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THIRTY-FOURTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Saturday, February 16, 2002

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 Finkbeiner, Haugen, McDonald and Rasmussen. On motion of Senator Honeyford, Senator Finkbeiner was excused.

The Sergeant at Arms Color Guard, consisting of Pages Stephanie Black and Hannah Hunter, presented the Colors. David Buri, Legislative Assistant to Senator Larry Sheahan, offered the prayer.

MOTION

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

MESSAGE FROM STATE OFFICE

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

February 13, 2002

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. Cook:

Enclosed is the Department's Report to the Legislature entitled "Foster Parent Retention and Stability of Foster Placements." It is mandated under Chapter 7, Laws of 2001, E2, Section 202 (6).

Please call Bob Partlow at (360) 902-8063 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

The Department of Social and Health Services Report on "Foster Parent Retention and Stability of Foster Placements" is on file in the Office of the Secretary of the Senate.

MESSAGES FROM THE HOUSE

February 14, 2002

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1279,

HOUSE BILL NO. 1460,

THIRD SUBSTITUTE HOUSE BILL NO. 1517,

SUBSTITUTE HOUSE BILL NO. 1640,

SECOND SUBSTITUTE HOUSE BILL NO. 2311,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2325,

ENGROSSED HOUSE BILL NO. 2328,

HOUSE BILL NO. 2336,

SUBSTITUTE HOUSE BILL NO. 2355,

HOUSE BILL NO. 2365,

HOUSE BILL NO. 2425,

HOUSE BILL NO. 2496,

ENGROSSED HOUSE BILL NO. 2498,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2565,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2574,

SECOND SUBSTITUTE HOUSE BILL NO. 2663,

HOUSE JOINT RESOLUTION NO. 4220, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

February 14, 2002

MR. PRESIDENT:

The House has passed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1663,

SUBSTITUTE HOUSE BILL NO. 2296,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2356,

HOUSE BILL NO. 2362,

SUBSTITUTE HOUSE BILL NO. 2379,

SUBSTITUTE HOUSE BILL NO. 2382,

HOUSE BILL NO. 2407,

SUBSTITUTE HOUSE BILL NO. 2412,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2427,

HOUSE BILL NO. 2448,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2453,

SUBSTITUTE HOUSE BILL NO. 2468,

HOUSE BILL NO. 2471,

HOUSE BILL NO. 2501,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2506,

SUBSTITUTE HOUSE BILL NO. 2536,

SUBSTITUTE HOUSE BILL NO. 2541,

HOUSE BILL NO. 2584,

SUBSTITUTE HOUSE BILL NO. 2637,

HOUSE BILL NO. 2641,

ENGROSSED HOUSE BILL NO. 2655,

HOUSE BILL NO. 2672,

SUBSTITUTE HOUSE BILL NO. 2702,

HOUSE BILL NO. 2715,

HOUSE BILL NO. 2716,

HOUSE BILL NO. 2748,

SUBSTITUTE HOUSE BILL NO. 2758,

HOUSE BILL NO. 2772,

ENGROSSED HOUSE BILL NO. 2773,

SUBSTITUTE HOUSE BILL NO. 2807,

HOUSE BILL NO. 2824,

SUBSTITUTE HOUSE BILL NO. 2834,

SUBSTITUTE HOUSE BILL NO. 2874,

SUBSTITUTE HOUSE BILL NO. 2895,

HOUSE BILL NO. 2907, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

February 14, 2002

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 2550,

HOUSE BILL NO. 2551,

HOUSE BILL NO. 2564,

SUBSTITUTE HOUSE BILL NO. 2577,

HOUSE BILL NO. 2588,

SUBSTITUTE HOUSE BILL NO. 2592,

HOUSE BILL NO. 2613,

HOUSE BILL NO. 2642,

HOUSE BILL NO. 2669,

SUBSTITUTE HOUSE BILL NO. 2673,

SUBSTITUTE HOUSE BILL NO. 2753,

SUBSTITUTE HOUSE BILL NO. 2765,

SUBSTITUTE HOUSE BILL NO. 2767,

HOUSE BILL NO. 2809,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2829,

HOUSE BILL NO. 2838,

HOUSE BILL NO. 2892,

HOUSE JOINT MEMORIAL NO. 4018, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

February 14, 2002

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2829, and the same is herewith transmitted.

CYNTHIA ZEHNDER, Chief Clerk

INTRODUCTION AND FIRST READING

SB 6816 by Senators T. Sheldon and Hale

AN ACT Relating to implementing the environmental, regulatory, and land use recommendations of the Washington competitiveness council; and creating new sections.

Referred to Committee on State and Local Government.

SJR 8227 by Senators Honeyford and McCaslin

Providing guidelines for investigations by the commission on judicial conduct.

Referred to Committee on Judiciary.

SCR 8432 by Senators Honeyford and McCaslin

Creating a joint select committee on judicial conduct.

Referred to Committee on Judiciary.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HB 1279 by Representatives Simpson, Cairnes, Santos, Kenney and McIntire

Recognizing a state day of peace.

Referred to Committee on State and Local Government.

HB 1460 by Representatives Lovick, Jarrett, Hurst, Jackley, Cooper, Fisher, Edmonds, Morell, Ahern, Ogden, Simpson, O’Brien, Darneille, Kagi and Ruderman

Enforcing seat belt laws as a primary action.

Referred to Committee on Transportation.

3SHB 1517 by House Committee on Appropriations (originally sponsored by Representatives Miloscia, Anderson, Dunshee, Jarrett, Hunt, Keiser, Lambert, Ruderman, Rockefeller, Fromhold, Schindler, Boldt, Kenney, Simpson, Barlean, Tokuda and Dickerson)

Establishing quality management programs.

Referred to Committee on State and Local Government.

SHB 1640 by House Committee on State Government (originally sponsored by Representatives Miloscia, Dunn, Casada, Conway and Santos)

Providing for expanded employment opportunities for people with disabilities.

Referred to Committee on Labor, Commerce and Financial Institutions.

ESHB 1663 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives McDermott, O'Brien, Darneille, Ruderman, Murray, Schual-Berke, Romero, Conway, Poulsen and Santos) (by request of Governor Locke)

Authorizing an exceptional sentence when a crime is motivated by hate.

Referred to Committee on Judiciary.

SHB 2296 by House Committee on Finance (originally sponsored by Representatives Eickmeyer, Lantz, Miloscia, Kessler, Rockefeller and Haigh)

Modifying the definition of "eligible area" for distressed area designation.

Referred to Committee on Economic Development and Telecommunications.

2SHB 2311 by House Committee on Appropriations (originally sponsored by Representatives Doumit, Sump, Jackley, Rockefeller, Kessler, Eickmeyer, Hatfield, Delvin, Buck, Linville, Upthegrove, Ericksen and Cairnes)

Changing provisions relating to small forest landowners.

Referred to Committee on Natural Resources, Parks and Shorelines.

ESHB 2325 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Wood, Schoesler, Gombosky, Kessler, Linville, Kagi and Esser)

Providing for donation and distribution of food.

Referred to Committee on Agriculture and International Trade.

EHB 2328 by Representatives Romero, Dunshee, Miloscia, Ogden and Edwards

Limiting restrictions on residential day-care facilities.

Referred to Committee on State and Local Government.

HB 2336 by Representatives McMorris, Rockefeller, Romero and Schmidt (by request of Secretary of State Reed)

Modifying the administration of elections.

Referred to Committee on State and Local Government.

SHB 2355 by House Committee on Commerce and Labor (originally sponsored by Representatives Kagi, Conway, Clements, Dickerson, McIntire and Wood)

Modifying unemployment compensation payable to individuals who took family and medical leave.

Referred to Committee on Labor, Commerce and Financial Institutions.

ESHB 2356 by House Committee on Children and Family Services (originally sponsored by Representatives Kagi, McIntire, Santos, Dickerson, Tokuda, Darneille, Clements, Schual-Berke and Wood)

Creating a working group and pilot project to address school age children who enter short-term foster care.

Referred to Committee on Human Services and Corrections.

HB 2362 by Representatives Hatfield, Hankins, Cooper and Anderson (by request of Department of Licensing)

Adjusting the motorcycle skills course fee.

Referred to Committee on Transportation.

HB 2365 by Representatives Cooper, Benson, Bush, Anderson, Mulliken, Delvin, Alexander, Talcott, Esser and Pearson (by request of State Treasurer Murphy and Superintendent of Public Instruction Bergeson)

Increasing the size of the state investment board.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 2379 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Dickerson, O'Brien, Tokuda, Veloria, Darneille, Chase, Kirby and Lovick)

Making it a crime to leave a child with a sex offender.

Referred to Committee on Judiciary.

SHB 2382 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Dickerson, O'Brien, Kagi, Darneille and Chase)

Revising provisions relating to criminal mistreatment.

Referred to Committee on Judiciary.

HB 2407 by Representatives Ballasiotes, O'Brien, Lovick, Hurst, Woods, Kagi and Haigh

Establishing the authority to create and operate regional jails.

Referred to Committee on Judiciary.

SHB 2412 by House Committee on Natural Resources (originally sponsored by Representatives Fromhold, Lisk, Doumit, Chandler, Grant, Hankins, Hatfield and Delvin)

Determining ballast water treatment methods for the Columbia river system.

Referred to Committee on Natural Resources, Parks and Shorelines.

HB 2425 by Representatives Doumit, Dunn, Hatfield, Veloria, Conway, Ogden, Rockefeller, Linville, Lantz, Kagi, McIntire, Haigh, Wood, Kessler, Kenney, Simpson, Jackley and Fromhold (by request of Governor Locke)

Funding the community economic revitalization board.

Referred to Committee on Economic Development and Telecommunications.

E2SHB 2427 by House Committee on Appropriations (originally sponsored by Representatives Conway, O'Brien, Cody, Dickerson, Ogden, Cooper, Berkey, Reardon, Veloria, Hurst, Hunt, Kirby, Upthegrove, Romero, Kagi, McIntire, Haigh, Wood, Kenney, Simpson and Sullivan) (by request of Department of Labor and Industries)

Establishing occupational safety and health impact grants.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 2448 by Representatives Quall, Talcott, Haigh and Cox

Authorizing access to school meal programs and kitchen facilities.

Referred to Committee on Education.

ESHB 2453 by House Committee on State Government (originally sponsored by Representatives Bush, Haigh, Schmidt, Simpson, Conway, Reardon, Mielke, Wood, Talcott, Miloscia, Cairnes, McIntire, Campbell, Orcutt, Pflug, Cooper, Nixon, Jackley, Ahern, Rockefeller, Van Luven, Esser, Ogden and Woods)

Protecting veterans' records.

Referred to Committee on State and Local Government.

SHB 2468 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Miloscia, O'Brien and Wood) (by request of Governor Locke)

Facilitating the convicted offender DNA data base.

Referred to Committee on Human Services and Corrections.

HB 2471 by Representatives Esser, Lantz and Casada (by request of Administrator for the Courts)

Changing the methodology of determining the number of district court judges.

Referred to Committee on Judiciary.

HB 2496 by Representatives Dunshee and Mulliken

Modifying fire protection district tax provisions.

Referred to Committee on State and Local Government.

EHB 2498 by Representatives Fromhold, Dunn, Jarrett, Ogden, Lovick, Dunshee, Schmidt, Conway, Linville, Miloscia and Anderson

Establishing a pilot program authorizing designation of industrial land banks outside urban growth areas under certain circumstances.

Referred to Committee on State and Local Government.

HB 2501 by Representatives Campbell, Cody, Ruderman, Linville, Armstrong, Conway, Darneille, Bush, Kirby, Miloscia, Simpson, Dunn and Casada

Modifying provisions concerning chiropractics.

Referred to Committee on Health and Long-Term Care.

ESHB 2506 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Romero, Linville, Fisher, Jarrett, Cody, Dickerson, Veloria, Barlean, Simpson, Rockefeller, Dunshee, Hunt, Cairnes, Schmidt, Edwards, Upthegrove, Miloscia, Anderson and Wood)

Creating a joint task force on green building.

Referred to Committee on Environment, Energy and Water.

SHB 2536 by House Committee on Appropriations (originally sponsored by Representatives Fromhold, Cox, Schual-Berke, Talcott, Conway, Doumit, Grant, Cody, Benson, McDermott, Delvin, Sullivan, Armstrong, Eickmeyer, Miloscia, Roach, Casada, Mielke, Morell, Boldt, Barlean, Chase, Rockefeller, Ogden, Lantz, Edwards, Simpson, Kessler, Haigh, Pearson, Dunn, Quall, Veloria, Kagi, McIntire, Wood, Santos and Linville)

Offering health care benefit plans to school district employees.

Referred to Committee on Health and Long-Term Care.

SHB 2541 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Hurst, Jarrett, Ballasiotes, O'Brien, Dickerson, Edwards, Miloscia, Morell, Rockefeller, Haigh and Linville)

Expanding authority for interlocal agreements for jail services.

Referred to Committee on Judiciary.

HB 2550 by Representatives McIntire, Benson, Santos and Kenney (by request of Insurance Commissioner Kreidler)

Applying for a license or solicitation permit from the insurance commissioner.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 2551 by Representatives Romero, Schmidt, Miloscia and Haigh

Authorizing additional school district capital demonstration projects.

Referred to Committee on State and Local Government.

HB 2564 by Representatives Holmquist, Mulliken, Dunshee, Edwards, DeBolt, Sullivan, Mielke, Hatfield, Schindler, Berkey, Dunn, Crouse, Kirby, Boldt and Benson

Changing references in annexation procedures from "qualified electors" to "registered voters".

Referred to Committee on State and Local Government.

ESHB 2565 by House Committee on Judiciary (originally sponsored by Representatives Fromhold, Benson, Miloscia, Quall, Carrell, Eickmeyer, Morell, Barlean, Chase, Rockefeller, Lantz, Simpson, Kessler and Haigh)

Requiring an opportunity for a cure before an action on a construction defect may be filed.

Referred to Committee on Labor, Commerce and Financial Institutions.

ESHB 2574 by House Committee on Children and Family Services (originally sponsored by Representatives Ogden, Dunn, Tokuda, Hankins, O'Brien, Jarrett, Fromhold, Santos, Schual-Berke and Kenney)

Establishing demonstration sites for a statewide children's system of care.

Referred to Committee on Human Services and Corrections.

SHB 2577 by House Committee on Education (originally sponsored by Representatives Talcott, Haigh, Cox, Schindler, Pearson, Anderson, Carrell, Schmidt, Nixon, Morell, Casada, Esser, Benson, Holmquist, Miloscia, Mitchell, Mulliken, Quall, Woods, Campbell, Ogden and Upthegrove)

Encouraging locally developed and implemented character education programs.

Referred to Committee on Education.

HB 2584 by Representatives Reardon, Crouse, Morris, Delvin, Ruderman, Anderson, Berkey, Linville, Schindler and Esser

Exempting land leases for personal wireless communication facilities from the subdivision act.

Referred to Committee on Economic Development and Telecommunications.

HB 2588 by Representatives Skinner and Cody

Modifying the information required on a prescription label.

Referred to Committee on Health and Long-Term Care.

SHB 2592 by House Committee on Trade and Economic Development (originally sponsored by Representatives Gombosky, Ahern, Eickmeyer, Clements, Grant, Dunn, Fromhold, Mulliken, Wood, Ogden, Linville, Hatfield and Conway)

Modifying community revitalization financing.

Referred to Committee on Economic Development and Telecommunications.

HB 2613 by Representatives Darneille and Cody (by request of Department of Health)

Repealing state regulation of eye banks.

Referred to Committee on Health and Long-Term Care.

SHB 2637 by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Morris, Hatfield, Kessler, Anderson, Veloria, Linville, Haigh, Conway, Hunt, Schual-Berke, Wood, Simpson, Rockefeller, Jackley, Kagi and Ogden)

Creating the joint task force on long-term energy supply.

Referred to Committee on Environment, Energy and Water.

HB 2641 by Representatives Gombosky, Cairnes, Kessler, Morris, Berkey, Edwards, Kenney, Linville, Ogden and Conway (by request of Governor Locke)

Implementing the recommendations of the investment income tax deduction task force for the business and occupation tax.

Referred to Committee on Ways and Means.

HB 2642 by Representatives Hurst and Haigh

Requiring volunteer fire fighters to notify their employers of their volunteer service.

Referred to Committee on Labor, Commerce and Financial Institutions.

EHB 2655 by Representatives Schual-Berke, Esser, Lantz, Chase, Lysen, Nixon and Rockefeller (by request of Office of Community Development)

Waiving filing fees and costs for certain protection orders.

Referred to Committee on Judiciary.

2SHB 2663 by House Committee on Appropriations (originally sponsored by Representatives Conway, Clements, Cooper, Reardon, Sullivan, Delvin, Simpson, Armstrong, Hankins, Benson, Cairnes, Lysen, Kirby, Edwards, Chase, Kenney, Campbell, Barlean, Santos, Talcott, Wood and Rockefeller)

Changing conditions that are presumed to be occupational diseases of fire fighters.

Referred to Committee on Labor, Commerce and Financial Institutions.

HB 2669 by Representatives Linville, Schoesler, Hunt, Chase and Wood

Including animal waste as a qualified alternative energy resource.

Referred to Committee on Environment, Energy and Water.

HB 2672 by Representatives Kirby, O'Brien, Ballasiotes, Morell, Darneille, Lovick and Kagi

Limiting the liability of providers of treatment to high risk offenders.

Referred to Committee on Judiciary.

SHB 2673 by House Committee on Transportation (originally sponsored by Representatives Cooper, Morell, Simpson, Chase, Ogden, Wood and McDermott)

Regulating fire truck weight.

Referred to Committee on Transportation.

SHB 2702 by House Committee on Judiciary (originally sponsored by Representatives Carrell, Lantz and Boldt)

Changing provisions relating to the enforcement of judgments.

Referred to Committee on Judiciary.

HB 2715 by Representatives Murray and Esser

Revising state convention and trade center marketing provisions.

Referred to Committee on State and Local Government.

HB 2716 by Representatives Roach, Upthegrove, Romero, Morell, Mulliken, Woods and Pflug

Requiring cost and benefit assessments early in the rule-making process.

Referred to Committee on State and Local Government.

EHB 2748 by Representatives Schual-Berke and Anderson

Requiring monitoring of programs for the education of highly capable students.

Referred to Committee on Education.

SHB 2753 by House Committee on Transportation (originally sponsored by Representatives Hatfield, Hankins, Schindler, Cooper, Rockefeller and Edwards)

Modifying department of licensing agent and subagent provisions.

Referred to Committee on Transportation.

SHB 2758 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Quall, Linville and Hunt)

Establishing the agricultural conservation easements program.

Referred to Committee on Agriculture and International Trade.

SHB 2765 by House Committee on Natural Resources (originally sponsored by Representatives Orcutt, Fromhold, Morell and McDermott)

Concerning the timber and forest lands compensating tax.

Referred to Committee on Natural Resources, Parks and Shorelines.

SHB 2767 by House Committee on Children and Family Services (originally sponsored by Representatives Orcutt, Tokuda, Darneille, Chase, Mielke and Boldt)

Prohibiting use of public assistance electronic benefit cards for specified purposes.

Referred to Committee on Human Services and Corrections.

HB 2772 by Representatives Clements, Armstrong, Linville, Grant and Boldt

Disclosing information about crop insurance.

Referred to Committee on Agriculture and International Trade.

EHB 2773 by Representatives Clements, Linville, Chandler and Grant

Revising standards for apple grades and requiring reports on the consignment sales of apples under the new standards.

Referred to Committee on Agriculture and International Trade.

SHB 2807 by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Fromhold and Rockefeller) (by request of Governor Locke)

Creating the Washington promise scholarship.

Referred to Committee on Higher Education.

HB 2809 by Representatives Doumit, Chandler, Linville, Schoesler, Eickmeyer and Pearson

Concerning the application of pesticides in a forest environment.

Referred to Committee on Agriculture and International Trade.

HB 2824 by Representatives Skinner, Edwards and Chase

Revising conflict of interest provisions for the long-term care ombudsman program.

Referred to Committee on Health and Long-Term Care.

ESHB 2829 by House Committee on Juvenile Justice and Family Law (originally sponsored by Representatives Mielke, Murray, Haigh, Mitchell, Boldt, Dunn, Schindler, Woods and Doumit)

Changing provisions relating to revocation of juvenile driving privileges.

Referred to Committee on Judiciary.

SHB 2834 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Campbell, Cody, Darneille, Conway, Edwards, Chase, Hunt and Pflug)

Requiring a medication or treatment order as a condition for children with life-threatening conditions to attend public school.

Referred to Committee on Education.

HB 2838 by Representatives Hunt, Schmidt, Simpson, Schual-Berke, Morris, Lovick, Sullivan, Anderson, Esser, Conway, Tokuda, Kirby and Berkey

Prohibiting professional football blackouts.

Referred to Committee on Labor, Commerce and Financial Institutions.

SHB 2874 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler and Grant)

Authorizing the department of ecology to enter into agreements to allocate Columbia basin project waters.

Referred to Committee on Environment, Energy and Water.

HB 2892 by Representatives Clements, Linville, Grant, Lisk, Armstrong, Mulliken, Chandler, Holmquist, Schoesler, Hatfield and Ogden

Selling apples for fresh consumption.

Referred to Committee on Agriculture and International Trade.

SHB 2895 by House Committee on Appropriations (originally sponsored by Representatives Kessler, Chase and Ogden)

Allowing port employees to join more than one retirement plan subject to a labor agreement.

Referred to Committee on Ways and Means.

HB 2907 by Representatives Schoesler, Romero, Alexander, Murray, Ogden, Mitchell and Nixon

Encouraging fund-raising activities on behalf of the state legislative building.

Referred to Committee on State and Local Government.

HJM 4018 by Representatives Veloria, Morell, Grant, Mastin, Chase, Clements, Hunt, Santos, Schoesler and Haigh

Petitioning to end restrictions on trade with Cuba.

Referred to Committee on Agriculture and International Trade.

HJR 4220 by Representatives Dunshee and Mulliken

Amending the Constitution to restrict the number of years excess levies by fire protection districts can be made.

Referred to Committee on State and Local Government.

SECOND READING

SENATE BILL NO. 6483, by Senators Prentice and Winsley (by request of Department of Financial Institutions)

Regulating securities.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6483 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 Senate Bill No. 6483.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6483 and the bill passed the Senate by the following vote:

Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

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

Absent: Senators Haugen, McDonald and Rasmussen - 3.

Excused: Senator Finkbeiner - 1.

SENATE BILL NO. 6483, 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 Rasmussen was excused.

On motion of Senator Honeyford, Senator McDonald was excused.

SECOND READING

SENATE BILL NO. 6491, by Senators Prentice and Winsley (by request of Gambling Commission and Liquor Control Board)

Changing provisions relating to criminal history background checks by state agencies.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6491 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 Senate Bill No. 6491.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6491 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

Excused: Senators McDonald and Rasmussen - 2.

SENATE BILL NO. 6491, 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. 6342, by Senators Poulsen and Gardner (by request of Department of Revenue)

Adopting the simplified sales and use tax administration act.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 6342 was substituted for Senate Bill No. 6342 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 6342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6342.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6342 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

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

Absent: Senator Stevens - 1.

Excused: Senator McDonald - 1.

SUBSTITUTE SENATE BILL NO. 6342, 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. 6582, by Senators Poulsen, Rossi and Fraser (by request of Department of Revenue)

Improving property tax administration.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 6582 was substituted for Senate Bill No. 6582 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 6582 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 Senate Bill No. 6582.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6582 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Absent: Senators Costa and Poulsen - 2.

SUBSTITUTE SENATE BILL NO. 6582, 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, Senators Eide and Poulsen were excused.

SECOND READING

SENATE BILL NO. 6468, by Senators Costa, Long and Hargrove ( by request of Department of Corrections)

Removing requirement for department of corrections to file satisfaction of judgments.

MOTIONS

On motion of Senator Kline, Substitute Senate Bill No. 6468 was substituted for Senate Bill No. 6468 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 6468 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 Senate Bill No. 6468.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6468 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Eide and Poulsen - 2.

SUBSTITUTE SENATE BILL NO. 6468, 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. 6284, by Senators Jacobsen, Horn, Kline, Regala, Rasmussen, Haugen, Carlson, Fraser, Kohl-Welles, Eide, Thibaudeau, Keiser, McAuliffe and Finkbeiner

Providing incentives to reduce air pollution.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 6284 was substituted for Senate Bill No. 6284 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6284 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6284.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6284 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, 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 - 49.

SUBSTITUTE SENATE BILL NO. 6284, 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. 5354, by Senators Patterson, Prentice, Winsley, Fraser, Fairley, Costa, Regala and McAuliffe (by request of Department of Community, Trade, and Economic Development)

Modifying mobile home relocation assistance.

MOTIONS

On motion of Senator Prentice, Second Substitute Senate Bill No. 5354 was substituted for Senate Bill No. 5354 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Prentice, the rules were suspended, Second Substitute Senate Bill No. 5354 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 Senate Bill No. 5354.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5354 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 39.

Voting nay: Senators Benton, Carlson, Hewitt, Johnson, McCaslin, McDonald, Parlette, Roach, Rossi and Zarelli - 10.

SECOND SUBSTITUTE SENATE BILL NO. 5354, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Eide, Senators Brown and Poulsen were excused.

SECOND READING

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8404, by Senate Committee on Higher Education (originally sponsored by Senators Kohl-Welles, Prentice, Winsley, Carlson, Horn, McAuliffe and Franklin)

Adopting the update to the state comprehensive plan for work force training and education.

The concurrent resolution was read the second time.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Concurrent Resolution No. 8404 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Concurrent Resolution No. 8404.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8404 and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

Voting nay: Senators Benton and Hochstatter - 2.

Excused: Senators Brown and Poulsen - 2.

SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8404, having received the constitutional majority, was declared passed.

President Owen assumed the Chair.

SECOND READING

SENATE BILL NO. 6329, by Senators Regala, Honeyford, Fraser, Jacobsen and Winsley

Exempting certain vehicles powered by electricity and gasoline from emission control inspections.

MOTIONS

On motion of Senator Regala, Substitute Senate Bill No. 6329 was substituted for Senate Bill No. 6329 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6329.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6329 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Excused: Senators Brown and Poulsen - 2.

SUBSTITUTE SENATE BILL NO. 6329, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE JOINT MEMORIAL NO. 8034, by Senators Costa, Long, Hargrove, Kastama, Kline and Winsley

Requesting that the Supreme Court enter into compacts with the Tribal nations concerning criminal justice information.

The joint memorial was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Joint Memorial No. 8034 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8034.

ROLL CALL

The Secretary called the roll on the final passage of Senate Joint Memorial No. 8034 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Excused: Senators Brown and Poulsen - 2.

SENATE JOINT MEMORIAL NO. 8034, having received the constitutional majority, was declared passed.

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

THIRD READING

SENATE BILL NO. 5352, by Senators Horn and Kline (by request of Department of Community, Trade, and Economic Development)

Increasing the building code council fee.

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. 5352.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5352 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 28.

Voting nay: Senators Benton, Carlson, Deccio, Eide, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 21.

SENATE BILL NO. 5352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President reverted the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6257, by Senators Jacobsen, Oke and Rasmussen (by request of Department of Natural Resources)

Establishing contract harvesting of timber on state trust lands.

MOTIONS

On motion of Senator Jacobsen, Substitute Senate Bill No. 6257 was substituted for Senate Bill No. 6257 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6257 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6257.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6257 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, 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 - 49.

SUBSTITUTE SENATE BILL NO. 6257, 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. 6356, by Senators Franklin, Winsley, Fairley, Shin, Regala, Kline, Costa, Poulsen, Rasmussen, Keiser, Deccio, Kohl-Welles, Kastama, Prentice, Eide, McAuliffe, Parlette, Fraser, Long and Jacobsen

Creating the children's environmental health and protection advisory council.

MOTIONS

On motion of Senator Franklin, Second Substitute Senate Bill No. 6356 was substituted for Senate Bill No. 6356 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Franklin, the rules were suspended, Second Substitute Senate Bill No. 6356 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6356.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6356 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 1; Excused, 0.

Voting yea: Senators Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, 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, Swecker, Thibaudeau, West and Winsley - 39.

Voting nay: Senators Benton, Carlson, Deccio, Hewitt, Hochstatter, Honeyford, Parlette, Stevens and Zarelli - 9.

Absent: Senator Brown - 1.

SECOND SUBSTITUTE SENATE BILL NO. 6356, 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 West, Senators Benton and Roach were excused.

On motion of Senator Eide, Senator Brown was excused.

SECOND READING

SENATE BILL NO. 6292, by Senators Kline and Johnson

Authorizing lay judicial officers.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, Senate Bill No. 6292 was advanced to third reading the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6292.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6292 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 19; Absent, 0; Excused, 3.

Voting yea: Senators Carlson, Eide, Fairley, Finkbeiner, Fraser, Gardner, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Poulsen, Prentice, Regala, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Stevens, Thibaudeau, West and Winsley - 27.

Voting nay: Senators Costa, Deccio, Franklin, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Jacobsen, Long, McCaslin, McDonald, Morton, Rasmussen, Rossi, Sheldon, T., Swecker and Zarelli - 19.

Excused: Senators Benton, Brown and Roach - 3.

SENATE BILL NO. 6292, 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. 5827, by Senator McCaslin

Changing provisions relating to the enforcement of judgments.

MOTIONS

On motion of Senator Kastama, Second Substitute Senate Bill No. 5827 was substituted for Senate Bill No. 5827 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the following amendment by Senators Costa and McCaslin was adopted:

On page 3, beginning on line 22, after "or (3)" strike "or as ordered in chapter 9.94A RCW" and insert ", chapter 9.94A RCW, or chapter 13.40 RCW"

MOTION

On motion of Senator Kastama, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5827 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5827.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5827 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Carlson, Costa, Deccio, Eide, 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, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

Excused: Senators Benton, Brown and Roach - 3.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5827, 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. 6713, by Senators Jacobsen and Prentice

Making voluntary payroll deductions.

The bill was read the second time.

MOTION

Senator Tim Sheldon moved that the following amendment by Senators Tim Sheldon and McCaslin be adopted:

On page 1, line 16, after "committee." "At least annually, an employee from whom wages or salary are withheld under subsection (3) of this section, shall be notified of the provisions of this subsection."

Debate ensued.

The President declared the question before the Senate to be adoption of the amendment by Senators Tim Sheldon and McCaslin on page 1, line 16, to Senate Bill No. 6713.

The motion by Senator Tim Sheldon carried and the amendment was adopted.

MOTION

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

On page 2, line 5, after "section." insert the following:

"If an employee submits such a written request, the employer or other person or entity responsible for the disbursement of funds in payment of wages or salaries may keep an amount equal to twenty-five percent of the requested deduction as an administrative fee."

On page 2, after line 15, insert the following:

"Sec. 2. RCW 28A.405.400 and 1991 c 116 s 18 are each amended to read as follows:

In addition to other deductions permitted by law, any person authorized to disburse funds in payment of salaries or wages to employees of school districts, upon written request of at least ten percent of the employees, shall make deductions as they authorize, subject to the limitations of district equipment or personnel. Any person authorized to disburse funds shall not be required to make other deductions for employees if fewer than ten percent of

the employees make the request for the same payee. Moneys so deducted shall be paid or applied monthly by the school district for the purposes specified by the employee. ((The employer may not derive any financial benefit from such deductions.)) A deduction authorized before July 28, 1991, shall be subject to the law in effect at the time the deduction was authorized."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be adoption of the amendments by Senator Zarelli on page 2, lines 5 and 15, to Senate Bill No. 6713.

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

MOTION

Senator Gardner moved that the following amendment by Senators Gardner, Hargrove and Carlson be adopted:

On page 2, on line 10, after "employee))" insert "The employee may revoke the request at any time. At least annually, the employee shall be notified about the right to revoke the request."

Debate ensued.

POINT OF INQUIRY

Senator Hochstatter: “Senator Gardner, I see political contribution--as the IRS is not a government entity, does that constitute a political organization and can I request that they no longer pester me under this amendment?”

Senator Gardner: “I think free speech still prevails, Senator Hochstatter, and you can ask them for anything. I am just not sure that they are going to comply.”

Further debate ensued.

The President declared the question before the Senate to be adoption of the amendment by Senators Gardner, Hargrove and Carlson on

page 2, line 10, to Senate Bill No. 6713.

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

MOTION

On motion of Senator Jacobsen, the rules were suspended, Engrossed Senate Bill No. 6713 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6713.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6713 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

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

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

Excused: Senators Benton and Roach - 2.

ENGROSSED SENATE BILL NO. 6713, 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, Engrossed Senate Bill No. 6713 was ordered to be immediately transmitted to the House of Representatives.

MOTION

At 11:09 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 12:34 p.m. by President Owen.

SECOND READING

SENATE BILL NO. 6460, by Senators Haugen and Horn

Funding local government research services.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 6460 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6460.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6460 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 6; Excused, 1.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.

Absent: Senators Hewitt, Honeyford, Horn, Sheldon, T., Shin and Thibaudeau - 6.

Excused: Senator Benton - 1.

SENATE BILL NO. 6460, 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. 6326, by Senators Prentice and Winsley

Filing reports with the insurance commissioner.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6326 was substituted for Senate Bill No. 6326 and the substitute bill was placed on second reading and read the second time.

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

On page 1, beginning on line 12, strike all of section 2

MOTIONS

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

On page 1, line 2 of the title, strike "and 48.05.390"

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6326 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6326.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6326 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, 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.

Absent: Senator Hewitt - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6326, 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 Hewitt was excused.

SECOND READING

SENATE BILL NO. 6737, by Senator Fraser

Coordinating implementation of watershed plans.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6737 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6737.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6737 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 28.

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

Excused: Senator Hewitt - 1.

SENATE BILL NO. 6737, 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. 6537, by Senators Costa, Winsley, Kohl-Welles, Thibaudeau, Fairley, Kline, Jacobsen, Prentice, B. Sheldon and Keiser

Providing emergency contraception to sexual assault victims.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 6537 was substituted for Senate Bill No. 6537 and the substitute bill was placed on second reading and read the second time.

Senator Stevens moved that the following amendment by Senators Stevens, Benton, Sheahan, Morton, Hochstatter, Roach and Zarelli be adopted:

On page 2, line 18, after "contact." insert the following:

"Emergency contraception includes only health care treatment that prevents conception and does not include health care treatment that destroys the product of conception. For purposes of this section, "conception" means the fertilization of an ovum by a sperm."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

POINT OF ORDER

Senator Stevens: “A point of order, Mr. President. I don’t believe that the speaker is speaking to the amendment. The description that is being given is a description for pregnancy. The amendment, specifically talks about the definition for conception.”

REPLY BY THE PRESIDENT

President Owen: “The President believes that she is within the scope of the amendment. Senator Costa.”

Further debate ensued.

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

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

The demand for the previous question carried.

The President declared the question before the Senate to be the adoption of the amendment by Senators Stevens, Benton, Sheahan, Morton, Hochstatter, Roach and Zarelli on page 2, line 18, to Substitute Senate Bill No. 6537.

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

MOTION

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Deccio: “Senator Thibaudeau, is it the intention of this legislation to cause or promote abortions?”

Senator Thibaudeau: “No, it is not. This bill is about providing emergency contraception to victims of sexual assault.”

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6537.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6537 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Winsley - 36.

Voting nay: Senators Benton, Hargrove, Hochstatter, Honeyford, Morton, Oke, Roach, Sheahan, Shin, Stevens, Swecker, West and Zarelli - 13.

SUBSTITUTE SENATE BILL NO. 6537, 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.

SPECIAL ORDER OF BUSINESS

On motion of Senator Betti Sheldon, Senate Bill No. 6337 will be a special order of business at 3:50 p.m. this afternoon

MOTION

On motion of Senator Eide, Senator Hargrove was excused.

SECOND READING

SENATE BILL NO. 6524, by Senators Prentice, Deccio, Keiser, Kline, Winsley, Franklin, Benton, Regala, Rasmussen, Gardner, Hochstatter, Eide and Kohl-Welles (by request of Governor Locke, Insurance Commissioner Kreidler and Attorney General Gregoire)

Using credit history for insurance purposes.

MOTIONS

On motion of Senator Prentice, Substitute Senate Bill No. 6524 was substituted for Senate Bill No. 6524 and the substitute bill was placed on second reading and read the second time.

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

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 48.18 RCW to read as follows:

UNDERWRITING RESTRICTIONS THAT APPLY TO PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Adverse action" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq. Adverse actions include, but are not limited to:

(i) Cancellation, denial, or nonrenewal of personal insurance coverage;

(ii) Charging a higher insurance premium for personal insurance than would have been offered if the credit history or insurance score had been more favorable, whether the charge is by:

(A) Application of a rating rule;

(B) Assignment to a rating tier that does not have the lowest available rates; or

(C) Placement with an affiliate company that does not offer the lowest rates available to the consumer within the affiliate group of insurance companies; or

(iii) Any reduction, adverse, or unfavorable change in the terms of coverage or amount of any personal insurance due to a consumer's credit history or insurance score. A reduction, adverse, or unfavorable change in the terms of coverage occurs when:

(A) Coverage provided to the consumer is not as broad in scope as coverage requested by the consumer but available to other insureds of the insurer or any affiliate; or

(B) The consumer is not eligible for benefits such as dividends that are available through affiliate insurers.

(b) "Affiliate" has the same meaning as defined in RCW 48.31B.005(1).

(d) "Consumer report" has the same meaning as defined in the fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.

(e) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(f) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(g) "Personal insurance" means:

(i) Private passenger automobile coverage, including motorcycle and recreational vehicle coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(h) "Tier" means a category within a single insurer into which insureds with substantially like insuring, risk or exposure factors, and expense elements are placed for purposes of determining rate or premium.

(2) An insurer that takes adverse action against a consumer based in whole or in part on credit history or insurance score shall provide written notice to the applicant or named insured. The notice must state the true and actual reason for the adverse action in clear and simple language. Significant factors of the credit history or insurance score that resulted in the adverse action shall be identified. The insurer shall also inform the consumer that the consumer is entitled to a free copy of their consumer report under the fair credit reporting act.

(3) An insurer shall not cancel or nonrenew personal insurance based in whole or in part on a consumer's credit history or insurance score. Placement with an affiliate insurer does not constitute cancellation or nonrenewal under this section.

(4) An insurer may use credit history to deny personal insurance only in combination with other substantive underwriting factors. For the purposes of this subsection:

(a) "Deny" means an insurer refuses to offer insurance coverage to a consumer;

(b) Placement with an affiliate insurer does not constitute denial of coverage; and

(c) An insurer may reject an application when coverage is not bound or cancel an insurance contract within the first sixty days after the effective date of the contract.

(5) Insurers shall not deny personal insurance coverage based on:

(a) The absence of credit history or the inability to determine the consumer's credit history, if the insurer has received accurate and complete information from the consumer;

(b) The number of credit inquiries;

(d) The initial purchase or finance of a vehicle or house that adds a new loan to the consumer's existing credit history, if evident from the consumer report; however, an insurer may consider the bill payment history of any loan, the total number of loans, or both;

(e) The consumer's use of a particular type of credit card, charge card, or debit card; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(6)(a) If disputed credit history is used to determine eligibility for coverage and a consumer is placed with an affiliate that charges higher premiums or offers less favorable policy terms:

(i) The insurer shall reissue or rerate the policy retroactive to the effective date of the current policy term; and

(ii) The policy, as reissued or rerated, shall provide premiums and policy terms the consumer would have been eligible for if accurate credit history had been used to determine eligibility.

(b) This subsection only applies if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(7) The commissioner may adopt rules to implement this section.

(8) This section applies to all personal insurance policies issued or renewed after January 1, 2003.

NEW SECTION. Sec. 2. A new section is added to chapter 48.19 RCW to read as follows:

MAKING OF RATES--PERSONAL INSURANCE. (1) For the purposes of this section:

(a) "Consumer" means an individual policyholder or applicant for insurance.

(b) "Credit history" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of serving as a factor in determining personal insurance premiums or eligibility for coverage.

(c) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit history.

(d) "Personal insurance" means:

(i) Private passenger automobile coverage, including motorcycle and recreational vehicle coverage;

(ii) Homeowner's coverage, including mobile homeowners, manufactured homeowners, condominium owners, and renter's coverage;

(iii) Dwelling property coverage;

(iv) Earthquake coverage for a residence or personal property;

(v) Personal liability and theft coverage;

(vi) Personal inland marine coverage; and

(vii) Mechanical breakdown coverage for personal auto or home appliances.

(2) Credit history shall not be used to determine personal insurance rates, premiums, or eligibility for coverage unless the insurance scoring models are filed with the commissioner. Insurance scoring models include all attributes and factors used in the calculation of an insurance score. RCW 48.19.040(5) does not apply to any information filed under this subsection, and the information shall be withheld from public inspection and kept confidential by the commissioner. All information filed under this subsection shall be considered trade secrets under RCW 48.02.120(3). Information filed under this subsection may be made public by the commissioner for the sole purpose of enforcement actions taken by the commissioner.

(3) Insurers shall not use the following types of credit history to calculate a personal insurance score or determine personal insurance premiums or rates:

(a) The absence of credit history or the inability to determine the consumer's credit history, unless the insurer has filed actuarial data segmented by demographic factors in a manner prescribed by the commissioner that demonstrates compliance with RCW 48.19.020;

(b) The number of credit inquiries;

(e) The consumer's use of a particular type of credit card, charge card, or debit card; or

(f) The consumer's total available line of credit; however, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(4) If a consumer is charged higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the consumer shall be charged the same premiums they would have been charged if accurate credit history was used to calculate an insurance score. This subsection applies only if the consumer resolves the dispute under the process set forth in the fair credit reporting act and notifies the insurer in writing that the dispute has been resolved.

(5) The commissioner may adopt rules to implement this section.

(6) This section applies to all personal insurance policies issued or renewed on or after June 30, 2003.

NEW SECTION. Sec. 3. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 4. The commissioner shall report to the legislature by January 1, 2004, on issues related to the use of credit history in personal insurance underwriting and rating and the implementation of this act. The report must include:

(1) A review of how this act has been implemented and how it has impacted consumers; and

(2) A review and analysis of insurance scoring, including:

(a) Which types of consumers, based on demographic factors, benefit from or are harmed by the use of credit history in personal insurance rating and underwriting;

(b) The extent to which the use of credit history affects rates charged to the consumer;

(d) Other issues as determined by the commissioner."

MOTIONS

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

On page 1, line 1 of the title, after "purposes;" strike the remainder of the title and insert "adding a new section to chapter 48.18 RCW; adding a new section to chapter 48.19 RCW; and creating new sections."

On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 6524 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6524.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6524 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 15; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, Winsley and Zarelli - 33.

Voting nay: Senators Hale, Hewitt, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Swecker and West - 15.

Excused: Senator Hargrove - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6524, 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. 6539, by Senators T. Sheldon, Poulsen and Rossi (by request of Department of Revenue)

Implementing the federal mobile telecommunications sourcing act.

The bill was read the second time.

MOTION

On motion of Senator Tim Sheldon, the following Committee on Economic Development and Telecommunications amendments were not adopted:

On page 9, line 33, after "(1)(a)" insert "(i)"

On page 10, after line 2, insert the following:

"(ii) Upon approval of the nationwide standard numeric code described in (b) of this subsection, the department shall solicit private information service providers for the administration of the data base and related services. If such services are available, cost-effective, and can be provided efficiently, the department shall purchase the data base administration services from a qualified private sector provider."

MOTION

On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 6539 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6539.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6539 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, 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 Hargrove - 1.

SENATE BILL NO. 6539, 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. 6652, by Senators Prentice and Haugen

Regulating cosmetology, barbering, manicuring, and esthetics.

The bill was read the second time.

MOTION

On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6652 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6652.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6652 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, 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, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

Absent: Senator Snyder - 1.

Excused: Senator Hargrove - 1.

SENATE BILL NO. 6652, 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. 6364, by Senators Winsley, Prentice, Hargrove, Fairley, Kastama and Rasmussen

Implementing recommendations of the joint legislative task force on mobile/manufactured home alteration and repair.

MOTIONS

On motion of Senator Winsley, Substitute Senate Bill No. 6364 was substituted for Senate Bill No. 6364 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6364.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6364 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Absent: Senator Zarelli - 1.

Excused: Senator Hargrove - 1.

SUBSTITUTE SENATE BILL NO. 6364, 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. 6625, by Senators Kohl-Welles, Carlson, Hargrove, Zarelli, Long and Winsley

Formalizing the relationship between the department of social and health services and the state school for the deaf.

MOTIONS

On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6625 was substituted for Senate Bill No. 6625 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 6625 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6625.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6625 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, 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: Senator Brown - 1.

Excused: Senator Hargrove - 1.

SUBSTITUTE SENATE BILL NO. 6625, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SENATE BILL NO. 6232, by Senators Rasmussen, Long, Shin, Kastama, Franklin, Winsley, Spanel, Swecker, Regala, McAuliffe and T. Sheldon

Revising crimes relating to possession of ammonia.

The bill was read the second time.

MOTION

On motion of Senator Kline, the following amendment by Senators Rasmussen and Kline was adopted:

On page 2, line 5, after "70.105D RCW" insert "or to solid waste haulers and their employees who unknowingly possess, transport, or deliver pressurized ammonia gas during the course of the performance of their duties"

MOTION

On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 6232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6232.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6232 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Hargrove - 1.

ENGROSSED SENATE BILL NO. 6232, 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. 6505, by Senators Gardner and Hale

Revising local improvement district statutes.

The bill was read the second time.

MOTION

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 35.45.030 and 1983 c 167 s 41 are each amended to read as follows:

(1) Local improvement bonds shall be in such denominations as may be provided in the ordinance authorizing their issue and shall be numbered from one upwards consecutively. Each bond shall (a) be signed by the mayor and attested by the clerk, (b) have the seal of the city or town affixed thereto, (c) refer to the improvement to pay for which it is issued and the ordinance ordering it, (d) provide that the principal sum therein named and the interest thereon shall be payable out of the local improvement fund created for the cost and expense of the improvement((, or)) and out of the local improvement guaranty fund, unless the ordinance under which it was issued provides that the bonds shall not be secured by the local improvement guaranty fund; and out of a reserve fund, if one is established for such bonds pursuant to RCW 35.51.040; or, with respect to interest only, shall be payable out of the general revenues of the city or town, but only if pledged to the payment of such interest pursuant to RCW 35.45.065, and not otherwise, (e) provide that the bond owners' remedy in case of nonpayment shall be confined to the enforcement of the special assessments made for the improvement and to the guaranty fund and reserve fund, as applicable, and (f) be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.

Any interest coupons may be signed by the mayor and attested by the clerk, or in lieu thereof, may have printed thereon a facsimile of their signatures.

(2) Notwithstanding subsection (1) of this section, but subject to RCW 35.45.010, such bonds may be issued and sold in accordance with chapter 39.46 RCW.

Sec. 2. RCW 35.45.070 and 1965 c 7 s 35.45.070 are each amended to read as follows:

(1)(a) Neither the holder nor owner of any bond, interest coupon, ((or)) warrant, or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, ((or)) warrant, or other short-term obligation for any loss to the local improvement guaranty fund occurring in the lawful operation thereof.

(b) A copy of the foregoing ((part)) in (a) of this ((section)) subsection shall be plainly written, printed, or engraved on each bond, interest coupon, warrant, or other short-term obligation.

(2) Notwithstanding the provisions of subsection (1) of this section, with respect to bonds, interest coupons, warrants, or other short-term obligations issued under an ordinance providing that the obligations are not secured by the local improvement guaranty fund:

(a) Neither the holder nor owner of any obligation issued against a local improvement fund shall have any claim against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the obligation was issued.

(b) A copy of the foregoing in (a) of this subsection shall be plainly written, printed, or engraved on each bond, interest coupon, warrant, or other short-term obligation.

Sec. 3. RCW 35.45.080 and 1965 c 7 s 35.45.080 are each amended to read as follows:

If a city or town fails to pay any bonds or to promptly collect any local improvement assessments when due, the owner of the bonds may proceed in his own name to collect the assessment and foreclose the lien thereof in any court of competent jurisdiction and shall recover in addition to the amount of the bond and interest thereon, five percent, together with the cost of suit. Any number of holders of bonds for any single improvement may join as plaintiffs and any number of owners of property upon which the assessments are liens may be joined as defendants in the same suit.

The owners of local improvement bonds issued by a city or town after the creation of a local improvement guaranty fund therein, shall also have recourse against the local improvement guaranty fund of such city or town unless the ordinance under which the bonds were issued provides that the bonds are not secured by the local improvement guaranty fund.

Sec. 4. RCW 35.54.010 and 1971 ex.s. c 116 s 7 are each amended to read as follows:

(1) There is established in every city and town a fund to be designated the "local improvement guaranty fund" for the purpose of guaranteeing, to the extent of the fund, the payment of its local improvement bonds and warrants or other short-term obligations issued to pay for any local improvement ordered in the city or town or in any area wholly or partly outside its corporate boundaries: (((1))) (a) In any city of the first class having a population of more than three hundred thousand, subsequent to June 8, 1927; (((2))) (b) in any city or town having created and maintained a guaranty fund under chapter 141, Laws of 1923, subsequent to the date of establishment of such fund; and (((3))) (c) in any other city or town subsequent to April 7, 1926: PROVIDED, That this shall not apply to any city of the first class which maintains a local improvement guaranty fund under chapter 138, Laws of 1917, but any such city maintaining a guaranty fund under chapter 138, Laws of 1917 may by ordinance elect to operate under the provisions of this chapter and may transfer to the guaranty fund created hereunder all the assets of the former fund and, upon such election and transfer, all bonds guaranteed under the former fund shall be guaranteed under the provisions of this chapter.

(2) The local improvement guaranty fund established under subsection (1) of this section shall not be subject to any claim by the owner or holder of any local improvement bond, warrant, or other short-term obligation issued under an ordinance that provides that such obligations shall not be secured by the local improvement guaranty fund."

MOTIONS

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

On page 1, line 1 of the title, after "districts;" strike the remainder of the title and insert "and amending RCW 35.45.030, 35.45.070, 35.45.080, and 35.54.010."

On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 6505 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6505.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6505 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Hargrove - 1.

ENGROSSED SENATE BILL NO. 6505, 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. 5700, by Senators Carlson, Benton and Zarelli

Establishing a pilot program authorizing designation of industrial land banks outside urban growth areas under certain circumstances.

MOTIONS

On motion of Senator Carlson, Substitute Senate Bill No. 5700 was substituted for Senate Bill No. 5700 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Carlson, the rules were suspended, Substitute Senate Bill No. 5700 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5700.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5700 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Excused: Senator Hargrove - 1.

SUBSTITUTE SENATE BILL NO. 5700, 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. 6373, by Senators Keiser, Winsley, Prentice, Hochstatter, Franklin, Rasmussen, Kline and Spanel

Prohibiting noncompetition agreements in the broadcasting industry.

The bill was read the second time.

MOTION

Senator Keiser moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 49.44 RCW to read as follows:

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Employee" means an employee of a broadcasting industry employer other than a sales or management employee.

(b) "Broadcasting industry" means television, radio, cable stations and networks, and other electronic platforms designed to distribute electronic signals normally containing news, entertainment, and/or informational programming.

(c) "Noncompetition clause" means a covenant not to compete, restrictive covenant, or any agreement in which the applicant, employee, or independent contractor agrees for a specific period of time within a specific geographic area to refrain from employment that competes with the broadcasting industry employer.

(2) Unless permitted in this subsection, no broadcasting industry employer shall require any applicant, employee, or independent contractor to enter an employment contract containing a noncompetition clause. This subsection does not prevent the enforcement of a noncompetition clause during the term of an employment contract in existence on the effective date of this act or against an employee who breaches an employment contract.

(3) A noncompetition clause may not be enforced against an employee who is terminated without cause by the employer before the expiration of an employment agreement.

(4) Any person or entity violating subsection (2) of this section is liable for civil damages and reasonable attorneys' fees and costs.

(5) Nothing in this section restricts the right of an employer to protect trade secrets or other proprietary information by lawful means in equity or under applicable law.

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

POINT OF ORDER

Senator Benton: “A point of order, Mr. President. Would you please ask the speaker to speak to the amendment and not the underlying bill?”

REPLY BY THE PRESIDENT

President Owen: “Senator Keiser, please continue.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Keiser to Senate Bill No. 6373.

The motion by Senator Keiser carried and the striking amendment was adopted on a rising vote.

MOTIONS

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

On page 1, line 2 of the title, after "industry;" strike the remainder of the title and insert "adding a new section to chapter 49.44 RCW; and declaring an emergency."

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6373 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6373.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6373 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.

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

Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 23.

Excused: Senator Hargrove - 1.

ENGROSSED SENATE BILL NO. 6373, 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 Roach served notice that she would move to reconsider the vote by which Engrossed Senate Bill No. 6373 passed the Senate.

SECOND READING

SENATE BILL NO. 6525, by Senators Prentice, Deccio, Keiser, Winsley, Franklin and Gardner (by request of Governor Locke, Insurance Commissioner Kreidler and Attorney General Gregoire)

Regulating single premium credit insurance.

The bill was read the second time.

MOTION

Senator Prentice moved that the following amendment by Senators Prentice and Deccio be adopted:

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

NEW SECTION. Sec. 3. A new section is added to chapter 48.30 RCW to read as follows:

(1) The prohibition of section 2 of this act dos not apply to residential mortgage loans if:

(a) The loan amount does not exceed ten thousand dollars, exclusive of fees; and

(b) The repayment term of the loan does not exceed five years; and

NEW SECTION. Sec. 4. A new section is added to chapter 48.30 RCW to read as follows:

This act will become effective July 1, 2003.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Prentice and Deccio on page 2, after line 9, to Senate Bill No. 6525.

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

MOTION

Senator Honeyford moved that the following striking amendment be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1 A new section is added to chapter 48.30 RCW to read as follows:

(1) Credit insurance may not be sold on the single premium payment method, in connection with a home loan, except under all of the following circumstances:

(a) The borrower is provided the opportunity to select a monthly premium payment method in lieu of the single premium payment method;

(b) To the extent required by law, the premium rates to be charged under both the single premium payment method and the monthly premium payment method are filed with and approved by the commissioner;

(c) Each borrower that purchases credit-related insurance on the single premium payment method must execute, no later than the time the underlying loan is closed, a disclosure and consent form that meets the requirements of subsection (2) of this section. The disclosure and consent form may be separate, or may be attached or integrated into the other documents associated with the underlying loan; and

(d) The lender or insurer must retain a copy of each executed disclosure and consent form for a period not less than one year after the expiration or cancellation of the insurance coverage.

(2) A disclosure and consent form is acceptable for purposes of subsection (1) of this section, if it contains, in substantially the same format, the following information:

CREDIT-RELATED INSURANCE

BORROWER'S DISCLOSURE AND CONSENT

Attention Borrower: You have indicated that you want to purchase credit-related insurance in connection with this loan. THE PURCHASE OF CREDIT-RELATED INSURANCE IS NOT REQUIRED to close this loan, and the cost of credit-related insurance is being included in your loan at your request. YOU HAVE THE RIGHT TO CANCEL YOUR INSURANCE AFTER PURCHASE.

You have indicated that you want the cost of your credit-related insurance included in the principal amount of your loan. You may also elect to have the insurance charge added to each monthly loan payment. By including the cost of insurance in the principal amount of your loan, you are pre-paying for the entire term of the insurance, and the amount financed will be subject to the same terms as other disbursements under the loan.

Your regular loan payment without the credit-related insurance would be: $. . . . . .. Your regular loan payment with the charge for credit-related insurance included in the principal amount would be: $. . . . . . during the term of your loan.

By executing this form you are affirming your decision to have the charge for your insurance included in the principal amount of your loan. IF YOU DO NOT WANT TO PURCHASE CREDIT-RELATED INSURANCE, OR PREFER TO PAY FOR THE INSURANCE ON A MONTHLY BASIS, DO NOT EXECUTE THIS DISCLOSURE AND CONSENT STATEMENT.

I, . . . . . . (borrower) have read the above disclosure and consent statement, and want the full charge for my credit-related insurance to be included in the principal amount of my loan.

Signed: . . . . . . . . (borrower) Date: . . . .

. . . . . . . . (lender's representative) Date: . . . .

(3) For purposes of this section:

(a) "Credit-related insurance" means life insurance; disability insurance, including accident and health; involuntary unemployment insurance; or any debt deferment or debt cancellation product covering similar risk or risks of loss; when the insurance or product covers amounts due or to be due under a specific credit transaction, and when that credit transaction is entered into for personal or household purposes.

(b) "Home loan" means a loan made for personal, family household, or purchase money purposes that is secured by a deed of trust or mortgage on land located in the state of Washington that is improved by an owner-occupied, one-to-four unit dwelling structure.

(c) "Monthly premium payment method" means a method of premium collection by which the premium charge applicable for the selected term of insurance coverage is collected from the borrower monthly or on the same periodic basis as principal and interest installments for the underlying loan, and when finance charges are not assessed on the premiums. The periodic premium charge under the monthly method may be calculated based on (i) the outstanding loan balance during the current payment period; (ii) by dividing the total premium for the applicable term of insurance by the number of scheduled loan payments that will be due during the term of insurance coverage; or (iii) by any other method approved by the commissioner.

(d) "Single premium payment method" means a method of premium collection by which the total premium charge applicable for the selected term of insurance coverage is included as a lump sum in the principal amount of the loan.

(4) With respect to credit life insurance, credit disability insurance, or credit involuntary unemployment insurance, this section is applicable on the later of (a) July 1, 2003; or (b) ninety days after the insurance commissioner, by public notice, certifies that a sufficient quantity of forms and rates based on the monthly premium payment method are approved and available in the state of Washington for sale in connection with closed-end home loans. With respect to debt suspension or debt cancellation products, this section is applicable on the effective date of this section."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Honeyford to Senate Bill No. 6525.

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

MOTIONS

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

On page 1, line 1 of the title, after “insurance,” strike the remainder of the title and insert “adding new sections to Chapter 48.30; creating a new section, and providing an effective date.”

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 6525 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6525.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6525 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 29.

Voting nay: Senators Benton, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, West and Zarelli - 19.

Excused: Senator Hargrove - 1.

ENGROSSED SENATE BILL NO. 6525, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SENATE BILL NO. 5425, by Senators Kohl-Welles, Jacobsen and Fraser

Implementing notices and procedures regarding aerial application of pesticides to control plant pests.

MOTIONS

On motion of Senator Fraser, Second Substitute Senate Bill No. 5425 was substituted for Senate Bill No. 5425 and the second substitute bill was placed on second reading and read the second time.

Senator Rasmussen moved that the following striking amendment by Senators Rasmussen and Kohl-Welles be adopted:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 17.24.007 and 2000 c 100 s 6 are each amended to read as follows:

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

(1) "Department" means the state department of agriculture.

(2) "Director" means the director of the state department of agriculture or the director's designee.

(3) "Quarantine" means a rule issued by the department that prohibits or regulates the movement of articles, bees, plants, or plant products from designated quarantine areas within or outside the state to prevent the spread of disease, plant pathogens, or pests to nonquarantine areas.

(4) "Plant pest" means a living stage of an insect, mite, nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive parts, or viruses, or an organism similar to or allied with any of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly or indirectly injure or cause disease or damage in plants or parts of plants or in processed, manufactured, or other products of plants.

(5) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from the plants and plant products.

(6) "Certificate" or "certificate of inspection" means an official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels, rubber stamp imprints, tags, permits, written statements, or a form of inspection and certification document that accompanies the movement of inspected and certified plant material and plant products, or bees, bee hives, or beekeeping equipment.

(7) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, plant products, or bees, bee hives, or beekeeping equipment regulated under this chapter, in which the person agrees to comply with stipulated requirements.

(8) "Distribution" means the movement of a regulated article from the property where it is grown or kept, to property that is not contiguous to the property, regardless of the ownership of the properties.

(9) "Genetically engineered organism" means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques, excluding those organisms covered by the food, drug and cosmetic act (21 U.S.C. Secs. 301-392).

(10) "Person" means a natural person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee of any of these entities.

(11) "Sell" means to sell, to hold for sale, offer for sale, handle, or to use as inducement for the sale of another article or product.

(12) "Noxious weed" means a living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plant of a kind that presents a threat to Washington agriculture or environment.

(13) "Regulated article" means a plant or plant product, bees or beekeeping equipment, noxious weed or other articles or equipment capable of harboring or transporting plant or bee pests or noxious weeds that is specifically addressed in rules or quarantines adopted under this chapter.

(14) "Owner" means the person having legal ownership, possession, or control over a regulated article covered by this chapter including, but not limited to, the owner, shipper, consignee, or their agent.

(15) "Nuisance" means a plant, or plant part, apiary, or property found in a commercial area on which is found a pest, pathogen, or disease that is a source of infestation to other properties.

(16) "Bees" means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.

(17) "Bee pests" means a mite, other parasite, or disease that causes injury to bees and those honey bees generally recognized to have undesirable behavioral characteristics such as or as found in Africanized honey bees.

(18) "Biological control" means the use by humans of living organisms to control or suppress undesirable animals and plants; the action of parasites, predators, or pathogens on a host or prey population to produce a lower general equilibrium than would prevail in the absence of these agents.

(19) "Biological control agent" means a parasite, predator, or pathogen intentionally released, by humans, into a target host or prey population with the intent of causing population reduction of that host or prey.

(20) "Emergency" means a situation where there is an imminent danger of an infestation of plant pests or disease that seriously threatens the state's agricultural or horticultural industries or environment and that cannot be adequately addressed with normal procedures or existing resources.

(21) "Large urban residential area" means that area lying within the incorporated boundaries of a city with a population of greater than one hundred thousand and the urban growth area contiguous to the city, and in which residential uses are a permitted or a conditional use.

(22) "Asian gypsy moth" means the Asian strain of the gypsy moth Lymantria dispar.

Sec. 2. RCW 15.58.065 and 1989 c 380 s 5 are each amended to read as follows:

(1) In submitting data required by this chapter, the applicant may:

(a) Mark clearly any portions which in the applicant's opinion are trade secrets or commercial or financial information; and

(b) Submit such marked material separately from other material required to be submitted under this chapter.

(2) Except under section 3 of this act and notwithstanding any other provision of this chapter or other law, the director shall not make public information which in the director's judgment should be privileged or confidential because it contains or relates to trade secrets or commercial or financial information except that, when necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director when necessary under this chapter.

(3) Except under section 3 of this act, if the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, the director shall notify the applicant or registrant in writing, by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in the superior court of Thurston county for a declaratory judgment as to whether such information is subject to protection under subsection (2) of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 15.58 RCW, to be codified between RCW 15.58.065 and 15.58.070, to read as follows:

(1) When the director proposes to eradicate the Asian gypsy moth through the aerial application of pesticides within a large urban residential area as defined in RCW 17.24.007, the director shall consult with appropriate public university personnel and federal, state, and local health agencies concerning unpublished formulas of products acquired by authorization of this chapter for the purpose of obtaining an independent assessment of the possible human health risks associated with the proposed use.

(2) The director shall reveal to consulted individuals the confidential statement of formula for the purpose of assessing the possible human health risks associated with the proposed pesticide use by the department.

(3) Consulted individuals shall consider the confidential statement of formula, the proposed pesticide use, the impact on affected populations, and any other considerations that may bear on public health in making an assessment of the possible human health risks.

(4) The director shall make any independent assessment available to the public except that the names, chemical abstract service numbers, or other identifying characteristics or percentages of inert ingredients in a pesticide, and any other information that in the director's judgment should be confidential, shall not be disclosed. Additionally, any information or documents used in preparation of an independent assessment that pertain to the confidential statement of formula and any protected trade secret information shall not be disclosed to the public by any person.

(5) This section shall be in addition to and shall not limit the authority of the director under any other provision of law to release to the public information relating to pesticide formula, ingredients, or other information.

NEW SECTION. Sec. 4. A new section is added to chapter 17.24 RCW to read as follows:

When surveys and other measures detect the presence of the Asian gypsy moth within a large urban residential area, and when the aerial application of pesticides may be considered as a measure to eradicate the pest, the director shall provide public notice of the survey results and the alternatives for eradication measures. The director shall hold a public meeting within the area to provide information and to receive comments from the public on the survey

results, and the alternatives for eradication measures. The director shall accept such comments for a period of thirty days from the date the public meeting is held, or a lesser period as the director determines if immediate action is required to implement eradication measures.

Sec. 5. RCW 17.24.171 and 1991 c 257 s 21 are each amended to read as follows:

(1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, or economic well-being, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(((14))) (13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health. When the requested measures include the aerial application of pesticides in a large urban residential area for the eradication of Asian gypsy moths, the findings shall also include a summary of the information relied upon in determining the extent of the danger, the alternative measures considered, and, when applicable, the director's response to the public comments received under section 4 of this act.

(2) If an emergency is declared pursuant to RCW 43.06.010(((14))) (13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(((14))) (13) and this section and make subsequent recommendations to the governor. The committee shall include representatives of the agricultural and silvicultural industries, state and local government, public health interests, technical service providers, and environmental organizations.

(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.

(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals or companies, or both, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.

(5) When emergency measures taken include the aerial application of pesticides in a large urban residential area for the eradication of Asian gypsy moths:

(a) The director shall implement procedures for notifying the community in the application area before each aerial application. The procedures shall include notifying individuals who request individual notice, and include notice to major employers and institutional facilities, including but not limited to schools, child care facilities, senior residential and day care facilities, health care facilities, and community centers; and

(b) The local health jurisdiction, with support from the department of health, shall monitor public health effects following the implementation of the measures in such areas.

(6) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than ten days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued.

Sec. 6. RCW 43.06.010 and 1994 c 223 s 3 are each amended to read as follows:

In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:

(1) The governor shall supervise the conduct of all executive and ministerial offices;

(2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;

(3) The governor shall make the appointments and supply the vacancies mentioned in this title;

(4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;

(5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;

(7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor's duties;

(8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;

(9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;

(10) The governor shall issue and transmit election proclamations as prescribed by law;

(11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;

(12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected, and the powers granted the governor during a state of emergency shall be effective only within the area described in the proclamation;

(13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural, silvicultural, or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides. The governor shall not approve a proposed emergency measure that includes the aerial application of pesticides in a large urban residential area for Asian gypsy moth eradication unless the governor determines that all other alternatives are not feasible or likely to eradicate the pest;

(14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands."

Debate ensued

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Rasmussen and Kohl-Welles to Second Substitute Senate Bill No. 5425.

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

MOTIONS

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

On page 1, line 2 of the title, after "pests;" strike the remainder of the title and insert "amending RCW 17.24.007, 15.58.065, 17.24.171, and 43.06.010; adding a new section to chapter 15.58 RCW; and adding a new section to chapter 17.24 RCW."

On motion of Senator Fraser, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5425 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5425.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5425 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Oke, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Zarelli - 31.

Voting nay: Senators Deccio, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, McCaslin, McDonald, Morton, Parlette, Roach, Sheahan, Sheldon, T., Stevens, Swecker and West - 17.

Excused: Senator Hargrove - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5425, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Pro Tempore Franklin assumed the Chair.

SECOND READING

SENATE BILL NO. 6572, by Senators Rasmussen, Morton, Carlson and Benton

Clarifying that conservation district supervisors' elections and public disclosure requirements are governed by conservation district laws.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6572 was substituted for Senate Bill No. 6572 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6572 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6572.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6572 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, 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.

Voting nay: Senator Fairley - 1.

Excused: Senator Hargrove - 1.

SUBSTITUTE SENATE BILL NO. 6572, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Eide, Senators Gardner and Prentice were excused.

SECOND READING

SENATE BILL NO. 6254, by Senators Rasmussen, Swecker, Shin and Spanel (by request of Department of Agriculture)

Creating the fruit and vegetable inspection account.

MOTIONS

On motion of Senator Rasmussen, Substitute Senate Bill No. 6254 was substituted for Senate Bill No. 6254 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6254 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Hochstatter: “Senator Rasmussen, it is my understanding that there is, of course, sizable money in these accounts and that this bill will allow the closing of one of the three regions. My question to you is, can we rely on that money that is in the three regions accounts now, which ever region is closed, that that money will be returned to the growers in reduced freight fees?”

Senator Rasmussen: “That is my understanding, Senator. The region that you are concerned about is in Moses Lake. That has been privatized under the processor and they are working their own inspection programs, but the amounts of money that they paid into it will go back to who paid into the account. ”

Senator Hochstatter: “Thank you.”

Further debate ensued.

The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6254.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6254 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; Excused, 2.

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

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

Absent: Senator Poulsen - 1.

Excused: Senators Gardner and Prentice - 2.

SUBSTITUTE SENATE BILL NO. 6254, 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. 6628, by Senators Kohl-Welles, Sheahan and Jacobsen (by request of University of Washington)

Establishing the probationary period for campus police officer appointees.

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 6628 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 Senate Bill No. 6628.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6628 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, 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 - 49.

SENATE BILL NO. 6628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

President Owen assumed the Chair.

SECOND READING

SENATE BILL NO. 6619, by Senators Poulsen, Jacobsen, Fraser, Morton, Regala and Kline

Establishing the Washington climate and rural energy development center.

MOTIONS

On motion of Senator Poulsen, Substitute Senate Bill No. 6619 was substituted for Senate Bill No. 6619 and the substitute bill was placed on second reading and read the second time.

Senator Morton moved that the following striking amendment by Senators Morton, Poulsen and Fraser be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature makes the following findings:

(1) A vast and growing body of research and information about changes to our global, national, and regional climates is being produced by a variety of sources.

(2) Much of this research and information holds important value in helping scientists, citizens, businesses, and public policymakers understand how Washington may be affected by these changes.

(3) It is in the public interest to support efforts to promote discussion and understanding of the potential effects of climate change on Washington's water supply, agriculture, natural resources, coastal infrastructure, public health, and economy, and to encourage the formulation of sound recommendations for avoiding, mitigating, and responding to those effects.

(4) The state should support the establishment of a central clearinghouse to serve as an impartial, unbiased source of credible and reliable information about climate change for the public.

NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 3 through 5 of this act unless the context clearly requires otherwise.

(1) "Center" means the Washington climate and rural energy development center.

(2) "Clean energy activities" means: (a) Activities related to renewable resources including electricity generation facilities fueled by water, wind, solar energy, geothermal energy, landfill gas, or bioenergy; (b) programs and industries promoting research, development, or commercialization of fuel cells and qualified alternative energy resources as defined in RCW 19.29A.090; (c) energy efficiency measures or technologies; and (d) technologies designed to significantly reduce the use of or emissions from motor vehicle fuels.

(3) "Climate change" means a change of climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere.

NEW SECTION. Sec. 3. The legislature authorizes the establishment of the Washington climate and rural energy development center as part of the Washington State University energy program to serve as a central, nonregulatory clearinghouse of credible and reliable information addressing various aspects of climate change and clean energy activities.

NEW SECTION. Sec. 4. The center shall be funded through grants, and voluntary monetary and in-kind contributions.

NEW SECTION. Sec. 5. (1) The duties of the center may include, but are not limited to:

(a) Collecting and sharing scientific and technological data related to climate change;

(b) Collecting and sharing information which could be used on a voluntary basis to respond to potential climate change impacts should they occur;

(c) Collecting and sharing information about clean energy activities in the rural areas of the state, including information about state resources available for developing such clean energy opportunities;

(d) Advising relevant sectors of prospective commercial opportunities;

(e) Studying and advising the legislature on the potential: (i) Impacts of climate change in the state; and (ii) effects of early action by the state, before action by the federal government or other state governments, on the state's competitive position with respect to other states;

(f) Accomplishing any other duty assigned to it by the legislature for which adequate funding is provided; and

(g) Providing an annual report to the governor and legislature by December 31st regarding its operations.

(2) The center shall, within available funds, also:

(a) Identify key sectors within the state likely to be affected adversely by climate change;

(b) Examine and report the feasibility of a carbon storage program for the state by:

(i) Evaluating other states' and nations' attempts to establish carbon credit programs, carbon storage programs, carbon storage requirements worldwide, and methods and scientific programs that are used to implement carbon storage programs;

(ii) Analyzing other programs in the state of Washington, including the conservation reserve enhancement program, that could facilitate a carbon storage program and a stable carbon storage market;

(iii) Analyzing methods to encourage and increase appropriate carbon storage activities; and

(iv) Developing and preparing appropriate legislative responses and recommendations; and

(c) Publicize mitigation projects and efforts to address climate change that include evaluations of whether those efforts were deemed to be successful.

(3) The following agencies and programs will work with the center to assist with the duties under this section: The department of community, trade, and economic development, the department of ecology, the department of transportation, the department of health, the department of fish and wildlife, the department of agriculture, the department of natural resources, and the Washington State University energy program.

(4) The legislature may appoint one member from each legislative caucus to serve on a legislative oversight committee for the center.

(5) The center shall establish task forces and technical advisory committees, balanced in representation and composed of state and local agencies and interested elected leaders, businesses, labor groups, timber industry groups, agricultural groups, nonprofit organizations, university and college programs, and citizens as necessary to assist in the duties in this section.

NEW SECTION. Sec. 6. This act takes effect July 1, 2002.

NEW SECTION. Sec. 7. Sections 2 through 5 of this act are each added to chapter 28B.30 RCW."

MOTION

Senator Hochstatter moved that the following amendment by Senators Hochstatter and Fraser to the striking amendment be adopted:

On page 2, line 27, after "(e)" insert the following:

"Monitoring high energy manipulation of the ionosphere and tracking the hours of operation of the high frequency active auroral research program;

(f)"

Renumber the remaining subsections accordingly, and correct any internal references.

Debate ensued.

POINT OF INQUIRY

Senator Swecker: “Senator Hochstatter, I vaguely remember that you may have harped on this issue before. Is that correct?”

Senator Hochstatter: “Absolutely.”

Senator Swecker: “Well, thank you.”

The President declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter and Fraser on page 2, line 27, to the striking amendment to Substitute Senate Bill No. 6619.

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

The President declared the question before the Senate to be the adoption of the striking amendment, as amended, to Substitute Senate Bill No. 6619.

Debate ensued.

The motion by Senator Morton carried and the striking amendment, as amended, was adopted.

MOTIONS

On motion of Senator Fraser, the following title amendment was adopted

On page 1, line 2 of the title, after "center;" strike the remainder of the title and insert "adding new sections to chapter 28B.30 RCW; creating a new section; and providing an effective date."

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 6619 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6619.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6619 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Hewitt, Hochstatter, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 37.

Voting nay: Senators Benton, Deccio, Hale, Honeyford, Horn, McCaslin, McDonald, Rossi, Sheldon, T., Stevens, West and Zarelli - 12.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6619, 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. 6350, by Senators Haugen, Horn, McAuliffe and Oke

Allowing use of county road funds for state highway improvements.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 6350 was substituted for Senate Bill No. 6350 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6350 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6350.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6350 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

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

Voting nay: Senator McCaslin - 1.

SUBSTITUTE SENATE BILL NO. 6350, 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 Betti Sheldon: “Mr. President, it is now 3:50 p.m. and time for the special order of business to consider Senate Bill No. 6337.”

SPECIAL ORDER OF BUSINESS

SECOND READING

SENATE BILL NO. 6337, by Senators Oke, Haugen, Eide, Swecker, B. Sheldon, Hargrove, Spanel, Prentice, Jacobsen, Fraser, Gardner and Rasmussen.

Prohibiting tobacco product sampling.

MOTION

On motion of Senator Oke, Senate Bill No. 6337 was not substituted.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Senate Bill No. 6337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6337.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6337 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 1; Excused, 0.

Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.

Voting nay: Senators Benton, Deccio, Hewitt, Honeyford and Sheldon, B. - 5.

Absent: Senator Prentice - 1.

SENATE BILL NO. 6337, 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 3:57 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Monday, February 18, 2002.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate