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SEVENTEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 30, 2002

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner and Parlette.

      The Sergeant at Arms Color Guard, consisting of Pages Damon Call and Emily Chamberlain, presented the Colors. Reverend Arthur Vaeni, a minister with the Unitarian Universalist Congregation in Olympia, offered the prayer.


MOTION


      On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.


REPORTS OF STANDING COMMITTEES


January 29, 2002

SB 6003             Prime Sponsor, Senator Morton: Clarifying commercial driver's license exemptions. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Finkbeiner, Horn, Jacobsen, Kastama, McAuliffe, McDonald, Oke, Prentice, T. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6242             Prime Sponsor, Senator Johnson: Modifying the definition of nonprobate asset. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, Poulsen and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6266             Prime Sponsor, Senator Johnson: Updating creditor/debtor personal property exemptions. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, McCaslin, Poulsen and Zarelli.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6278             Prime Sponsor, Senator Kline: Serving child support documents to financial institutions. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 6278 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Long, Poulsen and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6290             Prime Sponsor, Senator Kline: Regarding ex parte protection orders. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Costa, Hargrove, McCaslin, Poulsen and Thibaudeau.

 

MINORITY Recommendation: Do not pass. Signed by Senator Kastama, Vice Chair.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6292             Prime Sponsor, Senator Kline: Authorizing lay judicial officers. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Poulsen and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6293             Prime Sponsor, Senator Kline: Hearing certain criminal actions by video or other electronic means. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Johnson, Long, McCaslin, Poulsen and Zarelli.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6317             Prime Sponsor, Senator Kline: Awarding costs to the prevailing party for enforcement of the judgment in small claims cases. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, McCaslin, Poulsen, Roach, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2002

SB 6352             Prime Sponsor, Senator Gardner: Preventing masking of commercial drivers' offenses. Reported by Committee on Transportation


      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, McAuliffe, McDonald, Oke, Prentice, T. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6401             Prime Sponsor, Senator Kline: Standardizing references to county clerks. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, Poulsen, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6404             Prime Sponsor, Senator Jacobsen: Modifying sheriff duties. Reported by Committee on Judiciary


      MAJORITY Recommendation: That Substitute Senate Bill No. 6404 be substituted therefor, and the substitute bill do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Poulsen and Thibaudeau.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6417             Prime Sponsor, Senator Johnson: Regarding the filing of wills in superior court. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, Poulsen, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


January 29, 2002

SB 6461             Prime Sponsor, Senator Gardner: Strengthening procedures for disqualification of drinking or drugged commercial drivers. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 6461 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, McAuliffe, McDonald, Oke, Prentice, T. Sheldon and Shin.


      Passed to Committee on Rules for second reading.


January 29, 2002

SB 6463             Prime Sponsor, Senator Gardner: Requiring English language ability for a commercial driver's license. Reported by Committee on Transportation


      MAJORITY Recommendation: That Substitute Senate Bill No. 6463 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Finkbeiner, Kastama, Keiser, McDonald, Oke and T. Sheldon.


      Passed to Committee on Rules for second reading.


January 28, 2002

SB 6490             Prime Sponsor, Senator Roach: Increasing penalties for taking a motor vehicle without permission. Reported by Committee on Judiciary


      MAJORITY Recommendation: Do pass. Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Johnson, Long, McCaslin, Poulsen, Roach, Thibaudeau and Zarelli.


      Referred to Committee on Ways and Means.


January 29, 2002

SB 6557             Prime Sponsor, Senator Kohl-Welles: Providing for the higher education coordinating board to select its chair and vice-chair. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, McAuliffe, Parlette and B. Sheldon.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 6490 was referred to the Committee on Ways and Means.


MESSAGE FROM THE HOUSE

January 29, 2002

MR. PRESIDENT:

      The House has passed:

      HOUSE BILL NO. 1179,

      HOUSE BILL NO. 1196,

      SUBSTITUTE HOUSE BILL NO. 1469,

      HOUSE BILL NO. 2299,

      HOUSE BILL NO. 2302,

      HOUSE BILL NO. 2303,

      HOUSE BILL NO. 2310, 

      ENGROSSED HOUSE BILL NO. 2399, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6727             by Senators Poulsen, Keiser and Prentice

 

AN ACT Relating to the protection of salmon spawning beds; adding a new section to chapter 77.95 RCW; and prescribing penalties.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 6728             by Senators Costa, Hargrove, Winsley and Kohl-Welles

 

AN ACT Relating to purchase of articles or products from inmate work programs; and amending RCW 43.19.534.

Referred to Committee on Human Services and Corrections.

 

SB 6729             by Senators Winsley, Rasmussen and Franklin

 

AN ACT Relating to public safety services provided to state hospitals; and amending RCW 35.21.779.

Referred to Committee on Human Services and Corrections.

 

SB 6730             by Senators Hochstatter, Hewitt and Stevens

 

AN ACT Relating to state agency liability; and adding a new section to chapter 4.92 RCW.

Referred to Committee on Ways and Means.

 

SB 6731             by Senators Kline and Rasmussen (by request of Governor Locke and Attorney General Gregoire)

 

AN ACT Relating to criminal penalties for terrorism offenses; amending RCW 9A.82.090, 9A.82.100, 9A.82.120, 10.95.040, and 9A.04.080; reenacting and amending RCW 9A.82.010 and 9.94A.515; adding a new section to chapter 10.95 RCW; adding a new chapter to Title 9A RCW; prescribing penalties; and declaring an emergency. ency.

Referred to Committee on Judiciary.

 

SB 6732             by Senators Kline, Winsley, Costa, Long, Fairley and Kohl-Welles

 

AN ACT Relating to early termination of rental agreements; adding new sections to chapter 59.18 RCW; repealing RCW 59.18.356; and declaring an emergency.

Referred to Committee on Judiciary.

 

SB 6733             by Senators Thibaudeau, Deccio, Kohl-Welles, Prentice and Rasmussen

 

AN ACT Relating to extending service choices for people with developmental disabilities including those living in their own homes; amending RCW 71A.16.010 and 71A.16.030; adding new sections to chapter 71A.20 RCW; and repealing 1998 c 216 s 9 (uncodified).

Referred to Committee on Health and Long-Term Care.

 

SB 6734             by Senators Brown and Prentice

 

AN ACT Relating to connection of mobile home parks to public sewer systems; and amending RCW 35.67.370.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6735             by Senators Rasmussen, Prentice, Benton, Keiser, Hochstatter, Honeyford, Winsley, Gardner and Regala

 

AN ACT Relating to direct deposit of unemployment compensation benefits; and adding a new section to chapter 50.20 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6736             by Senator Shin

 

AN ACT Relating to tuition-setting authority at institutions of higher education; and amending RCW 28B.15.031, 28B.15.066, and 28B.15.067.

Referred to Committee on Higher Education.

 

SB 6737             by Senator Fraser

 

AN ACT Relating to coordinating implementation of watershed plans; adding new sections to chapter 90.54 RCW; and creating a new section.

Referred to Committee on Environment, Energy and Water.

 

SB 6738             by Senators Prentice and Winsley

 

AN ACT Relating to payment of insurance claims; and adding a new chapter to Title 48 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 6739             by Senator Horn

 

AN ACT Relating to tuition at institutions of higher education; amending RCW 28B.15.066 and 28B.15.067; and adding a new section to chapter 28B.15 RCW.

Referred to Committee on Higher Education.

 

SB 6740             by Senators Rasmussen, Swecker, Shin and Parlette

 

AN ACT Relating to irrigation districts' acceptance of methods of payment; and adding a new section to chapter 87.03 RCW.

Referred to Committee on Agriculture and International Trade.

 

SB 6741             by Senators Honeyford, Parlette, Morton, Hewitt, Hale, T. Sheldon, Hochstatter, Sheahan, Deccio and Rasmussen

 

AN ACT Relating to creating a water commission; and adding a new chapter to Title 90 RCW.

Referred to Committee on Environment, Energy and Water.

 

SCR 8426          by Senators Kohl-Welles, Winsley, Thibaudeau, McAuliffe, Franklin, Fairley and Fraser

 

Creating the Joint Select Committee on Indoor Mold Contamination.

 

Referred to Committee on Health and Long-Term Care.

 

SCR 8427          by Senators Carlson and Zarelli

 

Modifying districts eighteen and forty-nine in the plan for legislative redistricting.

 

Referred to Committee on State and Local Government.


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

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

 

Strengthening procedures for disqualification of drinking or drugged commercial drivers.

 

Referred to Committee on Transportation.

 

HB 1196            by Representatives Gombosky, Mulliken, Dunshee and Cox

 

Modifying parking and business improvement areas.

 

Referred to Committee on State and Local Government.

 

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

 

Dispensing controlled substance orders and prescriptions.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2299            by Representatives Esser, Lantz and Benson

 

Defining person under the business corporation act, uniform limited partnership act, and limited liability company act.

 

Referred to Committee on Judiciary.

 

HB 2302            by Representatives Conway, Wood, Kenney and Edwards (by request of Employment Security Department)

 

Modifying certain application methods for unemployment insurance.

 

Referred to Committee on Labor, Commerce and Financial Institutions.

 

HB 2303            by Representatives Conway, Wood and Kenney (by request of Employment Security Department)

 

Correcting rate class 16 in schedule B.

 

Referred to Committee on Labor, Commerce and Financial Institutions.

 

HB 2310            by Representatives Jackley, Sump, Doumit, Rockefeller and Eickmeyer (by request of Department of Natural Resources)

 

Determining a "highest responsible bidder" for valuable materials on state-owned lands.

 

Referred to Committee on Natural Resources, Parks and Shorelines.

 

EHB 2399          by Representatives Rockefeller, Doumit, Jackley, Chase, McDermott and Haigh (by request of Department of Natural Resources)

 

Modifying provisions concerning Class IV forest practices.

 

Referred to Committee on Natural Resources, Parks and Shorelines.


MOTION


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


SENATE RESOLUTION 8721


By Senators Costa, McAuliffe, Kastama, Long, Shin, Stevens, Poulsen, Kline, Oke, Roach, Zarelli, Spanel, Franklin, Sheldon, B., Sheahan, Eide, Rasmussen and Kohl-Welles


      WHEREAS, The USS Ingraham represents the United States government and its citizens as naval ambassador; and

      WHEREAS, The USS Ingraham was the final ship built in the Oliver Hazard Perry Class of guided missile frigates, which consists of fifty-one ships, making it the largest single class of warships built by a Western Navy since World War II; and

      WHEREAS, With its anti-submarine warfare system, high speed and quick reaction, this warship is a valuable asset in today’s multi-threat environment; and

      WHEREAS, On July 24, 2001, the USS Ingraham left Naval Station Everett for the Persian Gulf to enforce United Nations sanctions against Iraq; and

      WHEREAS, Within a couple of days of the deplorable events of September 11, the USS Ingraham, as a part of the Carl Vinson Battle Group, was on station to conduct air strikes when ordered; and

      WHEREAS, Some two hundred and forty-two officers and crew members--including a San Diego-based helicopter detachment of twenty-four men, three midshipmen from the United States Naval Academy and a chaplain from Destroyer Squadron Nine--joined the Ingraham for its operations; and

      WHEREAS, The Ingraham personnel provided defensive actions for the Peliliu Amphibious Ready Group; escorted ammunition ships, oilers and food storage vessels through the Strait of Hormuz; and brought goods to the battle groups conducting strikes against

al Qaida members; and

      WHEREAS, Off the coast of Iraq, the USS Ingraham prevented the illegal flow of weapons, banned chemicals and other items targeted for military purposes; and

      WHEREAS, By boarding and searching hundreds of vessels, the Navy Seals Teams, Marine Units and the USS Ingraham worked cooperatively to close possible escape routes to Osama bin Laden and his leadership figures;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate do hereby recognize and appreciate the sacrifices made by military personnel aboard the USS Ingraham and the families they left behind; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Naval Station Everett and the USS Ingraham.


      Senators Costa, Oke and McCaslin spoke to Senate Resolution 8721.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Captain Kersh, from the USS Ingraham, who was seated on the rostrum.

      With permission of the Senate, business was dispensed with to allow Captain Kersh to address the Senate.

      The President also welcomed and introduced Master Chief Cannuli, a crew member on the USS Ingraham, also seated on the rostrum.


PERSONAL PRIVILEGE


      Senator McCaslin: “A point of personal privilege, Mr. President. As a former Seaman and Radio Operator, Second Class, in the big one, I can assure you that I can’t fit into my uniform. As a matter of fact, when I went to college, my wife cut up my P Coat and my old uniform for our daughter–so she wore those for a few years.

      “Joining with Senator Oke–were you a Master Chief? They all outranked me, because I was a Radio Operator, Second Class. I understand that you have all gone to right arm braids now, or is it left hand braids? When I was in the Navy, we had right arm braids and then we had the radio girls and so forth on our left arm, but that is what they called us. God Bless you both and thanks for your service and continue your good works.”

MOTION


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


SENATE RESOLUTION 8714


By Senators Hewitt, Hale, Sheldon, B., Sheahan and Kohl-Welles


      WHEREAS, On November 1, 2001, the freshman football teams from Walla Walla High School and Richland High School met on the field two days after the football-injury death of Walla Walla running back and lineman, fifteen-year-old John Quaresma; and

      WHEREAS, the Walla Walla Blue Devils wore an emblem on their helmets with John’s jersey number, 22, and parents and fans sat in the stands with photo buttons of John in his football jersey pinned to their coats; and 

      WHEREAS, players from both teams felt the sadness of the hole in the Blue Devils line-up as the game began, but played hard with both teams scoring; and

      WHEREAS, with three minutes left in the game and the Blue Devils leading by 26 to 18, a Bombers player lay motionless on the ground after the lines clashed; and

      WHEREAS, the Richland coaches and the Walla Walla trainer ran onto the field and players from both teams stood helmets in hand as Bomber’s Kyle Conley spoke but did not move and was placed on a backboard by paramedics and taken to the hospital by ambulance; and

      WHEREAS, players, coaches, parents and fans were not to learn until later that Conley would be OK; and

      WHEREAS, the Blue Devils and Bombers decided to end the game with 2 minutes and 34 seconds left on the clock--declaring the Blue Devils victorious; and

      WHEREAS, both teams lined up on the 50-yard-line to shake hands as their parents, classmates, and community supporters cheered; and

      WHEREAS, the compassion and sportsmanship of the Richland and Walla Walla players and their coaches on November 1 exemplifies the true spirit of competitive sports; and

      WHEREAS, the parents, classmates and communities of these teams have reason to be proud of each individual player, their coaches and team assistants;

      NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, that the freshman football teams of Walla Walla High School and Richland High School be honored for their maturity, compassion and sportsmanship; and

      BE IT FURTHER RESOLVED, that the coaches and parents of the Blue Devils and Bombers team members be commended for their leadership and support of these young men throughout the season and especially during the difficult days around November 1; and

      BE IT FURTHER RESOLVED, that this resolution be dedicated to the memory of Blue Devils team member John Quaresma; and

      BE IT FURTHER RESOLVED, that a copy of this resolution be immediately transmitted to Jerry and Laure Quaresma, parents of John Quaresma; Blue Devils’ Athletic Director, Don Wilkins; Blue Devils’ Coaches Marc Yonts, Mike Gobel, Jim Smith, Keven Peck and Jason Parsons; Blue Devils’ team players Kenny Yetter-Baisch, Brian Bloomberg, Charles Buettner, Greg Dixon, Chris Flippo, Marquelle Fowler, Adam Frol, Ben Garcia, Hank Hager, Andrew Hartzheim, Charlie Higgenbotham, Squire Johnson, Jacob Klingenberg, Michael Land, Kenny Langis, Lance Lybecker, Jared Manning, Aaron Meister, Trevor Nix, Zackary Porter, Juan Rodriguez, Kyle Rouse, Juan Ruiz, Jose Sandoval, Justin Schmidt, Logan Spence, Jeremy Teal, Eduard Velazquez, Anthony Wickham and Zac Young; Bombers’ Athletic Director, Steve Potter; Bombers’ Coaches Jim Deatherage, Kevin Norris, and Chuck Bender; Bombers’ team players Scott Albin, Mike Biddle, Tony Calapristi, Nick Capron, Nick Casqueiro, Nick Cejka, Kyle Conley, Cody Cooper, Cody Dahlman, J.J. Davidson, Kyle


Devior, Chris Dickinson, Chase Egbert, Jared Feaster, Rodney Fetter, Brandon Garret, Victor Garza, Brian Giever, Blake Goplin, Blake Gutierrez, Matt Hardman, Craig Hofferber, John Huebner, Alex Ironside, Ian Johnston, Donald Koberg, Derrick Larche, Alex McLain, Derrick Mickle, Steven Miska, Bobby Neill, Brandon Ricci, Tyler Roberts, Michael Robinson, James Rogers, Austin Schiefelbein, Derrick Schultz, James Shanley, Corey Sinclair, Mark Skavdahl, Quincy Stowe, Andrew Verhulp, John Whiteley and Dana Wheeler.


      Senators Hewitt and Hale spoke to Senate Resolution 8714.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced the Walla Walla High School football coaches, who were seated in the gallery.


MOTION


      On motion of Senator Betti Sheldon, the Senate reverted to the seventh order of business.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5099, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Winsley and Thibaudeau)

 

Designating medical directors.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5099.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5099 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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

     Absent: Senators Finkbeiner and Parlette - 2.

      SUBSTITUTE SENATE BILL NO. 5099, 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.


MOTION


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


MOTION


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


SENATE RESOLUTION 8718


By Senators Deccio, McCaslin, McAuliffe, Sheldon, B., Rasmussen and Kohl-Welles


      WHEREAS, The Yakima Valley recognizes it has an economy in transition and significant change needs to occur; and

      WHEREAS, The citizens of the Yakima Valley have a proud tradition of self-help and grassroots community action to meet challenges and create opportunities; and

      WHEREAS, The Greater Yakima Chamber of Commerce's education program has been recognized by both the National School to Work Office and the United States Chamber of Commerce as a Best Practice in the United States; and

      WHEREAS, The Greater Yakima Chamber of Commerce has established task forces working to identify and implement strategies for the emerging, current, and transitional workers in the Yakima Valley; and

      WHEREAS, The Greater Yakima Chamber of Commerce and government, education, community, and business interests have come together to form a partnership known as the Business Education Partnership Initiative; and

      WHEREAS, The Business Education Partnership Initiative has taken a leading role in preparing and maintaining a qualified work force to meet Yakima Valley employer requirements now and in the future; and

       WHEREAS, The Business Education Partnership Initiative allows even greater networking among government, education, community, and business interests by increasing access to the talents and knowledge of all members and the various programs and organizations involved in the workforce development process;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the Greater Yakima Chamber of Commerce and all the government, education, community, and business interests involved for their outstanding efforts in forming the Business Education Partnership Initiative to create a working partnership model for grassroots involvement leading to community solutions; and



      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the Greater Yakima Chamber of Commerce.


      Senators Deccio and McAuliffe spoke to Senate Resolution 8718.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced members of the Greater Yakima Chamber of Commerce, as well as members of the business community, school administrators, teachers, students, Workforce Development Councils and the Local Labor Council, who were seated in the gallery.


MOTION


      On motion of Senator Costa, the Senate reverted to the seventh order of business.


THIRD READING


      SENATE BILL NO. 5253, by Senators McCaslin, Kline, Long, Constantine, Hewitt, Horn, Honeyford and Costa

 

Increasing civil jury fees.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5253.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5253 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Finkbeiner - 1.

      SENATE BILL NO. 5253, 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.


THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5291, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Costa, Winsley, Franklin and Fraser)

 

Requiring certain immunizations of staff and residents of long-term care facilities.


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5291 was returned to second reading and read the second time.


MOTION


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

      On page 3, line 2, after "act of" strike "2001" and insert "2002"


MOTION


      On motion of Senator Thibaudeau, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5291 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5291.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5291 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Finkbeiner - 1.

      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5291, 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.

THIRD READING


      SUBSTITUTE SENATE BILL NO. 5369, by Senate Committee on Judiciary (originally sponsored by Senators Kline, Long and Costa) (by request of Department of Social and Health Services)

 

Revising provisions for jurisdiction in child support matters.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5369.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5369 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

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

     Absent: Senators Gardner and Hargrove - 2.

      SUBSTITUTE SENATE BILL NO. 5369, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


INTRODUCTION OF SPECIAL GUESTS


      The President welcomed and introduced Women Legislators from Brazil, who are visiting the state of Washington Legislature, under a program designed by the National Conference of State Legislators. These guests, on an exchange between the United States and Brazil, were seated in the gallery.


PERSONAL PRIVILEGE


      Senator Kohl-Welles: “Thank you Mr. President, a point of personal privilege. I appreciate very much your recognizing the delegation from Brazil. They are part of the Legislative Exchange study tour sponsored by the National Conference of State Legislatures. It is funded by the United States State Department. There are two interpreters from the State Department with the delegation and Danielle Rudstein is with NCSL’s international program.

      “I was part of a similar delegation last May that traveled to Brazil with NCSL and meet many of the women legislators who are here today. I would like to invite you all to a brown bag lunch being held in the Cherberg Building, Conference Rooms B and C, between twelve and one. If you would like to have some interactions with the delegation, as well as drop by the Lieutenant Governor’s Office between 1:30 and 2:30 for a reception. Thank you, Mr. President.”

 

MOTION


      On motion of Senator Eide, Senator Haugen was excused.


THIRD READING


      ENGROSSED SENATE BILL NO. 6001, by Senators Carlson and Winsley

 

Inspecting tenant dwelling units for fire code violations.


MOTION


      On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 6001 was returned to second reading and read the second time.


MOTION


      Senator Carlson moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

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

       (1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

       (2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right to search a dwelling unit, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit, shall issue a warrant allowing a search of the dwelling unit.

       Upon written notice of intent to seek a search warrant, when a landlord denies a fire official the right to search the common areas of the rental building other than the dwelling unit, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, shall issue a warrant allowing a search of the common areas in which the violation is alleged.




       The superior court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrants. Evidence obtained pursuant to any such search may be used in a civil or administrative enforcement action.

       (3) As used in this section:

       (a) "Common areas" means a common area or those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building.

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

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

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

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

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

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

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Carlson to Engrossed Senate Bill No. 6001.

      The motion by Senator Carlson carried and the striking amendment was adopted


MOTIONS


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

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

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

      Debate ensued.

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


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 6001 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

     Absent: Senator Gardner - 1.

    Excused: Senator Haugen - 1.

      SECOND ENGROSSED SENATE BILL NO. 6001, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Kastama, Senator Eide was excused.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5433, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Regala, Winsley and Thibaudeau)

 

Providing for establishment of parent and child relationship for children born through alternative reproductive medical technology.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5433.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5433 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Eide - 1.

      SUBSTITUTE SENATE BILL NO. 5433, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.



THIRD READING


      SENATE BILL NO. 5513, by Senators Haugen, Shin, T. Sheldon, Sheahan, Oke and Gardner

 

Compensating highway and ferry workers for motorist assault.


      The bill was read the third time and placed on final passage..

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5513.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5513 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Eide - 1.

      SENATE BILL NO. 5513, 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.

THIRD READING


      ENGROSSED SUBSTITUTE SENATE BILL NO. 5522, by Senate Committee on Human Services and Corrections (originally sponsored by Senators Kastama, Hargrove, Thibaudeau, Winsley, Kohl-Welles, Long, Costa, Snyder, Deccio, Fraser and Rasmussen)

 

Creating an office of mental health ombudsman.


MOTION


      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute Senate Bill No. 5522 was returned to second reading and read the second time.

MOTION


      On motion of Senator Kastama, the following striking amendment by Senators Kastama and Hewitt was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that in order to comply with the community mental health services act, chapter 71.24 RCW, and the medicaid managed care mental health waiver, and to effectively assist persons with mental illness and consumers of mental health services in the assertion of their civil and human rights, and to improve the quality of services available and promote the rehabilitation, recovery, and reintegration of these persons, an independent mental health ombudsman program should be instituted.

       NEW SECTION. Sec. 2. As used in this chapter, "mental health provider or facility" means any of the following:

       (1) An agency, individual, or facility that is part of the community mental health service delivery system, as defined in RCW 71.24.025;

       (2) A long-term care facility, as defined in RCW 43.190.020, in which adults or children with mental illness reside;

       (3) A state hospital, as defined in RCW 72.23.010; and

       (4) A facility or agency that receives funds from the state of Washington to provide residential or treatment services to adults or children with mental illness.

       NEW SECTION. Sec. 3. (1) The department of community, trade, and economic development shall contract with a private nonprofit organization to be the office of mental health ombudsman and to provide mental health ombudsman services as specified under, and consistent with, the medicaid managed care mental health waiver, state law, the goals of the state, and the needs of its citizens. The department of community, trade, and economic development shall ensure that all program and staff support necessary to enable the ombudsman to effectively protect the interests of persons with mental illness is provided by the nonprofit organization that contracts to be the office of mental health ombudsman and to provide independent mental health ombudsman services. The department shall designate the organization to be the office of mental health ombudsman and to provide mental health ombudsman services by a competitive bidding process which shall include direct stakeholder participation in the development of the request for proposal, evaluation of bids, and final selection. The department shall ensure that the designated agency has demonstrated financial stability and meets the qualifications for ombudsman identified in section 4 of this act. The department shall undertake an annual review of the designated agency to ensure compliance with the provisions of the contract. The department shall not redesignate the agency serving as the office of mental health ombudsman except upon a showing of good cause for redesignation, and after notice and opportunity for agency and public comment have been made and there has been an opportunity to appeal the redesignation to the director.

       (2) The department of community, trade, and economic development shall adopt rules to carry out this chapter.

       (3) The office of mental health ombudsman shall have the following powers and duties:

       (a) Provide services for coordinating the activities of mental health ombudsmen throughout the state;

       (b) Carry out such other activities as the department of community, trade, and economic development deems appropriate;

       (c) Establish procedures consistent with section 10 of this act for appropriate access by mental health ombudsmen to mental health providers and facilities and the records of patients, residents, and clients, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;

       (d) Establish a statewide uniform reporting system to collect and analyze data relating to complaints, conditions, and service quality provided by mental health providers and facilities for the purpose of identifying and resolving significant individual problems and analyzing, developing, and advocating remedies in policy, practice, or legislation for systemic problems, with provision for submission of such data to the department of social and health services, the state block grant mental health advisory committee, and to the federal department of health and human services, or its successor agency, on a regular basis. This reporting system must be compatible with uniform child and adult consumer service outcomes, where such outcome measures are established;

       (e) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of a complainant or patient, resident, or client of a mental health provider or facility may not be disclosed by the ombudsman unless:

       (i) The complainant or resident, or the complainant or resident's legal representative, consents in writing to such disclosure; or

       (ii) Such disclosure is required by court order; and

       (f) Establish ombudsman services that are available statewide, and at eastern state and western state hospitals.

       NEW SECTION. Sec. 4. (1) The agency designated by the department of community, trade, and economic development as the office of mental health ombudsman and any mental health ombudsman authorized by this chapter or a local governmental authority must have training or experience in all of the following areas:

       (a) Mental health and other related social services programs;

       (b) The legal system;

       (c) Advocacy and supporting self-advocacy; and

       (d) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.

       (2) A mental health ombudsman or quality review team member must not have been employed by a regional support network or any mental health provider or facility within the past three years, except where prior to the adoption of this chapter he or she has been employed by or volunteered for a regional support network or subcontractor thereof or a state hospital to provide mental health ombudsman services pursuant to the requirements of the federal medicaid managed care mental health waiver. The office of mental health ombudsman shall actively recruit persons who provided ombudsman services through a regional support network or subcontractor thereof or a state hospital.

       (3) No mental health ombudsman or any member of his or her immediate family may have, or have had within the past three years, any pecuniary interest in the provision of mental health services.

       (4) The office of mental health ombudsman shall maintain a toll-free telephone number.

       (5) Mental health ombudsmen shall assist and advocate on behalf of patients, residents, and clients of mental health providers and facilities and shall attempt to resolve complaints informally, using complaint and grievance processes and, if applicable, the fair hearing process. Mental health ombudsmen shall attempt to resolve all disputes at the lowest possible level.

       (6) The office of mental health ombudsman shall ensure that there are quality review teams established to evaluate quality and consumer satisfaction and provide recommendations for service improvements, as required by the medicaid managed care waiver. Quality review teams shall define, establish, and measure systemic consumer outcomes and report on systemic causes of consumer access barrier service problems.

       (7) Where consented to by the patient, resident, or client, ombudsmen shall involve family members and friends in the process of resolving complaints.

       (8) The office of mental health ombudsman shall support mental health service recipient participation in treatment planning and delivery, both on an individual basis and systemwide, and shall actively recruit and support the participation of consumers, parents, and guardians of minor children recipients, and family members of adult service recipients as mental health ombudsmen and quality review team members.

       NEW SECTION. Sec. 5. (1) The office of mental health ombudsman shall provide information relevant to the quality of mental health services, and recommendations for improvements in the quality of mental health services, to regional support networks and the mental health division.

       (2) The mental health division and the regional support networks shall work in cooperation with the office of mental health ombudsman to develop agreements regarding how this quality information will be incorporated into their quality management system. These agreements must ensure that information related to complaints and grievances conforms to a standardized form.

       (3) The office of mental health ombudsman shall ensure that its reports and recommendations are broadly distributed and shall report annually regarding its activities, findings, and recommendations to at least the following: The mental health division, the mental health advisory board, the state long-term care ombudsman, the state family and children's ombudsman, the state designated protection and advocacy system, the department of community, trade, and economic development, regional support networks, and mental health advocacy groups.

       (4) Regional support networks and the mental health division shall promptly provide the office of mental health ombudsman with demographic information they possess regarding the diversity of individuals applying for, receiving, and denied services in each region, service utilization information, contract and subcontract requirements, the results of all audits and reviews conducted by the regional support networks or the mental health division, and such other information collected or produced by the regional support networks or the mental health division as may be necessary for mental health ombudsman and quality review team members in the performance of their duties.

       (5) Regional support networks and the mental health division shall assist mental health ombudsman and quality review team members in obtaining entry and meaningful access to mental health providers and facilities, cooperation from their staff, and access to patients and clients.

       (6) Each regional support network and state hospital shall designate at least one liaison to the office of mental health ombudsman who shall be responsible for ensuring that mental health ombudsman and quality review team members are actively included in quality management planning and assessment, for providing assistance in resolving issues regarding access to information and patients or clients, and for resolving individual and systemic issues where requested by the mental health ombudsman or quality review team.

       (7) Regional support networks, state hospitals, and their subcontractors shall respond in writing to all recommendations regarding quality improvement made by mental health ombudsmen and quality review teams within thirty days of issuance, and shall identify what action will be taken in response, and if no action or action other than that which is recommended by the mental health ombudsman or quality review team is taken, the reasons for the variance must be explained in writing.

       NEW SECTION. Sec. 6. The office of mental health ombudsman shall provide the legislature with an annual report that includes:

       (1) An identification of the demographic status of those served by the mental health ombudsman;

       (2) A description of the issues addressed, and a brief description of case scenarios in a form that does not compromise confidentiality;

       (3) An accounting of the monitoring activities of the ombudsman;

       (4) An identification of the results of measurements of consumer satisfaction and other outcome measures;

       (5) An identification of the numbers of volunteers used and in what capacity;

       (6) An identification of deficiencies in the service system and recommendations for remedial action;

       (7) Recommendations for regulatory action by agencies that would improve the quality of service to individuals with mental illness; and

       (8) Recommendations for legislative action that would result in improved services to individuals with mental illness.

       NEW SECTION. Sec. 7. Every mental health provider and facility shall post in a conspicuous location a notice providing the office of mental health ombudsman's toll-free number, and the name, address, and phone number of the office of the appropriate local mental health ombudsman and quality review team and a brief description of the services provided. The form of the notice must be approved by the office of mental health ombudsman. This information must also be distributed to the patients, residents, and clients, and their family members and legal guardians, upon application for mental health provider services, and upon admission to a mental health facility.

       NEW SECTION. Sec. 8. The office of mental health ombudsman shall:

       (1) Identify, investigate, and resolve complaints made by or on behalf of patients, residents, clients of mental health providers and facilities, and individuals denied services relating to administrative action, inaction, or decisions, that may adversely affect the rehabilitation, recovery, reintegration, health, safety, welfare, and rights of these individuals;

       (2) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to mental health service provision in this state;

       (3) Provide information as appropriate to patients, residents, clients, individuals denied services, family members, guardians, resident representatives, employees of mental health providers and facilities, and others regarding the rights of residents, and to public agencies regarding the quality of service, complaints, and problems of individuals receiving or denied services from mental health providers and facilities; and

       (4) Provide for the training and certification of paid and volunteer mental health ombudsmen. Paid mental health ombudsmen shall recruit, supervise, and provide ongoing training of certified volunteer mental health ombudsmen. Volunteers may be recruited to otherwise assist with mental health ombudsman and quality review team services.

       (5) A trained and certified mental health ombudsman, in accordance with the policies and procedures established by the office of mental health ombudsman, shall inform residents, their representatives, and others about the rights of residents, and may identify, investigate, and resolve complaints and monitor the quality of services provided to patients, residents, and clients of mental health providers and facilities.


       NEW SECTION. Sec. 9. (1) The office of mental health ombudsman shall develop referral procedures for all mental health ombudsmen to refer any complaint to an appropriate state or local government agency. The department of social and health services shall act as quickly as possible on any complaint referred to them by a mental health ombudsman.

       (2) The department of social and health services shall respond to any complaint against a mental health provider or facility that was referred to it by a mental health ombudsman and shall forward to that ombudsman a summary of the results of the investigation and action proposed or taken.

       (3) The office of mental health ombudsman, and all local mental health ombudsmen and related volunteers, shall work in cooperation with the state designated protection and advocacy agency, the long-term care ombudsman, and the children and family ombudsman. The office of mental health ombudsman shall develop and implement a working agreement with the protection and advocacy agency, the long-term care ombudsman, and the children and family ombudsman, to ensure efficient, coordinated service.

       (4) The office of mental health ombudsman shall develop working agreements with each regional support network, the state psychiatric hospitals, the mental health division, and such other entities as necessary to accomplish the goals of the program.

       NEW SECTION. Sec. 10. (1) The office of mental health ombudsman shall develop procedures governing the right of entry of all mental health ombudsmen to mental health providers and facilities, jails, and correctional facilities.

       (2) Mental health ombudsmen and quality review team members shall have access to patients, residents, and clients of mental health providers and facilities, other entities providing inpatient or outpatient social services, and jails, with provisions made for privacy, for the purpose of hearing, investigating, and resolving complaints and monitoring the quality of services, at any time deemed necessary and reasonable by the office of mental health ombudsman to effectively carry out the provisions of this chapter. Ombudsmen and quality review team members who have passed criminal background checks must have access to inmates at correctional facilities with reasonable notice to the department of corrections, with provisions made for privacy, for the purpose of hearing, investigating, and resolving complaints and monitoring the quality of services, at any time deemed necessary and reasonable by the office of mental health ombudsman to effectively carry out the provisions of this chapter.

       (3) Nothing in this chapter restricts, limits, or increases any existing right of an organization or individual not described in subsections (1) and (2) of this section to enter or provide assistance to patients, residents, or clients of mental health providers or facilities.

       (4) Nothing in this chapter restricts any right or privilege of a patient, resident, or client of a mental health provider or facility to receive visitors of his or her choice.

       NEW SECTION. Sec. 11. (1) No mental health ombudsman, volunteer, or quality review team member is liable for good faith performance of responsibilities under this chapter.

       (2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of a mental health provider or facility, or a patient, resident, or client of a mental health provider or facility, or a volunteer, for any communication made, or information given or disclosed, to aid the mental health ombudsman or quality review team in carrying out duties and responsibilities under this chapter, unless the same was done maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

       (3) All communications by a mental health ombudsman or quality review team member, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged, and that privilege shall serve as a defense to any action in libel or slander.

       (4) A representative of the office of mental health ombudsman is exempt from being required to testify in court as to any confidential matters except as the court may deem necessary to enforce this chapter.

       NEW SECTION. Sec. 12. All records and files of mental health ombudsmen relating to any complaint or investigation made pursuant to carrying out their duties and the identities of complainants, witnesses, patients, or residents shall remain confidential unless disclosure is authorized by the client or his or her guardian or legal representative. No disclosures may be made outside the office without the consent of any named witnesses, resident, patient, client, or complainant unless the disclosure is made without the identity of any of these individuals being disclosed.

       NEW SECTION. Sec. 13. (1) It is the intent of the legislature that the state mental health ombudsman program make reasonable efforts to maintain and improve the current level and quality of care, taking into account the transition period from the current system of ombudsman programs and quality review teams within the regional support networks and state hospitals.

       (2) It is the intent of the legislature that federal medicaid requirements be complied with and the department of community, trade, and economic development expend no more than the amount currently expended on mental health ombudsman services and quality review team services by regional support networks and state hospitals and their subcontractors, including related administrative costs, pursuant to contracts with the department of social and health services, to establish the mental health ombudsman program established by this chapter, and the amount annually expended by the mental health division in staff support, monitoring, oversight, and subcontracted training and consultation for community mental health ombudsman and quality review team services and state hospital mental health patient advocate or ombudsman services, except to the extent that additional funds are appropriated by the legislature, for the first two years after the enactment of this act.

       NEW SECTION. Sec. 14. 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.

       NEW SECTION. Sec. 15. This act takes effect July 1, 2003.

       NEW SECTION. Sec. 16. Sections 1 through 15 of this act constitute a new chapter in Title 71 RCW."


MOTIONS


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

       On page 1, line 1 of the title, after "ombudsman;" strike the remainder of the title and insert "adding a new chapter to Title 71 RCW; and providing an effective date."

      On motion of Senator Kastama, the rules were suspended, Second Engrossed Substitute Senate Bill No. 5522 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Engrossed Substitute Senate Bill No. 5522.


ROLL CALL


      The Secretary called the roll on the final passage of Second Engrossed Substitute Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

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

     Voting nay: Senator Honeyford - 1.

     Absent: Senator Stevens - 1.

      SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5522, 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.






THIRD READING


      SENATE BILL NO. 5546, by Senators McAuliffe, Finkbeiner, Rasmussen, B. Sheldon, Fairley, Johnson, Hewitt, Eide and Kohl-Welles (by request of State Board of Education)

 

Reclassifying the state board of education as a class four group.


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5546.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5546 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

     Voting nay: Senators Honeyford and Roach - 2.

      SENATE BILL NO. 5546, 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.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5571, by Senate Committee on Transportation (originally sponsored by Senators Sheahan, Rasmussen, Hochstatter, T. Sheldon, Hewitt, Rossi, Honeyford, Parlette, Stevens and Roach)

 

Authorizing Future Farmers of America license plates.


MOTION


      On motion of Senator Sheahan, the rules were suspended, Substitute Senate Bill No. 5571 was returned to second reading and read the second time.


MOTION


      On motion of Senator Sheahan, the following striking amendment by Senator Haugen was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 46.16 RCW to read as follows:

       The department, the Washington state patrol, and the Washington state association of Future Farmers of America shall jointly create and design, and the department shall issue a special Future Farmers of America license plate that may be used in lieu of regular or personalized license plates for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will observe the importance of farming to Washington state and help fund programs and scholarships within the Washington state association of Future Farmers of America and its chapters. The Washington state association of Future Farmers of America may hold a contest among its membership to select the initial design.

       NEW SECTION. Sec. 2. A new section is added to chapter 46.16 RCW to read as follows:

       The Washington state association of Future Farmers of America license plate fees account is created in the state treasury. All receipts from Washington state association of Future Farmers of America license plate fees, less the administration and collection costs incurred by the department under RCW 46.16.313 (6) and (7), must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for programs and scholarships within the Washington state association of Future Farmers of America and its chapters.

       NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:

       (1) On an annual basis, the Washington state association of Future Farmers of America shall select programs and scholarships to be funded from the Washington state association of Future Farmers of America license plate fees account proceeds. In selecting programs and scholarship recipients, the Washington state association of Future Farmers of America shall attempt to assure a geographical balance throughout the state and its chapters.

       (2) The Washington state association of Future Farmers of America may adopt rules necessary to implement this section. Adoption of rules does not make the organization a state agency under chapter 34.05 RCW.

       Sec. 4. RCW 46.16.313 and 1997 c 291 s 8 are each amended to read as follows:

       (1) The department may establish a fee for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. ((Until December 31, 1997, the fee shall not exceed thirty-five dollars, but effective with vehicle registrations due or to become due on January 1, 1998,)) The department may adjust the fee to no more than forty dollars. This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

       (2) ((Until December 31, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

       (3) Effective with vehicle registrations due or to become due on January 1, 1998,)) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.




       (((4) Effective with annual renewals due or to become due on January 1, 1999,)) (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

 

       (((5))) (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

       (((6) Effective with annual renewals due or to become due on January 1, 1999,)) (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.

       (6) Effective with vehicle registrations due or to become due on January 1, 2003, in addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a Washington state association of Future Farmers of America license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the Washington state association of Future Farmers of America license plate fees account under section 2 of this act.

       (7) Effective with annual renewals due or to become due on January 1, 2004, in addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a Washington state association of Future Farmers of America license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The department shall remit the remaining proceeds to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the Washington state association of Future Farmers of America license plate fees account.

       Sec. 5. RCW 46.16.233 and 2000 c 37 s 1 are each amended to read as follows:

       Except for those license plates issued under RCW 46.16.305(1) before January 1, 1987, under RCW 46.16.305(3), under section 1 of this act, and to commercial vehicles with a gross weight in excess of twenty-six thousand pounds, effective with vehicle registrations due or to become due on January 1, 2001, all vehicle license plates must be issued on a standard background, as designated by the department. Additionally, to ensure maximum legibility and reflectivity, the department shall periodically provide for the replacement of license plates, except for commercial vehicles with a gross weight in excess of twenty-six thousand pounds. Frequency of replacement shall be established in accordance with empirical studies documenting the longevity of the reflective materials used to make license plates.

       Sec. 6. RCW 46.16.290 and 1997 c 291 s 4 are each amended to read as follows:

       In any case of a valid sale or transfer of the ownership of any vehicle, the right to the certificates properly transferable therewith, except as provided in RCW 46.16.280, and to the vehicle license plates passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle license plates to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or transferee. If the sale or transfer is of a vehicle licensed by the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or, if the vehicle is licensed with personalized plates, amateur radio operator plates, medal of honor plates, disabled person plates, disabled veteran plates, prisoner of war plates, Washington state association of Future Farmers of America plates, or other special license plates issued under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, the vehicle license plates therefor shall be retained and may be displayed upon a vehicle obtained in replacement of the vehicle so sold or transferred."


MOTIONS


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

       On line 1 of the title, after "plates;" strike the remainder of the title and insert "amending RCW 46.16.313, 46.16.233, and 46.16.290; and adding new sections to chapter 46.16 RCW."

      On motion of Senator Sheahan, the rules were suspended, Engrossed Substitute Senate Bill No. 5571 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Brown: “Senator Sheahan, what ever happened to the Future Homemaker’s of America. I want to know if they are going to get their license plate as well?”

      Senator Sheahan: “Thank you, Senator Brown. I would entertain an amendment to the bill, if you are interested.”

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5571.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5571 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

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

     Voting nay: Senator Regala - 1.

     Absent: Senators Benton and Johnson - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5571, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Hewitt, Senator Johnson was excused


THIRD READING


      SENATE BILL NO. 5591, by Senators Zarelli, Kline, Costa, McCaslin and Kohl-Welles

 

Providing a sole caregiver jury duty exemption.


      The bill was read the third time and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5591.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5591 and the bill passd the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

     Excused: Senator Johnson - 1.

      SENATE BILL NO. 5591, 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.


THIRD READING


      SENATE BILL NO. 5594, by Senators Gardner, Winsley, Prentice and Honeyford

 

Consolidating housing authorities


      The bill was read the third time and placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5594.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5594 and the bill passed the Senate by the following vote:

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

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

     Excused: Senator Johnson - 1.

      SENATE BILL NO. 5594, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 11:46 a.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Thursday, January 31, 2002.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate