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FORTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Saturday, March 2, 2002
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Costa, Deccio, Franklin and Rossi. On motion of Senator Eide, Senators Costa and Franklin were excused. On motion of Senator Hewitt, Senators Deccio and Rossi were excused.
The Sergeant at Arms Color Guard, consisting of Pages Lise Marie Curda and Alicia Martin, presented the Colors. Senator Adam Kline offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
MR. PRESIDENT:
We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objection to the section or items of the bill, as required by Article III, section 12, of the Washington State Constitution:
SENATE BILL NO. 6036
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the Seal of the state of Washington, this 1st day
of March, 2002.
SAM REED
(Seal) Secretary of State
MESSAGE FROM THE GOVERNOR
March 1, 2002
The Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 1, Senate Bill No. 6036 entitled:
"AN ACT Relating to local motor vehicle excise taxes;"
Senate Bill No. 6036 repeals certain motor vehicle excise tax statutes that were not expressly repealed in earlier legislation. Section 1 of the bill is an uncodified statement of intent. However, section 1 contains a drafting error that puts it in conflict with the operative portions of the bill. Consequently, the chairs of the Senate and House transportation committees have requested that section 1 be vetoed.
For these reasons, I have vetoed section 1 of Senate Bill No. 6036.
With the exception of section 1, Senate Bill No 6036 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Roach, the following resolution was adopted:
SENATE RESOLUTION 8776
By Senators Roach, Fraser and Johnson
WHEREAS, the Washington State Senate has, on occasion, recognized the important role unique recreational and commercial resources play in providing the high quality of life our state is known for; and
WHEREAS, successful ongoing efforts to preserve such resources should be honored, and individuals who participate in such efforts should be thanked for cultivating civic participation, corporate responsibility and appropriate governmental action to achieve a public good; and
WHEREAS, Lake Tapps, a constructed reservoir, is a unique recreational and commercial resource that has been in place for so many decades that it is generally regarded as a permanent feature of the landscape; and
WHEREAS, a large number of the citizens of the state of Washington have made their homes on the shore of Lake Tapps and have made substantial investments in their property in reliance on the continued existence of the lake; and
WHEREAS, taxes on the property surrounding Lake Tapps are a significant portion of the tax revenues of Pierce County and the county would suffer irreparable harm if it were deprived of such tax revenues; and
WHEREAS, Lake Tapps serves as the reservoir for a hydropower generation project and contributes to the production of electricity for Pacific Northwest homes and businesses; and
WHEREAS, Lake Tapps has long been one of the most popular and heavily used recreational sites in the Northwest; and
WHEREAS, fish-transport facilities associated with the lake and hydropower projects provide a method for White River fish, including threatened Chinook Salmon, to migrate past the Army Corps of Engineers' Mud Mountain Dam and spawn upriver; and
WHEREAS, Lake Tapps would cease to exist without agreement among a number of government and private parties; and
WHEREAS, the Federal Energy Regulatory Commission has authorized a collaborative effort to save the lake for the benefit of the public; and
WHEREAS the collaborative effort is carried out by the Lake Tapps Task Force, which is composed of representatives of federal, state and local governments and agencies, American Indian tribes and a broad range of citizens affected by the Lake Tapps agreement; and
WHEREAS, the cooperation and support of officials in all levels of government is needed to bring the collaborative process to a timely and successful conclusion; and
WHEREAS, Lake Tapps serves a number of public interests vital to federal, state and local governments and their constituents;
NOW, THEREFORE, BE IT RESOLVED that the Senate of the state of Washington recognizes the tremendous commitment, cooperation and dedication demonstrated by all parties and expresses our sincerest thanks to the Lake Tapps Task Force, whose ongoing efforts have thus far achieved an agreement in principle regarding preservation of a vital public resource; and
BE IT FURTHER RESOLVED that copies of this resolution be immediately transmitted by the Secretary of the Senate to the Honorable Gary Locke, Governor of the state of Washington; the Federal Energy Regulatory Commission; the United States Army Corp of Engineers; the National Marine Fisheries Service; the Washington State Department of Ecology; the Washington State Department of Fish and Wildlife; the Honorable John Ladenburg, Pierce County Executive; and the Pierce County Council.
Senators Roach and Fraser spoke to Senate Resolution 8776.
MOTION
At 9:11 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:11 a.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2809, by Representatives Doumit, Chandler, Linville, Schoesler, Eickmeyer and Pearson
Concerning the application of pesticides in a forest environment.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 2809 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2809.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2809 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 1; Absent, 3; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Winsley and Zarelli - 41.
Voting nay: Senator Thibaudeau - 1.
Absent: Senators Hargrove, Haugen and West - 3.
Excused: Senators Costa, Deccio, Franklin and Rossi - 4.
HOUSE BILL NO. 2809, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2450, by Representatives Hatfield, Dunshee, DeBolt, Jarrett and Anderson
Updating the Washington trade center act to authorize electronic commerce activities.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, House Bill No. 2450 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2450.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2450 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Eide, Fairley, Finkbeiner, 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, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Absent: Senator Regala - 1.
Excused: Senators Costa, Deccio, Franklin and Rossi - 4.
HOUSE BILL NO. 2450, 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 McAuliffe and Thibaudeau was excused.
SECOND READING
HOUSE BILL NO. 2907, by Representatives Schoesler, Romero, Alexander, Murray, Ogden, Mitchell and Nixon
Encouraging fund-raising activities on behalf of the state legislative building.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, House Bill No. 2907 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Benton: “Senator Gardner, in the summary of the bill and this is not coming through a committee I sit on, so I ask for a little clarification. It says, ‘Not only for the State Legislative Building, but it also includes language that pertains to related educational exhibits and programs.’ Could you explain that portion of the bill to me, please?”
Senator Gardner: “Well, I haven’t read the bill. I assume that you are reading from the bill report and the testimony that we received in committee is that there are certain displays in the building, notedly in the Secretary of State’s Office, that we are also anxious to restore. There are tour programs and other programs related to what is here in the Legislative Building, both the building itself and the decor that we will want to be sure to continue as well.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2907.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2907 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 5; Absent, 0; Excused, 6.
Voting yea: Senators Carlson, Costa, Eide, Fairley, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 38.
Voting nay: Senators Benton, Finkbeiner, Hochstatter, Roach and Stevens - 5.
Excused: Senators Brown, Deccio, Franklin, McAuliffe, Rossi and Thibaudeau - 6.
HOUSE BILL NO. 2907, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 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.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Substitute House Bill No. 2592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2592.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2592 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 0; Excused, 6.
Voting yea: Senators Benton, Carlson, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.
Voting nay: Senators Honeyford and McCaslin - 2.
Excused: Senators Brown, Deccio, Franklin, McAuliffe, Rossi and Thibaudeau - 6.
SUBSTITUTE HOUSE BILL NO. 2592, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2303, by Representatives Conway, Wood and Kenney (by request of Employment Security Department)
Correcting rate class 16 in schedule B.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Bill No. 2303 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2303.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2303 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Benton, Carlson, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 42.
Absent: Senator Costa - 1.
Excused: Senators Brown, Deccio, Franklin, McAuliffe, Rossi and Thibaudeau - 6.
HOUSE BILL NO. 2303, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Regala was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2160, by House Committee on Financial Institutions and Insurance (originally sponsored by Representative McIntire)
Regulating charitable gift annuity businesses.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the following Committee on Labor, Commerce and Financial Institutions striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.38.020 and 1998 c 284 s 2 are each amended to read as follows:
(1) Upon granting to such insurer or institution under RCW 48.38.010 a certificate of exemption to conduct a charitable gift annuity business, the insurance commissioner shall require it to establish and maintain a separate reserve fund adequate to meet the future payments under its charitable gift annuity contracts.
(2) The assets of the separate reserve fund:
(a) Shall be held legally and physically segregated from the other assets of the certificate of exemption holder;
(b) Shall be invested in the same manner that persons of reasonable prudence, discretion, and intelligence exercise in the management of a like enterprise, not in regard to speculating but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Investments shall be of sufficient value, liquidity, and diversity to assure the insurer or institution's ability to meet its outstanding obligations; and
(c) Shall not be liable for any debts of the insurer or institution holding a certificate of exemption under this chapter, other than those incurred pursuant to the issuance of charitable gift annuities.
(3) The amount of the separate reserve fund shall be:
(a) For contracts issued prior to July 1, 1998, not less than an amount computed in accordance with the standard of valuation based on the 1971 individual annuity mortality table with six percent interest for single premium immediate annuity contracts and four percent interest for all other individual annuity contracts;
(b) For contracts issued on or after July 1, 1998, in an amount not less than the aggregate reserves calculated according to the standards set forth in RCW 48.74.030 for other annuities with no cash settlement options;
(c) Plus a surplus of ten percent of the combined amounts under (a) and (b) of this subsection.
(4) The general assets of the insurer or institution holding a certificate of exemption under this chapter shall be liable for the payment of annuities to the extent that the separate reserve fund is inadequate.
(5) For any failure on its part to establish and maintain the separate reserve fund, the insurance commissioner shall revoke its certificate of exemption.
(6) If an institution holding a certificate of exemption under RCW 48.38.010 has purchased a single premium life annuity that pays the entire amount stipulated in the gift annuity agreement or agreements from an insurer (a) holding a certificate of authority under chapter 48.05 RCW, (b) licensed in the state in which the institution has its principle office, and (c) licensed in the state in which the single premium life annuity is issued, then in determining the minimum reserve fund that must be maintained under this section, a deduction shall be allowed from the minimum reserve fund in an amount not exceeding the reserve fund amount required for the annuity or annuities for which the single premium life annuity is purchased, subject to the following conditions:
(i) The institution has filed with the commissioner a copy of the single premium life annuity purchased and specifying which charitable gift annuity or annuities are being insured; and
(ii) The institution has entered into a written agreement with the annuitant and the insurer issuing the single premium life annuity providing that if for any reason the institution is unable to continue making the annuity payments required by its annuity agreements, the annuitants shall receive payments directly from the insurer and the insurer shall be credited with all of these direct payments in the accounts between the insurer and the institution."
MOTIONS
On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "business;" strike the remainder of the title and insert "and amending RCW 48.38.020."
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 2160, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2160, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2160, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, 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, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 45.
Voting nay: Senator Thibaudeau - 1.
Excused: Senators Deccio, Regala and Rossi - 3.
SUBSTITUTE HOUSE BILL NO. 2160, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1189, by House Committee on Judiciary (originally sponsored by Representatives Lantz, Dunn, Edmonds, Hunt, Dunshee, Ogden, Kenney and Wood) (by request of Department of Community, Trade, and Economic Development)
Enforcing protection of archaeological sites.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Substitute House Bill No. 1189 was advanced to third reading, the second reading considered the third and the bill was placed on final passage
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1189.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1189 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 40.
Voting nay: Senators Finkbeiner, Hochstatter, Johnson, McDonald, Morton, Oke, Stevens and Zarelli - 8.
Excused: Senator Rossi - 1.
SUBSTITUTE HOUSE BILL NO. 1189, 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 OF RECONSIDERATION
Having voted on the prevailing side, Senator Benton served notice that he would move to reconsider the vote by which Substitute House Bill No. 1189 passed the Senate.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1474, by House Committee on Appropriations (originally sponsored by Representatives Van Luven, Veloria, Fromhold, Dunn, Eickmeyer, Kessler, Kenney, Schmidt, Edmonds, Ogden and Santos) (by request of Governor Locke)
Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Engrossed Substitute House Bill No. 1474 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 House Bill No. 1474.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1474 and the bill failed to pass the Senate by the following vote: Yeas, 21; Nays, 27; Absent, 1; Excused, 0.
Voting yea: Senators Carlson, Costa, Deccio, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Regala, Shin, Snyder, Spanel, Thibaudeau and Winsley - 21.
Voting nay: Senators Benton, Eide, Finkbeiner, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, West and Zarelli - 27.
Absent: Senator Brown - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1474, having failed to receive the constitutional majority, was declared lost.
NOTICE OF RECONSIDERATION
Having voted on the prevailing side, Senator Betti Sheldon served notice that she would move to reconsider the vote by which Engrossed Substitute House Bill No. 1474 failed to pass the Senate.
SECOND READING
HOUSE BILL NO. 2672, by Representatives Kirby, O'Brien, Ballasiotes, Morell, Darneille, Lovick and Kagi
Limiting the liability of providers of treatment to high risk offenders.
The bill was read the second time.
MOTION
On motion of Senator Kline, the following Committee on Judiciary striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 71.24 RCW to read as follows:
(1) A licensed service provider or regional support network, acting in the course of the provider's or network's duties under this chapter, is not liable for civil damages resulting from the injury or death of another caused by a dangerous mentally ill offender who is a client of the provider or network, unless the act or omission of the provider or network constitutes:
(a) Gross negligence;
(b) Willful or wanton misconduct; or
(c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.
(2) In addition to any other requirements to report violations, the licensed service provider and regional support network shall report an offender's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment.
(3) A licensed service provider's or regional support network's mere act of treating a dangerous mentally ill offender is not negligence. Nothing in this subsection alters the licensed service provider's or regional support network's normal duty of care with regard to the client.
(4) The limited liability provided by this section applies only to the conduct of licensed service providers and regional support networks and does not apply to conduct of the state.
(5) For purposes of this section, "dangerous mentally ill offender" means a person who has been identified under RCW 72.09.370 as an offender who: (a) Is reasonably believed to be dangerous to himself or herself or others; and (b) has a mental disorder."
MOTIONS
On motion of Senator Kline, the following title amendment was adopted:
On page 1, line 2 of the title, after "offenders;" strike the remainder of the title and insert "and adding a new section to chapter 71.24 RCW."
On motion of Senator Kline, the rules were suspended, House Bill No. 2672, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2672, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 2672, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 1; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, 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 and Winsley - 45.
Voting nay: Senators Benton, Roach and Zarelli - 3.
Absent: Senator Deccio - 1.
HOUSE BILL NO. 2672, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2467, by Representatives Sullivan, Dunshee, DeBolt, Mulliken and Berkey
Modifying county treasurer provisions.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, House Bill No. 2467 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2467.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2467 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.
HOUSE BILL NO. 2467, 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 Regala, Senators Brown and Poulsen were excused.
SECOND READING
ENGROSSED HOUSE BILL NO. 2288, by Representatives Fisher, Mitchell, Rockefeller, Wood and Esser (by request of Department of Transportation)
Facilitating perpetual management of environmental mitigation sites.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed House Bill No. 2288 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2288.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2288 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.
ENGROSSED HOUSE BILL NO. 2288, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2370, by Representatives Schoesler, Cox, Eickmeyer, Ahern, Chandler, Mulliken and Haigh
Authorizing all counties to share county road engineering services.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, House Bill No. 2370 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2370.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2370 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.
HOUSE BILL NO. 2370, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2557, by House Committee on Natural Resources (originally sponsored by Representatives Lovick, Sump, Doumit, Buck, O’Brien, Pearson, Rockefeller, Ogden, McDermott, Mitchell, Boldt, Ericksen, Morell, Kenney and Jackley)
Revising provisions relating to metropolitan park districts.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the following Committee on Natural Resources, Parks and Shorelines striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.61.010 and 1994 c 81 s 60 are each amended to read as follows:
((Cities of five thousand or more population and such contiguous property the residents of which may decide in favor thereof in the manner set forth in this chapter may create)) A metropolitan park district may be created for the management, control, improvement, maintenance, and acquisition of parks, parkways, ((and)) boulevards, and recreational facilities. A metropolitan park district may include territory located in portions or all of one or more cities or counties, or one or more cities and counties, when created or enlarged as provided in this chapter.
Sec. 2. RCW 35.61.020 and 1965 c 7 s 35.61.020 are each amended to read as follows:
(1) When proposed by citizen petition or by local government resolution as provided in this section, a ballot proposition authorizing the creation of a metropolitan park district shall be submitted by resolution to the voters of the area proposed to be included in the district at any general election, or at any special election which may be called for that purpose((, or at any city election held in the city in all of the various voting precincts thereof, the city council or commission may, or on petition of fifteen percent of the qualified electors of the city based upon the registration for the last preceding general city election, shall by ordinance, submit to the voters of the city the proposition of creating a metropolitan park district, the limits of which shall be coextensive with the limits of the city as now or hereafter established, inclusive of territory annexed to and forming a part of the city)).
(2) The ballot proposition shall be submitted if the governing body of each city in which all or a portion of the proposed district is located, and the legislative authority of each county in which all or a portion of the proposed district is located within the unincorporated portion of the county, each adopts a resolution submitting the proposition to create a metropolitan park district.
(3) As an alternative to the method provided under subsection (2) of this section, the ballot proposition shall be submitted if a petition proposing creation of a metropolitan park district is submitted to the county auditor of each county in which all or a portion of the proposed district is located that is signed by at least fifteen percent of the registered voters residing in the area to be included within the proposed district. Where the petition is for creation of a district in more than one county, the petition shall be filed with the county auditor of the county having the greater area of the proposed district, and a copy filed with each other county auditor of the other counties covering the proposed district.
Territory by virtue of its annexation to any city ((having heretofore created)) whose territory lies entirely within a park district shall be deemed to be within the limits of the metropolitan park district. ((The city council or commission shall submit the proposition at a special election to be called therefor when the petition so requests.)) Such an extension of a park district's boundaries shall not be subject to review by a boundary review board independent of the board's review of the city annexation of territory.
Sec. 3. RCW 35.61.030 and 1985 c 469 s 32 are each amended to read as follows:
((In submitting the question to the voters for their approval or rejection, the city council or commission shall pass an ordinance declaring its intention to submit the proposition of creating a metropolitan park district to the qualified voters of the city. The ordinance shall be published once a week for two consecutive weeks in the official newspaper of the city, and the city council or commission shall cause to be placed upon the ballot for the election, at the proper place,))
(1) Except as provided in subsection (2) of this section for review by a boundary review board, the ballot proposition authorizing creation of a metropolitan park district that is submitted to voters for their approval or rejection shall appear on the ballot of the next general election or at the next special election date specified under RCW 29.13.020 occurring sixty or more days after the last resolution proposing the creation of the park district is adopted or the date the county auditor certifies that the petition proposing the creation of the park district contains sufficient valid signatures. Where the petition or copy thereof is filed with two or more county auditors in the case of a proposed district in two or more counties, the county auditors shall confer and issue a joint certification upon finding that the required number of signatures on the petition has been obtained.
(2) Where the proposed district is located wholly or in part in a county in which a boundary review board has been created, notice of the proposal to create a metropolitan park district shall be filed with the boundary review board as provided under RCW 36.93.090 and the special election at which a ballot proposition authorizing creation of the park district shall be held on the special election date specified under RCW 29.13.020 that is sixty or more days after the date the boundary review board is deemed to have approved the proposal, approves the proposal, or modifies and approves the proposal. The creation of a metropolitan park district is not subject to review by a boundary review board if the proposed district only includes one or more cities and in such cases the special election at which a ballot proposition authorizing creation of the park district shall be held as if a boundary review board does not exist in the county or counties.
(3) The petition proposing the creation of a metropolitan park district, or the resolution submitting the question to the voters, shall choose and describe the composition of the initial board of commissioners of the district that is proposed under RCW 35.61.050 and shall choose a name for the district. The proposition ((which)) shall ((be expressed in)) include the following terms:
□ "For the formation of a metropolitan park district to be governed by [insert board composition described in ballot proposition]."
□ "Against the formation of a metropolitan park district."
Sec. 4. RCW 35.61.040 and 1965 c 7 s 35.61.040 are each amended to read as follows:
If ((at an election)) a majority of the voters voting ((thereon)) on the ballot proposition authorizing the creation of the metropolitan park district vote in favor of the formation of a metropolitan park district, the metropolitan park district shall ((then)) be ((and become)) created as a municipal corporation effective immediately upon certification of the election results and its name shall be (("Metropolitan Park District of . . . . . . (inserting the name of the city).")) that designated in the ballot proposition.
Sec. 5. RCW 35.61.050 and 1994 c 223 s 23 are each amended to read as follows:
(1) The resolution or petition submitting the ballot proposition shall designate the composition of the board of metropolitan park commissioners from among the alternatives provided under subsections (2) through (4) of this section. The ballot proposition shall clearly describe the designated composition of the board.
(2) The commissioners of the district may be selected by election, in which case at the same election at which the proposition is submitted to the voters as to whether a metropolitan park district is to be formed, five park commissioners shall be elected. The election of park commissioners shall be null and void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary shall be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a commissioner. The staggering of the terms of office shall occur as follows: (((1))) (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to six-year terms of office if the election is held in an odd-numbered year or five-year terms of office if the election is held in an even-numbered year; (((2))) (b) the two persons who are elected receiving the next two greatest numbers of votes shall be elected to four-year terms of office if the election is held in an odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (((3))) (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all commissioners shall be elected to six-year terms of office. All commissioners shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter 42.12 RCW.
(3) In a district wholly located within a city or within the unincorporated area of a county, the governing body of such city or legislative authority of such county may be designated to serve in an ex officio capacity as the board of metropolitan park commissioners, provided that when creation of the district is proposed by citizen petition, the city or county approves by resolution such designation.
(4) Where the proposed district is located within more than one city, more than one county, or any combination of cities and counties, each city governing body and county legislative authority may be designated to collectively serve ex officio as the board of metropolitan park commissioners through selection of one or more members from each to serve as the board, provided that when creation of the district is proposed by citizen petition, each city governing body and county legislative authority approve by resolution such designation. Within six months of the date of certification of election results approving creation of the district, the size and membership of the board shall be determined through interlocal agreement of each city and county. The interlocal agreement shall specify the method for filling vacancies on the board.
(5) Metropolitan park districts created by a vote of the people prior to the effective date of this act may not change the composition and method of selection of their governing authority without approval of the voters. Should such a change be desired, the board of park commissioners shall submit a ballot proposition to the voters of the metropolitan park district.
Sec. 6. RCW 35.61.150 and 1998 c 121 s 1 are each amended to read as follows:
Metropolitan park commissioners selected by election according to RCW 35.61.050(2) shall perform their duties and may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to seventy dollars for each day or portion of a day devoted to the business of the district. However, the compensation for each commissioner must not exceed six thousand seven hundred twenty dollars per year.
Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
Sec. 7. RCW 84.52.010 and 1995 2nd sp.s. c 13 s 4 are each amended to read as follows:
Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.
The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.
When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:
(1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:
(a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, and 67.38.130 shall be reduced on a pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;
(e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and
(((e) Fifth)) (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.
In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012."
MOTIONS
On motion of Senator Jacobsen, 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 35.61.010, 35.61.020, 35.61.030, 35.61.040, 35.61.050, 35.61.150, and 84.52.010."
On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 2557, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Roach: “Senator Jacobsen, I am just looking at this bill report here–does this then allow for a new taxing district?”
Senator Jacobsen: “Yes, a junior taxing district. It comes after all the others and has to be approved by the voters.”
Senator Roach: “Thank you very much.”
Further debate ensued.
MOTION
Senator Roach moved that the remarks by the Senator from the Forty-first District (Senator Horn) be spread upon the Journal.
MOTION
Senator Winsley moved that the remarks by the Senator from the Twenty-sixth District (Senator Oke) be spread upon the Journal.
The President declared the question before the Senate to be the motion by Senator Roach that the remarks by the Senator from the Forty-first District be spread upon the Journal.
The motion by Senator Roach failed.
The President declared the question before the Senate to be the motion by Senator Winsley that the remarks by the Senator from the Twenty-sixth District be spread upon the Journal.
The motion by Senator Winsley failed.
Further debate ensued.
Senators Snyder, McCaslin and Spanel demanded the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The demand for the previous question carried.
Senator Regala closed debate on Substitute House Bill No. 2557, as amended by the Senate.
MOTION
On motion of Senator Betti Sheldon, Senator Fairley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2557, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2557, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 20; Absent, 0; Excused, 3.
Voting yea: Senators Costa, Eide, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 26.
Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 20.
Excused: Senators Brown, Fairley and Poulsen - 3.
SUBSTITUTE HOUSE BILL NO. 2557, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2299, by Representatives Esser, Lantz and Benson
Defining person under the business corporation act, uniform limited partnership act, and limited liability company act.
The bill was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, House Bill No. 2299 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2299.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2299 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Carlson, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, 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 - 44.
Absent: Senators Hargrove and Honeyford - 2.
Excused: Senators Brown, Fairley and Poulsen - 3.
HOUSE BILL NO. 2299, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE JOINT MEMORIAL NO. 4025, by Representatives Schindler, Ahern, Cox, Boldt, Mielke, Sump, Pearson, Nixon, Mulliken, Campbell, Benson, Morell, Talcott, Sehlin, Crouse, Buck, Holmquist, Esser, Schmidt, Ericksen, Haigh, Bush, Alexander, Anderson, Hankins, Lisk, Dunshee, Fisher, Mitchell, Woods, Armstrong, Grant, Santos, Hatfield, Wood, O'Brien, McDermott, Upthegrove, Jackley, Lysen, Kagi, Gombosky, Tokuda, Veloria, Kenney, Conway, Cody, Dickerson, Lantz, Fromhold, Berkey, Edwards, Chase, Lovick, Schual-Berke, Murray, Barlean, Jarrett, Cooper, Rockefeller, Simpson, Sullivan, Skinner, Eickmeyer, Ogden, Morris, Linville, Dunn and Darneille
Requesting that Congress modify IDEA to allow parent choice for assessment and treatment.
The joint memorial was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed House Joint Memorial No. 4025 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Joint Memorial No. 4025.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Joint Memorial No. 4025 and the joint memorial passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, 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.
ENGROSSED HOUSE JOINT MEMORIAL NO. 4025, having received the constitutional majority, was declared passed.
MOTION
On motion of Senator Honeyford, Senator McCaslin was excused.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 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.
The bill was read the second time.
MOTION
On motion of Senator Costa, the following Committee on Human Services and Corrections striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 74.08 RCW to read as follows:
(1) Any person receiving public assistance is prohibited from using electronic benefit cards or cash obtained with electronic benefit cards:
(a) For the purpose of participating in any of the activities authorized under chapter 9.46 RCW;
(b) For the purpose of parimutuel wagering authorized under chapter 67.16 RCW; or
(c) To purchase lottery tickets or shares authorized under chapter 67.70 RCW.
(2)(a) The department shall notify, in writing, all recipients of electronic benefit cards that any violation of subsection (1) of this section could result in legal proceedings and forfeiture of all cash public assistance.
(b) Whenever the department receives notice that a person has violated subsection (1) of this section, the department shall notify the person in writing that the violation could result in legal proceedings and forfeiture of all cash public assistance.
(c) The department shall assign a protective payee to the person receiving public assistance who violates subsection (1) of this section.
NEW SECTION. Sec. 2. A new section is added to chapter 9.46 RCW to read as follows:
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards for the purpose of participating in any of the activities authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of section 1 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 9.46 RCW to read as follows:
The commission shall consider the provisions of section 2 of this act as elements to be negotiated with federally recognized Indian tribes as provided in RCW 9.46.360.
NEW SECTION. Sec. 4. A new section is added to chapter 67.16 RCW to read as follows:
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards for the purpose of parimutuel wagering authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of section 1 of this act.
NEW SECTION. Sec. 5. A new section is added to chapter 67.70 RCW to read as follows:
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards to purchase lottery tickets or shares authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of section 1 of this act."
MOTIONS
On motion of Senator Costa, the following title amendment was adopted:
On page 1, line 1 of the title, after "cards;" strike the remainder of the title and insert "adding a new section to chapter 74.08 RCW; adding new sections to chapter 9.46 RCW; adding a new section to chapter 67.16 RCW; and adding a new section to chapter 67.70 RCW."
On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 2767, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2767, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2767, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, 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.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2767, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2625, by Representatives Linville, Buck, Van Luven and Lysen
Allowing the use of purse seine and other lawful fishing gear in certain waters.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, House Bill No. 2625 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2625.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2625 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, 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, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senators Deccio and Poulsen - 2.
Excused: Senator McCaslin - 1.
HOUSE BILL NO. 2625, 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 12:15 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Monday, March 4, 2002.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate