforcement purposes is exempt from the certification requirement of sections 14 through 23 of this act only if: (a) The dog is owned by, and acts under the control of, an agency of the federal government which engages in law enforcement purposes; (b) the team is provided on a temporary basis not exceeding forty-eight hours; and (c) the dog and its handler meet the internal minimum performance standards of the agency of the federal government which owns or controls the dog.
(3) If any law enforcement agency is, prior to August 1, 2003, utilizing a police service dog and a handler for law enforcement purposes, the agency may continue the use until March 1, 2004. After March 1, 2004, the dog and handler must be certified as a team to be used for law enforcement purposes.
(4) Any law enforcement agency that has not, prior to August 1, 2003, utilized a police service dog and a handler for law enforcement purposes must obtain certification before deploying a team.
(5) Upon determination by the commission that a law enforcement agency or the department of corrections has deployed a police service dog and handler not certified pursuant to this chapter, the commission may issue an order directing the agency or department to immediately cease the unauthorized deployment.
(6) If the agency or department does not discontinue the unauthorized deployment, the commission may seek appropriate injunctive relief in the superior court of the county in which the agency or department is located.
(7) Police service detection dogs are exempt from the certification requirement set forth in this section unless the commission extends the certification requirement to these dogs by rule.
NEW SECTION. Sec. 16. (1) The commission is directed to develop and adopt a minimum performance standard for each category of police service dog and handler, with the categories being derived from the law enforcement functions that the police service dogs and handlers perform. Each police service dog and handler must meet the standard for its category in order to become a team.
(2) The commission is directed to implement a process through which police service dogs and their handlers will be tested for certification. The commission is authorized to charge a fee for the purpose of conducting certification tests.
(3) The commission shall establish minimum training hours for police service dogs and handlers that must be completed prior to testing for certification. Prior to testing a police service dog and a handler for certification, the chief of police, sheriff, secretary of corrections, or chief of the Washington state patrol must submit an affidavit verifying that the required hours of training have been successfully completed by the police service dog and handler.
(4) The initial certification of police service dog teams is valid for one year. Recertification shall be valid for a period of time as determined by the commission.
NEW SECTION. Sec. 17. (1) The commission is directed to create the canine training standards board. The commission is directed to endeavor to ensure the composition of the board will include persons experienced with patrol, detector, and tracking police service dogs. The board shall, in consultation with the board on law enforcement training standards and education, recommend to the commission minimum performance standards and develop model training and performance standards for police service dogs and handlers. The model training and model performance standards may be used by local jurisdictions in developing their own canine programs.
(2) The board shall examine the option of requiring certification of police service detection dogs and make recommendations to the commission.
(3) The board shall be comprised of:
(a) A representative of the Washington state patrol with police service dog experience;
(b) A representative of the department of corrections with police service dog experience;
(c) A representative of a nonprofit organization in Washington with expertise and experience in the training and evaluating of patrol, detector, and tracking police service dogs and handlers;
(d) A representative of a nationwide nonprofit organization with experience and expertise in the humane treatment of dogs;
(e) A master trainer from a county with a population of two hundred fifty thousand or more appointed by the Washington association of sheriffs and police chiefs in consultation with the Washington council of police and sheriffs and the bargaining unit representing commissioned officers in any county with a population of one million or more;
(f) A representative of the county legislative authority appointed by the presiding officer of the Washington association of counties from a county with a population of two hundred fifty thousand or more that deploys a police service dog and handler for law enforcement purposes and, after March 1, 2004, is certified as a team;
(g) A master trainer from a city with a population of one hundred thousand or more appointed by the Washington association of sheriffs and police chiefs in consultation with the Washington council of police and sheriffs and the bargaining unit representing commissioned officers in any city with a population of four hundred thousand or more;
(h) A representative of the association of Washington cities appointed by the presiding officer of the association of Washington cities from a city with a population of one hundred thousand or more that deploys a police service dog and handler for law enforcement purposes and, after March 1, 2004, is certified as a team;
(i) Two persons, one with police service dog experience, appointed by the association of Washington cities from a city with a population of less than one hundred thousand;
(j) Two persons, one with police service dog experience, appointed by the Washington association of counties from a county with a population of less than two hundred fifty thousand;
(k) One representative to be appointed by the governor.
Prior to making the appointments requiring police service dog experience in (i) and (j) of this subsection, the Washington association of counties and the association of Washington cities shall consult with the Washington association of sheriffs and police chiefs and the Washington council of police and sheriffs.
(4) The board is a class 1 group under RCW 43.03.220 except that any member of the public appointed to the board is eligible for compensation under RCW 43.03.240(2).
(5) The board shall cease to exist after the minimum performance standards are developed and adopted by the commission and the model training and model performance standards are created.
(6) The board shall hold its initial meeting not later than November 1, 2001.
NEW SECTION. Sec. 18. (1) Any person claiming to be aggrieved by an act relating to the certification of a police service dog team may, personally or by his or her attorney, make, sign, and file with the commission a complaint in writing under oath or by declaration. The commission does not have jurisdiction to hear a complaint alleging negligent conduct by a certified team while engaged in law enforcement purposes.
(2) Any complaint filed pursuant to this section must be filed within thirty days after the alleged act giving rise to the complaint relating to certification of a police service dog team.
(3) After the filing of any complaint, the chairperson of the commission shall refer it to the appropriate section of the commission's staff for prompt investigation and ascertainment of the facts alleged in the complaint. The results of the investigation shall be reduced to written findings of fact and a copy shall be provided to the complainant.
NEW SECTION. Sec. 19. (1) The entire file, including the complaint and any and all findings made, shall be certified to the chairperson of the commission. The chairperson of the commission may thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint if the chairperson believes from the results of the investigation that there are reasonable grounds to conclude that a violation of this chapter may have occurred. If the chairperson requests the appointment of an administrative law judge, he or she shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the parties to appear and on the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.
(2) The place of any such hearing may be the office of the commission or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the commission: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the commission who previously participated in the denial of certification shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case.
(3) The commission shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The commission has the right to cross-examine the complainant.
(4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the administrative law judge finds that the commission has wrongfully denied certification, the administrative law judge shall state findings of fact and shall issue and file with the commission and cause to be served on the commission an order requiring the commission to certify the police service dog team.
(6) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within thirty days after the service of the order on the parties.
(7) If, upon all the evidence, the administrative law judge finds that the commission correctly denied certification, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
NEW SECTION. Sec. 20. (1) Every police service dog used by law enforcement or any other state or local governmental agency is required to be identified by a microchip as defined in RCW 16.57.010(13) or through the use of superior technology as designated by the commission.
(2) The microchip of any police service dog used by a state or local governmental agency may not be removed except for medical necessity. If it is necessary to remove the microchip, the reason for the removal must be documented, entered into the data base created by section 21 of this act, and a new microchip inserted unless the dog is permanently retired from service.
NEW SECTION. Sec. 21. (1) The commission is directed to develop and manage a centralized data base of information pertaining to all police service dogs used by Washington state and local governmental agencies. The data base shall be cumulative, updated, and contain the following information for each police service dog:
(a) Identification as required in section 20(1) of this act;
(b) Name;
(c) Breed;
(d) Type of training:
(i) G = Generalist;
(ii) N = Narcotic;
(iii) B = Bomb;
(iv) Xn = Cross-trained narcotic;
(v) Xb = Cross-trained bomb;
(vi) O = Other;
(e) Date acquired;
(f) Source of acquisition:
(i) Vendor name, address, and telephone number;
(ii) Donated by private person, nonprofit entity, or other;
(g) Handler's name;
(h) Date of certification and recertifications;
(i) Date and reason released from service.
(2) Except as provided in RCW 42.17.310, the commission shall make this data base available through a web page and accessible by entering a dog's identification number as required in section 20(1) of this act.
(3) All records pertaining to training, utilization, and certification from acquisition to first certification pertaining to police service dogs are required to be kept by the agency with ownership of the police service dog and made available upon request.
NEW SECTION. Sec. 22. The commission shall adopt rules to implement this chapter.
Sec. 23. RCW 42.17.310 and 2000 c 134 s 3, 2000 c 56 s 1, and 2000 c 6 s 5 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.
(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
(ww) Information collected pursuant to section 21(1)(d) (iii) and (v) of this act.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
NEW SECTION. Sec. 24. Sections 2 through 12 of this act are each added to chapter 43.101 RCW.
NEW SECTION. Sec. 25. Sections 13 through 22 of this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 26. (1) Sections 1 through 12 and 24 of this act take effect January 1, 2002.
(2) Sections 13 through 23 and 25 of this act take effect August 1, 2001."
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "officers;" strike the remainder of the title and insert "amending RCW 43.101.010; reenacting and amending RCW 42.17.310; adding new sections to chapter 43.101 RCW; adding a new chapter to Title 43 RCW; and providing effective dates."
On motion of Senator Costa, the rules were suspended, House Bill No. 1062, 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 House Bill No. 1062, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1062, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, 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, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Deccio, Johnson, Prentice, Snyder and West - 5.
HOUSE BILL NO. 1062, 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. 1028, by Representatives Haigh, D. Schmidt, Romero, Conway, Kenney and Talcott
Revising the provision for military leave for public employees.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1028 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 House Bill No. 1028.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1028 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, 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, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Absent: Senators Finkbeiner and Gardner - 2.
Excused: Senators Deccio, Snyder and West - 3.
HOUSE BILL NO. 1028, 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 Finkbeiner was excused.
SECOND READING
HOUSE BILL NO. 1002, by Representatives Ruderman, Rockefeller, Santos, Lambert, Darneille, Haigh, McIntire and Hunt
Limiting the public inspection and copying of residential addresses or residential phone numbers of public employees or volunteers of public agencies.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1002 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. 1002.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1002 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Deccio, Finkbeiner, Snyder and West - 4.
HOUSE BILL NO. 1002, 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. 1173, by Representatives Mulliken and Dunshee
Purchasing material, supplies, or equipment by fire districts.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, House Bill No. 1173 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 House Bill No. 1173.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1173 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Absent: Senator Fraser - 1.
Excused: Senators Deccio, Finkbeiner, Snyder and West - 4.
HOUSE BILL NO. 1173, 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. 1136, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Wood, Ahern, Gombosky, Cox, Grant, Doumit, G. Chandler, Rockefeller, Linville, Schindler, Mulliken, Buck, Mastin, McMorris, Benson and Eickmeyer)
Regarding product standards.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Substitute House Bill No. 1136 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 House Bill No. 1136.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1136 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Snyder and West - 3.
SUBSTITUTE HOUSE BILL NO. 1136, 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. 1160, by Representatives Hunt, Clements, Conway and Kenney (by request of Department of Licensing)
Providing for temporary real estate appraiser practice permits.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1160 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 House Bill No. 1160.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1160 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Snyder and West - 3.
HOUSE BILL NO. 1160, 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. 1542, by Representatives Van Luven, Gombosky, Fromhold and Dunn (by request of Department of Community, Trade, and Economic Development)
Exempting certain financial or proprietary information provided to the department of community, trade, and economic development from public disclosure.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, House Bill No. 1542 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. 1542.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1542 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Snyder and West - 3.
HOUSE BILL NO. 1542, 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 Swecker: “A point of personal privilege, Madam President. I just wanted to inform the members that our recent student visitors who exercised their First Amendment rights were polled. It was an informal, but reliable poll. Approximately one-half of those present were from the Seattle Community Colleges. One-fourth were from The Evergreen State College and the South Puget Sound Community College--our local colleges--and the other fourth were from other schools. Thank you, Madam Chair.”
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2049, by House Committee on State Government (originally sponsored by Representatives Pearson, Crouse, Cox, Schindler, DeBolt, Mitchell, Ericksen, Cairnes, Clements and Talcott)
Establishing technical assistance programs.
The bill was read the second time.
MOTION
On motion of Senator Roach, 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 43.05.040 and 1995 c 403 s 605 are each amended to read as follows:
(1) The owner and operator shall be given a reasonable period of time to correct violations identified during a technical assistance visit before any civil penalty provided for by law is imposed for those violations. A regulatory agency may revisit a facility, business, or other location after a technical assistance visit and a reasonable period of time has passed to correct violations identified by the agency in writing and issue civil penalties as provided for by law for any uncorrected violations.
(2) During a visit under subsection (1) of this section, the regulatory agency may not issue civil penalties for violations not previously identified in a technical assistance visit, unless the violations are of the type for which the agency may issue a citation: (a) During a technical assistance visit under RCW 43.05.050; or (b) under RCW 43.05.090."
MOTIONS
On motion of Senator Roach, the following title amendment was adopted:
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "and amending RCW 43.05.040."
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 2049, 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. 2049, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2049, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators 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, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Snyder and West - 3.
SUBSTITUTE HOUSE BILL NO. 2049, 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. 1596, by House Committee on Transportation (originally sponsored by Representatives G. Chandler, Wood, Mulliken, Fisher, Mitchell, Ogden and Santos)
Authorizing transportation for persons with special needs.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1596 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. 1596.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1596 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Snyder and West - 3.
SUBSTITUTE HOUSE BILL NO. 1596, 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 Swecker was excused.
SECOND READING
HOUSE BILL NO. 1205, by Representatives Keiser, DeBolt, Barlean, Simpson and Santos (by request of Department of Financial Institutions)
Licensing and regulation of consumer loan companies.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 1205 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 House Bill No. 1205.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1205 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
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, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 45.
Excused: Senators Deccio, Snyder, Swecker and West - 4.
HOUSE BILL NO. 1205, 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. 2184, by House Committee on Finance (originally sponsored by Representatives Berkey, DeBolt, Morris, Dunshee and Edwards)
Revising tax treatment of park model trailers.
The bill was read the second time.
MOTION
On motion of Senator Brown, the following Committee on Ways and Means striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to promote fairness in the application of tax. Therefore, for the purposes of excise tax, park model trailers will be taxed in the same manner as mobile homes.
Sec. 2. RCW 82.45.032 and 1993 sp.s. c 25 s 504 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Real estate" or "real property" means any interest, estate, or beneficial interest in land or anything affixed to land, including the ownership interest or beneficial interest in any entity which itself owns land or anything affixed to land. The term includes used mobile homes, used park model trailers, used floating homes, and improvements constructed upon leased land.
(2) "Used mobile home" means a mobile home which has been previously sold at retail and has been subjected to tax under chapter 82.08 RCW, or which has been previously used and has been subjected to tax under chapter 82.12 RCW, and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities.
(3) "Mobile home" means a mobile home as defined by RCW 46.04.302, as now or hereafter amended.
(4) "Park model trailer" means a park model trailer as defined in RCW 46.04.622.
(5) "Used floating home" means a floating home in respect to which tax has been paid under chapter 82.08 or 82.12 RCW.
(((5))) (6) "Used park model trailer" means a park model trailer that has been previously sold at retail and has been subjected to tax under chapter 82.08 RCW, or that has been previously used and has been subjected to tax under chapter 82.12 RCW, and that has substantially lost its identity as a mobile unit by virtue of its being permanently sited in location and placed on a foundation of either posts or blocks with connections with sewer, water, or other utilities for the operation of installed fixtures and appliances.
(7) "Floating home" means a building on a float used in whole or in part for human habitation as a single-family dwelling, which is not designed for self propulsion by mechanical means or for propulsion by means of wind, and which is on the property tax rolls of the county in which it is located.
NEW SECTION. Sec. 3. A new section is added to chapter 82.08 RCW to read as follows:
The tax imposed by RCW 82.08.020 shall not apply to:
(1) Sales of used park model trailers, as defined in RCW 82.45.032;
(2) The renting or leasing of used park model trailers, as defined in RCW 82.45.032, when the rental agreement or lease exceeds thirty days in duration.
NEW SECTION. Sec. 4. A new section is added to chapter 82.12 RCW to read as follows:
The provisions of this chapter shall not apply with respect to the use of used park model trailers, as defined in RCW 82.45.032.
NEW SECTION. Sec. 5. This act takes effect August 1, 2001."
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, line 3 of the title, after "homes;" strike the remainder of the title and insert "amending RCW 82.45.032; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and providing an effective date."
On motion of Senator Brown, the rules were suspended, Substitute House Bill No. 2184, 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. 2184, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2184, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Constantine, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 44.
Absent: Senator Finkbeiner - 1.
Excused: Senators Deccio, Snyder, Swecker and West - 4.
SUBSTITUTE HOUSE BILL NO. 2184, 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. 1950, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Clements, Wood, Kenney and Miloscia)
Describing worker rights under industrial insurance.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions striking amendment was not adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.28.010 and 1977 ex.s. c 350 s 32 are each amended to read as follows:
(1) Whenever any accident occurs to any worker it shall be the duty of such worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or ((foreman or forewoman)) supervisor in charge of the work, and of the employer to at once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025((, as now or hereafter amended,)) where the worker has received treatment from a ((physician)) health services provider, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury.
(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a health services provider of the worker's choice, as defined in RCW 51.08.095, and must list the types of providers authorized to provide these services.
Sec. 2. RCW 51.28.020 and 1984 c 159 s 3 are each amended to read as follows:
(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her ((self-insuring)) self-insured employer, as the case may be, his or her application for such, together with the certificate of the ((physician)) health services provider who attended him or her((, and it shall be the duty of)). Application forms used by the department and self-insured employers shall include a notice specifying the worker's right to receive health services from a health services provider of the worker's choice, as defined in RCW 51.08.095, and listing the types of providers authorized to provide these services as attending doctors.
(b) The ((physician to)) health services provider who attended the injured worker shall inform the injured worker of his or her rights under this title and ((to)) lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide ((physicians)) health services providers with a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.
(2) If application for compensation is made to a ((self-insuring)) self-insured employer, he or she shall forthwith send a copy ((thereof)) of the application to the department.
Sec. 3. RCW 51.08.095 and 1986 c 200 s 12 are each amended to read as follows:
"Health services provider" or "provider" means any person, firm, corporation, partnership, association, agency, institution, or other legal entity providing any kind of services related to the treatment of an industrially injured worker. Health services providers authorized to treat injured workers as attending doctors under this title are: (1) Persons licensed to practice medicine under chapter 18.71 RCW; (2) persons licensed to practice osteopathic medicine and surgery under chapter 18.57 RCW; (3) persons licensed to practice chiropractic under chapter 18.25 RCW; (4) persons licensed to practice naturopathy under chapter 18.36A RCW; (5) persons licensed to practice podiatric medicine and surgery under chapter 18.22 RCW; (6) persons licensed to practice dentistry under chapter 18.32 RCW; and (7) persons licensed to practice optometry under chapter 18.53 RCW.
NEW SECTION. Sec. 4. By January 1, 2002, the department of labor and industries shall develop the forms required under sections 1 and 2 of this act, and these forms must be in use by the department and self-insured employers by July 1, 2002.
NEW SECTION. Sec. 5. This act takes effect January 1, 2002, but the department may immediately take such steps as are necessary to ensure that this act is fully implemented on its effective date."
MOTIONS
On motion of Senator Prentice, the following amendment was adopted:
On page 2, line 30, after "act", delete "." and insert ", and these forms must be in use by the department and self insured employers by July 1, 2002."
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 1950, 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. 1950, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1950, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators 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, McDonald, Morton, Oke, Parlette, Patterson, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 46.
Excused: Senators Deccio, Swecker and West - 3.
SUBSTITUTE HOUSE BILL NO. 1950, 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.
PERSONAL PRIVILEGE
Senator Rasmussen: “A point of personal privilege, Madam President. I would like to thank the Senate for the resolution this morning honoring Brownie Braunsteiner. I thought it was absolutely wonderful. Brownie really enjoyed it. What you didn’t know is that he had just returned from Austria where he said ‘goodbye’ to his family and his friends. For that today, I would like to tell you all, ‘thank you.’ It just meant so much to him.
“Madam President, I have another point. I think you need to know where I spent the night. We usually don’t tell these types of things. Actually, I spent it at Swedish Hospital. Our daughter just gave birth to our seventeenth grandchild--a little boy. Thank you very much.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
April 5, 2001
SB 6143 Prime Sponsor, Senator T. Sheldon: Requiring publication of level III sex and kidnapping offender notifications. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6143 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl-Welles, Long and Stevens.
Passed to Committee on Rules for second reading.
April 5, 2001
SB 6151 Prime Sponsor, Senator Long: Revising provisions relating to high-risk sex offenders. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: That Substitute Senate Bill No. 6151 be substituted therefor, and the substitute bill do pass. Signed by Senators Hargrove, Chair; Costa, Vice Chair; Hewitt, Kohl-Welles, Long and Stevens.
MINORITY Recommendation: Do not pass. Signed by Senators Carlson, Franklin and Kastama.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
April 6, 2001
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5127,
SUBSTITUTE SENATE BILL NO. 5205,
SENATE BILL NO. 5223,
SUBSTITUTE SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5734, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Co-Chief Clerk
TIMOTHY A. MARTIN, Co-Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5127,
SUBSTITUTE SENATE BILL NO. 5205,
SENATE BILL NO. 5223,
SUBSTITUTE SENATE BILL NO. 5484,
SUBSTITUTE SENATE BILL NO. 5502,
SUBSTITUTE SENATE BILL NO. 5734.
MOTION
At 3:43 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:30 a.m., Monday, April, 9, 2001.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate